103 results for 'judge:"Robinson "'.
J. Robinson affirms a trial justice���s conviction of a defendant for sexual assault, holding that she did not commit reversible error by allowing a nurse���s testimony regarding the incident as related to the nurse by the alleged victim. Regarding a portion of the nurse���s testimony that the lower court erroneously admitted into evidence, the high court ruling agreed that the error was ���harmless beyond a reasonable doubt��� considering the accumulation of evidence against the defendant. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 30, 2023, Case #: No. 21-216 , Categories: Evidence, Jury, Assault
J. Robinson grants a medical service provider's motion to compel arbitration concerning a clinical practice consultant's request for religious exemption from the Covid-19 vaccine. Although the consultant has established a low degree of procedural unconscionability, she has failed to show a high degree of substantive unconscionability, and has therefore failed to prove that the arbitration agreement is unconscionable.
Court: USDC Southern District of California, Judge: Robinson, Filed On: June 29, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Covid-19
J. Robinson finds that defendant was properly convicted of domestic abuse battery-third offense. The record shows that defendant knowingly entered into the guilty plea, and the evidence shows that defendant had been drinking all day and that a verbal confrontation had turned physical with the victim. Further, after defendant was arrested, he threatened physical harm and even death to the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: June 28, 2023, Case #: 55,135-KA, Categories: Plea, Domestic Violence
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
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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
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