22 results for 'judge:"Berger"'.
J. Berger finds the trial court erroneously granted the business partner's motion to pierce the corporate veil and hold the business entities liable for debts owed by the individual borrower. The piercing doctrine cannot be used to construe a disputed contractual term, such as the ambiguity found in the parties' settlement agreement. Meanwhile, the trial court properly granted the borrower's motion for summary judgment on the partner's civil theft claim because it was based on the same conduct as the contract claim. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Berger, Filed On: February 29, 2024, Case #: 2024COA22, Categories: Settlements, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Berger grants the West Virginia Secretary of State's and the West Virginia Republican Party's motions to dismiss the Texas tax attorney and Republican presidential candidate's challenge to former President Donald J. Trump's placement on the 2024 West Virginia primary ballot. Since "he is not actually campaigning for the Republican nomination for President, he has no concrete and particularized competitive injury based on former President Trump's appearance on the ballot." Thus, the Texas tax attorney lacks standing and the case is dismissed.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:23cv598, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government, Jurisdiction
J. Berger grants in part the Summers County Sheriff's deputy's motion for summary judgment in the civil rights suit accusing him and two West Virginia State troopers of unlawfully entering an elderly Pence Spring woman's home in the course of executing an arrest warrant on her son, then using excessive force to restrain and arrest her. The deputy is entitled to qualified immunity on the count of unlawful entry since he did not accompany the troopers to serve the warrant, and, upon arriving after they began to subdue the woman, entered the home when one of the troopers claimed she assaulted him.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Berger denies in part the transportation company's motion to dismiss the estate's claim of its liability in a "road rage" incident, where one of its drivers shot and killed a motorist, when the motorist confronted the truck driver after cutting him off at a highway intersection in Mingo County. While the estate has not pled sufficient facts of negligence or gross negligence on the company's behalf, it has plausibly argued a claim for vicarious liability based on the employer-employee relationship with the truck driver, and his possession of a loaded firearm while driving.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: November 16, 2023, Case #: 2:23cv236, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Transportation, Negligence, Wrongful Death
J. Berger finds that the court of appeals should have suppressed evidence in defendant's trial for drug trafficking and other charges because the court misapplied statute in determining whether the exclusionary rule applied to evidence discovered while searching a vehicle in investigating a hit and run. The court misapplied statute in determining whether the exclusionary rule applied to evidence discovered during the search. Reversed.
Court: North Carolina Supreme Court, Judge: Berger, Filed On: October 20, 2023, Case #: 95A22, Categories: Drug Offender, Search
J. Berger denies the equipment repair and manufacturing company's preliminary injunction to stop a former employee who started a competing company from using confidential information he obtained to reverse engineer decanter centrifuges, conducting business with its existing clients, and soliciting employees. The company cannot establish a "clear showing" of "irreparable harm" by the former employee's use of the equipment drawings in his business.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: October 13, 2023, Case #: 2:23cv440, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Business Practices, Injunction
J. Berger denies plaintiffs, transgender women, a temporary restraining order to prevent state officials from enforcing laws concerning use of public restrooms during a planned visit to Florida for a transgender march because plaintiffs failed to name official policies or laws causing them harm and failed to establish likely success on the merits.
Court: USDC Middle District of Florida, Judge: Berger, Filed On: October 6, 2023, Case #: 6:23cv1887, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights
J. Beger denies the Summers County deputy sheriff's motion for summary judgment in the civil rights lawsuit accusing him and a West Virginia State trooper of using excessive force to restrain and arrest a 75-year-old woman when the trooper came to her home on March 31, 2020, to arrest her son on an outstanding warrant. Though not named as a co-defendant until the complaint was amended on July 15, 2022, it was not until the woman's attorney combed through evidence that she was aware the deputy contributed to her injuries.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: September 20, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Elder Abuse
J. Berger grants the Dunbar police officer’s motion for summary judgment in a couple’s suit claim civil rights violations when the officer acted on a tip from his lieutenant to check on suspicious activity at the couple’s home, and after finding probable cause to search the home for marijuana, served them with a warrant that contained erroneous information. The court finds the officer’s “failure to deliver the correct warrant or a warrant free of errors does not rise to a violation of the [couple’s] Fourth Amendment rights.”
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 12, 2023, Case #: 2:22cv230, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Berger grants the City of Oak Hill and two of its police officer’s motion to dismiss the motorcyclist’s civil rights lawsuit accusing the officers of continuing to pursue him outside the city limits at speeds of up to 100 mph after dispatch ordered them to cease, causing him permanent injuries when the officers did not first call paramedics after he wrecked his motorcycle in a ditch, ending the pursuit. Determining there is “no clearly established precedent establishing that officers must refrain from moving an injured person prior to arrival of first responders with more medical training,” the court finds the officers are protected by qualified immunity. Absent an underlying constitutional violation, the motorcyclist’s municipal liability claim against the city cannot survive.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 5, 2023, Case #: 2:23cv69, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Berger overrules the automotive manufacturer’s objections and adopts the magistrate judge’s report finding the company failed to meet its discovery obligations which not only caused discovery to be reopened, but also prevented a “good faith, productive mediation” in the New York resident’s suit over injuries he and his son sustained in 2020 after crashing their utility terrain vehicle. The court concurs that the manufacturer’s conduct is so egregious as to impose monetary sanctions against it for the legal fees and expenses the resident incurred associated with pursing his motion as well as a jury instruction prior to trial.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 31, 2023, Case #: 2:21cv501, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Discovery
J. Berger grants three Parkersburg Police officers’ motion to dismiss a resident’s claims they violated his First and 14th Amendment rights when they attempted to dissuade him from filing criminal charges against a Williamstown Police officer on April 24, 2022, after the officer and two of his sons assaulted the man, believing him to be the person they saw on their home security camera earlier attempting a break-in. The court finds the resident failed to make in his complaint any plausible claim how the non-assailant officers would potentially retaliate against him if he pressed charges against his assailants.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 15, 2023, Case #: 2:23cv180, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct