220 results for 'judge:"Brown "'.
[Consolidated.] J. Brown finds that the juvenile court improperly entered two orders finding the child dependent. The juvenile court failed to include a finding with regard to parental unfitness in its orders. It is also unclear what was being continued in an order continuing portions of a proceeding. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 26, 2023, Case #: A23A0194, Categories: Family Law
J. Brown finds that the trial court improperly ruled in favor of the clinic in an action brought by the patient as to her negligence claim arising from injuries she allegedly suffered due to an incorrectly performed blood draw. No expert testimony is required for the ordinary negligence claim because the immediate pain the patient suffered due to the technician's alleged negligence during the blood draw can be examined by ordinary people using common knowledge. However, the trial court correctly found in favor of the clinic as to the patient's battery claim because the patient never communicated that she did not consent to the blood draw. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 22, 2023, Case #: A23A0057, Categories: Negligence
J. Jolivette Brown denies a request by the San Francisco-based sublessor of a 17-story New Orleans hotel and apartment complex to dismiss breach of contract claims by the owner of the property, alleging that the international hospitality company has failed to provide security for its occupants, resulting in shootings and other violence on the premises. The sublessor argues it has not violated any contractual obligation regarding security, as the sublease makes clear that it does not control the common areas of the hotel. The property owner may amend its complaint to cite any provision of the sublease that the sublessor has allegedly breached.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 21, 2023, Case #: 2:23cv692, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Jolivette Brown denies a request by the Orleans Parish District Attorney to appeal to the Fifth Circuit her ruling to allow a wrongly convicted defendant to sue the district attorney���s office after prosecutors under his predecessor hid exculpatory evidence at trial. The DA unsuccessfully argued that the alleged evidence policies in the litigant���s complaint are attributable to Orleans Parish ��� not to the DA���s office as an independent local government entity. However, the ruling that the DA seeks to appeal relied on Fifth Circuit precedent to find that Louisiana district attorneys act as autonomous local policymakers with respect to the policies and practices that govern their evidence disclosure duties.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 20, 2023, Case #: 2:22cv1520, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Malicious Prosecution
J. Brown finds that the trial court properly held that the sheriff had the right to appoint a legal deputy the county could not reject in the county's action seeking to prevent the sheriff from spending money from the commissary fund throughout a state investigation. Checks issued from the fund were not improper, but the ruling does not pertain to criminal actions the sheriff may have taken. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: June 14, 2023, Case #: 22A-PL-2640, Categories: Civil Procedure, Government
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J. Brown finds that the trial court properly conducted a bench trial in the couple's divorce proceedings and adopted the wife's proposed order making a determination of marital assets. The husband waived his right to a jury trial by participating in the bench trial and by failing to object. However, the trial court incorrectly entered the final order of divorce without incorporating a permanent parenting plan as required by the statute. The case is therefore remanded for compliance with the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 13, 2023, Case #: A23A0580, Categories: Family Law
J. Brown denies partial summary judgment and finds the defendant���s hydradermabrasion device, known as the ���Skinwave,��� did not infringe on the litigant���s competing device due to the lack of a manifold system. However, the court finds the litigant prevailed on its claim for validity, finding its patent sufficiently distinguished itself from another one of its device patents because it contained a manifold system.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:20cv6082, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant���s arm was almost severed while hand-propping the aircraft���s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: Tort, Negligence, Aviation