216 results for 'judge:"Brown"'.
J. Brown finds that the trial court properly denied defendant's motion to withdraw her guilty plea to theft by shoplifting less than $500. The trial court correctly found that defendant's plea was voluntarily and knowingly entered. The trial court also correctly concluded that there was insufficient evidence showing that defendant's plea was the product of coercion based on her being in custody for months and being fearful of getting "lost in the system." Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 24, 2024, Case #: A23A1428, Categories: Theft, Plea
J. Jolivette Brown grants a request by domestic and foreign insurers to stay litigation initiated by a property owner, ordering him to arbitrate his storm-damage related claims. Although Louisiana law ordinarily prohibits enforcement of arbitration clauses concerning insurance disputes, an international treaty on arbitration supersedes state law. Furthermore, the McCarran-Ferguson Act, which the property owner cites, does not apply to an international treaty.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 19, 2024, Case #: 2:23cv6464, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Insurance, International Law
[Modified.] J. Brown corrects the name of one party with no change in judgment. The trial court improperly rejected an insured's argument that its commercial general liability insurance policies with terms longer than one year had two separate annual aggregate limits of liability. Where multiple policies overlap in multi-year frameworks, each policy's language determines coverage, so proration of policy limits is inapplicable. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: January 18, 2024, Case #: A166574, Categories: Insurance, Asbestos
J. Brown finds that the trial court properly granted defendant's motion to suppress the statement he made to the police. In this case, defendant unambiguously expressed his desire to communicate with police through a lawyer, but the officer still took his statement without a lawyer present. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: January 17, 2024, Case #: 2023-K-0817, Categories: Evidence, Miranda
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: Evidence, Probation, Sex Offender
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J. Jolivette Brown denies summary judgment to a flooring company on its argument the lessee of a gymnasium building, a popular Catholic high school, cannot recover for fire damage allegedly caused by the improper disposal of self-heating wood stain rags. The law is unclear as to whether St. Augustine, as a lessee, has a right of action to pursue a claim for property damages or loss of property value under these circumstances. Additionally, there are fact issues in dispute regarding the extent of the obligation assumed by St. Augustine by way of the lease agreement.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 17, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Damages, Product Liability, Experts
J. Brown finds that the trial court properly ruled in favor of the patient and her husband and awarded them $10.1 million in compensatory damages in a medical malpractice action against the doctor and hospital. The couple alleged that the doctor cut through the patient's common bile duct during a gallbladder removal surgery. The trial court correctly denied the doctor's and hospital's motions for mistrial and new trial. Statements made by the couple's counsel did not improperly ask the jury to "send a message" to the hospital and doctor with its verdict. Even if the three statements were improper, they did not permeate the trial. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 11, 2024, Case #: A23A1548, Categories: Medical Malpractice
J. Brown finds that the trial court properly awarded the community organization $65,000 in attorney fees in a civil rights and injunctive relief class action brought by the member. The trial court granted the organization's motion to dismiss the action, which arose after the organization modified its bylaws to require board candidates to attest that they file income taxes. The case is remanded for factfinding with respect to the amount of attorney fees to be assessed. The trial court was not clear in its order whether it limited the fees award to those fees incurred because of the member's sanctionable conduct. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1569, Categories: Attorney Fees
J. Brown finds that the trial court improperly ruled partially in favor of the individual and incorrectly denied the company's motion to withdraw admissions in a negligence action brought by the individual arising from injuries he suffered in a car collision with the driver. The trial court failed to fully consider the motion to withdraw the company's admission that the driver was its employee or agent at the time of the collision. The driver repeatedly testified in her deposition that she was an independent contractor. A genuine dispute of fact exists as to whether or not the driver was an employee. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1298, Categories: Negligence
J. Brown finds that the district court should not have denied a plaintiff driver leave to amend his petition to assert direct negligence claims against the defendant driver's employer. In this case, the plaintiff driver did not know that the direct negligence claims existed before the corporate depositions of the employer's other employees took place. However, the plaintiff driver knew or should have known that his wife had a loss of consortium claim well before her deposition took place. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: January 10, 2024, Case #: 2023-C-0777, Categories: Civil Procedure, Negligence
J. Brown finds that the trial court improperly rejected an insured's argument that its commercial general liability insurance policies with terms longer than one year had two separate annual aggregate limits of liability. Where multiple policies overlap in multi-year frameworks, each policy's language determines coverage, so proration of policy limits is inapplicable. Reversed in part.
