216 results for 'judge:"Brown"'.
J. Brown finds a lower court properly imposed a father's obligation to pay child support. The father argued that the lower court erred in imposing extra monetary relief based on an agreement he had with his former spouse. However, the mother is entitled to support based on her sole decision making status, which entitles her to $998 per month. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-451 FC, Categories: Family Law
J. Brown finds a lower court properly dismissed a father's challenge to a ruling in favor of his ex-wife. The father argued that the lower court erred in imposing unpaid child support. However, the ex-wife presented sufficient evidence in court that he failed to pay interest on his legal obligation to support the child. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-541, Categories: Family Law
J. Brown finds that the district court should not have determined that a hospital was not the statutory employer of a parking lot cashier under the management agreement between the hospital and parking company. The statutory employer relationship between the hospital and parking company was valid, and the hospital and parking company were to be liable jointly and in solido to pay workers’ compensation benefits. Further, accessible and dedicated parking is an essential part of the hospital's ability to provide service and care for its patients. Therefore, the cashier's tort injury claim against the hospital is dismissed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 5, 2023, Case #: 2023-C-0494, Categories: Employment, Tort
J. Brown finds that the trial court properly ruled in favor of the neighbor in a declaratory judgment action brought by an individual to establish an easement for a sewer line on the neighbor's property. There are no genuine issues of fact as to whether the individual has an easement by prescription for the original sewer line which was disconnected. The individual cannot show that her possession of the original underground sewer line on the neighbor's land was public under the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 4, 2023, Case #: A23A1068, Categories: Property
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J. Brown finds the circuit court properly extended a protective order against the boyfriend. The girlfriend has stated that the boyfriend has a history of domestic abuse, including an arrest. She reported that he started being physically, verbally and mentally abusive to her, threatened to kill himself if she tried to leave him, and has threatened to wreck his car and kill them both. He also punched her, pulled her hair and threw shotgun shells and hit her in the face. He does not contest that there was sufficient evidence to support the extension, but there was no testimony that his son witnessed or was victim to the violence, or that he was ever in fear of harm from his father. The court’s order of protection as to the son was erroneous. Affirmed in part. Reversed and dismissed in part.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 4, 2023, Case #: CV-22-490, Categories: Evidence, Assault, Restraining Order
[Consolidated.] J. Brown finds that the district court properly found for a tax sale purchaser, recognizing it as the 100% owner of the parties' disputed property. In this case, the tax sale purchaser admitted a certified copy of the tax sale certificate that reflected ownership of the property. Further, the original owner's claim that she initiated redemption of the property when she entered into a bankruptcy plan and made payments through that plan was not supported by evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 3, 2023, Case #: 2023-CA-0104, Categories: Evidence, Property
[Consolidated.] J. Brown dismisses the appeal because the district court did not properly hold a hearing on a wife's motion to set aside the judgment to make past due rent executory, to make judgments executory and for access to the matrimonial domicile. Therefore, the wife's appeal of the judgment is premature, and this court does not have jurisdiction.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 3, 2023, Case #: 2023-CA-0132, Categories: Civil Procedure, Family Law, Contract
J. Brown issues a sharp rebuke of a property developer’s attempt to ascribe discriminatory animus to a village’s actions and dismisses its takings, discrimination, conspiracy and equitable relief claims. The developer alleges officials for a village on Long Island, along with a local property association, conspired to prevent the developer from using its 10-acre property for use as a filming location in connection with Showtime productions due to its associations with a Southeast Asian religious retreat as well as a Southeast Asian investor. Its claims rooted in discrimination and conspiracy fail for two reasons: the investor is not an actual member of the developer, thus the company lacks standing to claim it was discriminated against, and the complaint fails to allege a meeting of the minds. Its takings claim also fails because they are not prevented from using the property in other ways or simply selling it. The only claim to survive is its Fourth Amendment illegal search claim, finding it sufficiently alleges a building inspector entered the property without permission.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 29, 2023, Case #: 2:22cv3303, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property
[Consolidated.] J. Brown finds that a property buyer's writ application for supervisory review should not have been granted by this court because it was procedurally improper. In this case, the defendants were dismissed from the suit and the judgment was final. Therefore, the proper method of seeking review by this court is through appeal.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: September 29, 2023, Case #: 2023-CA-0063, Categories: Civil Procedure, Property
J. Brown dismisses a nurse's sexual harassment, discrimination and other claims against a healthcare company and doctor. She fails to show the hospital knew of the alleged harassment, that she suffered an adverse employment action and she failed to state a claim against the doctor.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 28, 2023, Case #: 3:22cv2729, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Employment Discrimination
J. Brown finds that the trial court improperly denied the individual's motion to set aside a default judgment granted to the condo association in an action against the individual for past due assessments and late charges. There was no evidence that the notice of publication of service, publication order and complaint were actually mailed to the individual by the clerk of court in accordance with the statute. The trial court incorrectly found that the individual's motion was moot. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 28, 2023, Case #: A23A1088, Categories: Civil Procedure
J. Brown finds that the county court properly denied the grandmother's request for placement, guardianship, or adoption of her daughter's child after a parental rights termination. The court properly considered relative placement, but the child's mother lives in the grandmother's home, bringing continued drug use and environmental factors into play. Also, the grandmother allowed men to live with her who had sexually abused her daughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CV-23-149, Categories: Family Law, Guardianship
J. Brown finds that the trial court properly convicted defendant for first-degree murder and battery arising from a dispute over a gun purchase. Defendant's argument that the state failed to prove that he shot the victims on purpose is without merit. Witnesses testified that defendant was angry and had punched a wall. They also testified to seeing him load the gun and place it in his waistband. He shot one of the victims in the head at close range, and shot the other victim twice in the back as he fled. All evidence supports the finding of purposefulness. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CR-22-775, Categories: Intent, Murder, Battery
J. Brown finds that the trial court improperly refused to find in favor of the restaurant in a premises liability and negligence action brought by the individual after he slipped and fell on paper towels. The individual failed to show that he lacked knowledge of the hazard represented by the paper towels on the bathroom floor. The individual successfully walked through the area with the paper towels on his way into the bathroom and the condition of the area was the same when he walked out. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 22, 2023, Case #: A23A1192, Categories: Negligence, Premises Liability
J. Brown partially rules in favor of the government in a civil rights action as to the individual's claims for false imprisonment, negligence, false arrest and intentional infliction of emotional distress. The action arose after Customs and Border Protection officers allegedly used excessive force and illegally detained the individual during an inspection at the Atlanta airport. The Federal Tort Claims Act carve-out proviso applies to the individual's tort claims and the customs-duty exception to the Act is therefore inapplicable. Genuine issues of fact exist as to whether the officer violated the Fourth Amendment by using excessive force against the individual. The case is ordered to mediation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: September 22, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct
J. Brown refuses to remand an insurance dispute, ruling complete diversity exists between the properly joined parties and, thus, the district court has jurisdiction.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 22, 2023, Case #: 3:22cv2774, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Brown grants a car auction company's request to join its New York-based subsidiary as a necessary party to the complaint and subsequently dismisses a tow truck driver's class action New York Labor Law complaint alleging he was paid on a biweekly basis and that the company made unlawful deductions from his pay. The court finds the vast majority of the proposed class members currently live in the state of New York; thus it declines to exercise jurisdiction over their claims under the Local Controversy Exception of the Class Action Fairness Act.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:22cv1257, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Brown grants a motion to recover attorney's fees and costs to a group of litigants who prevailed on their claims alleging New York State's Covid-19 Emergency Eviction and Foreclosure Prevention Act violated their due process rights. The U.S. Supreme court agreed with their claims and issued an injunction preventing partial enforcement of the law, and afterwards New York State amended the clause to address the court's concerns. The court awards them $377,477 in attorney's fees and $7,251 costs, representing half of what they initially sought.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:21cv2516, NOS: Constitutionality of State Statutes - Other Suits, Categories: Due Process, Attorney Fees
J. Brown finds the circuit court properly entered the divorce decree, denying the husband's motion for a new trial. In the complaint, the wife indicated that she was seeking divorce based on general indignities. She stated that her husband “has severe anger issues which he takes out on [her] and the... children by yelling and screaming...,” that he had threatened physical harm to her family, and that she and the children were in danger. The husband has failed to develop his argument against this, which is limited to three sentences accompanied by citations. However, the court failed to dispose of his counterclaim in the order granting the wife's request for fees, and so the counterclaim is still pending. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 20, 2023, Case #: CV-21-618, Categories: Family Law, Attorney Fees
J. Brown finds that the trial court improperly ruled that an embryo created in preparation for in-vitro fertilization is marital property and awarded custody of the frozen embryo to the wife in the divorce. The trial court incorrectly applied a blended approach and Georgia's equitable division of property doctrine in making its decision instead of looking to the couple's enforceable agreement as to the disposition of the embryo. The couple intended to donate the embryos if they could not agree on disposition in the future, therefore that intention must be honored. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 18, 2023, Case #: A23A0896, Categories: Family Law, Contract
J. Brown finds that the trial court improperly denied the companies' motion to dismiss an assault, battery, conspiracy, negligent hiring, premises liability, emotional distress and invasion of privacy action brought by an individual arising from injuries he suffered in a trip-and-fall incident as he was escorted out of his former place of employment. The individual voluntarily dismissed his first action against one of the companies. The other companies are in privity with that company and were parties to the second voluntarily dismissed action or the instant action. The two-dismissal rule therefore applies. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 13, 2023, Case #: A23A0680, Categories: Negligence, Emotional Distress, Premises Liability
[Consolidated.] J. Gooden Brown finds that the trial court properly barred an expert in child abuse from testifying that shaking alone can cause injuries associated with shaken baby syndrome. Other experts have limited using data to calculate the likelihood of injury, and experts disagree on patterns of hemorrhages in such cases. In one case, accepting the testimony would require the jury to infer defendant harmed the baby even though the state could not explain how defendant had done so. Affirmed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: September 13, 2023, Case #: A-2069-21, Categories: Experts, Child Victims