88 results for 'judge:"Lynch"'.
J. Lynch finds that the lower court properly resentenced defendant for violation of conditions on a criminal sale of controlled substance conviction. The defendant was given several chances to abide by the postconviction conditions of his probation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: September 28, 2023, Case #: 109521, Categories: Probation, Sentencing
J. Lynch finds the jury properly convicted defendant of murder and rejected his claim of self-defense because two witnesses who were in the vehicle with the victim testified the victim never threatened defendant and only took his gun out when defendant asked him to, which contradicted defendant's claim he was in fear for his life when he fired his weapon. Meanwhile, the trial court properly denied defendant's motion to merge the murder and kidnapping convictions for sentencing because the offenses involved separate victims and distinct courses of conduct. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: September 25, 2023, Case #: 2023-Ohio-3419, Categories: Murder, Self Defense
J. Lynch finds that the district court properly found for university hiring personnel in first amendment retaliation claims contending an adjunct professor had been passed over for promotion for embracing Keynesian economics because precedent holds that a public university's interest in prioritizing skills and academic perspectives outweighs an individual's academic free speech. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-1135-cv, Categories: Constitution, Education, Employment
J. Lynch sends a certified question to the Vermont Supreme Court concerning whether a business that leases and resells trucks to commercial customers constitutes a "consumer" under state law for claims alleging vehicle defects as supplied by a manufacturer.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-282-cv, Categories: Consumer Law
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J. Lynch finds that the district court improperly found for manufacturers of cannabis-derived products sued by a commercial trucker fired after a random drug test detected the psychoactive chemical THC in his system, from a tincture that supposedly contained only medicinal CBD. Although the trucker used the product connected to a prior car accident, civil RICO claims were valid for injuries "in business or property," which encompassed lost livelihood and job benefits.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 21, 2023, Case #: 22-349-cv, Categories: Tort, Racketeering
J. Lynch finds that the district court improperly approved the settlement in class claims contending New York Times' automatic renewal policy violates California consumer law. Access codes for free one-month subscriptions to select products were not coupons, and thus provisions of the class action fairness act were not activated, resulting in a "substantial" attorney fee award of $1.25 million. However, lead plaintiff was properly awarded a $5,000 incentive fee. On remand, attorney fees should be recalculated.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 17, 2023, Case #: 21-2556-cv, Categories: Settlements, Consumer Law, Attorney Fees
J. Lynch finds that the district court improperly dismissed claims in which Americans injured in rocket attacks in Israel contend a bank provided material support to terrorists because the bank's withdrawal from the case following transfer from Washington, D.C., to New York left questions about whether the personal jurisdiction defense still applied. On remand, this issue should be weighed against whether the transfer resulted in a jurisdictional clean slate.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 10, 2023, Case #: 22-1122-cv, Categories: Tort, Terrorism, Jurisdiction
J. Lynch finds that the lower court properly dismissed a petition challenging a town's notice of violation when construction began at a vineyard without needed permits and site-plan approval. Judicial review was premature because the vineyard's owners failed to exhaust their administrative remedies first. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: CV-22-2293, Categories: Administrative Law, Zoning
J. Lynch finds that the workers' compensation board properly held that an auditor did not have a job-induced psychological injury and disallowed her benefits claim. The woman's stress/anxiety, even when manifesting in physical symptoms, was no greater than that experienced by other similarly situated workers. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: 535539, Categories: Workers' Compensation
J. Lynch finds that a police officer was properly denied accidental disability retirement benefits by the state. While an on-duty car collision qualified as an “accident” resulting in injury, it was not the proximate cause of the officer’s claimed permanent disability, which medical experts linked instead to complications from a later slip-and-fall mishap during a burglary investigation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: 535812, Categories: Social Security, Tort
J. Lynch finds that the lower court properly convicted defendant of murder. Defendant contends the verdict was based solely on statements he made to acquaintances about the victim's death, but physical evidence corroborated details defendant offered about the location at which he dumped the body. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 27, 2023, Case #: 111777, Categories: Evidence, Murder
J. Lynch finds that the lower court properly denied a lender's request to vacate a prior order dismissing a foreclosure action as abandoned and to restore it to the court's calendar. No abuse of discretion occurred, as the lender had been directed to move the case along by filing a foreclosure request by a particular date and did not do so. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 27, 2023, Case #: 535336, Categories: Foreclosure
J. Lynch finds that the lower court improperly dismissed medical malpractice and wrongful death claims stemming from complications following surgery for gallstone pancreatitis. Testimony in which an expert for the decedent suggested that a worrisome level of oxygen saturation indicated an earlier need for post-surgical intubation should not have been dismissed as speculative or conclusory. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 13, 2023, Case #: 535338, Categories: Experts, Wrongful Death, Medical Malpractice
J. Lynch finds that the lower court improperly terminated a mother's parental rights based on permanent neglect because the mother, who struggles with mental health issues, was offered such disjointed assistance that services did not constitute diligent efforts to provide necessary parenting and life skills. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 6, 2023, Case #: 534330, Categories: Family Law
