158 results for 'filedAt:"2024-05-03"'.
J. Wilder-Doomes grants a request by an insurer of a 28-acre mixed-housing development, compelling a chemical manufacturer of a termiticide and mold spray to produce documentation related to its purchase of a product that it repackaged as “Mold-Care.” The manufacturer failed to satisfy its burden that it could properly withhold production of its “Master Repack Agreement” as confidential business information. The manufacturer is ordered to produce unredacted copies of the agreement to the insurer for its state-law product liability lawsuit against the Tennessee-based chemical company.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: May 3, 2024, Case #: 3:21cv431, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Property, Product Liability
J. Fuentes finds the district court properly dismissed shareholders' complaint for failing to make a pre-suit litigation demand. “A district court’s decision to dismiss a derivative action for failure to plead demand futility is to be reviewed de novo.” Affirmed.
Court: 3rd Circuit, Judge: Fuentes, Filed On: May 3, 2024, Case #: 22-3027, Categories: Judiciary, Business Expectancy
J. Soud finds defendant's habeas corpus petition to be released from his involuntary commitment subsequent to his being found guilty of first-degree homicide for the premeditated murder of his wife must be denied. Ample evidence in the record supports the conclusion that defendant's mental illness continues to make him a manifest danger to himself or others, so his petition will not be granted.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 3, 2024, Case #: 24-0663, Categories: Habeas, Murder, Commitment
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: Assault, Domestic Violence, Speedy Trial
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J. Forrest vacates a district court order staying a securities fraud action pending completion of a Chapter 11 bankruptcy case and remands the matter. The matter arises from a group of retirement and pension funds which filed a consolidated putative securities class action against PG&E Corp., Pacific Gas & Electric Co., and some of its current and former officers, directors, and bond underwriters. PG&E filed for Chapter 11 bankruptcy which automatically stayed the action against PG&E but not the individual defendants. The district court abused its discretion in ordering the stay as to the individual defendants.
Court: 9th Circuit, Judge: Forrest, Filed On: May 3, 2024, Case #: 22-16711, Categories: Bankruptcy, Securities, Class Action
Per curiam, the court of appeals finds the change in calculation of time served credits earned by inmates did not violate the inmate's constitutional rights under the ex post facto clause. The alteration was not a law, but was actually an administrative directive that does not implicate the constitution. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: AC46226, Categories: Ex Post Facto, Habeas, Sentencing
J. Dorsey grants the emergency motion to stay the case. The investors paid $200,000 to the purchaser of IP addresses on his promise to flip and sell them for a profit. The loan was not repaid, and this claim and counterclaim ensued. An order was entered during discovery compelling an investor to produce medical records after he showed signs of mental incapacity at his deposition. The IP address purchaser now seeks a stay pending a determination as to whether the investor is incompetent to sue without proper representation. The district court is obligated to consider whether a potentially incapacitated litigant is adequately represented.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 3, 2024, Case #: 2:22cv1809, NOS: Other Contract - Contract, Categories: Due Process, Banking / Lending, Technology
J. Evanson denies summary judgment to the music photographer for his complaint that the music streaming service used his licensed photo of Jamaican musician Lincoln Barrington “Sugar” Minott without permission. Neither the music photographer nor the music streaming service are entitled to summary judgment because there are factual disputes as to whether the music streaming service's owner had the right to use the photograph by implied or expressed license.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: May 3, 2024, Case #: 2:23cv470, NOS: Copyrights - Property Rights, Categories: Copyright
J. Ashe grants summary judgment to a shoreside employer and against its loader-operator on spud barges, rejecting the employee’s claims he is entitled to a seaman’s status and benefits after he was knocked into a canal while unloading limestone from a barge. The employee is not a seaman because he did not engage in sea-based or seagoing activity and did not sail with his employer’s vessels. The undisputed evidence shows that the employee nearly always worked on vessels that were only a gangplank away from shore.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 3, 2024, Case #: 2:23cv2570, NOS: Marine - Contract, Categories: Employment, Evidence, Maritime
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Retaliation, First Amendment
Per curiam, the appellate division finds that the lower court properly terminated a father's parental rights based on evidence that the father failed to prepare for the child's return and failed to address his dangerous delusional thinking. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CAF 23-00038, Categories: Family Law
Per curiam, the appellate court finds that the trial court properly ruled in breach of contract claims brought by plaintiff for failure to bring fraud claims related to services in converting his dental practice. However, conversion claims should be reinstated in light of text message evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00885 , Categories: Fraud, Conversion, Contract
J. Gibbons finds the district court properly divided property, calculated alimony and allowed the attorney's lien for fees in this divorce decree. The ex-wife filed for divorce after the ex-husband, she alleges, lost all community assets trading futures. The wife abandoned her marital waste claim, seeking to enforce an oral agreement that she receive the husband's interest in the residence. The court correctly allowed for the lien due to the wife's pursuit of the frivolous marital waste claim. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: May 3, 2024, Case #: 84255-COA, Categories: Family Law, Property
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: Civil Procedure, Damages, Discovery
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: Civil Procedure, Jury, Damages
J. Blacklock finds that the court of appeals improperly affirmed a jury verdict in favor of two City of Denton employees who sued the city under the Texas Whistleblowers Act after they were allegedly fired for reporting a member of the city council for meeting with a reporter at their home, violating the Public Information Act and the Open Meetings Act. The city council members are not paid, thus making the council member not an employee who would otherwise be covered under the Act. Furthermore, her actions were hers alone and not on behalf of the city council. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 3, 2024, Case #: 22-1023, Categories: Administrative Law, Government, Whistleblowers
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Civil Procedure, Property, Damages
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: Evidence, Manslaughter, Vehicle
J. Pan upholds the district court's finding for the government agencies on three environmental groups' challenge to their assessments regarding the effects the dredging of the San Juan Harbor will have on the environment and endangered species. The groups fail to show the agencies' determinations were arbitrary or capricious. Affirmed.
Court: DC Circuit, Judge: Pan, Filed On: May 3, 2024, Case #: 23-5189 , Categories: Environment, Water
J. Childs vacates the district court's finding for the Small Business Administration on a concert tour company's challenge to the agency's rejection of its application for a $4.9 million grant in connection with Covid-19 under the Shuttered Venue Grants program. The agency ignored relevant proof supporting the company's eligibility for the grant, including more than 100 pages of creative elements it used to design concerts for the band, Twenty One Pilots, and its financial role in the tour. Vacated.
Court: DC Circuit, Judge: Childs, Filed On: May 3, 2024, Case #: 22-5253 , Categories: Administrative Law, Government
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Kobayashi dismisses a complaint that accuses the state of providing pornography to minors through its public library system, finding that the woman’s claims that children have been sexually abused at state libraries are not detailed or backed up by facts. Other claims she made also do not relate to each other or the library. Further, she does not have standing to bring claims on behalf of unnamed minor children as she does not assert any relationship with them.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 3, 2024, Case #: 1:24cv101, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
Per curiam, the appellate division finds that the trial court should have upheld an arbitration award because the arbitrator's findings were well-reasoned and remained consistent with the parties' collective bargaining agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00699 , Categories: Arbitration
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: Civil Procedure, Contract