232 results for 'judge:"Brown "'.
J. Brown vacates the district court's default judgment in favor of property owners on their claims related to their neighbors damaging their property intentionally after a property line dispute. In this case, the property owners only introduced a copy of the default judgment notices and confirmation of receipt via priority mail but did not introduce further evidence. Although the record contains two affidavits of service filed by the private process server and invoices from a repair shop for damage to their car, the documents were not offered into evidence and cannot be considered. Vacated.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: June 20, 2024, Case #: 2024-CA-0045, Categories: Property, Contract
J. Jolivette Brown denies a temporary employment agency���s request to dismiss its former landlord���s breach of lease claims and demand for damages totaling $104,000, in addition to attorney fees. There is insufficient information in the record to determine who owned the property at the time of the lease termination. Therefore, the issue cannot be resolved at the current stage of the litigation.
Court: USDC Western District of Louisiana , Judge: Jolivette Brown, Filed On: June 14, 2024, Case #: 2:23cv1950, NOS: Rent Lease & Ejectment - Real Property, Categories: Evidence, Landlord Tenant, Property
J. Brown finds that the trial court properly granted the city's motion to dismiss the mother's action arising from injuries her eight-year-old son suffered when a tree branch fell on him while he was playing on city property. The trial court correctly found that the mother's ante litem notice did not comply with the statutory requirements because it did not specifically state the amount of the claimed loss. The time for filing an ante litem notice under the notice statute is not subject to tolling under the tolling statute for minors. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 13, 2024, Case #: A23A0783, Categories: Civil Procedure, Negligence
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J. Brown finds the trial court properly convicted defendant for possession of a firearm by certain persons. Defendant was stopped for having no license plate on his vehicle and a search yielded the loaded 9mm handgun. Defendant had an active arrest warrant and resisted the officers helping him out of the car, providing probable cause for the search. The gun was found under the driver���s seat of the vehicle driven and owned by defendant, and he had immediate and exclusive access and control to and of the weapon. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: June 5, 2024, Case #: CR-23-714, Categories: Evidence, Firearms, Search
J. Jolivette Brown denies a request by a parish president in Louisiana and the chairman of the parish council to dismiss a First Amendment suit by a community activist. She alleges the chairman ordered her to ���stop this comment��� and threatened her with jail at a videotaped public meeting when she rose to protest a proposal to authorize a taxpayer-funded lawyer for the parish president, who was the subject of a state ethics investigation. The ordinance the chairman cited was ruled unconstitutional nearly a decade earlier.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 5, 2024, Case #: 2:23cv7296, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government
J. Brown finds that the trial court properly convicted defendant of enticing a child for indecent purposes. Sufficient evidence was presented to support defendant's conviction, including evidence of text messages between defendant and the victim showing defendant had a present intent to commit an indecent act when he enticed the victim to get into his car in a secluded area. The trial correctly admitted into evidence an extraction report of data in the victim's phone. However, the trial court incorrectly imposed five special conditions of probation. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 5, 2024, Case #: A24A0048, Categories: Probation, Sex Offender
J. Brown finds that the trial court improperly calculated damages in claims alleging breach of a timber contract because the agreement had been breached willfully. The company is entitled only to the monetary damages that it suffered, and thus damages should be reduced to $11,000. Reversed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: June 3, 2024, Case #: 23A-CT-2705, Categories: Damages, Contract
J. Brown finds that the trial court properly ruled in favor of the estate executor in an action brought by the heir arising from his decedent's death in a car collision which also killed the estate executor's decedent. The trial court correctly discharged the executor from the case following the heir's execution of a limited liability release of the insurer and their claims against the insurance company which provided uninsured motorist coverage to the heir's decedent. The lack of any other insurance available to the executor entitled him to the ruling. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 3, 2024, Case #: A24A0853, Categories: Insurance, Negligence
J. Brown finds that the district court should not have awarded a neighbor $6,000 for mowing the grass on a property owner's vacant lot. The parties testified that there was no conversation or contract regarding payment for upkeep of the vacant lot. The record shows that while the neighbor mowed the lawn, the property owner allowed her to use the vacant lot to her benefit by parking vehicles and a boat on the lawn. Therefore, there was a tacit ratification of an onerous contract. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 30, 2024, Case #: 2023-CA-0704, Categories: Property, Contract
J. Brown finds that the trial court properly convicted defendant of aggravated child molestation but incorrectly convicted defendant of two counts of child molestation. The child molestation convictions should have merged into a single count for sentencing because they were based on multiple touches to the victim during a single course of continuous conduct. The aggravated child molestation offenses do not merge with the child molestation offenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 29, 2024, Case #: A22A0838, Categories: Sentencing, Sex Offender, Child Victims
