42 results for 'judge:"Stewart"'.
J. Stewart finds the district properly certified the class in this suit alleging that the plan mismanaged retirement, health and welfare funds contributed through employers. The district court did not violate the Supreme Court’s statistical modelling precedent by acknowledging employees’ and contributors' plans to establish the fund’s liability using an arithmetic, formulaic method. The fund’s due process rights are sufficiently protected, and differences in damage amounts among members do not bar certification. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 11, 2023, Case #: 22-50368, Categories: Employment, Insurance, Class Action
J. Stewart finds the trial court properly convicted defendants for conspiracy to commit wire fraud affecting a financial institution, conspiracy to commit securities fraud, and eight counts of aiding and abetting securities fraud. In “a classic Ponzi-like scheme,” defendants transferred money from one fund to pay distributions to another fund’s investors. Though several claims of error are argued, none rise to abuses of discretion or other reversible error. No statements made by the prosecutor prejudiced defendants’ substantial rights. Time limits did not jeopardize the trials fairness. Cumulative error is inapplicable. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: July 31, 2023, Case #: 22-10511, Categories: Fair Trial, Fraud, Securities
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J. Stewart finds that the trial court improperly denied the girlfriend's request for a domestic violence restraining order against her abusive boyfriend. Though she produced text messages that included death threats from the boyfriend, the trial court concluded that since the girlfriend kept contact with him, she was “not particularly concerned” about his “comment that he will kill her.” The court's focus on her maintaining of contact is too narrow and there is an abuse of discretion in denying the restraining order without consideration of the totality of the circumstances. Reversed.
Court: California Courts Of Appeal, Judge: Stewart , Filed On: July 26, 2023, Case #: A166582, Categories: Restraining Order
J. Stewart finds the court of appeals lacked jurisdiction to consider the merits of the park board's appeal from a decision regarding appropriation proceedings. The trial court's decision to deny the property owner's motion for summary judgment did not constitute a final, appealable order. Vacated.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 11, 2023, Case #: 2023-Ohio-2332, Categories: Government, Property, Jurisdiction
J. Stewart denies the TDCJ inmate’s motion to proceed in forma pauperis in this appeal of the district court’s dismissal of his suit against University of Texas Medical Branch personnel alleging civil rights violations. The inmate asserts suspicions that his food had been tainted due to his being viewed as a “snitch,” but does not allege facts to support allegations. The district court’s dismissal for failure to state a claim constitutes a third dismissal of a series of suits making similar claims, dismissed variously for failure to state a claim, frivolous filing and nonpayment of fees. The district court did not abuse its discretion.
Court: 5th Circuit, Judge: Stewart, Filed On: July 10, 2023, Case #: 21-40856, Categories: Civil Rights, Health Care, Prisoners' Rights
[Consolidated.] J. Stewart finds that the trial court properly relied on jury findings that defendants intended to kill before it issued gang and multiple-murder special-circumstances resentencing verdicts, but it must nonetheless hold an evidentiary hearing to determine whether they are entitled to resentencing relief on first-degree murder convictions. Also, the trial court was within its discretion to refuse to dismiss prior serious felony gang-related gun enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 30, 2023, Case #: A162472, Categories: Murder, Sentencing, Gangs
J. Stewart finds that the trial court properly declined to resentence defendant after he violated parole, and instead ordered him to serve a previously suspended five-year prison term. He is not entitled to resentencing because he was too late to request the retroactive application of amendments to the sentencing statute. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 28, 2023, Case #: A165968, Categories: Firearms, Probation, Domestic Violence
J. Stewart finds that disputed issues of fact about whether a property owner abandoned a railroad easement should have precluded summary judgment that kept the easement in force. Ambiguous language in the easement deed and conflicting evidence about the use of the easement must be resolved. Some evidence points to abandonment and the trial court misunderstood the law governing an intent to abandon an easement. Reversed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 27, 2023, Case #: A163550, Categories: Property
J. Stewart finds the court of appeals erroneously overturned the trial court's award of damages to the property owner after the Department of Transportation failed to deliver the title of a parcel of real estate within the required time frame. While the term "damages" was not expressly defined in the parties' settlement agreement following eminent domain proceedings, the settlement was valid and enforceable because the amount of damages had no bearing on either party's performance under the agreement. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: June 8, 2023, Case #: 2023-Ohio-1866, Categories: Real Estate, Settlements, Damages