40 results for 'judge:"Hicks"'.
J. Hicks grants the Department of the Interior's motion to dismiss. The nonprofit wild horse public education group challenges the government's proposed "gather" of excess horses for population control purposes. Certain federal code precludes liability in federal government actors, and cited case law remedies are not available against a federal agency. Relief specific to a concluded gather is moot, though not as to future gathers. The bureau's motion to dismiss the First Amendment cause of action is granted, as it fails to establish a qualified right to view “humane” gathers.
Court: USDC Nevada, Judge: Hicks , Filed On: May 8, 2024, Case #: 3:23cv372, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency, First Amendment
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: Insurance, Contract, Aviation
J. Hicks denies, in part, summary judgment to BellSouth on certain trespass claims by a homeowner related to the telecommunications company’s acknowledgement its underground innerduct for protecting fiber optic cable encroaches on her property. The determination of damages based on physical property damage, inconvenience and mental suffering, as well as mitigation of damages, are better suited to trial.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 19, 2024, Case #: 5:23cv153, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Evidence, Property
J. Hicks grants a request by a hospital service district to strike the trial by jury demand of a father suing a district-owned hospital for allegedly failing to give his 13-year-old son a thorough medical examination, resulting in his death the day after discharge. Since adoption of the Seventh Amendment in 1791, federal courts have consistently held there is no right to a jury trial against a political subdivision. The hospital, which originally requested a jury trial, may have a judge-only trial instead.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 1, 2024, Case #: 5:22-cv-00171, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Health Care, Jury
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J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Hicks denies summary judgment to a hospital on its argument a father offers no evidence to prove its emergency room failed to give his 13-year-old son an appropriate medical screening. After the hospital discharged the boy after a diagnosis of a genital yeast infection, the child died the next day from diabetic ketoacidosis. Several key contested facts relate to the father’s medical screening complaint, including whether his son’s exam was tailored to his chief complaint at the emergency room: consecutive days of vomiting. The factual determination will be for the trier of fact at trial, not summary judgment.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: February 29, 2024, Case #: 5:22cv171, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Health Care
J. Hicks grants the Securities and Exchange Commission's motion for partial summary judgment in its case against a bestselling author and wealth coach that sold oil and gas securities as an unregistered broker. No question of material fact exists that she acted as an investment adviser who failed to disclose conflicts of interest such as her entitlement to compensation for the sales. Claimed exclusions do not exempt the coach and her associates from their fiduciary duties.
Court: USDC Nevada, Judge: Hicks, Filed On: February 16, 2024, Case #: 3:22cv269, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
J. Hicks grants the school district's motion to dismiss this negligence and civil rights suit. The mother of the high school volleyball player alleges the coach of the team harassed her daughter for leaving another municipal team he also coached. Allegations led to the coach's dismissal from the high school team pending investigation, which led to other students harassing the player. The mother fails to establish any element of standing regarding the alleged breach of duty of care. The complaint does not contain sufficient factual allegations to show any faculty conduct was extreme or outrageous.
Court: USDC Nevada, Judge: Hicks , Filed On: January 18, 2024, Case #: 3:22cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Hicks grants the county’s motion to remand. The county began this land ownership dispute involving a spring water system in state court. The water system was deeded by the Southern Pacific Railroad to the city of Monticello, and the county maintained and operated it since 1977. A recent landowner, upon whose land the water system comprised an easement for the county, cut locks from and altered water collection boxes, allowing the water to flow onto the owner’s land. The owner has failed to establish the amount in controversy threshold for federal diversity jurisdiction. Removal is not authorized.
Court: USDC Nevada, Judge: Hicks, Filed On: December 12, 2023, Case #: 3:23cv420, NOS: All Other Real Property - Real Property, Categories: Property, Water, Jurisdiction
J. Hicks grants the mining company’s motion for summary judgment in this suit brought by the former employee on his claims for discrimination, failure to accommodate and wrongful termination. The employee was beset with numerous health issues requiring many surgeries, and was terminated after accommodations were made and after exhausting administrative remedies. His applications for, statements on, and awards of disability benefits conflict with his Americans with Disabilities Act claims. The employee stated that he could do his job with accommodations while applying for extended total disability benefits, which negates the claim.
