216 results for 'judge:"Brown"'.
J. Brown finds that the trial court properly denied an anti-SLAPP motion that was filed in response to a student's complaint for defamation, harassment, invasion of privacy and other claims. The student sued after his ex-girlfriend's emails got his acceptance to Dartmouth College rescinded. The focus of the emails was not a qualifying issue of public interest and did not further any public conversation on an issue of public interest. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 30, 2023, Case #: A165224, Categories: Anti-slapp, Defamation
J. Brown finds the circuit court properly terminated the parent's parental rights to their three minor children. The children were removed after the parents were arrested on multiple drug charges and the family's home, filled with feces and trash, was found to be a health hazard. Furthermore, the parents failed to present themselves for drug testing. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 29, 2023, Case #: CV-23-253, Categories: Evidence, Family Law, Guardianship
J. Brown finds that the trial court properly upheld the suspension of a driver's license for driving with too high a blood-alcohol concentration. A blood draw that was not properly supervised and did not follow the statutory procedure was rebuttable but other foundational evidence supported its results. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 29, 2023, Case #: A165289, Categories: Licensing
J. Brown finds that the trial court improperly ruled in negligence claims brought against a Muncie bar called Cheers because the bar and its employees did not have a duty to protect plaintiff from being attacked after he grabbed a woman between the thighs, and evidence indicates bar staff attended to him after he was thrown to the ground by another man. Reversed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: November 29, 2023, Case #: 23A-CT-683, Categories: Negligence
J. Brown finds that the trial court mishandled the jury instructions in a personal injury case brought by two firefighters who were injured on the job.
Defendant's counsel misled the jury about the level of inherent risk that firefighters assume and the trial court's curative advisory was insufficient, so a new trial is required. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 29, 2023, Case #: A164441, Categories: Jury, Negligence
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J. Brown finds that the district court should not have granted a prospective employer's exception of no cause of action on an employee's claims that the prospective employer improperly rescinded its job offer after an investigation was opened regarding the employee's alleged theft of property from her former employer. The record shows that after the employee was offered and accepted employment with the prospective employer, she submitted a formal letter of resignation to her former employer. The employee was left unemployed for several months after the prospective employer did not hire her. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 27, 2023, Case #: 2023-CA-0331, Categories: Employment, Contract
J. Brown finds the lower court properly granted the city's motion to dismiss wrongful death claims filed by the family of the girl killed when she was struck by a vehicle while streetlights were not working. The family's lawsuit against the driver of the vehicle precluded any additional suits under Colorado's Wrongful Death Act. The Act allows for one civil action to recover damages for the wrongful death of an individual, and while the family settled and dismissed the suit against the driver, that settlement resulted in damages for the actions that led to the girl's death and, therefore, constituted a civil action. Affirmed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: November 22, 2023, Case #: 2023COA111, Categories: Civil Procedure, Wrongful Death
J. Brown denies remand to a private landowner in coastal Louisiana that seeks to evict a natural gas pipeline company and removal of its pipelines after a 20-year lease agreement expired. The 15,000-acre landowner, which also issues annual fishing and hunting permits, unsuccessfully argues that because the tenant’s annual rent was only $2,500, it would take 30 years of nonpayment of rent to reach the $75,000 minimum for federal jurisdiction. The ruling finds the landowner’s proposed annual rent of $6,000 with periodic increases is more appropriate; raising the disputed minimum of the 20-year lease to at least $120,000. The energy company says it would cost at least $75,000 to remove its pipelines and equipment.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 16, 2023, Case #: 2:23cv04989, NOS: Rent Lease & Ejectment - Real Property, Categories: Energy, Landlord Tenant, Jurisdiction
J. Brown finds the circuit court properly terminated the mother's parental rights. The child was originally removed after the mother was arrested for several drug offenses while driving under the influence with the child in the vehicle, unrestrained. The mother only partially complied during the pendency of the case, tested positive for drugs and had at least four other arrests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 15, 2023, Case #: CV-23-359, Categories: Evidence, Family Law, Guardianship
J. Brown denies defendant's motion for post-conviction relief because he failed to file his application for post-conviction relief before the two-year prescriptive period. Further, defendant did not allege any claims that fall within the exception to the prescription period.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 14, 2023, Case #: 2023-K-0673, Categories: Criminal Procedure
J. Gooden Brown finds that the trial court improperly held that bonds should have been credited toward the estate's divorce settlement obligation in probate proceedings because state law should not have been applied to the disposition of bonds, and, under federal law, treasury bonds are not transferable unless they are modified by the original owner. Reversed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: November 14, 2023, Case #: A-2944-21, Categories: Settlements, Wills / Probate
J. Brown finds the circuit court properly found the jury pool member guilty of indirect criminal contempt for failure to appear. When he was ordered to appear to show cause as to why he should not be held in contempt, he again failed to appear. After his arrest, at a hearing, he stated that he did not want to wear a face mask due to a medical condition, clarifying that he had called the court to explain that he was a truck driver who kept irregular hours. The case coordinator on the call told him he failed to provide the clerk’s office with his unavailable dates in advance and was still ordered to be present. The coordinator stated that he then hung up on her. In a later email, he stated that he is “free person ... not asking to be on this jury.” Defendant was at all times aware that the state’s witnesses were members of the court staff and raised no objection. He fails to demonstrate that he was prejudiced by the court’s denial of his motion for new trial based on the judge’s failure to recuse. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 8, 2023, Case #: CR-23-179, Categories: Evidence, Judiciary, Contempt
J. Brown finds that a property owner is entitled to amend his petition and raise a facial constitutionality challenge to the 2008 amended tax sale regime because there have been no cases that have presented a constitutionality challenge to the statute. Therefore, the property owner's application for rehearing is granted for the sole purpose of allowing him an opportunity to amend his petition in an attempt to remove the objection to the exception of no cause of action.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 7, 2023, Case #: 2023-C-0491, Categories: Civil Procedure
J. Jolivette Brown grants summary judgment to an insurance company and against the owner of an aircraft on his breach of contract claim, arising from hurricane damage to his plane which crashed three months later while en route to scheduled repairs from the storm, destroying the aircraft and killing the pilot. The insurer successfully argued it paid the plane’s owner the full policy amount of $65,000, the agreed value of the aircraft, following the crash. The owner does not dispute that additional payment for the hurricane’s damages to the aircraft would constitute impermissible double recovery. The ruling does not address the plane owner’s additional claims of negligence, bad faith or breached duties as the insurer’s request is limited only to further payment for property damage to the aircraft under its policy.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: November 7, 2023, Case #: 2:23cv678, NOS: Insurance - Contract, Categories: Insurance, Property, Aviation
J. Brown finds that defendant was properly resentenced to concurrent sentences of ten years on one count of cruelty to a juvenile and ten years on one count of sexual battery. The victim testified to defendant, her step-grandfather, physically, sexually and emotionally abusing her from the age of twelve until sixteen and ran away after defendant threatened to have sex with her in 2017. The district court determined that defendant used his position of power to commit the crimes and caused the victim significant damage, both during the commission of the crimes and for the rest of her life. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 3, 2023, Case #: 2023-KA-0350, Categories: Sentencing, Sex Offender
J. Brown declines to dismiss fraud claims stemming from a dispute over the "trade" of a motorhome and a boat. The parties agreed to sell each other the motor home and boat at factory dealer costs so that neither party was making a sales profit on the transaction. The boat purchaser sufficiently alleges that the boat seller fabricated invoices to inflate the factory dealer cost of the boat so that they could make a profit.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 2, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Brown finds the county court properly extended an order of protection against the ex-husband. The original order was sought by the ex-wife on allegations that the ex-husband had thrown objects at her head, choked her and had pulled her around by the hair. The ex-wife indicated that she was afraid due his instability and threats and showing up unexpectedly at her and her friend’s residences “in disguise.” The request for the order of protection was granted based also on evidence of the ex-husband’s other ex-wife and attorney winning orders of protection against him as well as great amounts of other evidence. All evidence supports the extension. Defendant does not point to evidence in the record showing that the court did not consider evidence calling the ex-wife’s credibility into question. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CV-22-618, Categories: Evidence, Restraining Order
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: Evidence, Battery, Jury Instructions
J. Brown finds that the trial court properly granted the church's motion for declaratory judgment in an action brought by the railroad company arising from a dispute over a strip of land that sits on a railroad spur track. The trial court correctly found that the church acquired fee simple title to the property underlying the spur by deed. However, the trial court incorrectly entered a permanent injunction in the church's favor ordering the railroad company to remove the spur track. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 27, 2023, Case #: A23A1021, Categories: Property, Injunction
J. Brown finds that the district court properly denied defendant's application for post-conviction relief on his claim that the jury's verdict was not unanimous. In this case, based on the review of jury polling slips, the district court determined the jury was unanimous and defendant was not entitled to relief. Further, it was within the district court’s discretion to deny the application for post-conviction relief without first receiving an answer from the state. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 26, 2023, Case #: 2023-K-0643, Categories: Jury, Robbery
J. Brown denies the insurance companies' motion to exclude the insurer's untimely identified medical expert in her complaint seeking recovery for injuries and property damages she allegedly sustained in a motor vehicle collision. Because the insured has not yet reached maximum medical recovery, a brief continuance of the pre-trial deadlines and trial date is appropriate to allow her to complete her medical treatment, reach maximum medical recovery, and for the parties to complete discovery on damages.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: October 25, 2023, Case #: 2:22cv2969, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Experts, Discovery
J. Brown finds that the probate court properly denied the widow's petition for a year's support after the death of her husband. The probate court correctly counted $100,000 in life insurance proceeds as the widow's income and as support which was available to her in the year following the husband's death. The probate court therefore properly found that the widow failed to show that an award of the marital home is necessary for a year's support. The support available to the widow, including a Social Security payment and her income working in food delivery, exceeds her expenses. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 19, 2023, Case #: A23A0923, Categories: Wills / Probate
J. Brown finds the county court properly entered the post-divorce order requiring the father to pay 25% of his bonuses but not his commissions and crediting payments made directly to the mother against arrearage. Because payments made were in accordance with court-ordered child support, they were not voluntary payments for which the father is not entitled to credit. And though the wife did not prevail on all matters, the court’s award of attorney fees to her is not an abuse of discretion. The husband offers no support for his claim that the award was related to the difference between the parties’ income. Affirmed on direct and cross appeal.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 18, 2023, Case #: CV-21-503, Categories: Family Law, Attorney Fees, Contract
J. Brown finds that the trial court properly convicted defendant of child molestation. Defendant's trial counsel waived his objection to an alleged continuing witness rule violation. The trial court therefore did not violate the continuing witness rule when it allowed a nine-page medical report created by the pediatrician who examined the child victim to go out with the jury during deliberations. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 11, 2023, Case #: A23A1393, Categories: Sex Offender, Child Victims