105 results for 'judge:"Robinson"'.
J. Robinson finds the appeals court erroneously upheld the benefits commissioner's decision to award the firefighter workers' compensation benefits for heart disease. The commissioner failed to establish the firefighter qualified as a member of the retirement program, a term that is expressly defined in the relevant statutes as an individual employed on a full or part-time basis. The firefighter failed to establish the number of hours he worked in a standard week while employed on a part-time basis, and because he was not employed full-time until after the cutoff date for heart and blood pressure benefits, he was not entitled to the benefits. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: June 20, 2023, Case #: SC20630, Categories: Employment, Evidence, Workers' Compensation
J. Robinson affirms a lower court ruling dismissing medical malpractice claims against a hospital by a patient who claims a surgeon improperly placed hardware in his spine. The patient failed to provide expert testimony evidencing any causal link between the surgeon’s alleged breach of the standard of care and the patient’s alleged injuries. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 15, 2023, Case #: No. 22-235 , Categories: Evidence, Health Care, Medical Malpractice
J. Robinson vacates a lower court ruling in favor of Verizon New England, dismissing a consumer’s fraud and contract claims that the phone company should not have continued charging him until 2021 for a burglar alarm linking his residence to the Barrington Police station, after the station was demolished some time in the 2000s. Conflicting statements on when exactly the service line terminated and when the station was demolished reflect genuinely disputed issues of material fact. Vacated.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 13, 2023, Case #: 2022-32-A, Categories: Communications, Evidence, Contract
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J. Robinson grants an agricultural technology company's motion to transfer contract claims against a commodities trading firm, which has one employee, to the U.S. District Court of Massachusetts. The company sufficiently showed that the lawsuit is not an exceptional case, and that the forum is not inconvenient.
Court: USDC Kansas, Judge: Robinson, Filed On: June 9, 2023, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Robinson finds that the Office of Administrative Hearings ruled improperly in this disputed tax case. The Department of Revenue correctly determined the cell phone retailer failed to collect and remit sales tax for “Real Time Replenishments.” Reversed.
Court: North Carolina Business Court, Judge: Robinson, Filed On: June 2, 2023, Case #: 2023 NCBC 39, Categories: Tax
J. Robinson finds that the trial court properly found for a defendant driver on plaintiff driver's car collision claim. In this case, the trial judge found the defendant driver's version of the events, that he came to a complete stop at the intersection before moving into the intersection on a green arrow, to be more credible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 24, 2023, Case #: 54,953-CA, Categories: Evidence, Negligence
J. Robinson finds that defendant was properly convicted of manslaughter, aggravated battery, possession of marijuana, and attempted possession with intent to distribute a controlled dangerous substance. Alleged favorable testimony from a co-defendant was properly determined to not warrant a new trial because there was sufficient evidence for the jury to find defendant guilty of the responsive verdict of manslaughter regardless of whether the co-defendant's grand jury testimony was considered. While the co-defendant's testimony may have helped the trier of fact understand the sequence of events that led to the victim being shot, it was not necessarily favorable to defendant. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 22, 2023, Case #: 54,970-KA, Categories: Evidence, Manslaughter
J. Robinson rules an estate administrator may pursue contract claims against an insurance company concerning the death of her her husband in an aircraft crash. The estate administrator sufficiently showed that an insurance policy was in full force at the time of the crash.
Court: USDC Kansas, Judge: Robinson, Filed On: May 19, 2023, Case #: 5:22cv4046, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Robinson finds that the trial court properly found for the defendant driver in a suit stemming from a car accident between two vehicles at an intersection controlled by traffic lights. The judge found the defendant driver's version of the events more credible when he testified that he came to a complete stop before moving into the intersection on a green arrow. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: May 10, 2023, Case #: 54,953-CA, Categories: Evidence, Negligence
J. Robinson finds that judgment was improperly entered for the Union Cemetery Burial Society of North Smithfield concerning use of small portions of land that abut defendants' property, which is located on the same plat as the lot belonging to Union Cemetery, because defendants demonstrated "actual, continuous, open, and notorious use" by, for example, presenting unrebutted testimony that defendant tended to the lot by mowing, putting down fertilizer, and cutting trees, as well as unrebutted testimony that defendant and his family had been using both encroachments for the past few decades.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 10, 2023, Case #: 20-182, Categories: Property
J. Eldridge finds that defendant properly pleaded guilty to two sex offenses involving victims under the age of 13. The record shows that defendant voluntarily and knowingly pled guilty to the two amended counts and that the plea colloquy was valid under Boykin. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 10, 2023, Case #: 55,019-KA, Categories: Sex Offender, Plea
J. Robinson declines to dismiss Advanta-Star Automotive Research's copyright infringement claim against its competitor based on reviews made by both companies comparing the 2019 Ford Transit Connect and the 2019 Nissan NV200. Advanta-Star's comparisons "possess the requisite degree of creativity to qualify for protection." Numerous sentences and paragraphs in the competitor's comparisons of the Ford Transit and the Nissan "are copied verbatim" from Advanta-Star's work, and the information is presented "in a markedly similar way."
Court: USDC Southern District of California, Judge: Robinson, Filed On: May 9, 2023, Case #: 3:22cv1186, NOS: Copyrights - Property Rights, Categories: Copyright