40 results for 'judge:"Stewart"'.
J. Stewart denies competing motions to exclude expert testimony in a class action lawsuit which seeks to hold Saint Gobain responsible for the perfluorooctanoic acid (PFOA) contamination in Hoosick Falls, New York. The motions are in response to the the lead plaintiff’s request for an order requiring Saint Gobain to establish a medical monitoring protocol, which will help diagnose at an early state any adverse medical conditions experienced by affected residents. The court allows the defendant to provide expert testimony contesting the costs and appropriateness of the proposed monitoring protocol, and also permits testimony from the lead plaintiff’s expert regarding the cost projections based on potential class sizes.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: September 12, 2024, Case #: 1:16cv917, NOS: Torts to Land - Real Property, Categories: Environment, Experts
J. Stewart finds the inclusion of present-tense language in the amended statute regarding the ability of school districts to appeal tax valuations of buildings within their district renders the amendment prospective in nature and inapplicable to appeals that were pending at the time it was passed; therefore, the Board of Tax Appeals can consider the appeal in this case and the appeals court properly reversed its dismissal. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: September 4, 2024, Case #: 2024-Ohio-3323, Categories: Civil Procedure, Tax
J. Stewart finds that the trial court erred in denying defendant's habeas petition that alleged Napue and Brady violations during preliminary proceedings in his murder trial. He made a prima facie showing that the state withheld evidence, that it had promised not to prosecute a key witness and that it allowed the witness to give false testimony and to assert an invalid privilege claim. Reversed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: August 29, 2024, Case #: A166191, Categories: Habeas, Murder, Prosecutorial Misconduct
J. Stewart finds the district court properly convicted defendant, a personal injury attorney, for conspiracy to falsify tax returns. Defendant worked with other lawyers and case runners to impermissibly solicit clients who had not sought counsel, with the other attorneys funneling illegal payments for the bogus referrals to defendant. Defendant then wrote checks to runner's business entities while another lawyer deducted amounts paid to defendant as attorney “referral fees," which would reduce taxes owed. Affirmed in part.
Court: 5th Circuit, Judge: Stewart , Filed On: August 22, 2024, Case #: 23-20483, Categories: Fraud, Conspiracy, Tax
J. Stewart finds the district court improperly denied the injured offshore remote vehicle tech's motion to remand the personal injury case to state court. The tech allegedly sustained a severe shoulder injury to his shoulder and neck while he was replacing a 30-pound cursor pin on a launch and recovery system while aboard the drillship. The employer has failed to demonstrate the tech fraudulently pleaded his Jones Act claim as a seaman, and the case was improperly removed from state court. The tech has some possibility of proving his Jones Act claim on the facts alleged. Reversed.
Court: 5th Circuit, Judge: Stewart , Filed On: August 7, 2024, Case #: 23-20095, Categories: Maritime, Negligence, Jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Stewart finds the common pleas court had jurisdiction over the city employees' appeal of a determination made by the civil service commission that the employees were not laid off through an emergency leave program during the Covid-19 pandemic. Although that decision was made after an "appearance" and not a full hearing, the commission exercised its discretion, which rendered the proceeding quasi-judicial in nature and allowed the employees to appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 6, 2024, Case #: 2024-Ohio-2889, Categories: Civil Procedure, Jurisdiction, Labor / Unions
J. Stewart finds the appeals court's decision to remand defendant's case to the trial court to allow for a motion to suppress hearing failed to comply with Ohio's rules of appellate procedure. It neither affirmed, modified or reversed the trial court's initial ruling; therefore, the case must be remanded to the appeals court to allow it both to consider all of the arguments made by defendant on appeal and enter a proper judgment. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 25, 2024, Case #: 2024-Ohio-2719, Categories: Criminal Procedure, Search
J. Stewart finds the district court improperly granted class certification for the employees alleging mismanagement of funds contributed to benefit plans through their employers. Though the employees have established standing and met their burden of demonstrating common issues predominate over the significant individual issues in the case, the district court did not indicate it had seriously considered concerns regarding the variability of individualized damages. Reversed in part.
Court: 5th Circuit, Judge: Stewart , Filed On: July 15, 2024, Case #: 22-50368, Categories: Employment, Insurance, Fiduciary Duty
J. Stewart denies a request to continue under a pseudonym made by a female assistant professor who alleges she was raped by a male professor at St. Lawrence University, finding the court cannot base its decision on generalized, uncorroborated claims of harm were her identity to be disclosed.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: July 9, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: Education, Tort, Assault
J. Stewart finds the district court improperly found in favor of Gibson on its trademark infringement claims. Gibson filed suit against the guitar makers who had, decades previously, acquired rights to manufacture another maker's guitars that had similar features to certain Gibsons. The court incorrectly excluded "wholesale decades of third-party-use evidence" the other makers submitted in support of a genericness defense, restricting the makers' ability to advance a primary defense. Reversed.
Court: 5th Circuit, Judge: Stewart , Filed On: July 8, 2024, Case #: 22-40587, Categories: Evidence, Trademark, Due Process
J. Stewart finds the district court improperly compelled evidentiary disclosures implicating attorney-client privilege. The black assistant athletic director for Louisiana State University’s football team says she witnessed numerous instances of racist and sexist misconduct from the former head football coach. The coach was initially cleared of wrongdoing, and a later RICO suit was dismissed as time-barred, though certain civil rights claims remain subject to discovery. Discovery of privileged communications and work product is limited to that which is “reasonably related to...the ongoing or future crime...at issue.” The athletic director did not make the proper showing the documents are reasonably related. The district court accepted a looser limitation on the crime-fraud exception analysis without detailed reasoning. Reversed.
Court: 5th Circuit, Judge: Stewart , Filed On: June 17, 2024, Case #: 23-30386, Categories: Civil Rights, Education, Discovery
J. Stewart finds the lower court improperly found in favor of a repair company accused of failing to fix a leak as part of a home inspection before the home was purchased by new buyers. The evidence created a genuine issue of material fact as to whether the buyers were "intended third-party beneficiaries of the contract." Reversed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: June 14, 2024, Case #: SC-2023-0524, Categories: Negligence, Warranty, Contract
J. Stewart finds the district court properly granted summary judgment in favor of the disability rights advocacy group. The group sought to compel disclosure of video footage related to a client's involuntary confinement. Though the video is protected health information, it may be disclosed “to the extent that...disclosure is required by law and... [is compliant]” under the required-by-law exception. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: June 5, 2024, Case #: 23-20171, Categories: Civil Rights, Health Care, Privacy
J. Stewart finds the district court improperly denied the parents' motion to remand this product liability suit, dismissing Whole Foods. The new parents sued Whole Foods and the baby food manufacturer after their healthy son's behavioral skills regressed, with tests showing that he suffered from seizure disorder, epileptiform disorder, hypotonia, and mitochondrial dysfunction. The child was also diagnosed with autism spectrum disorder/major neurocognitive disorder, with some physicians diagnosing him with heavy metal poisoning. Several years after the diagnosis, the House Oversight and Reform Committee released a report showing that the manufacturer's foods contained elevated levels of toxic heavy metals. Being that Whole Foods' business model depends on its reputation and customers’ willingness to a pay a premium for products advertised as healthy and high quality, the district court erred in concluding it was improperly joined. Allegations in the parents' state-court complaint stated plausible claims against Whole Foods. Reversed in part. Vacated in part.
Court: 5th Circuit, Judge: Stewart , Filed On: May 28, 2024, Case #: 23-40197, Categories: Negligence, Product Liability, Jurisdiction
J. Stewart finds that the trial court improperly decided not to charge a wife for the value of two missing assets in a divorce case. Under the applicable burden-shifting scheme, the wife must account for a community asset and an asset that is the husband's separate property that are both controlled and managed by her brother in Iran. Reversed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: May 28, 2024, Case #: A163185, Categories: Family Law
J. Stewart finds the trial court erroneously granted the mineral rights owner's motion for summary judgment on trespass and conversion claims against the drilling company for its drilling of various wells into a certain layer of shale. The parties' lease does not explicitly state whether the "Point Pleasant" formation at issue is covered by the mineral rights agreement. Therefore, the case must be remanded to the trial court to allow the issues of fact to be resolved. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: May 23, 2024, Case #: 2024-Ohio-1945, Categories: Property, Conversion, Contract
J. Stewart finds that the appeals court erroneously determined the trial court lacked jurisdiction over defendant's murder case. Although the juvenile court did not find probable cause to bind over the murder charge to adult court, the complicity to commit murder charge, which was properly bound over, was based on the same set of facts and gave the adult court jurisdiction over all the charges. Additionally, the appeals court erroneously suppressed statements made by defendant to police without an attorney because the interview took place before any criminal proceedings and before the right to counsel attached; furthermore, defendant waived his right to counsel after being read his Miranda rights. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: May 9, 2024, Case #: 2024-Ohio-1752, Categories: Juvenile Law, Murder, Jurisdiction
J. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court’s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: Habeas, Sex Offender, Child Victims
J. Stewart finds the district court properly declined to enjoin San Antonio's park development tree removal plans. Members of the Lipan-Apache Native American Church say the city's plan prevented them from performing essential religious ceremonies. Though the court ordered the city to provide access to the area, the city had appointed qualified arborists to evaluate which trees needed to be removed because of construction restrictions and ensured bird deterrence measures are not aimed at preventing the presence of birds. The church members have not demonstrated they are likely to prevail on their claim the district court's only partial grant of their motion for a preliminary injunction was improper. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: April 11, 2024, Case #: 23-50746, Categories: Constitution, Municipal Law, Native Americans
J. Stewart finds that the trial court properly concluded that a pension fund was not contractually obligated to consider a participant employer's request to change the method used to calculate the amount that employers must contribute toward the pension's unfunded liabilities. The employer sought to have the percentage of payroll method replaced with a percentage of liability method. The employer failed to raise a triable issue for declaratory relief under the standard applied to petitions for writ of mandate challenging actuarial decisions by a pension. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: March 27, 2024, Case #: A165587, Categories: Pensions, Contract
J. Stewart finds the trial court properly granted summary judgment to the subsea oil drilling engineering and exploration firm. The employee says he sustained injuries to his shoulder and neck while servicing a remotely operated vehicle onboard a drillship during a Chevron contract. He brings claims under theories of negligence and unseaworthiness. The trial court correctly held the employee is not a seaman as defined by his Jones Act claim, and he did not establish a genuine dispute of material fact as to negligence and unseaworthiness. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: March 12, 2024, Case #: 23-20095, Categories: Maritime, Tort, Negligence
J. Steward finds that the lower court properly denied a motion brought by an elected constable who was vacated from office for allegedly not timely paying the security bond. Because the constable filed his official bond before he took office, it was not untimely, so the certification of vacancy by Gov. Ivey was in error. However, the constable framed the issue as that of a conflict between two statutes, but his argument is incorrect. The trial court can't be faulted for rejecting the constable's sole argument. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: March 8, 2024, Case #: SC-2023-0496, Categories: Elections, Government
J. Stewart finds a criminal defendant does not have to intend to harm or kill a victim to be entitled to a self-defense jury instruction and, therefore, defendant's counsel was ineffective when he failed to request such an instruction during defendant's trial on assault charges. Defendant testified he shot his gun to scare the victim after the two had a heated argument outside a gas station, and because Ohio's self-defense statute requires only an "intent to repel or escape force," he was entitled to self-defense instruction and his conviction must be vacated. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: March 7, 2024, Case #: 2024-Ohio-776, Categories: Ineffective Assistance, Assault, Self Defense
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: Health Care, Employment Retaliation, Labor
J. Stewart finds the district court properly entered summary judgment in favor of the police officers. Armed protesters opposed to a city ordinance preventing unauthorized firearm carry were arrested after aggressively refusing to comply with officers' lawful orders. Though a Taser was used, causing one of the subjects to fall and hit his head, the officers are entitled to qualified immunity. The protesters have pointed to no clearly established law showing excessive force was used. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: February 26, 2024, Case #: 22-50915, Categories: Civil Rights, Constitution, Police Misconduct
J. Stewart denies a self-represented litigant’s motion to amend his civil rights complaint that seeks to reinstate more than 30 claims that the court had previously dismissed, plus add several new claims, finding the claims frivolous. The court furthermore trims his complaint down to only two claims for denial of prescription medication while incarcerated.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: February 20, 2024, Case #: 1:22cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Prisoners' Rights
[Modified.] J. Stewart corrects a referenced date and denies a rehearing with no change in judgment. The trial court was right that a husband did not have a separate property interest in the hedge fund he started while married. Also, it properly held that the community was not responsible for legal fees he spent defending against insider trading charges, or for the resulting fine. However, it mistakenly found the community should pay an SEC penalty for insider trading he engaged in while married. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A157055, Categories: Family Law
[Modified.] J. Stewart alters a footnote and denies a rehearing with no change in judgment. The juvenile court had discretion to deny a request to reduce a juvenile's baseline term of confinement who was 14 when he shot and paralyzed a man during a robbery. A ward who follows his rehabilitation plan is not necessarily entitled to a reduction to the baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A166850, Categories: Juvenile Law, Sentencing