145 results for 'judge:"Miller"'.
J. Miller-Lerman finds the county court improperly divided the marital estate in this divorce decree. Though the court made an equitable division of stock sold without the ex-wife's consent, which she benefitted from according to the parties' premarital agreement, other stocks the ex-husband was gifted by his father and comingled with the other stocks was improperly found to be the husband's personal property. The court failed to include the $1.3 million appreciation in the value of the membership interest as property in the marital estate. Reversed in part.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: May 24, 2024, Case #: S-23-132, Categories: Family Law, Property, Securities
J. Miller finds that a civilian may pursue negligence claims against the government concerning injuries he suffered while riding his dirt bike. The civilian sufficiently alleges that a U.S. Border Patrol agent rammed into him on a private dirt road with no traffic lanes, which the civilian had permission to use by the owners of a local ranch, while not riding for "sport," but for means of transportation. However, the civilian cannot pursue non-economic damages because the bike he was riding was uninsured at the time of the collision.
Court: USDC Southern District of California, Judge: Miller, Filed On: May 24, 2024, Case #: 3:23cv449, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Damages, Negligence
J. Miller finds that the appeals court must withdraw its previous decision in a lawsuit seeking damages from the utility for outages stemming from Hurricane Irma and replace it with this opinion. Due to a change in state law while the utility's motion for a rehearing was pending, the public service commission has jurisdiction to resolve initial liability issues relating to a utility's disaster preparedness and response, not the courts. The order under review is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 22, 2024, Case #: 22-0181, Categories: Administrative Law, Energy, Damages
[Consolidated.] J. Miller finds that the trial court properly held that a manufacturer of asbestos-cement pipe was liable for the secondary exposure to asbestos by a person who did not live with the person who worked with the pipe. Strict liability may apply where a non-household member develops cancer from a secondary exposure to asbestos since the pipe was used in a foreseeable way and lacked adequate warnings about its potential risks. Substantial evidence supported the jury's finding that the exposure was from asbestos-cement pipe made by the manufacturer. Also, the trial court properly excluded some of the manufacturer's exhibits since the manufacturer failed to show they were admissible under the business records exception the hearsay rule. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 22, 2024, Case #: A162561, Categories: Evidence, Asbestos
J. Miller finds the lower court improperly appointed the mother as the guardian of the parties' adult disabled child, with the father as standby guardian. As in a child custody proceeding, the appeals court may remit a guardianship contest if subsequent developments reflect the record is insufficient to determine the issues presented. Since the lower court's ruling, the child went to live with the father at the mother's request due to the increased severity of his aggressive outbursts, so the father has been acting as his guardian for 19 months. This change in circumstances warrants a new hearing. Vacated.
Court: New York Appellate Divisions, Judge: Miller, Filed On: May 22, 2024, Case #: 02813, Categories: Guardianship
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J. Miller finds the trial court partially erred in its rulings on claims facing the university in a prolonged dispute over agreements between the university, the Florida transportation department and the traffic signal company to test a patented traffic control device. The trial court properly dismissed the breach of contract claim against the university but improperly allowed a negligence claim against it to continue, in part due to the company's status as a third-party to the agreement between the university and the department, but also because the company only alleged generalized economic damages. The trial court's decision on the breach of contract claim is affirmed and its ruling on the negligence claim is reversed. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 22, 2024, Case #: 22-2123, Categories: Negligence, Contract
J. Miller vacates a district court order denying students’ motion for a preliminary injunction regarding the State of Washington’s obligation under the Individuals with Disabilities Education Act (IDEA) to provide special education to disabled 21-year-olds. IDEA permits a state to discontinue special education services as early as age 18 if providing special education to students up to age 22. The court has jurisdiction, and the appeal is not moot, because one of the named plaintiffs has yet to turn 22, and the school superintendent did not show that he had become ineligible for special education.
Court: 9th Circuit, Judge: Miller, Filed On: May 22, 2024, Case #: 23-35580, Categories: Education
J. Miller finds that the trial court properly denied defendant's motion to dismiss the battery and cruelty to children charges against him based on the alleged violation of defendant's speedy trial right. Defendant allegedly punched the victim in the face and bit off his ear. Although there has been a delay of over five years since defendant's arrest, the trial court correctly found that his right to a speedy trial was not violated since he did not invoke his right until years after his indictment and there is no evidence the state intentionally delayed prosecution. Much of the delay was due to the judicial emergency caused by the Covid-19 pandemic. Defendant contributed to the delay by waiving his right to a jury trial but later changing his mind. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 15, 2024, Case #: A24A0068, Categories: Battery, Speedy Trial
J. Miller finds the trial court improperly ordered an appraisal in the insurance company and insured's dispute over coverage of damages the insured's property sustained from Hurricane Irma. The trial court was required to conduct an evidentiary hearing to determine if the insured complied with all of its post-loss obligations under the policy, such as maintaining expense records and allowing an inspection of the property, so its order for appraisal was premature. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 15, 2024, Case #: 23-1672, Categories: Insurance, Contract
J. Miller finds that the trial court properly awarded the father custody of the child since there was a material change in circumstances affecting the child's welfare after a prior custody award. The trial court correctly considered circumstances that occurred after the father filed his custody modification claim. However, the trial court incorrectly determined the father's monthly gross income in requiring the mother to pay child support. The trial court did not consider the father's personal savings which had been used to support the family. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 10, 2024, Case #: A24A0236, Categories: Family Law
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: Evidence, Vehicle
J. Miller-Lerman finds the county court properly granted summary judgment against the daughter and heir. The heir from the late-mother’s trust provision bequeathing $5 million to each of her children says she has not received the full amount. Gifts the daughter had received during her mother's lifetime were not intended to be separate from the "countable assets" bequests made in the trust instruments, and they reduce the amount received under the provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: May 3, 2024, Case #: S-23-354, Categories: Trusts, Wills / Probate
J. Miller finds that the trial court properly concluded that a doctor did not have a right to a hearing before his application for privileges at two hospitals was denied. The doctor had a history of unprofessional behavior at other hospitals and was the subject of a disciplinary order and public reprimand by the state medical board. The hospitals' agreement with the doctor's medical group, which established the eligibility requirements, disallowed staff privileges for doctors with such histories, and the hospitals have quasi-legislative authority to establish the requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: April 25, 2024, Case #: A166748, Categories: Employment, Due Process, Contract
J. Miller finds the trial court properly granted the maternal grandmother's motion for permanent custody and determined the father had abandoned the child. Not only had he failed to visit the child while the mother was still alive, the mother had been granted a protection order against the father, while the grandmother also agreed to allow limited visitation, which prevented a full termination of his rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1535, Categories: Evidence, Family Law
J. Miller finds the trial court properly ordered the marital home be sold as part of the couple's divorce. The wife failed to produce evidence she was able to refinance the property to remain there with the children, while there is also no requirement for a court to allow a party to keep the marital home. Meanwhile, although the husband used retirement funds prior to the parties' divorce, he did so to support himself, not as a way to intentionally harm the wife; therefore, the court properly denied the wife's motion to find he committed financial misconduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 22, 2024, Case #: 2024-Ohio-1533, Categories: Evidence, Family Law
J. Miller-Lerman finds the workers compensation court improperly dismissed a nurse liaison's petition. The liaison, while working for the hospital, contracted Covid-19 and sought benefits for “occupational disease” arising in the course of employment. However, a genuine issue of fact remains. The court erroneously reasoned that, given the prevalence of Covid-19 at the time, the infection contracted at hospital facilities was a non-compensable "ordinary disease of life." Reversed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: April 19, 2024, Case #: S-23-022, Categories: Health Care, Covid-19, Workers' Compensation
