111 results for 'judge:"Egan"'.
J. Egan finds that the lower court properly dismissed a petition challenging the finding that a nursing home owed $4.5 million in Medicaid overpayments because the former operator of the home brought the action, and lack of standing to challenge the overpayment demand had already been decided in an administrative hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: 536191, Categories: Civil Procedure, Medicaid
J. Egan finds that the lower court properly allowed a borrower to file a late answer to mortgage foreclosure claims because the borrower had been involved in unsuccessful pro se negotiations with the lender, which could not argue prejudice. The original 2011 foreclosure action had been dismissed in 2015 for neglect to prosecute, and no grace period applied the 2020 filing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 29, 2024, Case #: 534805, Categories: Civil Procedure, Banking / Lending, Foreclosure
J. Egan finds the trial court erred in ruling that an insurance company is entitled to contribution from defense costs incurred in defending its insureds against claims arising in the context of the Portland Harbor Superfund Site cleanup. “Each of the Insureds’ contract claims against their various liability insurers was an ‘environmental claim,’ whether resolved without dispute, disputed but settled, or litigated to judgment.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A176763, Categories: Insurance
J. Egan finds the trial court properly denied the former committee administrator for the Oregon Senate’s Business Housing and Finance Committee's motion to set aside a judgment and reinstate his defamation claims, which he brought against various oil companies and voluntarily dismissed in 1988. The trial court did not err when it denied the former committee administrator's motion to vacate and set aside the 1988 judgment. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A178691, Categories: Civil Procedure, Defamation
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J. Egan finds trial court erred in determining that based on its umbrella policies, one insurer is subject to another insurer's claim for contribution to defense costs. “The defense endorsement must be considered in the context of the Assistance and Cooperation provision of the main policy.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A176743, Categories: Insurance
J. Egan finds that the workers' compensation board properly held that a mechanic misrepresented the extent of his injuries during a physical exam and barred him from receiving future indemnity benefits. Video surveillance raised questions about alleged range-of-motion limitations, and the mechanic failed to disclose ongoing work he performed in retirement as a floor stripper/installer while also collecting benefits for repetitive stress injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 22, 2024, Case #: CV-22-1903, Categories: Workers' Compensation
J. Egan finds that the lower court properly classified defendant as a risk level three sex offender. Defendant, who served time for sex crimes committed in two counties, contends the assessment was duplicative to an assessment conducted in another county, but the crimes in each county were different. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 22, 2024, Case #: CV-23-0273, Categories: Sentencing, Sex Offender
J. Egan finds that the lower court properly dismissed defendant's request to review a decision denying parole since the parole board weighed the required factors, including the violent nature of his armed standoff with police, which led to conviction for weapon possession and attempted murder. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 8, 2024, Case #: CV-22-1888, Categories: Parole
J. Egan finds the trial court plainly erred by instructing the jury on the statutory definition of inchoate “attempt” for informing the elements of fleeing or attempting to elude a police office. The law requires that a person “knowingly attempt to escape the notice or perception of a police officer.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 7, 2024, Case #: A178387, Categories: Jury Instructions
J. Egan finds the trial court erred in modifying the parenting time provisions of the dissolution judgment’s parenting plan. There was no evidence “that the parents were unwilling to accommodate that distance or that the additional travel time would be detrimental to the child.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 7, 2024, Case #: A177805, Categories: Family Law
[Consolidated.] J. Egan finds that the lower court properly convicted defendant of tampering with evidence, conspiracy, and attempted drug and weapon possession because telephone records and video footage captured defendants trying to remove guns and cocaine from the trunk of a car that police had secured in a hospital parking lot while sorting out its use in transporting a gunshot victim for emergency care. Meanwhile, defendant's request to vacate the conviction for actual innocence, since defendant had been in the wrong place at the wrong time, was "simply unbelievable" in light of the evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 25, 2024, Case #: 112519, Categories: Evidence, Weapons, Conspiracy
J. Egan finds the juvenile court judgment properly denied a mother’s motion to set aside the relinquishment of her parental rights. The court “made a factual finding that mother did not unequivocally communicate that she wished to revoke her relinquishment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A181543, Categories: Family Law
J. Egan finds the trial court properly declined to strike or instruct the jury to disregard vouching evidence admitted during the investigating officer’s testimony. “There was no indication that the state offered the detective’s statements and the video for their truth.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A177905, Categories: Drug Offender, Evidence
J. Egan finds that the lower court properly classified defendant as a risk Level 3 sex offender with a sexually violent designation. The higher assignment was warranted because the "depraved nature" of his rape of a 59-year-old woman in her home was not accurately reflected in the classification guidelines, and his concurrent crimes of burglary and robbery during the incident were not addressed in his negotiated plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 18, 2024, Case #: 535479, Categories: Sex Offender, Plea
