23 results for 'judge:"McConnell"'.
[Consolidated.] J. McConnell partially denied Snap and Meta’s petitions for writ relief in a case concerning the disclosure of social media data under the Stored Communications Act. Through subpoenas, the actual party involved in a murder trial requested access to the victim’s social media posts. Despite establishing good cause for disclosure, the trial court decided to submit the information for in-camera review first rather than directly disclosing the records. The stay issued is vacated until a final decision is reached.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: September 20, 2024, Case #: D083446, Categories: Civil Rights, Evidence, Public Record
J. McConnell holds that the trial court properly determined that good cause supported an order that bypassed the limitations of the federal Stored Communications Act and required the social media companies Snap and Meta to disclose the communications of a murder victim to defendant. However, the discovery material produced must first be reviewed in camera for relevance.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 23, 2024, Case #: D083446, Categories: Murder, Discovery
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J. McConnell finds that the trial court's admission of evidence that a driver injured in a traffic collision would have Medicare coverage at age 65 did not violate the collateral source rule since the limited evidence did not serve to reduce his damages. Also, he failed to establish he is due future non-economic damages since he already had anxiety and depression before the collision, he arguably tried to overplay his cognitive problems after the collision and he is not facing difficult medical treatment in the future. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: June 6, 2024, Case #: D081689, Categories: Evidence, Damages, Negligence
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. McConnell finds that a father forfeited his claim that the trial court erred in ordering that his children have the authority to refuse visitation with him. Neither he nor counsel objected to the visitation orders or suggested modifications during the detention hearing or any subsequent hearings. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: March 7, 2024, Case #: D082723, Categories: Family Law
J. McConnell finds the trial court improperly convicted a man for premeditated attempted murder, conspiracy to commit murder and shooting at an occupied vehicle stemming from a gang-related drive-by shooting. The man argues the court erred by allowing the lead investigator to give an improper opinion testimony, because he was not qualified to testify that the man fired a ghost gun, striking the decedent. The jury likely relied on this prejudicial evidentiary error. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 20, 2024, Case #: D080114, Categories: Murder, Sentencing, Conspiracy
J. McConnell finds the trial court properly found a woman mentally incompetent to stand trial for stabbing another person and lacked the capacity to administer antipsychotic medication to herself. The woman argues the trial counsel failed to object to the order authorizing a state hospital to involuntarily administer the medication. She failed to establish that this would probably result in a different outcome. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 15, 2024, Case #: D081713, Categories: Civil Rights, Mediation
J. McConnell finds that the trial court should have admitted testimony from medical experts regarding the possible relationship between diesel exhaust and non-Hodgkin's lymphoma in a wrongful death case. Though the connection has not been definitely made in scientific literature, the experts' medical training would allow them to bridge the analytical gap. Vacated.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: January 4, 2024, Case #: D082229, Categories: Employment, Experts, Wrongful Death
J. McConnell denies the cancer treatment developer’s petition for a writ of mandamus challenging the trial court’s denial of its motion to dismiss this shareholder dispute as not complying with forum selection clauses in its certificate of incorporation. The trial court properly declined to enforce forum selection after finding that the Delaware Court of Chancery provides no right to a civil jury trial, depriving the shareholder of that right in violation of California public policy. A partial dismissal as sought by the developer would require litigation in multiple, widespread courts, creating a risk of inconsistent findings. The opinion is modified with footnotes addressing the court of appeal’s declining to address new arguments, and there is no change in the judgment.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: October 10, 2023, Case #: D081670, Categories: Judiciary, Securities, Venue
J. McConnell finds that the trial court properly held that the parties' right to have a jury hear their shareholder dispute would be violated if a mandatory forum selection clause were enforced. The Delaware Court of Chancery is the forum designated in the applicable certificate of incorporation, but that forum would not provide the right to a jury trial as required by the California Constitution. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: September 21, 2023, Case #: D081670, Categories: Jury, Securities, Venue