8 results for 'judge:"Ahuja"'.
J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: Administrative Law, Health Care
J. Ahuja finds that the lower court properly denied the lender's motion to compel arbitration on a borrower's counterclaims that the lender sold her a defective vehicle and illegally charged her $1800 for an extended warranty. The lender waived its right to compel arbitration of these claims by engaging in substantial litigation for over a year before making its motion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: December 12, 2023, Case #: WD86185, Categories: Arbitration, Banking / Lending
J. Ahuja finds that the lower court properly found for the state auditor, which prepared fiscal notes estimating the costs or savings to local governments for six different proposed pro-abortion initiative petitions, on a challenge from conservative voters. The fiscal notes' properly included various estimates on the economic costs of liberalized access to abortion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: October 31, 2023, Case #: WD86594, Categories: Administrative Law, Constitution, Agency
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J. Ahuja finds that the lower court improperly denied defendant's post-conviction petition alleging ineffective assistance of counsel stemming from defendant's conviction of second-degree domestic assault for shooting his wife in the leg. Counsel failed to request a lesser-included offense jury instruction for fourth-degree domestic assault when the evidence could support a jury finding that defendant did not intentionally aim at his wife or pull the trigger. Defendant is entitled to a new trial. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: August 15, 2023, Case #: WD85542, Categories: Ineffective Assistance, Domestic Violence
J. Ahuja finds that the commission properly awarded the police officer workers compensation benefits after finding he suffered a 10% partial disability as a result of his PTSD after seeing another officer fatally shot. The officer adequately showed that his work-related stress causing his PTSD was "extraordinary and unusual." Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: May 30, 2023, Case #: WD85780, Categories: Workers' Compensation