102 results for 'judge:"Kelly"'.
J. Kelly finds the United States Department of Commerce properly classified suspension losses associated with the antidumping duty of welded line pipe from the Republic of Korea. The Department properly identified the period of time in which production was suspended, and that the costs associated with the shutdown should be classified as general and administrative costs rather than the cost of goods sold, as accounted by the manufacturer. Affirmed.
Court: Court of International Trade, Judge: Kelly, Filed On: July 14, 2023, Case #: 23-103, Categories: Commerce, Trade
J. Kelly finds that the lower court improperly in part sentenced defendant regarding a series of tax-related crimes. The lower court imposed a series of conditions on defendant's sentence. While the mandatory conditions of supervised release are valid components, the lower court went too far by adding 14 discretionary conditions to the release and there is conflict between his oral sentence and the written judgment that needs to be resolved. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: June 23, 2023, Case #: 22-4053, Categories: Sentencing, Tax
J. Kelly finds the lower court improperly granted a city’s plea to the jurisdiction in this matter of negligence. A worker was struck and injured by a golf ball while she worked at a restaurant located on a golf course owned by the city. The worker sued the city for negligence. The lower court granted the city’s plea to the jurisdiction on grounds that it had governmental immunity, but the instant court finds the city did not conclusively prove their claims were barred by sovereign immunity, and the worker is entitled to replead. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: June 8, 2023, Case #: 01-22-00452-CV, Categories: Government, Immunity, Negligence
J. Kelly finds the lower court properly terminated the parental rights of a father to his minor child on grounds of endangering environment, endangering conduct, and that it is in the best interest of the child. The child was removed from her mother’s care due to the mother’s mental health, and the father is incarcerated for aggravated robbery with a deadly weapon and is not eligible for potential release until 2028. Evidence is sufficient to support the lower court’s decision to terminate the father’s parental rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: June 8, 2023, Case #: 01-22-00964-CV, Categories: Family Law
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J. Kelly finds a lower court properly ruled in favor of an insurance company on a diner's contract and implied covenant of good faith and fair dealing claims. The owner of the diner argued that the insurance company violated a policy by seeking subrogation reimbursement from two other insurers after a driver crashed his car into the establishment, which resulted in lost income. However, the owner of the diner did not suffer any damages when the insurance company sent a request to the driver's insurer, or for its failure to follow contracted procedures when it paid out damages for property damage and income losses. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 21-2956, Categories: Insurance, Property
J. Kelly finds a lower court properly denied a defendant’s motion to suppress evidence in court. The defendant, who pleaded guilty to possessing a firearm as a convicted felon, argued that a handgun found in in his jacket while he was in the emergency room for a gunshot wound should have been tossed out as evidence. However, while the defendant was experiencing a life-threatening injury, a protection officer located a weapon in his pocket while attempting to get him in a recumbent position. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 22-2282, Categories: Evidence, Firearms
J. Kelly finds a lower court properly denied a group of Arkansas officials’ motion to dismiss a prisoner’s civil rights claims. The officials argued that they are entitled to qualified immunity and that the defendant does not qualify for relief under the state’s DNA testing statute. However, the defendant, who is Black and set to be executed, presented sufficient evidence in court that DNA testing may reveal that the actual perpetrator was white. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 5, 2023, Case #: 22-1922, Categories: Civil Rights, Constitution, Immunity
J. Kelly finds a lower court properly dismissed the government's "seaman's manslaughter" claims against a tourism duck boat. The government argued that the operators of the duck boat were grossly negligent when they failed to prevent the vessel from sinking, which resulted in the death of 17 people. However, the duck boat operators sufficiently showed that the lower court's admiralty jurisdiction does not extend to the lake because it is not navigable as a matter of law. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 30, 2023, Case #: 20-3671, Categories: Admiralty, Negligence, Wrongful Death
J. Kelly finds a lower court properly granted summary judgment in favor of the government on Fair Housing Act claims against a landlord. The landlord argued that the lower court erred in imposing punitive damages. However, the government sufficiently showed in court that the landlord violated the FHA by imposing different lease agreements based on familial status, and for evicting an unmarried couple who had a newborn baby. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 19, 2023, Case #: 22-1444, Categories: Landlord Tenant, Housing, Contract