Court: California Courts Of Appeal, Judge: Brown, Filed On: December 28, 2023, Case #: A166574, Categories: Insurance, Asbestos
J. Brown finds the lower court erroneously granted the senior living community's motion to dismiss a resident's request to see its bank statements. Records produced by a third party - in this case, the community's bank - are subject to disclosure to a resident under the Colorado Common Interest Ownership Act and clearly fall under the category of a "detailed record of receipts and expenditures." Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: December 28, 2023, Case #: 2023COA125, Categories: Evidence, Public Record
J. Brown finds that the district court properly dismissed a patient's action against a hospital regarding the patient being injured while attempting to sit in a waiting room wheeled chair. A hospital worker testified that the chair had been placed in the corner of the room near the front desk sometime in 2011 and was not moved. Further, there were no incidents with the chair before or after the alleged fall, and the patient was inconsistent in his statements regarding the placement of the chair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 20, 2023, Case #: 2023-CA-0180, Categories: Evidence, Negligence
J. Brown finds that the trial court erred in dismissing an heir's creditor claim complaint. He was entitled to file an amended petition after the trustee demurred. He may have used the wrong form, but he made the same allegations with additional detail and nothing in the record shows that the trustee was confused or misled. Also, statute allows for a creditor's claim against a trustee in order to enforce a debt or claim where neither a probate or trust claims procedure has been initiated. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: December 19, 2023, Case #: A164622, Categories: Civil Procedure, Trusts, Wills / Probate
J. Brown finds that defendant was properly sentenced to twelve years at hard labor on his guilty plea to simple burglary. In this case, defendant's motion challenging his sentence is untimely because it was filed more than two years after his conviction and sentence became final. Further, defendant did not claim that his sentence was illegal under the sentencing statutes. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 14, 2023, Case #: 2023-K-0762, Categories: Burglary, Sentencing
[Consolidated.] J. Brown finds that the trial court should not have found for the company that was hired to exercise a horse that collided with a jockey at a racetrack while practicing, injuring the jockey and the jockey's horse. In this case, there was no motion for summary judgment under consideration when the trial court granted summary judgment in favor of the company. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 13, 2023, Case #: 2023-CA-0333, Categories: Negligence, Contract
J. Brown finds that the juvenile court properly found the immigrant child to be dependent and awarded temporary custody of the child to the uncle. However, the juvenile court failed to make findings related to the child's special immigrant juvenile status. The case is remanded to allow the juvenile court to make specific written findings as to five immigration factors. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 12, 2023, Case #: A23A1775, Categories: Family Law, Immigration
J. Brown finds that the trial court properly dismissed a renewal action brought by a driver against a teenager arising from a car collision. The trial court correctly found that the driver failed to properly serve the teen and the teen's parent with a copy of the summons and complaint in the original action. Since service was not perfected in the original action, the suit was not a valid action when it was voluntarily dismissed by the driver. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 8, 2023, Case #: A23A1328, Categories: Civil Procedure, Negligence
J. Brown finds a lower court improperly dismissed a former child inmate's motion to file sexual abuse claims against a female juvenile corrections officer. The State argued that his notice of claims are time- barred. However, he presented sufficient evidence in court that House Bill 2466 grants victims of sexual abuse an extension on claims that are barred by the passage of time. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: December 5, 2023, Case #: 1 CA-CV 21-684, Categories: Civil Rights, Employment, Evidence
J. Brown denies requests by a general contractor and its surety to dismiss a subcontractor’s Miller Act claim totaling $1.1 million for work allegedly performed on a federal construction project in New Orleans on grounds the subcontractor’s claims are subject to arbitration. Citing Fifth Circuit precedent, the ruling rejects dismissal of the federal suit as both inimical to the law giving a subcontractor the right to sue a surety issuing a bond to a general contractor and as a hindrance to litigants from arbitrating their disputes. Therefore, the subcontractor’s federal Miller Act claims against the surety are stayed, pending arbitration of the subcontractor’s state law claims against the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: December 1, 2023, Case #: 2:23cv2119, NOS: Miller Act - Contract, Categories: Arbitration, Construction, Contract
J. Brown denies a series of motions that seek to overturn a jury’s verdict that found a product manufacturer infringed on the Wallet Ninja product, a popular multipurpose tool, and awarded the tool’s patentholder $1.85 million in damages. The court finds the jury had enough evidence to conclude a collaborator who worked on the product’s design did not substantially contributed to the design to call into question the patent’s ownership or that the jury’s award for damages under a loss profits theory was improper. The court further grants a request for enhanced damages and awards the patentholder an additional $1.536 million in attorney fees, expert fees and costs.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: December 1, 2023, Case #: 2:19cv3067, NOS: Patent - Property Rights, Categories: Patent, Damages