625 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Cooper denies the elections watchdog group's motion to compel production of internal communications and documents regarding the Federal Elections Commission's deliberations on key votes in the watchdog's pursuit of a finding that a Political Action Committee failed to organize, register and report as required under the law. The commission has produced its administrative record, but this motion has been construed as a motion to complete or supplement that record. The commission has, however, shown that omitted documents are protected by the deliberative-process privilege.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 10, 2024, Case #: 1:22cv35, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Discovery, Privilege
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J. Deavers denies, in part, the law firm's motion to quash, ruling attorney-client privilege does not prevent disclosure of communications between itself and witnesses involved in the Ohio State University sexual abuse scandal because the documents do not involve legal advice, but were part of a factfinding investigation about former university physician, Dr. Richard Strauss.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 8, 2024, Case #: 2:19mc38, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Privilege
J. Engelmayer denies the mother's petition for the return of her son, age 11, to Chile. While the child's habitual residence for his entire life has been Chile, the child unequivocally does not want to return to Chile, despite his higher standard of living with his mother. He has consistently articulated feelings of depression and desperation in connection with his life in Chile, and feels happier living with his father in New York where he is doing well in school and developing close friends. While the child is not at risk of grave harm if he returns to Chile, the balance of circumstances favors retention in the U.S.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: May 7, 2024, Case #: 1:24cv1379, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Dick grants, in part, a request by an insurer to deposit $325,000 in annuity proceeds into the court’s registry and be dismissed from the case on grounds it is a disinterested stakeholder. The insurer's requested $9,400 in attorney fees is reduced to $6,500, as the requested amount is excessive. The insurer will then be dismissed from the case.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 7, 2024, Case #: 3:23cv601, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Insurance, Attorney Fees
J. Milazzo grants a group of insurers’ request for a preliminary injunction, barring New Orleans’ aviation board from prosecuting arbitration claims against them related to a design contract dispute over the construction of the new terminal facility at the Louis Armstrong New Orleans International Airport. The irreparable harm the insurers would suffer if forced to arbitrate claims without an arbitration agreement outweighs any harm the city’s aviation board would suffer in potential litigation costs.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 6, 2024, Case #: 2:23cv5806, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Contract
J. Sammartino partially grants CoreCivic's motion to stay in a case accusing it of violating California's labor laws with respect to detainees' voluntary work and coercing detainees to perform uncompensated work in violation of both state and federal law. The limited stay only applies to dispositive motions regarding state law claims potentially subject to the constitutional defense at issue in a case pending before the 9th Circuit. However, discovery related to the state law claims will not be stayed, as this case has already been going on for nearly seven years.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 6, 2024, Case #: 3:17cv1112, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Labor
J. Rodriguez denies a compounding pharmacy’s motion to dismiss for want of prosecution after it was sued under the False Claims Act for allegedly falsely inflating prices in bills to the federal government. The pharmacy argued that the U.S. has excessively extended its “intervention deadline” since the original complaint was filed in 2014, but the False Claims Act requires the government to “diligently ... investigate” claims made under the Act, and the delays — rather than reflecting “significant periods of total inactivity” — have instead reflected the government’s efforts to investigate other companies, which are necessary here “because all the defendants were alleged to have participated in the same scheme.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 3, 2024, Case #: 5:14cv212, NOS: Other Statutory Actions - Other Suits, Categories: Government, Due Process, False Claims
J. Wood grants the individual's motion to remand a putative negligence, invasion of privacy and breach of fiduciary duty class action against the hospital back to Coffee County superior court. The individual claimed the hospital violated HIPAA rules and FTC standards by disclosing confidential and protected health information to third parties, including Facebook and Google, via tracking technologies on the hospital's website. Although the individual's action references federal law, the hospital failed to show that the individual's state law claims raise a federal issue. The individual's motion for attorney fees is denied.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 29, 2024, Case #: 5:24cv5, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Conrad grants the father of a child who was illegally taken from Peru to the U.S. his petition for return of the child. The mother, originally from Venezuela, fled to Peru to escape political oppression, then met the child’s father, who is from Peru. On a trip to visit relatives in the U.S., the mother refused to return to Peru and would not let the father take the child back to Peru either. The mother has not shown sufficient evidence proving a grave risk of harm to the child if they returned to Peru.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 26, 2024, Case #: 3:24cv226, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Osteen denies a retired businessman’s motion for preliminary injunction against the U.S. Department of Agriculture to prevent it from enforcing the Horse Protection Act against him. The department claims the businessman violated the Act when he entered his own horse into a Virginia horse show when the horse was sored, or exposed to harmful chemicals in order to make the horse produce a more desirable gait. The businessman denies that he sored the horse and contests the process by which he was accused. Because one of the department’s judicial officers, and not its secretary, filed the complaint against the businessman, he incorrectly believes this delegitimizes the process and demands a jury trial. He is not likely to succeed on the merits and his motion is therefore denied.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: April 24, 2024, Case #: 1:24cv175, NOS: Other Statutory Actions - Other Suits, Categories: Agriculture, Constitution, Injunction
J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Pechman grants the petition of Julie Su, Acting Secretary of Labor of U.S. Department of Labor, to enforce an administrative subpoena seeking information about the amounts paid to various Amazon officers, managers and supervisors in 2021 to 2022 to go to Staten Island, New York to convince Amazon employees not to unionize. The information about the names and job positions are relevant to the investigation, because that will help determine if these individuals acted outside their normal job duties or if they acted in their individual capacities.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 24, 2024, Case #: 2:24cv270, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Labor / Unions