J. Lynch finds that the lower court properly shifted sole legal and physical custody of a child to the father based on credible evidence of parental alienation on the part of the mother and her lack of commitment to fostering a father-child relationship, contrary to the father's efforts to encourage the mother-child bond. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 6, 2023, Case #: 535639, Categories: Family Law
J. Lynch finds that the lower court properly convicted defendant based on the guilty plea to rape he entered while serving a lengthy term for pleading guilty to another rape and attempted kidnapping as a sexually motivated felony. Being sentenced remotely during the Covid-19 pandemic did not constitute a mode of proceedings error, as defendant requested such and waived his right to appear in person. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 29, 2023, Case #: 113326, Categories: Criminal Procedure, Sentencing, Plea
J. Lynch finds that the lower court properly dismissed breach of contract claims concerning purchase orders for ventilators and anesthesia equipment made by the state in the early days of the Covid-19 pandemic. While the orders required immediate payment, a due date had not been given, and a special Covid-19 contract provision gave the state the right to inspect the goods before payment or acceptance. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 22, 2023, Case #: 534771, Categories: Covid-19, Contract
J. Lynch finds that a county correction officer was properly stripped of service retirement benefits by the state. The 25-year "total creditable service" provisions no longer applied after subtracting time from his faulty time sheets that he had actually spent playing golf, frequenting a casino, or politicking, as had been revealed in a federal indictment and subsequent conviction for theft of funds and wire fraud, which left 24.5 years. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 22, 2023, Case #: 535552, Categories: Social Security
J. Lynch finds that the district court improperly found for telecommunications giant DirecTV by holding that indemnification did not apply to unpaid license fees in India that predate the spinoff of a subsidiary provider in an asset-purchase deal. Under the plain terms of the agreement, the assessments constituted "taxes," and a decade-long court battle concerning such constituted a "proceeding."
Court: 2nd Circuit, Judge: Lynch, Filed On: June 22, 2023, Case #: 21-3013-cv, Categories: Civil Procedure, Indemnification, Contract
J. Lynch finds that the lower court properly convicted defendant of assault and attempted aggravated assault of a police officer for driving his vehicle into two police cruisers in separate incidents. Defendant says proof was lacking as to elements of intent and serious physical injury, but both cruisers were easily identifiable as police cars and an officer had been inside or next to each vehicle that had been rammed. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 15, 2023, Case #: 112166, Categories: Intent, Assault
J. Lynch finds that the lower court properly determined a father willfully violated a prior support order and sent him to jail for six months. The father provided proof that back surgery necessitating a lengthy hospital stay rendered him unable to work, but he failed to demonstrate he tried to find work within his health limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 15, 2023, Case #: 536053, Categories: Contempt, Family Law
J. Lynch finds that the lower court properly granted a father's request to modify an order to award him primary physical custody of the parties' son. The parents had joint legal custody, but the father was better able to serve the boy's interests in light of his stable home environment and gainful employment. However, the boy's mother should have been granted telephone or video contact on all days in which he was in his father's care. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 8, 2023, Case #: 535851, Categories: Family Law
J. Lynch finds that thoroughbred trainer Linda Rice was properly cited for receiving access to names and past performances of horses entered in New York races she also might enter, but that revoking her license for three years was an overly harsh penalty. While the practice is not barred under written policy, substantial evidence indicates Rice received confidential information on a regular basis over several years in violation of racing standards. However, similar information is sometimes proffered to entice trainers to fill out cards for a race.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 8, 2023, Case #: 535481, Categories: Licensing
J. Lynch finds that a construction worker was properly precluded from presenting evidence to support schedule loss of use claims concerning injuries incurred when he tried to remove a heavy box from a shelf. The orthopedic surgeon who examined the worker was an independent medical examiner rather than a treating physician, but he did not follow protocol in performing the examination. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 1, 2023, Case #: 534963, Categories: Workers' Compensation
J. Lynch finds that the workers' compensation board properly declined to review the denial of a claim in which an airline pilot contends he sustained brain damage from inhaling toxic fumes because the pilot failed to complete the application for review, and his subsequent request for reconsideration was properly denied. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 25, 2023, Case #: 534443, Categories: Civil Procedure, Workers' Compensation
J. Lynch finds that the district court properly imposed special internet use conditions in lifetime parole because defendant, a sex offender, consistently violated supervised release. A "sensible reading" indicated these conditions were very similar to those imposed in the past following other violations and thus were not procedurally or substantively unreasonable. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 21-2577-cr, Categories: Parole, Sentencing, Sex Offender
J. Lynch finds that the district court properly held that an insurer's settlement liability in prior claims concerning soil and water pollution by Dole Food's predecessor was covered by Dole's own reinsurance policy. Under governing English law, the reinsurer's obligation matched that of the insured rather than merely a portion of liability. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 20-3559-cv, Categories: Insurance, Damages