21 results for 'judge:"Gillmor"'.
J. Gillmor denies a motion by the family of a man killed in a 2019 helicopter crash to amend the complaint and scheduling order in order to include a claim against a helicopter manufacturer for concealing information from the Federal Aviation Administration under the General Aviation Revitalization Act. The motion is untimely because trial for the case will begin in a month, and the family did not ever propose amendment during previous scheduling order adjustments over three years of litigation. The proposed amendment does not meet standards for pleading anyway, as the family does not identify any specifics in the accused misrepresentations. The helicopter manufacturer has also already timely established a defense under the Act.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 8, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Aviation
J. Gillmor grants summary judgment to the manufacturer of a helicopter involved in a fatal helicopter crash in negligence and product liability claims. The family of a man who died in the crash cannot show that the manufacturer knowingly caused or concealed flaws that may have led to the crash. There is also no evidence that a provision of a statute, governing liability of aircraft manufacturers even after many years following delivery of the aircraft, applies. The helicopter was delivered 18 years before the crash and there is no evidence of a design defect in replacement components installed in 2018 altered the helicopter to the extent that the rolling provision applies.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 6, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Aviation
J. Gillmor denies summary judgment to the government in a negligence claim for a fatal helicopter crash. Questions of material fact as to the cause of the crash, and whether the Federal Aviation Administration properly oversaw a helicopter company, remain. The government concedes that it did not perform check of the pilot of the helicopter or owner of the helicopter but there is not enough on the record to determine if the government was a substantial factor in the crash.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 6, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Aviation
J. Gillmor denies summary judgment to the employer of a worker whose was injured when her arm was sucked into an industrial vacuum while working on board a U.S. Navy vessel. There are genuine issues of material fact as to if the worker was considered a “seaman” under the definition of the Jones Act when the injury occurred as there are questions as to if the worker’s efforts to protect the ship from corrosion should be contributed to the operation of the vessel as well as questions about the extent of the injuries and the relationship of all the parties to each other. The worker’s declarations are not a “sham” as the employer does not show how different instances of her testimony contradict each other.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 26, 2024, Case #: 1:22cv275, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Maritime, Tort
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Labor / Unions
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J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Tort, Product Liability
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though the issue of admissibility will be determined at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though admissibility will be ruled on at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
J. Gillmor dismisses excessive force, negligence, wrongful death and other claims by relatives of a man shot and killed by Maui police officers. The family does not identify any specific officers, any of their specific actions or any specific policy or practice that led to the shooting, and therefore do not have sufficient facts to support their claims. Only the man’s mother and father have standing to bring their claims; siblings and other family members do not. Only the mother’s excessive force claim remains.
Court: USDC Hawaii, Judge: Gillmor, Filed On: January 18, 2024, Case #: 1:23cv383, NOS: Other Civil Rights - Civil Rights, Categories: Government, Wrongful Death, Police Misconduct
J. Gillmor declines to exclude testimony from two experts for a case where a water heater exploded and killed a mother and her infant daughter, finding that the fire and explosion expert and the engineer expert submitted by the deceased’s relatives are qualified by years of experience and certifications, and used reliable data to present relevant testimony.
Court: USDC Hawaii, Judge: Gillmor, Filed On: December 28, 2023, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Wrongful Death
J. Gillmor denies a motion for recusal by a man formerly convicted of sexual assault of a minor, who now sues his accuser, her family and police and court officers involved in the conviction. The man’s claims of bias against him do not constitute a basis for recusal, as the purported bias stems from the judge’s rulings, rather than from outside the proceedings. “The fact the court has ruled against plaintiff, expressed an opinion about a matter of procedure or a point of law, or disagreed with plaintiff’s legal position is not a basis for recusal.”
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 9, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Judiciary
J. Gillmor dismisses several counts, including negligence and false arrest, against a Honolulu police officer that arrested a man for sexual assault of a minor in 2003. These claims, brought in 2021, exceed the statute of limitations because the initial arrest and conviction occurred almost 20 years ago, the man was released from prison nearly 10 years ago and the convictions were vacated over two years ago. A malicious prosecution claim against the officer remains however, as time for this claim only began accruing in 2020, when the circuit court dismissed the criminal case on remand.
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 8, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Negligence
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Civil Procedure, Experts, Wrongful Death
J. Gillmor declines to grant the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by air traffic controllers. The challenged expert is a pilot and has no training as an air traffic controller, so he may not testify on air traffic control, duties of care or protocols.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Gillmor rules on several motions in limine in this loan contract dispute, determining, for example, that partial evidence of prior bad dealings may be introduced to the court.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 20, 2023, Case #: 1:20cv411, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Housing
J. Gillmor dismisses negligence and emotion distress claims filed against Honolulu by an individual who was wrongfully convicted and imprisoned for sexual assault. The claims are time-barred, as the conviction occurred nearly two decades ago and the individual had been released from prison for eight years by time of the suit. The wrongfully convicted individual was also unable to specify who exactly from the city acted against him and in what manner.
Court: USDC Hawaii, Judge: Gillmor, Filed On: June 22, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Negligence