220 results for 'judge:"Brown"'.
[Consolidated.] J. Brown finds that the trial court improperly awarded excess tax sale funds in two interpleader actions brought by a sheriff to pay demolition liens filed by the city on the properties before the tax sale. The city's lien applies only to the real property and it does not have a right to the excess funds based on the statute governing excess tax funds. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: August 25, 2023, Case #: A23A1145, Categories: Property
J. Brown preserves a former assistant corporation counsel’s breach of contract claim brought against the City of Long Beach and several public officials in which he alleges he was a target of political retribution from a local political faction called the New Wave Democrats over separation compensation agreements for exempt employees. The court declines to abstain from exercising its jurisdiction after finding the litigant’s claims are sufficiently distinct from the defendants’ state court claims.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 18, 2023, Case #: 2:21cv7182, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Contract, First Amendment
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J. Brown remands back to New York state courts a total of 43 Child Victims Act lawsuits filed against the Diocese of Rockville Center and various related entities, including the Boy Scouts of America. The cases, which are only a small portion of the total 224 related cases filed against the diocese, had been languishing in legal quagmire after the diocese filed for bankruptcy and subsequently sought to transfer the cases to federal court. The plaintiffs successfully argue the state courts are better prepared to timely resolve their cases.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 10, 2023, Case #: 2:23cv5029, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Venue
J. Brown finds that the trial court properly granted the insurers' joint motion to dismiss a breach of contract action brought by the insured arising from the insurers' refusal to provide coverage for property losses resulting from the Covid-19 pandemic. A majority of courts have rejected similar claims for insurance coverage due to the pandemic. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: August 9, 2023, Case #: A23A0944, Categories: Insurance, Covid-19, Contract
J. Brown declines to grant declaratory relief to an insurer who seeks to be absolved from its duties to defend and indemnify its insureds for their underlying claim for losses stemming from a car crash that occurred on the edge of their front driveway, an incident which has expanded into three separate state court actions in at least two courts. The court finds that, due to a lack of detail provided in the insurer’s complaint, a state court action would be a better remedy for its claims and subsequently dismisses the action.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 3, 2023, Case #: 2:21cv6022, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Indemnification
J. Brown dismisses a former fire chief's First Amendment retaliation claims against a city and a city administrator arising from testimony he provided while in uniform after being subpoenaed in a criminal case against another employee. The First Amendment protection does not apply, as his speech occurred as part of his official duties, and the administrator is entitled to qualified immunity.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: August 1, 2023, Case #: 3:22cv2103, NOS: Employment - Civil Rights, Categories: Employment, Immunity, First Amendment
J. Brown finds that the trial court properly refused to compel a health care provider to disclose a minor patient's records to the minor's personal representative. A personal representative must make a showing that the health care provider withheld the records in bad faith in order to overcome the provider's assertion that disclosure would harm the minor's physical or psychological well-being. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: July 28, 2023, Case #: A163638, Categories: Health Care, Privilege
J. Brown dismisses a trademark infringement suit contesting the use of the name "Ripple" in connection with HR software. It was revealed during discovery that the litigant didn't actually own the rights or interests to the contested trademark, and that it had assigned ownership over to a non-party individual. It subsequently failed to follow court procedure and provide a statement from the trademark's owner stating he would abide by the court's rulings.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 26, 2023, Case #: 2:20cv894, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Brown finds that the district court should not have allowed discovery access to a driver's cell phone records for up to five days after the car accident because the request is overly broad. However, based on the discrepancies contained in the driver's deposition testimony regarding her cell phone, the plaintiff driver's subpoenas for the data related to the phone number is modified for two days after the accident.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 24, 2023, Case #: 2023-C-0429, Categories: Discovery, Contract
J. Brown finds that the trial court properly denied defendant's motion for bail on his indictments charging him with first-degree murder and conspiracy to commit first degree murder, with the state forgoing capital punishment. Although defendant's offense no longer qualifies as capital, since he was charged with murdering a witness in another case, he posed an imminent danger to others connected to this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 21, 2023, Case #: 2023-K-0403, Categories: Murder, Bail
J. Brown finds that the trial court properly convicted defendant of vehicular homicide and DUI. The trial court correctly denied defendant's motion for a new trial. Any error in the jury instructions was invited by defendant because he participated in crafting the charge on vehicular homicide that was given to the jury. Defendant placed his character at issue when he testified that he is a "law-abiding citizen," therefore the state was allowed to introduce evidence of defendant's prior DUI conviction and his admitted cocaine use. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: July 20, 2023, Case #: A23A0922, Categories: Dui, Vehicular Homicide
J. Brown finds that the trial court lacked the authority to enter a restitution order following a theft conviction beyond the 90-day statutory deadline.
The trial court was required to make an express good cause finding before the final restitution hearing in order to extend the deadline, and defendant did not waive the right for a timely restitution order or invite error by requesting extensions beyond the deadline. Vacated.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: July 20, 2023, Case #: 21CA1713, Categories: Theft, Restitution
[Modified.] J. Brown changes one sentence in a previously published opinion with no change in judgment. The trial court must revisit the evidence of a father's income before ruling on his request for modification of child support. And it erred in awarding attorney fees to the mother despite having disregarded evidence about the father's income. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: July 18, 2023, Case #: A163825, Categories: Family Law, Attorney Fees
J. Brown enters judgment in favor of the manufacturer of Arizona Ice Tea on its claims that its insurer provided only partial coverage for the additional costs involved in preparing its annual audit after its corporate headquarters’ software systems suffered a catastrophic data loss and resulted in the permanent loss of data for 2016 and 2017. The court finds the auditing process is considered “usual business operations” pursuant to the insurance policy and the process to restore its systems and complete its revised audit were conducted during a covered restoration period.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 17, 2023, Case #: 2:20cv1537, NOS: Insurance - Contract, Categories: Insurance, Technology
J. Brown finds that the lower court properly convicted defendant of identity fraud when he attempted to cash a check purportedly issued from the account of a lumber company. The state sufficiently proved that the firm was a “person.” Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: July 13, 2023, Case #: A23A0704, Categories: Fraud
J. Brown finds a lower court properly dismissed the Arizona Republican Party's motion to appeal a ruling in favor of a county. The party argued that the State's 2020 voting hand count audit process is defective and inaccurate. However, the county recorder presented sufficient evidence in court that votes are counted via "hand count audit" by party chairs, who then randomly audits polling places. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: July 11, 2023, Case #: 1 CA-CV 21-201, Categories: Elections
J. Jolivette Brown grants a request by a passenger on a fishing vessel to split trial proceedings of his personal injury claims against the owners of three vessels, arising from the boat’s collision with a pipe being towed in an inland waterway of coastal waterway. Bifurcation of the limitation and damages phases of the consolidated cases is proper. That way, if the litigant claims in the limitation is denied he can return to state court to seek damages. Separating the issues of liability and damages would expedite and economize the limitation proceeding, which is aimed at determining whether the litigant’s claims were caused by the negligence of the vessels’ owners or the unseaworthiness of the vessels involved.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: July 7, 2023, Case #: 2:22cv4535, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Tort, Damages
J. Brown holds that the trial court must revisit the evidence of a father's income before ruling on his request for modification of child support. And it erred in awarding attorney fees to the mother despite having disregarded evidence about the father's income. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: June 29, 2023, Case #: A163825, Categories: Family Law, Attorney Fees
J. Brown finds that the trial court improperly entered an order modifying custody and child support. The order failed to identify the specific material change in circumstances warranting the change in custody or find that a material change in condition had affected the child's welfare. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 26, 2023, Case #: A23A0339, Categories: Family Law