Court: USDC Nevada, Judge: Hicks, Filed On: November 3, 2023, Case #: 3:21cv126, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hicks denies a request by a nonprofit health care agency to exclude the expert testimony of a physician who treated a fired employee for physical pain and severe depression allegedly related to a physical workplace confrontation leading to her claims of racial bias, retaliation and vicarious liability against her ex-employer. The exclusion of the doctor’s testimony is not warranted. However, he may only testify to his personal knowledge obtained from examining and treating the woman. Any other opinions are specifically excluded and prohibited as he did not submit a report as required by rule.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: October 13, 2023, Case #: 6:22cv962, NOS: Employment - Civil Rights, Categories: Evidence, Experts, Employment Discrimination
J. Hicks affirms the reapproval of a developer’s plan to construct three multi-family apartment buildings with 152 dwelling units in total after its previous approval was undone by a prior appeal. A conditional use permit does not require the unnecessary hardship standard of a variance and what the opponents of the plan propose as an alternative is not the same project in a different area, but a smaller project. The developer’s plan meets the criteria necessary to be granted a conditional use permit to build in a wetland zone.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: October 12, 2023, Case #: 2022-0182, Categories: Environment, Zoning
J. Hicks grants the mining company’s motion for summary judgment in this employment discrimination suit. The former employee was fired for failing to follow safety protocols and bypassing equipment safety features, which resulted in the partial amputation of his finger. He was not hired thereafter by a subcontractor which contracted with the mining company after giving his resume to someone associated with the subcontractor. This person never submitted the resume. The former employee failed to demonstrate the existence of a prospective contractual relationship between himself and the subcontractor. There are no genuine issues of material fact.
Court: USDC Nevada, Judge: Hicks, Filed On: September 29, 2023, Case #: 3:20cv34, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Contract
J. Hicks grants the community college administrators' motion to dismiss this civil rights complaint brought by a professor alleging that the administrators sought to discipline, retaliate and punish him after he voiced concerns about the lowering of curriculum standards and the deterioration of shared governance. The administrators are shielded by qualified immunity because the professor has failed to allege a constitutional violation of the Equal Protection Clause.
Court: USDC Nevada, Judge: Hicks , Filed On: September 27, 2023, Case #: 3:22cv45, NOS: Other Civil Rights - Civil Rights, Categories: Education, Immunity, Equal Protection
J. Hicks grants and reduces a mother’s request for attorney fees and expenses incurred in litigating a parental kidnapping case against the child’s father in the U.S. and expediting the return of their son to his habitual residence in Honduras. While there is international case law to support the mother’s request for $71,187 in fees and expenses, such an award in would be “patently unreasonable.” Because of the father’s unemployment and financial condition, the fee and expense award against him is reduced by 15%, down to $60,509.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: September 19, 2023, Case #: 5:22CV1053, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Hicks dismisses this suit brought by shareholders regarding an oral contract between the corporation's board of directors that contemplated one of the director’s positions and a future stock option purchase. The claims are against the corporation’s directors, though they are masked as claims against individuals, and the corporation's certificate of incorporation contains a forum selection clause that requires the claims to be litigated in Delaware’s Court of Chancery. The shareholder fails to state a claim for relief because he does not allege facts establishing that the parties validly formed an enforceable contract.
Court: USDC Nevada, Judge: Hicks, Filed On: September 11, 2023, Case #: 3:23cv39, NOS: Stockholders’ Suits - Contract, Categories: Securities, Venue, Contract
J. Hicks grants the government’s cross motion for summary judgment in this suit alleging that it violated the National Environmental Policy Act in assessing that its approach to predator damage management in wilderness areas in Nevada with historic grazing allotments would not have a significant environmental impact. The advocacy group’s extra-record declaration contains elaborations of topics thoroughly addressed in the government’s environmental assessment as well as information not presented during the comment period. It does not raise any new subject matter and does not show that the agency, as alleged, overlooked a relevant subject matter. The declaration does not qualify for a “relevant factors” exception.
