26 results for 'judge:"Chase"'.
J. Chase finds that the trial court properly dismissed the insurer of a driver in this car collision suit caused by a hit and run driver. In this case, uninsured motorist coverage was validly waived by the primary policy holder under Texas law. Texas law applies because the policy was issued and negotiated in Texas and lists only Texas addresses for the insurance agency and primary policy holder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: May 16, 2024, Case #: 2023-CA-0734, Categories: Insurance, Contract
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: Real Estate, Contract
J. Chase finds that the trial court properly held an attorney in contempt of court while representing a client in an eviction proceeding. The attorney began to complain about the trial court’s denial of her request for a continuance, claiming it afforded more leniency to the landlord while not providing her the same. After the judge admonished the attorney several times, the attorney's behavior became so disruptive that it required the trial court to pause the business of the court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: April 9, 2024, Case #: 2023-CA-0783, Categories: Contempt, Evidence
J. Chase finds that the trial court properly denied a neighbor's request for a declaratory judgment to create a predial servitude granting access across a property owner's alley to perform maintenance and repairs because there is no evidence in the record indicating a servitude, by juridical act,
prescription, or destination of the owner, existing between the two residences. However, the trial court should have granted injunctive relief to tailor a ruling to allow the neighbor a means to repair his home since the parties cannot reach an agreement. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 27, 2024, Case #: 2023-CA-0598, Categories: Property, Contract
J. Chase finds that the trial court properly denied the Louisiana Fair Housing Action Center's exception of insufficiency of service of process on a condominium owners' association's lease action. In this case, the association had 90 days from the date of the lifting of the stay order to request service and citation. Therefore, the association's action was timely. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 18, 2024, Case #: 2024-C-0058, Categories: Civil Procedure, Landlord Tenant
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J. Chase finds that defendant was not given ineffective assistance of counsel by waiving his right to a properly constituted jury venire. In this case, the defense counsel informed defendant of the decision to not object to the jury venire as a tactical choice based on an outstanding "motion for speedy trial." However, defendant's sentences for his conspiracy to commit armed robbery and conspiracy to obstruct justice exceed the statutory maximum. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 14, 2024, Case #: 2023-KA-0497, Categories: Ineffective Assistance, Sentencing
J. Chase finds that the trial court should not have granted the peremptory exception of no cause of action filed by a contractor on a fire suppression company's action for payment for work performed on the construction project. In this case, the fire suppression company alleged that it timely and satisfactorily completed its obligations under the contract and was not paid. Further, the fire suppression company timely filed a lien and timely mailed notice of the lien to the contractor. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 13, 2024, Case #: 2024-C-0066, Categories: Construction, Contract
J. Chase finds that the trial court properly terminated a mother's parental rights to her child. In this case, the record shows that the mother abandoned her child based on non-support and failure to substantially comply with the case plan, including finding a suitable place to live. Further, the child is in a stable foster home where she is not experiencing the difficulties she encountered while with her mother, including homelessness, missing school, and malnutrition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 6, 2024, Case #: 2024-CA-0004, Categories: Evidence, Family Law
J. Chase finds that the trial court properly applied electric vehicle parking credits in evaluating a developer's concept plan because the total number of calculated spaces should not be rounded to the next whole parking spot when doing so would exceed the 10% credit maximum. Affirmed.
