147 results for 'judge:"Wilson"'.
J. Wilson finds that the trial court improperly granted an association's motion to dismiss the builder's declaratory judgment suit in a dispute over enforcement of a deed restriction. The ruling erroneously determined that the suit has no basis in law and in fact. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 23, 2024, Case #: 14-22-00854-CV, Categories: Civil Procedure, Property
J. Langhorne Wilson finds that the trial court properly rejected employment retaliation claims made by a veterans home administrator who was fired after he reported safety and health issues at the home. The employee failed to show that retaliation was a substantial motivating and causal factor in his firing, and the employer met its burden of showing that it would have made the same decision to fire him for legitimate, independent reasons related to his poor managment of the home. Affirmed.
Court: California Courts Of Appeal, Judge: Langhorne Wilson, Filed On: May 22, 2024, Case #: A163571, Categories: Employment
J. Wilson finds that the appellate division properly upheld state insurance regulations requiring that religious employers cover "medically necessary" abortions if they provide health insurance for hospital, surgical, or medical expenses. Intervening U.S. precedent, which led to remand, did not affect state precedent finding that the neutral and generally applicable requirements do not violate religious rights. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 21, 2024, Case #: 45, Categories: Civil Rights, Health Care, Insurance
J. Wilson finds the lower court's division of the marital assets was based on a proper analysis of all required factors, including the couple's earning capacity, lifestyle and the reasons for their divorce. Therefore, the court properly allocated the possessions in a cabin to the husband, especially considering the wife provided no estimate of the property's value that would have resulted in an unfair distribution of assets. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 21, 2024, Case #: 2022-CA-1175, Categories: Evidence, Family Law
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J. Wilson finds that the trial court correctly found in favor of the children, who claim that their father's wife breached her fiduciary duties by unfairly changing his will to make her sole income and principal beneficiary of all assets belonging to the trust. The children presented medical evidence that their father's dementia left him vulnerable to undue influence, all witnesses confirmed that the father had a history of providing for his children, the original trust document left his children and grandchildren assets but the amended document left it all to his wife, and the testimony of the wife and her daughter contradicting the other evidence lacked credibility. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: May 15, 2024, Case #: CA-23-773, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: Civil Procedure, Family Law, Property
J. Wilson dismisses the appeal for lack of jurisdiction. The contractor failed to deliver three glacial pool coolers for use at the Naval Diving and Salvage Training Center in Panama City, FL and the Navy terminated the contract. The record shows that the Navy notified the contractor of the termination. The contractor admits it received notice of the termination, though it did not file its appeal with the board until 12 days after the 90-day window.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: May 13, 2024, Case #: 63743, Categories: Jurisdiction, Military, Contract
J. Wilson finds that the district court properly granted a permanent injunction in the transgender employee's favor in a civil rights action against the county and sheriff arising after her request for insurance coverage for gender-affirming care in the form of a vaginoplasty was denied. The district court correctly found in favor of the employee on her Title VII claim and enjoined the sheriff and county from enforcing the policy's exclusion of drugs for a "sex change surgery" or services and supplies for a "sex change." The exclusion is a "blanket denial" of coverage which discriminated against the employee and other transgender people by denying healthcare coverage on the basis of transgender status. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: May 13, 2024, Case #: 22-13626, Categories: Civil Rights, Lgbtq
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: Jurisdiction, Contract
J. Wilson finds that the probate court properly ruled against the attorney when it approved the account for final settlement and removed the case from the docket. The attorney's constitutional complaints were inadequately briefed, and his argument about the lack of timely notice for the hearing is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00146-CV, Categories: Civil Procedure, Wills / Probate
J. Wilson finds the trial court erroneously admitted the entirety of defendant's initial interview with police into the record. The officer who interviewed him never stopped asking questions about the hit-and-run accident after defendant requested an attorney and the two took a short break. However, there was overwhelming evidence to prove defendant struck a child and left the scene of the accident, including identifications by the victim's mother and a neighbor, as well a defendant's admission he knew he struck a child, not a dog; therefore, the error was harmless. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 7, 2024, Case #: 2022-KA-1235, Categories: Evidence, Vehicular Homicide
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: Criminal Procedure, Manslaughter, Vehicle
J. Wilson sets aside the results of the 2022 general election approving Amendment No. 4, which created a constitutional amendment exempting legislation related to police funding from the prohibition against unfunded mandates. Amendment 4's ballot title was inaccurate and misleading because it omitted mention of the fiscal impact the amendment would have on the city, which already provided the higher level of funding voluntarily. This failure to accurately advise voters of the impact of the proposal is an irregularity sufficient to cast doubt on the election. A special election for this question shall be conducted as part of the 2024 general election.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: April 30, 2024, Case #: SC99931, Categories: Constitution, Elections
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, Jurisdiction
J. Wilson finds that the appellate division improperly dismissed a developer's claims seeking damages for breach of a redevelopment contract based on repudiation. The agreement to turn a single-room-occupancy hotel into a mixed-use residential/commercial building required that the site include some low-income housing, which was complicated by a subsequent court settlement mandating the addition of rent-stabilized units. Written notification stating the property owner could not agree to the latter as altering the parties' original contract supported allegations of anticipatory repudiation. Reversed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 30, Categories: Damages, Contract
J. Wilson finds that defendant was properly convicted and sentenced to life without parole for the murder of a 17-year-old in a drive-by shooting after the teenager allegedly shorted a purchase of Xanax by a group of defendant's friends. Defendant asserts that the state did not prove his guilt beyond a reasonable doubt regarding his specific intent, but the state presented witnesses that placed defendant and his friends in the drive-by shooting, and his testimony shows he felt provoked to kill or help to kill the teenager in retaliation for the failed drug buy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: April 24, 2024, Case #: KA-23-414, Categories: Evidence, Intent, Murder
J. Wilson finds that a mistrial should have been declared in defendant's trial for drug possession after a juror expressed fears that her car had been followed by defendant early on in the proceedings because the juror was "grossly unqualified" by bias and should have been dismissed. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 23, 2024, Case #: 41, Categories: Jury
J. Langhorne Wilson finds that the trial court properly rejected an ambulance employee's argument against the retroactive application of a statute requiring emergency ambulance workers to remain on call during rest breaks. The retroactivity of the Emergency Ambulance Employee Safety and Preparedness Act was confirmed by the state supreme court and the constitutionality of retroactive application was confirmed by an appeals court. Also, the trial court was within its discretion to impose a $2,000 sanction against the employee's lawyer, whose argument lacked legal merit. Affirmed.
Court: California Courts Of Appeal, Judge: Langhorne Wilson, Filed On: April 4, 2024, Case #: A167098, Categories: Sanctions, Labor
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: Government, Jurisdiction, Contract
[Modified.] J. Wilson modifies three paragraphs and denies a rehearing with no change in judgment. The trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: April 2, 2024, Case #: H050042, Categories: Fraud, Unfair Competition, Technology
J. Wilson finds that the trial court properly transferred the individual from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice's Institutional Division to complete his sentence for felony aggravated robbery. There was no abuse of discretion in the ruling based on the seriousness of the offense and "appellant's prior adjudicated juvenile criminal history." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 28, 2024, Case #: 14-23-00078-CV, Categories: Jurisdiction, Juvenile Law