Court: USDC Nevada, Judge: Hicks, Filed On: August 28, 2023, Case #: 3:21cv508, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Hicks denies the home health provider's motion to dismiss this suit involving misappropriation of trade secrets and breach of contract claims stemming from former employees' alleged conspiracy to open a home health business using the service's trade secrets and confidential business information. The service has plausibly pleaded the employees disrupted some of its pre-existing contracts with employees and contractors, and has adequately pleaded damages such as lost profits and lost benefits from the interrupted contracts.
Court: USDC Nevada, Judge: Hicks , Filed On: August 25, 2023, Case #: 3:22cv333, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Health Care, Trade Secrets, Contract
J. Hicks grants a request by an insurance company dismissing bad-faith claims brought by their insureds, two Shreveport homeowners, arising from alleged roof damage caused by hail. The ruling finds no evidence exists to support a finding that the insurer acted arbitrarily or capriciously. Specifically, the homeowners have not submitted any evidence that shows that their insurer did not have a legitimate question as to whether the damage may have been caused by wear and tear. On the contrary, the insurer submitted evidence that shows that once the litigants reached an undisputed figure of $311,117, the insurer issued payment to the homeowners within the statutory time frame.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: August 18, 2023, Case #: 5:20cv634, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Hicks affirmed granting a motion to dismiss filed by the Department of Transportation, but reversed motions for summary judgment granted to two construction companies against a couple who sued them for failing to clear a clogged catch basin, which caused flooding that led to the couple hydroplaning and suffering a car accident in which they were injured. The orders striking the couple’s expert reports are also reversed. The department is immune from liability in this case because there is no evidence that it knew of the clogged basin and flooding before the accident, and the fact that it owns the highway where it occurred does not make it liable. The opinions of two engineers were struck and the companies’ motions for summary judgment granted because the opinions were considered speculative but the opinions don't have to be flawless. Even if someone else could come to a different conclusion with the information the experts had, a reasonable person could have come to the same conclusions as they did.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 16, 2023, Case #: 2022-0101, Categories: Vehicle, Experts, Premises Liability
J. Hicks affirms the denial of a trust’s motion for preliminary injunctive relief against a condominium, and that condominium’s dismissal of the trust’s motion. The trust wanted to prevent the condominium from incurring debt by purchasing land for additional parking spots but the condominium is allowed by the Condominium Act to purchase land.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 3, 2023, Case #: 2021-0385, Categories: Real Estate, Trusts, Injunction
J. Hicks finds the trial court properly denied the trust’s request for preliminary injunctive preventing the association’s board of directors from purchasing land outside the condominium to add guest parking spaces, also alleging that the “Association has asserted that … the additional land shall become part of the … common area.” The Condominium Act allows the association to purchase land and the complaint fails to state a claim. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 3, 2023, Case #: 2021-0385, Categories: Property, Contract
J. Hicks grants Wells Fargo's motion to dismiss this suit arising from the alleged loss or theft of gold and silver coins the customers had in their safe deposit box. As the lease agreement governs, a federal court looks to state law to determine the existence of a contract. According to the valid contract, Wells Fargo must exercise ordinary care and is not responsible for knowing or insuring contents. The risk of loss shifts to the customers if they elect to store money or jewelry.
Court: USDC Nevada, Judge: Hicks , Filed On: July 26, 2023, Case #: 3:22cv407, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Hicks grants a request by a Virginia-based media service provider and issues a preliminary injunction, temporarily blocking the owner of three Louisiana television stations from selling the TV stations and other assets to anyone other than media provider, according to their alleged contractual agreement. If the order were not issued, the Louisiana TV owner might irreparably harm the Virgina-based media provider by selling the TV stations and other assets, thereby infringing on the latter litigant’s contractual rights. Further, enjoining the Louisiana TV owner from breaching a contract it signed after months of negotiations can hardly be said to harm its interests. The threatened injury to the media provider outweighs the threatened harm to the owner of the three Louisiana TV stations.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 20, 2023, Case #: 5:21cv4212, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract