105 results for 'judge:"Robinson"'.
J. Robinson finds that the trial court properly properly upheld the department of revenue's interpretation that the city was not eligible for payment in lieu of tax funds because the two properties owned by Memorial Hospital did not satisfy the definition of “nonprofit hospital facility.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 2, 2024, Case #: 21-185, Categories: Municipal Law, Tax
J. Robinson finds that the trial court should have dismissed plaintiff's appeal stemming from the state's historic preservation tax credits program because the parties' stipulation unambiguously waived plaintiffs' rights to administrative hearings or appeals.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: May 2, 2024, Case #: 22-122, Categories: Civil Procedure, Tax
J. Robinson finds that the district court properly declined to compel arbitration in fiduciary duty claims an employee brought against the company and the trustee of the contribution retirement plan. The arbitration provision was unenforceable under ERISA because the provision limited relief available to an individual's account and barred a plan-wide remedy. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: May 1, 2024, Case #: 21-2891-cv, Categories: Erisa, Fiduciary Duty
J. Robinson finds the lower court erroneously dismissed the borrower's special defenses of unclean hands and breach of the implied covenant of good faith and fair dealing. His allegations regarding the lender's nationwide kickback scheme with an insurer provided sufficient details about his own mortgage and, specifically, the enforcement of the lender's provision that required the borrower to purchase certain insurance. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 25, 2024, Case #: SC20817, Categories: Evidence, Fraud, Banking / Lending
J. Robinson finds that the trial court should not have granted a partial finding for the plaintiff driver on the issue of causation of injury. The evidence presented did not show that the plaintiff driver was in good health prior to the accident and was insufficient to show that no genuine issue of material fact existed as to whether the accident caused the injury. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: April 24, 2024, Case #: 55,211-CA, Categories: Evidence, Negligence
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J. Robinson finds Connecticut law requires an employer to deliver its notice to contest workers' compensation benefits within 28 days of the employee's notice to seek benefits and, therefore, the lower court properly upheld the workers' compensation board's decision to preclude the employer from contesting because it mailed its notice - but did not deliver it - 28 days after it received the employee's claim. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 19, 2024, Case #: SC20836, Categories: Civil Procedure, Workers' Compensation
J. Robinson denies a civilian's motion to stay proceedings pending the outcome of a decision from a Supreme Court concerning claims of viewpoint-discrimination against a county commission. The county commissioners sufficiently showed in court that the civilian, who referred to them as "child abusing motherfuckers," is not entitled to relief based on qualified immunity.
Court: USDC Kansas, Judge: Robinson, Filed On: April 17, 2024, Case #: 5:24cv4005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Robinson finds that the trial court improperly dismissed an aunt’s amended petition for third-party visitation of her niece. The aunt alleges that she had a parent-like relationship with her niece and, if visitation was denied, the niece would suffer significant harm since she was the primary caregiver. The niece’s biological mother died, and the biological father was awarded custody. The case is remanded for further proceedings for the aunt to prove her parent-like relationship. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 15, 2024, Case #: SC20832, Categories: Evidence, Family Law, Wills / Probate
J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: Criminal Procedure, Jury, Robbery
J. Robinson denies a roof contractor's motion for preliminary injunction concerning tortious interference claims against a business rival. The business rival, who won the contract for a drinking reservoir project, sufficiently showed in court that it did not mislead the city with its qualification package and submitted bids.
Court: USDC Kansas, Judge: Robinson, Filed On: April 9, 2024, Case #: 2:23cv2339, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Contract, Injunction
J. Robinson denies a civilian's motion for preliminary injunction concerning claims that a board of City commissioners violated his free speech and equal protection rights. The City commissioners sufficiently showed in court that the civilian was extraordinarily disruptive during open public meetings, which resulted in warnings after he refused to stay on topic by presenting non- germane matters.
Court: USDC Kansas, Judge: Robinson, Filed On: April 8, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Robinson rules a civilian may pursue retaliation claims against a board of City commissioners. The civilian, a Republican candidate for County Commissioner, sufficiently showed in court that the board chilled his speech by interrupting him during public commentary.
Court: USDC Kansas, Judge: Robinson, Filed On: April 1, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Equal Protection
J. Robinson finds that the trial court improperly granted plaintiff, an on air morning show radio personality, partial final judgment absent an express determination that just reason for delay did not exist. Subsequently, the court did not reach issues raised in plaintiff's appeal from an order granting partial summary judgment in favor of his employer on three of 22 of counts.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: March 26, 2024, Case #: 23-141, Categories: Civil Procedure, Employment
J. Robinson finds the overwhelming amount of evidence presented in defendant's trial on robbery and murder charges, including surveillance footage from the convenient store and testimony from a co-conspirator corroborated by independent witnesses, rendered any error regarding admission of cell phone data harmless, especially considering an unsent text message on the phone was mentioned only in passing by the prosecution. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 25, 2024, Case #: SC20575, Categories: Constitution, Miranda, Murder
J. Robinson finds that the district court improperly found in favor of the employer on claims of discriminatory termination brought by a food services company manager who alleges she was subjected to a sex-based hostile work environment. She sufficiently alleges that her termination was part of an "unrelenting course of mistreatment" that, under the continuing violation doctrine, created a hostile environment in which she was subjected to sex-based animus. Therefore, these claims are not time-barred. However, her state claims were properly dismissed because her primary work territory was in Virginia and West Virginia and her connection to New York was only tangential when she received permission to work from home for a time. Vacated in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 20, 2024, Case #: 22-1237, Categories: Employment Discrimination
J. Robinson finds that defendant was properly convicted of attempted indecent behavior with juveniles. The victim, defendant's girlfriend's daughter, testified that defendant was wearing boxers when he got into her bed, spooned her, and pressed his penis on her buttocks. There was also evidence that defendant slapped the victim's buttocks and sniffed her buttocks while she was sleeping. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: March 13, 2024, Case #: 55,466-KA, Categories: Evidence, Sex Offender
J. Robinson finds that the trial court properly granted a landlord dismissal of a tenant's claims based on res judicata. Notice of appeal was not filed pertaining to the failure to timely serve defendants, and thus arguments relating to such were not properly before the court. Finally, the district court properly exercised jurisdiction over plaintiff’s equitable claims. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson , Filed On: March 11, 2024, Case #: 23-79, Categories: Civil Procedure, Contract
J. Robinson finds that the district court properly dismissed discrimination claims against a Pfizer fellowship program designed to increase minority employment for excluding white and Asian-American student applicants. In seeking a preliminary injunction, plaintiff failed to identify a member who had been injured by the program by name rather than pseudonym. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 6, 2024, Case #: 23-15-cv, Categories: Civil Rights, Jurisdiction
J. Robinson finds the appeals court erroneously dismissed the husband's appeal of the trial court's decision for lack of jurisdiction. A trial court's denial of summary judgment on a claim of collateral estoppel is immediately appealable under Connecticut procedural law. Additionally, because the trial court reviews the daughter's tortious interference claim regarding her mother's will de novo through a trial, the preclusive effect of the probate court's decision regarding the claim is suspended, and the case must be remanded to that court for trial. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 6, 2024, Case #: SC20722, Categories: Civil Procedure, Family Law, Wills / Probate
J. Robinson finds that the city court properly ordered a tenant evicted for failure to pay rent. In this case, the tenant stopped making payments in October 2022, with the landlord filing an eviction notice in January 2023. The landlord never accepted rental payments following the filing of the eviction and never waived the violation of nonpayment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,414-CA, Categories: Landlord Tenant, Contract
J. Robinson finds that defendant was properly convicted of armed robbery and being a felon in possession of a firearm for robbing a gas station. In this case, defendant's DNA was found on the ski mask that was described by the victim and seen in the surveillance footage. The ski mask was found near the gas station in the direction the perpetrator fled after the robbery. Further, the victim's stolen cell phone was found near the ski mask by a police dog. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,569-KA, Categories: Evidence, Firearms, Robbery
J. Robinson preserves certain claims for breach of fiduciary duty, constructive fraud, negligence and violations of the North Carolina Securities Act in this lawsuit between 16 aging investors and related financial groups that allegedly recommended bad investments to the investors. Some of those allegations are well made, while others fail to warrant relief.
Court: North Carolina Business Court, Judge: Robinson, Filed On: February 26, 2024, Case #: 2024-NCBC-10, Categories: Fraud, Securities, Fiduciary Duty
J. Robinson finds for the state in environmental claims brought against a chemical manufacturing facility accused of contaminating the environment by "using, manufacturing, and discharging per- and polyfluoralkyl substances" because the new corporation contractually assumed the liabilities of the previous corporation.
Court: North Carolina Business Court, Judge: Robinson, Filed On: February 7, 2024, Case #: 2024-NCBC-5, Categories: Environment