105 results for 'judge:"Robinson"'.
J. Robinson that the district court properly sentenced defendant to 5 years at hard labor for first degree vehicular negligent injuring and 25 years at hard labor for vehicular homicide. In this case, defendant showed signs of impairment at the scene and tested positive for benzodiazepine, cannabinoids and cocaine. Further, there were numerous letters regarding defendant's character describing him of being a person known for drug use and partying. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,286-KA, Categories: Sentencing, Vehicular Homicide
J. Robinson finds that defendant was properly convicted of aggravated burglary. Although defendant claimed that he did not brandish the knife or mention the knife to the victim, defendant had the knife on his person when the victim awoke to find him in his bedroom in the middle of the night. Under statute, a burglar only needs to have a dangerous weapon in his possession in order to be considered "armed." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,311-KA, Categories: Burglary, Evidence
J. Robinson finds that while the female beneficiary of the estate technically violated the no-contest provisions of the will and trust when she filed a motion with the probate court for a hearing on alleged tax errors by the administrator, those provisions were against public policy and void because they conflicted with the beneficiary's right of appeal. Therefore, because the beneficiary acted in good faith when she challenged the administrator's errors, the probate court was not required to remove her as beneficiary. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 22, 2023, Case #: SC20701, Categories: Family Law, Wills / Probate
J. Robinson grants the attorney's motion for bifurcation in the individual's libel lawsuit accusing the attorney of sending an email to other attorneys containing false statements indicating the individual had participated in securities fraud. Bifurcation of the liability determination from the punitive damages determination is appropriate because the punitive damages determination will involve distinct evidence and a higher burden of proof. The jury may properly consider evidence of the parties' financial status during the damages phase, but this same evidence would be prejudicial during the liability phase.
Court: USDC Southern District of California, Judge: Robinson, Filed On: September 12, 2023, Case #: 3:18cv814, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Damages, Defamation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Robinson finds the trial court properly allowed the victim's parents to testify about his disclosure of defendant's sexual assaults. The testimony was properly limited to the circumstances of the disclosure and corroborated the victim's own testimony, while defendant's attorney was also able to thoroughly cross-examine each of the parents. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 11, 2023, Case #: SC20683, Categories: Sex Offender, Child Victims
J. Robinson finds the trial court properly denied the husband's motion to enforce the ketubah prenuptial agreement signed by he and his wife. Doing so would have required interpretations of Jewish law for the purposes of property division, which would have violated the Establishment Clause. Meanwhile, the award of $5,000 in monthly alimony payments for 15 years to the wife was supported by credible evidence, including the husband's employment as a rabbi in 2021 for a salary of $202,000, and was not unfair, given the couple's assets were divided equally and the husband received the marital residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 5, 2023, Case #: SC20664, Categories: Constitution, Family Law, First Amendment
J. Robinson finds that the district court properly awarded damages representing money a wife had withdrawn from joint accounts to shield her husband from debt recovery efforts. By writing three checks to herself and depositing them into accounts under her control, the wife engaged in fraudulent transfers under Connecticut law by perfecting her husband's transactions in order to put money out of creditors' reach. Meanwhile, default sanctions were properly imposed upon the wife given her repeated failure to comply with discovery orders. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 30, 2023, Case #: 21-202, Categories: Debt Collection, Fraud, Discovery
J. Robinson finds that the district court improperly dismissed claims in which plaintiff contends her employer caused potential injury when a data hack exposed her personal information. The prospect of identity theft was sufficiently concrete to constitute injury in fact, and by pleading such injury, plaintiff plausibly established a claim for relief through damages. Reversed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 24, 2023, Case #: 22-319, Categories: Damages, Privacy, Class Action
J. Robinson rules that the parents of a deceased student athlete may pursue wrongful death claims against a former University of San Diego rowing coach, who allegedly demoted the student's position on the team and verbally abused him after he reported that another teammate sexually harassed a group of female students. The parents sufficiently allege that the abusive rowing coach, who was eventually fired from his job, may have contributed to the student's death by suicide.
Court: USDC Southern District of California, Judge: Robinson, Filed On: August 23, 2023, Case #: 3:21cv1703, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Wrongful Death
J. Robinson finds that the trial court should not have ordered retroactive application of the final child support award of $700 per month and for the wife to repay the overpayment of child support. The parties stipulated to the determination that the husband was to pay child support in the amount of $2,500 per month, and there was no provision that a final determination was to be retroactive to the date of judicial demand. Further, the husband does not show good cause for applying the 2021 judgment that his payments should have been $700 per month to be applied retroactively. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: August 23, 2023, Case #: 55,137-CA, Categories: Family Law, Contract
J. Robinson finds that ResMed must show cause as to why its patent infringement action against competitor Cleveland Medical Devices should not be transferred to Delaware. Cleveland Medical has a pending patent infringement lawsuit against ResMed's parent company in Delaware. "Give the similarity of the parties and issues in this action to those in the previously filed Delaware action," a transfer may be appropriate.
Court: USDC Southern District of California, Judge: Robinson, Filed On: August 22, 2023, Case #: 3:23cv500, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Robinson grants a State department of corrections center's motion to dismiss a former employee's claims that it fired him over his religious beliefs. The corrections center sufficiently showed in court that the former employee, who was a probationary worker, was let go for refusing to behave in the workplace.
Court: USDC Kansas, Judge: Robinson , Filed On: August 21, 2023, Case #: 6:23 cv 1081, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Robinson finds the lower court properly granted the state's motion for summary judgment and declared the special act unconstitutional because the legislation extended the filing period for claims against the state for unsanitary conditions in schools to a single claimant and, therefore, it did not serve a public purpose. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: August 21, 2023, Case #: SC20723, Categories: Constitution, Education, Government
J. Robinson finds that the trial court properly convicted defendant of murder and correctly sentenced him to life imprisonment at hard labor. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant was not acting in self-defense when he shot the injured and unarmed victim in the head. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: August 9, 2023, Case #: 55,183-KA, Categories: Murder, Self Defense
C.J. Robinson finds that the lower court erred when it granted the city and police officer's motion for governmental immunity on negligence claims that stemmed from a car collision because the state's immunity statute is not intended to apply to the operation of an emergency vehicle, under which circumstances a government actor can be held liable for reckless behavior. The lower court's extension of immunity in this scenario - where the officer traveled more than 70 miles per hour through an intersection and struck another vehicle - would effectively allow police and other government personnel to disregard traffic laws and a common-law duty of care, and so the injured motorist's case will be reinstated. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: August 1, 2023, Case #: SC20753, Categories: Vehicle, Immunity, Negligence
J. Robinson denies the father's appeal of the trial court's termination of his parental rights of his child under the claim that he was not served notice in compliance with due process. The record indicates that the father received adequate notice of the intent to terminate his parental rights and that he had sufficient time to prepare a response. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: July 14, 2023, Case #: SC20788 , Categories: Family Law, Due Process
J. Robinson reverses the appellate court's judgment on the employee's lawsuit, which alleges that the police department's supervisor discriminated against the employee because he is Vietnamese, including by criticizing his accent. The appellate court incorrectly determined that the employee did not establish his employment discrimination claim as there was evidence that the supervisor fired the employee because of his recorded conduct, and none of the evidence indicated that the employee was argumentative or confrontational. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: July 13, 2023, Case #: SC20669, Categories: Evidence, Employment Discrimination
J. Robinson rules an acoustic hailing device company may pursue contract claims alleging that a former employee violated the company's Proprietary Information and Inventions Agreement for Employees by refusing to turn over accounts, drawings and documents. Although two provisions of the agreement were previously found to be void and unenforceable, that does not make the entire agreement void. The agreement includes a severability clause explaining that if one provision is found to be void, it will not affect the other provisions of the agreement.
Court: USDC Southern District of California, Judge: Robinson, Filed On: July 7, 2023, Case #: 3:22cv152, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Robinson affirms a lower court ruling terminating the parental rights of a mother who argues that the trial justice erred by ruling that state welfare officials made reasonable efforts facilitate reunification between her and her child, specifically during a time when the mother was committed to a mental health facility. “While we acknowledge the significant mental health issues involved in this case, we are convinced that the trial justice did not err in determining that [the mother’s] parental rights should be terminated.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 30, 2023, Case #: 22-77, Categories: Evidence, Family Law
J. Robinson affirms a trial justice’s conviction of a defendant for sexual assault, holding that she did not commit reversible error by allowing a nurse’s testimony regarding the incident as related to the nurse by the alleged victim. Regarding a portion of the nurse’s testimony that the lower court erroneously admitted into evidence, the high court ruling agreed that the error was “harmless beyond a reasonable doubt” considering the accumulation of evidence against the defendant. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 30, 2023, Case #: No. 21-216 , Categories: Evidence, Jury, Assault
J. Robinson grants a medical service provider's motion to compel arbitration concerning a clinical practice consultant's request for religious exemption from the Covid-19 vaccine. Although the consultant has established a low degree of procedural unconscionability, she has failed to show a high degree of substantive unconscionability, and has therefore failed to prove that the arbitration agreement is unconscionable.
Court: USDC Southern District of California, Judge: Robinson, Filed On: June 29, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Covid-19
J. Robinson finds that defendant was properly convicted of domestic abuse battery-third offense. The record shows that defendant knowingly entered into the guilty plea, and the evidence shows that defendant had been drinking all day and that a verbal confrontation had turned physical with the victim. Further, after defendant was arrested, he threatened physical harm and even death to the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: June 28, 2023, Case #: 55,135-KA, Categories: Plea, Domestic Violence