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Plaintiffs filed this diversity action against Fundacion Damas, Inc. and Banco Popular de Puerto Rico alleging (1) Fundacion was the owner and operator of Hospital Damas, (2) Fundacion committed medical malpractice under Articles 1892 and 1803 of the Puerto Rico Civil Code, and (3) Fundacion and Banco Popular committed negligence by mismanaging funds of a trust. The district court granted Banco Popular’s motion to dismiss count three and Fundacion’s motion for summary judgment on counts one and three. The First Circuit affirmed, holding that Plaintiffs failed to present the court with a developed argument that was convincing enough to disturb the judgment of the district court. View "Vargas-Colon v. Fundacion Damas, Inc." on Justia Law

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Plaintiffs, Pamela and Nick McCarty, filed suit against Hillstone, alleging a premises liability claim after Pamela slipped and fell at one of defendant's restaurants. The Fifth Circuit affirmed the district court's grant of summary judgment dismissal and held that plaintiffs failed to identify evidence from which a jury could, under any of the three methods of proof outlined in Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 12, 814–15 (Tex. 2002), conclude that Hillstone had actual or constructive knowledge of the restaurant floor's allegedly dangerous condition. View "McCarty v. Hillstone Restaurant Group, Inc." on Justia Law

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In a products liability case, plaintiffs Kawika and Sandra Demara appealed the grant of summary judgment granted in favor of defendants The Raymond Corporation (Raymond) and Raymond Handling Solutions, Inc. (RHSI). As pertinent to the appeal, Plaintiffs asserted claims for strict liability and negligence based on injuries Kawika suffered allegedly as a result of design defects in a forklift designed by Raymond and sold by RHSI. In granting summary judgment, the trial court ruled, in part: (1) Plaintiffs did not establish a triable issue of material fact as to causation; (2) the consumer expectation test did not apply as a matter of law; and (3) for purposes of applying the risk-benefit test, even if Plaintiffs had shown a triable issue of material fact as to causation, Defendants established the requisite elements for the application of the risk-benefit test, and Plaintiffs did not establish a triable issue of material fact as to whether the benefits of the design outweighed the risks of the design. The Court of Appeal concluded that the trial court erred in these rulings: (1) because Plaintiffs' showing as to causation was more than negligible or theoretical, it was sufficient to defeat summary judgment; (2) Defendants did not meet their burden of establishing as a matter of law that the consumer expectation test does not apply to Plaintiffs' claims; and (3) in applying the risk-benefit test, Defendants failed to present sufficient evidence to shift the burden to Plaintiffs to show a triable issue of material fact. Accordingly, the Court reversed the judgment and remanded with instructions to deny Defendants' motion. View "Demara v. The Raymond Corp." on Justia Law

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Plaintiff Kathleen Swigart and defendant Carl Bruno participated in an organized endurance horseback riding event with approximately 47 other riders. Swigart was in the lead and had dismounted at a required checkpoint along the course. There was no dispute that Bruno's horse struck Swigart while she was standing on the ground, injuring her. Swigart sued Bruno, alleging causes of action for negligence, reckless or intentional misconduct, and having an animal with a dangerous propensity. The trial court granted Bruno's motion for summary judgment. The Court of Appeals concluded the doctrine of primary assumption of risk barred Swigart's cause of action for negligence, and that Swigart did not meet her burden of establishing a genuine issue of material fact as to Bruno's alleged recklessness or Bruno's horse's alleged propensity for danger. Accordingly, the Court affirmed the judgment. View "Swigart v. Bruno" on Justia Law

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Plaintiffs are current and former federal law enforcement employees and their spouses who were deceived into investing in a Ponzi scheme presenting as the Federal Employee Benefits Group (FEBG). Plaintiffs filed suit against the Government under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), for negligent conduct and aiding and abetting the scheme. The Eleventh Circuit affirmed the district court's grant of the Government's motion to dismiss based on lack of subject matter jurisdiction and held that the misrepresentation exception applied to bar plaintiffs' claim. In this case, plaintiffs' claims arose out of Kenneth Wayne McLeod's misrepresentations about his bond fund. McLeod founded and ran the FEBG Bond Fund. View "Alvarez v. United States" on Justia Law

