81 results for 'judge:"Thompson "'.
J. Thompson vacates, in part, the Office of Administrative Hearings' order finding a worker was an employee of a shea butter importer, rather than an independent contractor. Evidence indicates the individual provided services both as an employee and as an independent contractor. Vacated in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: September 7, 2023, Case #: 22-AA-0225 , Categories: Employment, Labor
J. Thompson finds that the trial court should not have ordered the return of 49 signatures from the recall petition for the Mayor of Jonesboro from office. In this case, the Registrar of Voters testified that she rejected the 49 signatures for not matching, and plaintiffs did not present independent witness testimony verifying the validity of the signatures. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: August 29, 2023, Case #: 55,513-CA, Categories: Civil Procedure, Elections
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J. Thompson finds that the trial court properly dismissed the couple's action against the health care providers brought under a theory of intentional tort and alleging that the wife's brain surgery and subsequent medical treatment left her with permanent injuries including quadriparesis. The trial court correctly found that the couple's claims sound in medical malpractice and are premature until they have been reviewed by a medical review panel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: August 9, 2023, Case #: 55,130-CA, Categories: Medical Malpractice
J. Thompson finds that the trial court properly convicted defendant of second degree murder and being a felon in possession of a firearm. The trial court correctly sentenced defendant to life imprisonment and 18 years at hard labor. Sufficient evidence was presented to support defendant's murder conviction and to allow the jury to find that defendant was not acting in self-defense when he killed the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: August 9, 2023, Case #: 55,254-KA, Categories: Firearms, Murder
J. Thompson denies in part the police officers' motion to dismiss, ruling that the complaint makes sufficient allegations against officers Owens and Deida to support civil rights claims, and so the first cause of action will proceed against those two officers. However, because the Milford Police Department is not a legal entity with the capacity to be sued, all of the claims against it must be dismissed.
Court: USDC Connecticut, Judge: Thompson, Filed On: August 1, 2023, Case #: 3:22cv1177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Thompson denies the former employer's motion to amend its complaint and add the former employee's current employer as a defendant, ruling none of the conduct alleged in the complaint regarding the current employer's plan to convince the employee to violate his noncompete agreement occurred in Connecticut and, therefore, this court lacks jurisdiction over the company.
Court: USDC Connecticut, Judge: Thompson, Filed On: July 31, 2023, Case #: 3:22cv1494, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract
J. Thompson finds that the lower court improperly modified the child custody arrangement and awarded the parties "joint legal custody and joint physical custody of the child." The lower court does not indicate which standard it utilized. Accordingly, the court cannot assess whether the lower court "properly applied the McLendon standard to the facts." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: July 28, 2023, Case #: CL-2022-1010, Categories: Civil Procedure, Family Law
J. Thompson partially grants the husband's petition for a writ of mandamus, in which he challenges the denial of his request for a court reporter in the underlying divorce proceeding. The petition is not moot, as the wife argues. Further, the lower court erred by denying his request for an official court reporter for the final hearing.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: July 14, 2023, Case #: CL-2023-0308, Categories: Civil Procedure, Family Law
J. Thompson finds that the trial court should not have denied a casino's motion for summary judgment on a trip and fall claim, in which a patron tripped over a wheel stop in the casino parking lot. While the photos of the wheel stop show that it was close to the passenger side door of the patron's car, the photos also show that the patron's daughter improperly parked in the loading zone. Further, the wheel stop was apparent because it was painted yellow and set within a loading zone having white and blue stripes. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: June 28, 2023, Case #: 55,064-CW, Categories: Evidence, Negligence
J. Dickerson finds that defendant was properly sentenced to 62 years at hard labor on his conviction for armed robbery and adjudication as a habitual offender. Defendant's sentence is a midrange sentence as a habitual offender with a crime of violence. Further, the record shows that defendant had an extensive criminal history dating back to 1999. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: June 28, 2023, Case #: 55,088-KA, Categories: Robbery, Sentencing