754 results for 'nos:"Other Personal Injury - Torts - Personal Injury"'.
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
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J. Zainey denies a request by Walmart to dismiss as time-barred an overnight stocker’s malicious prosecution and defamation suit. She argues the clock on her claims did not begin running until after a city prosecutor dismissed Walmart’s theft claims. The store had her arrested for twice purchasing multiple packages of newly marked-down meat after her shift ended. In neither instance did she alter the pricing labels, and she paid full price for the meat. Walmart may raise its prescription argument later.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: April 23, 2024, Case #: 2:23cv6441, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Defamation
J. Kobayashi partially grants a motion in limine by the government regarding testimony by doctors and other experts in a case where military families accuse the government of causing jet fuel contamination in their drinking water. A physician can testify to one families’ treatment and causation as long as it corresponds with the previous medical record. The families’ toxicology expert may only testify on diagnoses and prognoses, but not causation. A pair of life planners can rely on medical records in their testimony, as it is common practice in their industry.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 22, 2024, Case #: 1:24cv59, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Experts
J. Kato finds in favor of the company against the family's complaint that the company's nursing home neglected their loved one to the point that she developed sepsis and contracted Covid-19, resulting in her death. The family did not show diligence when conducting discovery as they did not serve their first set of document requests until seven months after the court issued the scheduling order, among other deficiencies, and the family does not present any record evidence that the company or any of its employees knew that the company's Covid-19 mitigation practices posed a serious risk of death to the loved one.
Court: USDC Central District of California, Judge: Kato, Filed On: April 19, 2024, Case #: 5:21cv1428, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Elder Abuse, Discovery, Covid-19
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Choice Of Law
J. McCafferty grants a body product company’s motion to dismiss a class action brought against it by a customer claiming the company violated the New Hampshire Driver Privacy Act by sending information from the customer’s driver’s license to a third party without his consent. The customer failed to make a plausible argument that the company sold, rented, offered or exposed for sale his driver’s license or the information contained in it.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: April 18, 2024, Case #: 1:23cv432, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Privacy, Class Action
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Premises Liability
J. Kobayashi partially grants summary judgment to the U.S. Navy in for part of negligence claims against it by military families who became sick after jet fuel leaked into the water system. The families did not provide sufficient causation evidence for their special damages claim related to medical monitoring and testing for the risk of future health effects. However, summary judgment is denied for claims of fear of future injury.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 10, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water
J. Whitney partially grants a husband and wife’s motion to alter judgment in this personal injury case against the husband’s former employer, a farm and its owner. Previously, the court ruled in favor of the husband, who had been injured on the job, and his wife, for the farm’s negligence and the wife’s loss of consortium for over $2 million. The husband and wife are correct to say they are owed post-judgment interest, which is now awarded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 10, 2024, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Leonard denies the hotel's motion for summary judgment. The guest tripped over a wet floor sign that he claimed was on the ground rather than propped up. The guest claims that the hotel is guilty of negligence for selecting a metallic and brown wet floor sign that blended in with the surrounding decor, placing the sign such that it fell over and laid flat, failing to ensure the sign was in a location where it would not pose a tripping hazard, and failing to remove the sign once the floor was dry. A jury could reasonably determine that the hotel breached its duty of care in selecting and locating the sign.
Court: USDC Eastern District of Virginia, Judge: Leonard, Filed On: April 10, 2024, Case #: 2:23cv11, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence