232 results for 'judge:"Brown "'.
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant���s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, Negligence
J. Brown preserves, in part, a putative class action against the parent company of the Cold Stone Creamery ice cream shops, which allegedly misled consumers into believing its pistachio-flavored ice cream contained actual pistachio nuts. The litigant sufficiently backed up her claims by including documentation showing competitors��� ice cream products contained pistachio nuts, as well as customer surveys showing 85% of those polled expected there to be pistachio nuts in the product. However, she fails to provide similar documentation regarding several other flavors; thus her claims related to those flavors are dismissed.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: May 2, 2024, Case #: 2:22cv7841, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: Evidence, Family Law, Guardianship
J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district���s training of the teacher and principal is adequate and did not lead to the violations of the female students��� rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity, Negligence
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, Dui
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J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: Battery, Domestic Violence, Child Victims
J. Brown finds that the trial court properly ruled in defamation claims stemming from statements made to the chief of the fire department at which plaintiff volunteered about plaintiff's prior arrest for impersonating an officer because plaintiff failed to demonstrate that information in the sheriff's department database, or statements made to his employer about his arrest, had been false. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: April 10, 2024, Case #: 23A-PL-2229, Categories: Employment, Defamation
J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Brown finds the trial court properly convicted defendant for raping his girlfriend's daughter. The victim said she was 10 years old when she first made accusations against him, but she later recanted and was returned home after defendant pressured her. Her aunt then read diary entries detailing events of rape, as well as defendant's having bought her a sex toy. Contrary to defendant's argument, the state is not required to prove specifically when and where each act occurred. Furthermore, certain testimony detailing events that occurred outside Arkansas were properly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 27, 2024, Case #: CR-23-387, Categories: Evidence, Sex Offender, Child Victims
J. Brown reaffirms a jury���s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury���s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Negligence, Jurisdiction
J. Brown finds the trial court improperly excluded DNA evidence in defendant's trial on a single charge of sexual assault of a child. The presence of another individual's DNA on the victim was not protected by the rape shield statute. Defendant did not intend to pursue an alternate suspect theory and claim the victim had sex with another individual, but sought the evidence to rebut the prosecution's theory that defendant's DNA was not found because the victim showered the morning after the assault; therefore, defendant's conviction must be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: March 14, 2024, Case #: 2024COA27, Categories: Dna, Sex Offender, Child Victims
J. Brown finds the circuit court improperly terminated the Cherokee Nation member's parental rights to his minor son. The son was removed from his mother after she threatened to kill herself and him. paternity test revealed the identity of the incarcerated father, and the Cherokee Nation was informed of its right to intervene. Though both parents have not shown progress with their case plans, the evidence shows there were relatives willing to take custody upon approval of home study. The court also erroneously changed the case���s goal to only adoption following termination in contravention of mandates of the Indian Child Welfare act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-642, Categories: Evidence, Native Americans, Guardianship
J. Brown finds the circuit court properly granted the final decree for stepparent adoption. The biological father was convicted on mail fraud charges after the parents divorced. The mother then moved out-of-state with the couple's child and remarried. The biological father's consent to adoption by the stepfather was not required because he had failed without justifiable cause to communicate with the child for a one-year period. The adoption is correctly found to be in the child's best interest. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-172, Categories: Family Law, Guardianship
J. Brown finds the trial court properly convicted defendant for delivery of a controlled substance and maintaining a drug premises. Several controlled buys of drugs from defendant were made by detectives using a confidential informant. Ample evidence supports the convictions, as well as defendant's more than 100-year sentence as a habitual offender. The informant identified defendant as the seller, and defendant's claim the exchange of money not being recorded on a device shows that evidence is lacking is unpersuasive. The informant's testimony does not require corroboration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CR-23-347, Categories: Drug Offender, Evidence