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: Fraud, Insurance, Jurisdiction
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: Insurance, Attorney Fees, Contract
J. Miller finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission to his wife that he had sex with one victim. The trial court correctly denied defendant's motion for a new trial. Defendant failed to vigorously assert his right to appeal and cannot show that he was prejudiced by the 20-year delay between his convictions and the resolution of his motion for a new trial. Three pro se filings made by defendant between 2005 and 2009 did not specifically claim that his due process rights were violated by the delay. Defendant did not first assert a due process violation until 2022. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: A24A0344, Categories: Sex Offender, Due Process, Child Victims
J. Miller finds defendant's attorney did not provide ineffective assistance of counsel when she suggested he take a plea deal. Although she told him the county of the trial court was predominantly white and that a jury could include biased members, such communications did not represent coercion or prevent defendant from making an informed decision about how to proceed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: 2024-Ohio-1334, Categories: Ineffective Assistance, Assault, Plea
J. Miller finds the trial court erred by not granting Facebook's motion to dismiss a lawsuit from an ammunition manufacturer over damages it sustained when an impostor created a clone of the manufacturer's Facebook account and used it to conduct business as the manufacturer. The allegations in the lawsuit are not enough to establish specific jurisdiction in a Florida court over Facebook, whose parent company is a Delaware corporation headquartered in California, in part because there is no tort claim alleged against Facebook. The trial court's order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0948, Categories: Tort, Jurisdiction
J. Miller finds the trial court improperly granted summary judgment to the president of the laborer's corporate employer in the laborer's lawsuit claiming the president is responsible for failing to provide proper safety equipment to the laborer, causing him to fall while securing a tarp to a second-story roof. In part because there is evidence in the record showing the president personally gave the order to apply the tarp to the roof the laborer was working on, the laborer has at least sufficiently pleaded his claim such that summary judgment should not have been granted. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0175, Categories: Construction, Negligence
J. Miller finds that the trial court properly concluded the son lacked standing to challenge the benefits of homestead granted to the daughter in a probate dispute over the deceased father's estate, in part because the son was not a beneficiary under the disputed will. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 27, 2024, Case #: 23-0975, Categories: Wills / Probate
J. Miller finds that because the right to confrontation does not apply to a juvenile defendant's amenability hearing, the juvenile court properly admitted statements made by defendant's co-delinquents without any cross-examination during its determination of whether to transfer the case to adult court. Meanwhile, the juvenile court's thorough analysis of all nine amenability factors, seven of which favored a transfer to adult court, satisfied due process and allowed it to transfer the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 25, 2024, Case #: 2024-Ohio-1108, Categories: Confrontation, Juvenile Law, Due Process
J. Miller finds the trial court did not err in its decision authorizing the disbursement of proceeds from the partition and sale of two condo units the ex-boyfriend and ex-girlfriend shared during their relationship. The trial court was not mandated by statutes to handle the sale proceeds in any other way than the way it handled them, that is by placing certain fees due to the ex-girlfriend in trust and dispersing the ex-boyfriend his remaining share. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 20, 2024, Case #: 23-1095, Categories: Property, Contract
J. Miller finds that the district court properly entered summary judgment for the Orange County Transportation Authority (OCTA) in an action brought by two investor-owned utilities who allege that they are entitled to compensation for having to relocate their equipment from public streets to allow for the construction of a streetcar line. The utilities companies were not entitled to compensation under the takings clause because they did not have a property interest under California law in maintaining their facilities at their specific locations in the face of OCTA’s efforts to construct a streetcar line. Affirmed.
Court: 9th Circuit, Judge: Miller , Filed On: March 13, 2024, Case #: 22-55498, Categories: Municipal Law, Property
J. Miller finds the trial court properly ordered defendant to be civilly committed as a sexually violent predator, as none of the cases defendant cites trumps the fact that he was found to have violated multiple aspects of his plea agreement that conditionally suspended civil commitment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 13, 2024, Case #: 22-2047, Categories: Sex Offender, Commitment