J. Egan finds that the lower court properly declined to entirely dismiss medical malpractice claims concerning treatment of a fractured wrist. Expert opinion indicated the treating physicians failed to recognize from x-rays that the fracture was healing out of alignment and failed to recommend she take a large dose of Vitamin C daily following surgery to avoid complex regional pain syndrome. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 535997, Categories: Experts, Medical Malpractice
J. Egan finds that the lower court properly dismissed the city's attempt to penalize a lender for failing to maintain a vacant residential "zombie" property awaiting foreclosure. Squatters continued to access the home, from which an "incredible stench" emanated, but the lender offered evidence of expenditures that had been made to secure the site, which met the requirements of real property law. Since a foreclosure sale occurred during pendency, the lender no longer remained obligated to maintain the property. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 536057, Categories: Civil Procedure, Property, Foreclosure
J. Egan finds the trial court erred in failing to merge guilty verdicts for strangulation constituting domestic violence and fourth-degree assault constituting domestic violence. “When the element of ‘constituting domestic violence’… is established with respect to an offense, and the jury is instructed on the definition of ‘abuse’ based on domestic violence, the charged offense subsumes all of the elements of the separately charged misdemeanor assault offense.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A178460, Categories: Assault, Domestic Violence
J. Egan finds the trial court properly determined the evidence was sufficient to support the finding that defendant acted with criminal negligence that resulted in the death of three people. “Evidence that defendant had used his cell phone a minute-and-a-half before the crash to send photos and use an app was relevant to whether defendant was paying attention while he drove on the highway.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A177428, Categories: Evidence, Negligent Homicide, Vehicular Homicide
[Consolidated.] J. Egan finds that the lower court improperly dismissed defendant's request to vacate her drug possession conviction for participating in the production of methamphetamine because defendant disclosed text messages demonstrating that assigned counsel pursued a potential sexual relationship with her, which may have influenced defense strategy.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 28, 2023, Case #: 112038, Categories: Drug Offender, Ineffective Assistance
J. Egan finds that the lower court properly held that a father neglected two children stemming from a domestic dispute with their mother because he put their three-week-old child at risk by taking the child into the cold night following an evening of drinking and fighting, and the older child was derivatively neglected. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 21, 2023, Case #: 535237, Categories: Family Law
[Consolidated.] J. Egan finds that the lower court properly terminated a mother's parental rights following a finding of permanent neglect tied to ongoing substance abuse. Her son was put in the care of a maternal great uncle and aunt soon after birth, and the mother, through interactions with caseworkers and other service providers, demonstrated that she had not corrected the behavior leading to removal. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 21, 2023, Case #: 533881, Categories: Family Law
J. Egan finds the trial court properly committed appellant and issued an order prohibiting her from possessing firearms on the basis that she has a mental disorder that makes her a danger to herself and unable to provide for her basic needs. “Due to appellant’s lack of insight, if released, appellant would continue to engage in the same behavior that had led to her recent rape and assault, therefore making it highly probable that she would suffer physical harm in the near term.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: December 20, 2023, Case #: A179799, Categories: Commitment
J. Egan finds that the workers' compensation board properly directed that a phlebotomist be characterized as having a mild degree of job-related, repetitive-stress disability for the purpose of awarding benefits. Medical testimony did not support her claim for consequential carpal tunnel syndrome but established right-wrist tendonitis. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 535283, Categories: Workers' Compensation
J. Egan finds that the unemployment insurance appeal board properly held that five civil service employees who worked as instructors or supervisors at state prisons did not qualify for benefits during the first pandemic summer in 2020 because their summer work was an optional addition to the academic year, for which they were paid at an annual salary, and thus they were not totally unemployed. Since they were ineligible for benefits under state law, they did not qualify for various federal pandemic unemployment benefits, which had to be repaid. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: CV-22-2052, Categories: Employment, Insurance
J. Egan finds that the lower court improperly convicted defendant based on his guilty plea to failing to register as a sex offender. Defendant agreed to waive indictment and be prosecuted by a superior court information, but that document was not signed in open court and thus represented a jurisdictional defect surviving his guilty plea. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 112891, Categories: Criminal Procedure, Sex Offender
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to attempted promoting prison contraband. Defendant challenges the decision to run the sentence consecutively to time he was already serving, but he received the minimum permissible sentence for a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 7, 2023, Case #: 112681, Categories: Sentencing
J. Egan finds that the lower court properly voided a local law setting new district boundaries for the Broome County Legislature following the 2020 U.S. Census because dividing the town of Maine among three districts violated a provision of the municipal home rule and could constitute an attempt at gerrymandering. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 30, 2023, Case #: CV-22-2382, Categories: Elections, Municipal Law
J. Egan finds the trial court properly committed an individual as a “person with mental illness.” It was highly probable that the individual presented a danger to herself and was unable to meet her basic needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A179244, Categories: Commitment