J. Brown finds that the trial court properly denied the owner's motion to dismiss a breach of contract action bought by the contractor but incorrectly denied the owner's motion to compel arbitration. The owner did not waive his right to arbitration by his conduct after the action was filed. The owner did not engage in substantial discovery before demanding arbitration. The trial court improperly entered a final money judgment in favor of the contractor in the amount of $100,000. The case is remanded for the trial court to compel the parties to submit to arbitration. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 29, 2024, Case #: A24A0348, Categories: Arbitration, Contract
J. Brown finds that the husband of a policyholder has failed to state a claim related to the termination of his wife���s insurance policy. The wife retired and then needed to convert her health and life insurance benefits to a COBRA policy but failed to do so before her death. The wife suffered a stroke prior to her death and was unable to complete the paperwork to covert the policy despite her insurer sending multiple notifications of the impending termination of the life insurance policy. The husband does not claim that the notices were difficult for the average policyholder to understand.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: May 28, 2024, Case #: 3:23cv2486, NOS: Insurance - Contract, Categories: Health Care, Insurance
J. Brown finds that the trial court improperly rejected the city's motion to dismiss an action brought by the driver arising from injuries she allegedly suffered after a city garbage truck hit her car. The driver's ante litem notice stated the approximate amount of her medical claims but did not state the specific amount of monetary damages she sought from the city. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 23, 2024, Case #: A24A0143, Categories: Civil Procedure, Negligence
J. Brown finds that the trial court properly denied the driver's motion to enforce a settlement agreement in an action brought by sisters seeking damages after the driver allegedly hit the sisters' father as he stood on the side of a highway, killing him. The trial court correctly found that the insurer rejected the sisters' settlement offer. The settlement check required an endorsement by the sisters, who live in Indiana, and their Georgia-based attorney, showing that the parties did not have a meeting of the minds. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 23, 2024, Case #: A24A1028, Categories: Settlements
J. Jolivette Brown grants a request by a trucking company and its insurer, dismissing as time-barred a suit by an individual who alleges he was injured while attempting to unload stage equipment from the vehicle. The individual's original complaint was filed against ���John Doe I, II and III," which was not a mistake but based on his lack of knowledge of the parties. Therefore, the litigant's amended suit does not relate back to the filing of his original complaint and must be dismissed.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 22, 2024, Case #: 2:23cv6820, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Tort, Vehicle
J. Jolivette Brown denies a request by the New Orleans District Attorney to dismiss as vague pattern-and-practice claims that prosecutors and police concealed favorable evidence, resulting in the individual's wrongful conviction for first-degree murder in 1985. The litigant asserts two former U.S. Supreme Court justices observed that concealing exculpatory evidence in New Orleans was routine in the 1980s. However, the Supreme Court and circuit court decisions concerning the New Orleans��� prosecutor���s office did not create a ���bright line��� as to how many of 51 cases containing Brady violations would be comparable and sufficient to establish a custom of unconstitutional conduct. The individual is given time to amend such deficiencies in his complaint.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 21, 2024, Case #: 2:23cv6897, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Malicious Prosecution, Police Misconduct
J. Jolivette Brown grants a request for a preliminary injunction by the parents of a disabled 7-year-old boy, ordering a transit authority to allow the child to use the historic St. Charles Avenue streetcar anywhere his wheelchair can be safely deployed. Transit officials must comply with the order regardless of whether they believe a particular stop complies with the technical requirements of federal disability discrimination laws. The transit authority must add revise its ���app��� so the boy and other wheelchair users can see the location of the two wheel-chair accessible streetcars on the 114-stop line in real time, ���rather than guessing and waiting for one to finally arrive.���
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 16, 2024, Case #: 2:23cv2578, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Evidence, Transportation
J. Brown dismisses an injunctive relief and declaratory judgment action brought by John Barrow, a candidate for Justice of the Georgia Supreme Court, against members of the Special Committee on Judicial Election Campaign Intervention. The candidate sought to block the committee from investigating statements he made during his campaign related to his belief that the Georgia Constitution includes a right to privacy that protects abortion rights. The candidate lacks standing to bring his claims because he failed to show he faces any threat of injury from a potential statement by the commission. The candidate already disclosed the charges against him and has not shown that the commission's actions or threatened actions chilled his exercise of his First Amendment rights.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: May 16, 2024, Case #: 1:24cv1975, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Injunction
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent���s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Brown finds that the trial court improperly granted defendant's motion to suppress evidence of a breath sample produced during his third breath test which led to his DUI and failure to maintain lane charges. Although defendant gave three breath samples during state-administered breath tests, only two were adequate. The statute allowed the state to request the third test and the two samples are therefore admissible. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 13, 2024, Case #: A24A0705, Categories: Dui
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: Damages, Negligence
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: Arbitration, Health Care, Wrongful Death