147 results for 'judge:"Wilson"'.
J. Wilson denies the nonprofit organization's and individuals' petition for review of a final agency action by the Federal Communications Commission delegating authority over the universal service fund to the company, a private entity. The nonprofit claimed the decision violated the private nondelegation doctrine and sought a declaration finding the universal service requirements in the Telecommunications Act unconstitutional. A government agency does not violate the private nondelegation doctrine by delegating statutory authority to private entities as long as the entity functions subordinately to the agency and the agency retains authority over the entity's activities. The company functions subordinately to the FCC and the FCC maintains "deep and meaningful control" over the the company.
Court: 11th Circuit, Judge: Wilson, Filed On: December 14, 2023, Case #: 22-13315, Categories: Communications, Agency
J. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: Administrative Law, Elections
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: Evidence, Murder, Sentencing
J. Wilson finds a lower court properly set aside a defamation judgement brought by a surgeon against a former patient. The surgeon argued that his former patient tarnished his reputation by posting false Yelp reviews online. However, the former laser resurfacing patient sufficiently showed in court that the post did not damage his professional reputation. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 122,400, Categories: Negligence, Defamation
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J. Wilson finds a lower court properly convicted a defendant on charges of felony murder and aggravated criminal sodomy. The defendant, who ingested crack cocaine at the time, argued that his victim's injuries were the result of mouth to mouth resuscitation, and that his expert witness testified that her vaginal injuries were from "simple genital wiping." However, the government presented sufficient evidence in court that he carried out a forcible act when he sodomized and killed his victim using "force or fear." Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 124,992, Categories: Drug Offender, Murder, Experts
J. Wilson finds in favor of Lions Gate against the screenwriter's complaint accusing it of creating and airing a television show called "P-Valley" that infringed on the screenwriter's copyright for her musical stage play, "Soul Kittens Cabaret," as both works are about Black dancers working in a cabaret club. The idea for the play is not unique enough to make it a protected idea and there are no other substantial similarities between the two pieces of work.
Court: USDC Central District of California, Judge: Wilson, Filed On: December 7, 2023, Case #: 2:23cv2147, NOS: Copyrights - Property Rights, Categories: Copyright
J. Wilson finds that defendant was properly convicted of the responsive verdicts of manslaughter and aggravated assault with a firearm stemming from an incident in which he shot the mother of his children and her fiancé. Defendant is not entitled to a new trial based on the exclusion of a potential juror due to her prior felony conviction. Defendant's sentence is amended to delete the denial of his eligibility for parole. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: December 6, 2023, Case #: KA-23-234, Categories: Jury, Assault, Manslaughter
J. Wilson finds that a student proved a school district had been aware of red flags concerning his teacher's behavior around young male schoolchildren but acted with indifference to his safety by allowing the teacher to pull the second grader out of class and bring him to his own middle school classroom, setting the stage for the child to being groomed for sexual assault and, subsequently, to be adopted by the teacher, who also worked for child and youth services. But the the school district is immune from negligence claims because the student failed to allege sexual assaults took place on school property.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: December 1, 2023, Case #: 1:22cv2029, NOS: Education - Civil Rights, Categories: Civil Rights, Immunity, Negligence
J. Wilson finds that the trial court improperly ruled in favor of the accused driver and insurer in a suit stemming from an accident in which a minor was trying to retrieve a ball when she was hit by a car. The evidence creates a genuine issue of material fact regarding the comparative fault of the parties and whether the accused driver was negligent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: November 29, 2023, Case #: CA-23-286, Categories: Civil Procedure, Negligence
J. Wilson finds that defendant was improperly convicted of possessing a weapon without a valid license because counsel requested a jury instruction on temporary possession even though defendant admitted he kept the gun a year after his license expired. Instead, counsel should have raised the defense of voluntary surrender since defendant intended to turn the weapon in for cash under a police buy-back program. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 27, Categories: Ineffective Assistance, Weapons, Jury Instructions
J. Wilson finds that the appellate division should have suppressed title to a Jaguar allegedly given to defendant for helping murder a rival drug dealer after police entered his apartment to arrest him without a warrant because police lacked consent to either enter the building or the apartment itself. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 84, Categories: Evidence, Murder, Search
J. Wilson finds a lower court improperly imposed a felony theft charge on a defendant who failed to remit sales taxes to the government. The government argued that the business owner violated the State's Retailer's Sales Tax Act, which resulted in penalties. However, the defendant sufficiently showed in court that her criminal theft charge should be tossed out based on her failure to engage in "unauthorized control" over the owed taxes. Affirmed in part.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: November 17, 2023, Case #: 123,260, Categories: Theft, Tax
J. Wilson finds that East Stroudsburg University is not protected from accountability for allegedly refusing to expel a resident advisor who raped a 17-year-old freshman by using his master key to forcibly enter her dorm room, where she had barricaded herself to escape his physical abuse. Portions of the complaint were untimely, but the 2019 amendment to the state tolling provision "expanded the existing tolling period that applied to individuals under the age of eighteen bringing civil actions arising from childhood sexual abuse from twelve years after attaining the age of majority to thirty-seven years."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: November 13, 2023, Case #: 3:22cv1690, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
J. Wilson finds that the trial court partly erred in denying the motions to dismiss of the client and media consultant who were sued by an attorney for defamation over an alleged libelous video. The Texas Citizens' Participation Act motions should have been granted in part, for instance with respect to the invasion of privacy claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: October 31, 2023, Case #: 14-22-00724-CV, Categories: Anti-slapp, Defamation, Attorney Fees
J. Wilson finds that the appellate division improperly annulled regulations establishing a familial DNA databank in identifying criminal perpetrators. The familial databank, an outgrowth of the databank that collects DNA from designated convicted offenders and which looks for kinship matches under tightly controlled circumstances, was an addition under state-granted rulemaking authority to the standing commission that established the original databank. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: October 24, 2023, Case #: 70, Categories: Administrative Law, Constitution, Privacy
J. Wilson finds that the trial court properly ruled against the plaintiff non-profit in a dispute involving "nonprofit corporations and women from the state of Anambra in Nigeria engaged in charitable works." The plaintiff non-profit failed to show it was entitled to judgment on its claims, and it inadequately briefed and/or failed to preserve its other issues on appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: October 24, 2023, Case #: 14-22-00184-CV, Categories: Corporations, Fraud, Conversion
J. Wilson vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly ruled the police officers were entitled to qualified immunity from a mechanic’s false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The mechanic was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the mechanic was using intimidation or physical force to intentionally obstruct the officer’s investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: October 20, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct
J. Wilson finds that the trial court properly denied the ex-wife's motion to reopen the community property partition because the ex-husband allegedly did not disclose the existence of a pension plan. The motion was correctly denied based on res judicata since the parties' consent judgment "settled the claim of the parties to any retirement benefits." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 18, 2023, Case #: CA-22-789, Categories: Family Law, Property
[Consolidated.] J. Wilson finds that defendant was properly convicted on two counts of first-degree murder and given consecutive life sentences stemming from the shooting deaths of his wife and stepson. The evidence "overwhelmingly" indicates that the homicides were not done in self-defense. Also, defendant's motion to change venue was properly denied because he did not show there was "an overriding prejudice in the community that affected his right to an impartial jury." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 18, 2023, Case #: KA-23-18, Categories: Evidence, Murder, Self Defense
J. Wilson grants the petition for panel rehearing of this insurance coverage dispute arising out of state litigation involving the strip clubs’ use of models’ likenesses in advertising without their consent. The district court improperly construed the policies at issue as providing coverage. According to the policy, the insurance company has “no duty to defend the insured against any ‘suit’ seeking damages for ‘personal and advertising injury.’” Its duty to indemnify depends on final resolution of the state case. Reversed. Rendered in part, and remanded.
Court: 5th Circuit, Judge: Wilson, Filed On: October 6, 2023, Case #: 22-20473, Categories: Insurance, False Advertising
J. Wilson finds that the district court properly rejected conspiracy and breach of contract claims brought by the superintendent in a wrongful termination and civil rights action against the city board of education and board members. The superintendent failed to sufficiently allege a conspiracy and failed to plead an exception to sovereign immunity with respect to the contract claims. However, the district court improperly dismissed the superintendent's due process claim. The district court incorrectly interpreted ambiguities in the minutes of the meeting where board members voted to terminate the superintendent's contract and failed to draw reasonable inferences in her favor. Reversed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 4, 2023, Case #: 22-10858, Categories: Employment, Due Process, Contract
J. Wilson finds that the trial court properly ruled in favor of the homeowners in a breach of contract suit over the insurer's mishandling of hurricane damages claims. Evidence supports the finding that the insurer's payments were not timely, and its argument that the jury was incorrectly instructed was not preserved for review. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 4, 2023, Case #: CA-22-634, Categories: Insurance, Jury, Contract
J. Wilson finds the district court properly dismissed the improperly joined, nondiverse defendant strictly on the basis of admiralty jurisdiction. The marine towing company whose towing line was broken due to the wake of a passing cruise ship was improperly joined as a defendant in the state court petition. When Royal Carribbean Cruises removed the case to federal court, the district court properly dismissed the towing company, disregarded its citizenship and denied the wounded sailor’s motion to remand. Once the towing company was dismissed and no defendants remained, the district court properly severed and dismissed the state petition.
Court: 5th Circuit, Judge: Wilson, Filed On: October 2, 2023, Case #: 23-30112, Categories: Admiralty, Tort, Jurisdiction
J. Wilson finds the district partially court erred in its summary judgment decision on remanded claims in a property dispute between the city and a Buddhist religious organization seeking to re-zone its property away from residential use to operate a meditation center. The district court should not have granted summary judgment to either party on the organization's claim under the Religious Land Use and Institutionalized Persons Act, as there are too many disputed facts remaining with the organization's substantial burden claim under the Act, so that portion of the district court's order in favor of the city is vacated. The district court properly granted summary judgment to the city on the organization's First Amendment free exercise claim because the city's zoning review process is neutral and generally applicable, so that is upheld, but the summary judgment order for the city on the organization's claim under the Alabama Constitution's Religious Freedom Amendment is overturned because the city has proven no compelling government interest to deny the organization's re-zoning application. Affirmed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 2, 2023, Case #: 22-11674, Categories: Property, Zoning, First Amendment
J. Wilson finds the court lacks jurisdiction in this appeal from a diverted sentence. Defendant entered a no contest plea to sexual battery and received a one-year diverted sentence. Defendant attempted to reserve a certified question of law as to whether there had been a violation of his rights to a speedy trial and due process, but the state argues that the court lacks jurisdiction to hear an appeal from a diverted sentence. Because the diverted sentence results in no judgments of conviction against him, there is no appeal available to defendant and the instant court has no jurisdiction. Dismissed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: September 29, 2023, Case #: M2022-01626-CCA-R3-CD, Categories: Sentencing, Sex Offender, Jurisdiction
J. Wilson finds that the district court properly denied the workers' jury demand in this class action brought against the steel mill alleging that they were laid off in violation of the Worker Adjustment and Retraining Notification Act. The district court’s denial of the jury demand was not appealable and thus merges with the judgment. An issue of material fact about whether the capital management company party to the suit was a single employer with the mill remains, so this question is remanded. The court also properly awarded summary judgment to the mill. Affirmed in part.
Court: 5th Circuit, Judge: Wilson , Filed On: September 27, 2023, Case #: 22-30260, Categories: Civil Rights, Employment
J. Wilson finds that the district court improperly ruled the police officers were entitled to qualified immunity from the individual's false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The individual was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the individual was using intimidation or physical force to intentionally obstruct the officer's investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 26, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct