145 results for 'judge:"Wilson"'.
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: Arbitration, Construction, Contract
J. Wilson reverses the trial court's award of $88,000 in damages and $8,900 in attorney fees in an operating agreement dispute between bitcoin companies. The Delaware court order upon which the trial court based its award of damages was not properly domesticated for enforcement in Texas, and the attorney fees are not supported by evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 12, 2024, Case #: 14-22-00633-CV, Categories: Corporations, Damages, Attorney Fees
J. Wilson grants the government's motion to dismiss this appeal. The contractor, which had an indefinite delivery and quantity contract for architectural and engineering services involving the design of military and civil projects within the Great Lakes and Ohio River Division Mission Boundaries, failed to file its appeal within 90 days of receiving the contracting officer’s final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 7, 2024, Case #: 63515, Categories: Government, Due Process, Contract
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: Government, Due Process, Contract
J. Wilson finds a lower court properly sentenced a defendant to a 40 year to life sentence after he was convicted for murder. The defendant argued that he is entitled to a sentencing modification, and that he never received a reply from the court clerk. However, the government sufficiently showed in court that he received an order in the mail and that his claims are untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
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J. Wilson finds a lower court properly dismissed a defendant's motion for a life sentence modification. The defendant, who is serving a life sentence for a murder conviction, argued that he never received correspondence concerning the denial of his motion. However, the state presented sufficient evidence in court that a clerk's notation was forwarded to him. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
J. Wilson finds that the district court properly sentenced defendant to 60 months of imprisonment and three years of supervised release following his guilty plea to conspiracy for stealing and reselling luxury cars. The plea agreement was unambiguous. The record shows that defendant understood that the agreement in which the government promised to recommend a 60-month custodial sentence did not prohibit the government from also recommending supervised release despite the absence of a supervised release provision. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: February 29, 2024, Case #: 22-12826, Categories: Sentencing, Conspiracy, Plea
J. Wilson finds that the trial court improperly granted no-evidence summary judgment in favor of the aluminum company in the family members' wrongful death and survival claims involving their loved one's death from asbestosis due to being exposed to asbestos fibers from her husband's work clothes. The family members gave "direct, scientifically reliable proof of causation," specifically that the aluminum plant was the source of the asbestos to which the decedent was exposed. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: February 27, 2024, Case #: 14-22-00417-CV, Categories: Evidence, Wrongful Death, Asbestos
J. Wilson grants the SEC's motion for monetary remedies and injunctive relief for its complaint that the company owner engaged in a fraudulent investment scheme by hiding his criminal history from investors, combining personal and investment funds, misrepresenting his returns, and buying property with investment funds. The SEC shows that the company owner is likely to commit fraud in the future, because he defrauded multiple investors over several years and there is evidence that he is still soliciting victims during this case.
Court: USDC Central District of California, Judge: Wilson, Filed On: February 23, 2024, Case #: 8:19cv1174, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction
J. Wilson finds the district court properly ruled in favor of the business advisor, who was found to be entitled to commission for its promotion of the sale of its former client, the building supply company. Though the building supply company argued for the application of Texas’s procuring cause doctrine, this common law doctrine was found to be displaced by the parties’ contract. The nearly $4 million fee the advisor stands to receive is proportional to the $190 million sale price of the company, and the court merely held the parties to contractually agreed-upon terms. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 22, 2024, Case #: 23-20030, Categories: Business Expectancy, Contract
J. Wilson finds that the trial court properly ruled in favor of the city-parish government on a court bailiff's slip and fall suit over injuries allegedly resulting from spilled hand sanitizer. The government was entitled to immunity since the installation of the sanitizer dispensers was in response to the public health emergency caused by Covid-19. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: February 14, 2024, Case #: CA-23-347, Categories: Tort, Immunity, Covid-19
J. Wilson denies a global technology company’s motion for a preliminary injunction against a smaller tech firm, which it would like to prevent from taking business away from the larger company. The global company failed to show that, without the injunction, its reputation or ability to contract with other customers would be harmed.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: February 12, 2024, Case #: 1:23cv564, NOS: Other Contract - Contract, Categories: Contract, Technology
J. Wilson finds the district court properly convicted the Mexican citizen defendant for possession of a firearm by an illegal alien. Defendant has admitted to entering the country illegally on other occasions, as well as having been arrested for such. Most recently, defendant's pregnant wife called police, alleging he assaulted her and threatened to shoot her in the stomach, and the firearm was found in his truck. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 12, 2024, Case #: 22-30821, Categories: Evidence, Firearms, Immigration
[Consolidated.] J. Wilson finds that the district court properly dismissed the employees' separate Title V claims under the ADA in employment discrimination and retaliation actions against their employers, the Georgia Department of Human Services and the Georgia Department of Corrections. The actions arose after the employees were fired. The district court correctly dismissed the claims based on sovereign immunity because the underlying provision of Title V, Title I, does not allow a plaintiff to assert a claim against the state. A Title V claim based on the exercise of a right arising from Title I cannot be brought against the state. However, the district court's ruling is vacated and the case is remanded for the limited purpose of allowing the district court to dismiss the case without prejudice. Vacated.
