49 results for 'judge:"Mitchell"'.
Vice Chancellor Will grants declaratory relief to the buyer of a food company concerning a dispute over an accountant's review of a post-closing tax dispute because the sale contract stipulates that the accountant's review should resolve only the seller's initial protest notice, not notice of subsequent protest.
Court: Delaware Chancery Court, Judge: Mitchell, Filed On: December 11, 2023, Case #: 2023-0614-LWW, Categories: Civil Procedure, Tax, Contract
J. Mitchell finds the trial court properly ruled that a man should not receive additional profits after being sued to give back the land he bought from a tax sale to the original owners, as he already received compensation and could not show evidence that he was entitled to "mesne profits." Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: December 8, 2023, Case #: SC-2023-0495, Categories: Property, Tax, Contract
J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: Bail
J. Mitchell finds that the lower court abused its discretion in ordering the sale of the marital residence during the pendency of this divorce action. The sale of a marital asset prior to final dissolution is appropriate only in extraordinary circumstances, and was unnecessary in the circumstances of this case. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: November 22, 2023, Case #: 221763, Categories: Family Law
J. Mitchell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. It is unlikely the jury's guilty verdict would have changed had counsel objected to the state's propensity witness testimony. Further, defendant was not prejudiced by alleged hearsay testimony about defendant sexually abusing others because many of the witnesses were available at trial for cross-examination. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: November 7, 2023, Case #: WD85449, Categories: Sex Offender, Witnesses, Child Victims
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J. Mitchell finds that the lower court properly dismissed a speech-language pathologist's civil rights suit against her former employer. The employee did not actually suffer any adverse employment action after a disciplinary meeting to address her attendance abuse and insubordination. Further, the employee was always provided a private room to pump breastmilk as required by the Nursing Mothers in the Workplace Act. This private space is not required to be in close proximity to the employee's workspace. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: October 27, 2023, Case #: 221092, Categories: Employment, Employment Retaliation
J. Mitchell finds that the lower court properly dismissed a wife's complaint against her now ex-husband's law firm alleging the firm aided and abetted a fraudulent transfer of $13.6 million. The wife's claims are time-barred by the two-year statute of limitations, and her divorce judgment contains a covenant not to sue. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: September 29, 2023, Case #: 220723, Categories: Family Law
J. Mitchell finds the lower court did not have the subject matter jurisdiction to issue a transportation company’s motion for a preliminary injunction against the state transportation agency to stop them from building a bridge, where the business alleges it was done in “bad-faith” to deter drivers away from their bridge avoid paying a toll. Reversed and remanded.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2023-0354, Categories: Transportation, Agency, Contract
J. Mitchell finds that the lower court properly ruled when denying an property owner’s motion to vacate a decision that would result in her losing possession of land she had purchased from a company, who originally bought the land from a tax sale, as the county had failed to give proper notice of the tax sale to the original land owner. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2022-1034, Categories: Property, Tax, Contract
[Consolidated.] J. Mitchell finds that the lower court properly declined to terminate the mother's parental rights to her three children. There is evidence the mother has taken steps to separate herself and the children from the abusive father and to otherwise address her parenting deficiencies. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: August 15, 2023, Case #: WD85850, Categories: Family Law
J. Mitchell reverses a circuit court ruling in favor of the Illinois Gaming Board. The lower court erred in dismissing the casino’s complaint that alleged violations of state gambling laws denied owners of the gaming hall the right to compete in a lawful certification process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: July 28, 2023, Case #: 22-0883, Categories: Government, Licensing, Injunction
J. Mitchell finds that the lower court properly awarded the patient $6.5 million in a medical negligence case stemming from its failure to diagnose her breast cancer. The trial court did not err in precluding defense counsel from using the word "unrebutted" in arguments to the jury regarding certain evidence, and did not incorrectly instruct the jury on the negligence claim. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: June 9, 2023, Case #: 220788, Categories: Jury, Medical Malpractice
J. Mitchell finds that the lower court properly found for the city on a man's appeal of his conviction for maintaining a nuisance by operating a salvage and demolition business in violation of a city ordinance. However, the court erred by awarding $8,000 in attorney's fees to the city because the law does not allow recovery of attorneys fees in this kind of action. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 16, 2023, Case #: WD85487, Categories: Administrative Law, Attorney Fees