105 results for 'judge:"Robinson"'.
J. Robinson finds that the district court improperly dismissed recovery claims brought by a trust established to continue environmental remediation at former General Motors plants after the automaker went into bankruptcy in 2009. A consent decree governing contaminant cleanup in a creek near GM's Syracuse plant did not foreclose attempts at recovery from dozens of other companies for possible contributory damage in the wider watershed, as the agreement did not address trust liability there. Meanwhile, the request seeking reassignment to a different judge on remand should be rejected.
Court: 2nd Circuit, Judge: Robinson, Filed On: February 5, 2024, Case #: 22-1589-cv, Categories: Environment, Damages
J. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Robinson finds that the trial court properly granted a bank summary judgment and leave to conduct a foreclosure sale on the homeowner's property based on uncontested evidence that plaintiff was entitled to conduct a foreclosure sale on the property. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: January 30, 2024, Case #: 22-353, Categories: Property
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[Consolidated.] J. Robinson finds that the district court properly held that a truck driver injured in a car collision in New York could not recover underinsured motorist damages when his employer's insurer failed to provide coverage. New York law requires insurers to offer supplemental coverage to in-state insureds, but statute does not support plaintiff's effort to reform the contract to include such. Meanwhile, questions must be certified to the Indiana Supreme Court concerning coverage laws in that state, where the truck was registered. Affirmed in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: January 23, 2024, Case #: 22-863(L), Categories: Insurance, Vehicle, Jurisdiction
J. Robinson finds that while the Danbury town clerk exceeded the scope of her authority when she determined only the second slate of Independent Party candidates for mayor in the November 2023 election should be placed on the ballot, the trial court's ultimate decision to place neither slate of candidates on the ballot was procedurally correct. The party did not functionally endorse a single set of candidates as required by state law. The first slate of candidates should have been approved by the clerk because an ad in the local newspaper satisfied statutory notice requirements, but the submission of a second set of certified candidates by the Independent Party effectively prevented it from endorsing a unified slate and required the trial court to remove both sets from the ballot. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: January 17, 2024, Case #: SC20907, Categories: Civil Procedure, Elections, Government
J. Robinson rules a former employee may pursue ADA retaliation claims against her former employer. The former employee, who has autism, sufficiently showed in court that a county department on aging may have retaliated against her based on her disability and request for accommodations, which her manager may have ignored.
Court: USDC Kansas, Judge: Robinson, Filed On: January 16, 2024, Case #: 2:23cv2319, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Robinson finds that defendant was sentenced to the maximum ten year term on his guilty plea to shooting a man while trying to rob him. In this case, defendant intended to rob his victim and could have killed him. Further, defendant's criminal history includes guilty pleas to illegal possession of stolen firearms, illegal possession of stolen things, simple burglary, possession of marijuana, and possession of a Schedule III drug. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: January 10, 2024, Case #: 55,453-KA, Categories: Sentencing, Plea
J. Robinson finds that defendant was properly convicted of attempted second degree murder and aggravated criminal damage of property. There was testimony regarding defendant and the victim's hostile relationship, including evidence of threatening texts made by defendant before the shooting. Further, witnesses testified that they heard gunshots as defendant drove by the victim's home, and they observed gunshot damage to the home after the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: January 10, 2024, Case #: 55,287-KA, Categories: Evidence, Murder
J. Robinson finds that the trial court properly terminated a mother's and father's parental rights to free their child for adoption. In this case, the child has been in foster care for almost the entirety of her life and has bonded with her foster family who wish to adopt her. The mother and father do not have custody of their other children, do not have stable housing, and engage in drug use. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: January 10, 2024, Case #: 55,528-JAC, Categories: Evidence, Family Law
J. Robinson grants an aircraft manufacturer's motion to dismiss a former employee's Americans with Disabilities Act claims. The employer sufficiently showed in court that the former aircraft spray painter, who suffers from diabetes and cellulitis, may have disclosed false information concerning a slip and fall on the job, in violation of the company's breach of trust rules.
Court: USDC Kansas, Judge: Robinson, Filed On: January 4, 2024, Case #: 6:22cv1145, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Labor / Unions
J. Robinson finds that the trial court properly dismissed some of a landowner's claims against a mineral leaseholder related to significant postproduction of oil and gas well costs charged against a mineral royalty. In this case, one of the well operator's charges for postproductions costs are not permitted deductions because the charges were not incurred from an unaffiliated third party since, at the time, the well operator was a lease holder affiliate. Therefore, there is a genuine issue of material fact concerning the beneficial interest element of the charges. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: December 20, 2023, Case #: 55,301-CA, Categories: Energy, Evidence, Contract
J. Robinson finds that the trial court properly ordered a new election for the office of Caddo Parish Sheriff. In this case, the election was decided by one vote, and there is evidence of voter irregularities. The record shows that two voters illegally voted twice and that four ineligible fully interdicted persons voted in the election. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: December 12, 2023, Case #: 55,730-CA, Categories: Elections, Evidence
J. Robinson vacates the trial court's determination that the statutes regarding grandparent visitation rights are unconstitutional. In this case, the trial courts did not rule on the merits. The adopted parents of the children lacked standing to challenge the constitutionality of the statutes because the matter regarding the biological grandparents' visitation could still be disposed of on non-constitutional grounds. Vacated.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: November 15, 2023, Case #: 55,433-JAC, Categories: Evidence, Family Law
J. Robinson finds that defendant was properly sentenced to ten years imprisonment on his conviction of theft of property more than $5,000, but less than $25,000, and third-felony offender adjudication. In this case, the sentence falls within the six to 20 year sentencing range for the habitual offender adjudication. Further, defendant had prior convictions for the theft of property and showed no remorse for his crimes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: November 15, 2023, Case #: 55,304-KA, Categories: Sentencing, Theft
J. Robinson denies a class of private foundation members' motion to remand contract claims against an energy company to state court concerning underpayment of natural gas royalties. The energy company sufficiently showed in court that the state court lacks subject matter jurisdiction based on the number of class participants and the controversy sum, which is upwards of $5 million.
Court: USDC Kansas, Judge: Robinson, Filed On: October 30, 2023, Case #: 6:23cv1097, NOS: Other Contract - Contract, Categories: Jurisdiction, Class Action, Contract
J. Robinson grants the student-athletes' motion to reconsider a prior order finding that the absent plaintiffs did not have standing to pursue a retaliation claim against the university. The athletes allege that comments made at a track and field meeting implicitly threatening team members with removal from the team if they participated in the lawsuit dissuaded some team members from joining the suit or participating as witnesses. This is sufficient to allege an injury-in-fact even though the university's alleged retaliation was not directed specifically at them.
Court: USDC Southern District of California, Judge: Robinson, Filed On: October 10, 2023, Case #: 3:22cv173, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Education
J. Robinson finds that the lower court properly found in favor of a law firm on an individual's legal malpractice claims alleging that the firm did not properly resolve a divorce proceeding his father was involved in before he died. The individual suing the firm is a non-client and there is no evidence that he was ever intended to be a beneficiary of his father’s attorney’s services. As a result, he lacks standing to pursue any legal malpractice claims. Affirmed.
Court: Wyoming Supreme Court, Judge: Robinson, Filed On: October 3, 2023, Case #: S-22-0293, Categories: Legal Malpractice