Court: 11th Circuit, Judge: Wilson, Filed On: February 6, 2024, Case #: 21-12571, Categories: Ada / Rehabilitation Act, Immunity, Employment Retaliation
J. Wilson finds the district court properly sentenced defendants on convictions for conspiracy, bank robbery and firearm use. The relevant part of the First Step Act, which subjects defendants to only the 5-year minimum sentence for multiple convictions arising out of the same conduct, does not apply to post-enactment resentencings on pre-enactment sentences that were vacated after enactment. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 2, 2024, Case #: 22-10265, Categories: Robbery, Sentencing
J. Wilson finds that the trial court properly ruled in favor of the landowner on a worker's premises liability claim over injuries from an auger that fell off a skid loader and onto his foot. The evidence shows that the worker was aware the auger was not securely locked in place before the incident, so the landowner did not owe a duty to the worker. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: January 23, 2024, Case #: 14-22-00767-CV, Categories: Property, Negligence
J. Wilson finds the district court properly dismissed this insurance dispute for lack of jurisdiction. The Texas subsidiary of the covered parent company is the only involved entity with connections to Texas. The parent company is based in Connecticut, and its insurance policy with the Illinois-based insurance company was negotiated in New York. The Texas company exercised its forum shopping privilege beyond its scope. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 18, 2024, Case #: 23-50004, Categories: Insurance, Jurisdiction
J. Wilson finds the district court properly dismissed a deckhand's injury action. A towing company was improperly joined as a party and, therefore, the district court properly disregarded disregarded and dismissed it, which left no defendants. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 8, 2024, Case #: 23-30112, Categories: Admiralty, Tort, Negligence
[Consolidated.] J. Wilson partly grants mandamus relief to the company and estate executor who challenge certain paragraphs in interlocutory judgments rendered for three probate court cases that involve a stock purchase agreement. The trial court abused its discretion in issuing the challenged paragraphs and "by failing to declare that the Estate owns the shares."
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: December 21, 2023, Case #: 14-23-00147-CV, Categories: Civil Procedure, Wills / Probate, Contract
J. Wilson declares unconstitutional the Truly Agreed and Finally Passed House Bill 1606, which sought to reduce the amount of information certain counties are required to publish in their financial statements, because it violates the single subject requirement. The bill also includes provision to restriction the expenditure of state funds on combating homelessness, and makes the act of sleeping or camping on state-owned lands a class C misdemeanor.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: December 19, 2023, Case #: SC100045, Categories: Constitution, Government, Municipal Law
J. Wilson denies the nonprofit organization's and individuals' petition for review of a final agency action by the Federal Communications Commission delegating authority over the universal service fund to the company, a private entity. The nonprofit claimed the decision violated the private nondelegation doctrine and sought a declaration finding the universal service requirements in the Telecommunications Act unconstitutional. A government agency does not violate the private nondelegation doctrine by delegating statutory authority to private entities as long as the entity functions subordinately to the agency and the agency retains authority over the entity's activities. The company functions subordinately to the FCC and the FCC maintains "deep and meaningful control" over the the company.
Court: 11th Circuit, Judge: Wilson, Filed On: December 14, 2023, Case #: 22-13315, Categories: Communications, Agency
J. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: Administrative Law, Elections
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: Evidence, Murder, Sentencing
J. Wilson finds a lower court properly set aside a defamation judgement brought by a surgeon against a former patient. The surgeon argued that his former patient tarnished his reputation by posting false Yelp reviews online. However, the former laser resurfacing patient sufficiently showed in court that the post did not damage his professional reputation. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 122,400, Categories: Negligence, Defamation
J. Wilson finds a lower court properly convicted a defendant on charges of felony murder and aggravated criminal sodomy. The defendant, who ingested crack cocaine at the time, argued that his victim's injuries were the result of mouth to mouth resuscitation, and that his expert witness testified that her vaginal injuries were from "simple genital wiping." However, the government presented sufficient evidence in court that he carried out a forcible act when he sodomized and killed his victim using "force or fear." Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 124,992, Categories: Drug Offender, Murder, Experts