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The Fifth Circuit affirmed the district court's grant of summary judgment to Wal-Mart on plaintiffs' negligence claims under Louisiana's merchant liability statute. Plaintiff Duncan slipped on a mat in front of a Reddy Ice freezer and fell forward onto the ground. The next day she had a still birth. Duncan and the child's father filed suit for wrongful death of their unborn child. The court held that plaintiffs failed to present any "positive evidence" that Wal-Mart created or had actual or constructive notice of the condition which caused the damage, as La. Stat. 9:2800.6(B)(2) requires, and therefore they cannot maintain their merchant liability claim. View "Duncan v. Wal-Mart Louisiana, LLC" on Justia Law

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Plaintiffs Lenny and Tracy Chapman filed suit against Hiland after an explosion seriously injured Lenny, alleging negligence and loss of consortium. Hiland then filed a third-party complaint against Missouri Basin and B&B, seeking indemnification. In this appeal, Missouri Basin challenged the district court's grant of summary judgment to plaintiffs and the district court's ruling on post-judgment motions. The Eighth Circuit held that honoring the Oklahoma choice-of-law provision in the Hiland Master Service Contract did not violate a fundamental public policy of North Dakota because it was not a motor carrier transportation contract under North Dakota law. The court also held that the district court did not abuse its discretion by granting plaintiffs' Fed. R. Civ. P. 59(e) motion where the district court clarified that by using the language "all amounts that have been paid or will be paid," Missouri Basin intended that it indemnify plaintiffs for the full amount of the settlement, including those amounts paid by Hiland's insurers. Furthermore, the district court did not abuse its discretion by denying Missouri Basin's Rule 59(e) motion. View "Chapman v. Missouri Basin Well Service" on Justia Law

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Although a trial court should be circumspect when modifying a jury verdict, the court nonetheless may do so if it states the Ariz. R. Civ. P. 59(a) or (i) grounds for the order and explains its ruling with sufficient particularity to avoid speculation as to its order of a conditional new trial or additur or remittitur. After a jury trial in this personal injury case, Michael Soto was awarded $700,000. Defendants moved for a new trial, or to alter or amend the judgment, and for remittitur under Rule 59, requesting that Michael’s award be reduced. The trial court granted a remittitur pursuant to Rule 59(i) and reduced Michael’s award to $250,000. The Supreme Court affirmed the trial court’s order conditionally granting a new trial and remanded the case for further proceedings, holding that Defendants carried their burden of establishing that the trial court’s remittitur and new trial order was supported by substantial evidence and was not an abuse of discretion. View "Soto v. Sacco" on Justia Law

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Alan Miller, acting “individually and in the right of” and for the benefit of SAM Miller, Inc. (SMI), filed a second amended complaint against Miller’s Lobster Company, Inc. (MLC), Steve Miller, and Mark Miller (collectively, the Millers) seeking injunctive relief and damages arising out of the lease of wharf property by SMI to MLC. The court granted the Millers’ and SMI’s motions for summary judgment, concluding that Alan Miller’s claims were barred on limitations grounds. The Supreme Judicial Court affirmed, holding that Alan’s action was barred by the applicable statute of limitations and that Alan did not meet his burden to demonstrate a genuine issue of material fact as to whether the limitations period was nevertheless tolled or otherwise inapplicable. View "Miller v. Miller" on Justia Law

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Dawn Haskell and Martin Witham (together, Plaintiffs) filed a complaint against Grover Bragg and Donald York (together, Defendants), asserting a claim for negligence against Defendants. Bragg did not timely file an answer after being served and did not otherwise appear in or defend in the matter. The clerk entered a default against Bragg. The court awarded compensatory damages based on the allegations in the complaint. The Supreme Judicial Court affirmed, holding that although the trial court erred when it considered evidence of comparative negligence, the error was harmless because the court found that Plaintiffs were not negligent. View "Haskell v. Bragg" on Justia Law