Court: New Jersey Appellate Division, Judge: Chase , Filed On: February 20, 2024, Case #: A-1102-22, Categories: Municipal Law, Property
J. Chase finds that the trial court should not have granted a co-owner's motion for dissolution of the parties' company. In this case, the parties dispute whether it remains reasonably practical to continue the business, and the evidence submitted does not establish that dissolution is warranted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 31, 2024, Case #: 2023-CA-0462, Categories: Evidence, Contract
J. Chase finds that the trial court should not have granted a payroll company's exception of no cause of action on the employer's claim that its employee requested unauthorized non-taxable reimbursements from its account that were disbursed by the payroll company. In this case, the employer should have been allowed the opportunity to amend its petition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 22, 2024, Case #: 2024-C-0016, Categories: Civil Procedure, Employment, Damages
J. Chase finds that the trial court should not have denied a construction company's motion for summary judgment regarding its borrowed employee defense on a worker's asbestos suit. Although the construction company did not specifically use the term “borrowed employee,” it identified the worker as a borrowed employee under workers' compensation laws because the first ninety days of his employment with the company was through another temporary staffing company. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 9, 2024, Case #: 2023-C-0816, Categories: Employment, Asbestos, Workers' Compensation
J. Chase finds that the trial court should not have granted a patient's motion in limine to prohibit introduction of his informed consent form related to a colectomy procedure. In this case, the medical provider's defense is based on the patient being informed of the risks associated with the procedure and that his claimed injury is a known complication of the partial colectomy procedure. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: November 14, 2023, Case #: 2023-C-0630, Categories: Evidence, Medical Malpractice
J. Chase finds that the trial court properly terminated a mother's parental rights to her children. The record shows that the mother failed to comply with her case plan, did not see her children for over six months, failed to secure sufficient income and housing, and did not seek treatment for depression and anxiety. Further, the children are thriving in their foster family after living in a home where their older brother sexually abused them, and their father sexually abused another relative. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: November 13, 2023, Case #: 2023-CA-0557, Categories: Evidence, Family Law
J. Chase finds that the trial court should not have found for a patient on his motion in limine regarding the patient not being informed of treatment risks of a surgery. In this case, a prohibition on introduction of all evidence regarding consent and informed risks is highly prejudicial to the medical provider because the medical provider's defense is based on the patient being informed of the risks associated with the procedure and that a ureteral injury and anastomotic leak is a known complication of the partial colectomy procedure. Further, any issues regarding informed consent can be addressed by a properly curated jury instruction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 26, 2023, Case #: 2023-C-0630, Categories: Evidence, Medical Malpractice
J. Chase finds that the Civil Service Commission should not have denied requests for back pay by former New Orleans Police Department Captains, who were not originally appointed to the relevant Commander position. In this case, there was evidence and testimony presented to support the contention that the job duties were the same for the unclassified Commander position and the classified position of Captain, yet the Commander position received a higher rate of pay. Further, the Captains are entitled to receive back pay from June 24, 2016, to June 24, 2019, because they did not formally request back pay until June 24, 2019. Under statute, the Captains are entitled to back pay for three years from the date of the request. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 25, 2023, Case #: 2023-CA-0221, Categories: Employment, Contract
J. Chase finds that the trial court properly granted the sheriff's office's motion to dismiss an inmate's negligence action. In this case, no steps were taken by either party from April 8, 2019, to June 29, 2022. Therefore, the inmate's suit was abandoned. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 17, 2023, Case #: 2023-CA-0089, Categories: Civil Procedure, Negligence
J. Chase finds that the district court properly found for a title company's exception of no cause of action on a mortgage holder's claim that the title company and buyer coerced him into signing the HUD-1 Settlement Statement regarding the sale of his property. The mortgage holder does not present any evidence to support that he was coerced into signing the HUD-1 Settlement Statement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: September 27, 2023, Case #: 2023-CA-0285, Categories: Property, Contract
J. Chase vacates the trial court’s default judgment in favor of a family member’s negligence action against a doctor for a delay in signing a death certificate. In this case, there was no hearing in open court, no evidence was introduced, and the family member did not provide any live testimony to support that she was entitled to $90,000 in damages. Vacated and remanded.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: September 22, 2023, Case #: 2023-CA-0261, Categories: Evidence, Negligence
J. Chase finds that the trial court should not have denied an insurer's motion for partial summary judgment on a driver's claim that the insurer violated Louisiana law when it acknowledged receipt of the proof of claim but failed to tender payment. In this case, the driver's insurance policy mandates application of North Carolina law. Therefore, Louisiana penalty statutes do not apply to the driver's claims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: September 18, 2023, Case #: 2023-C-0559, Categories: Insurance, Contract
J. Chase finds that the trial court properly determined that an insurer does not owe coverage on a property owner's claim that the insured negligently used hot torches to perform roofing work on the property, causing a fire. A crewmember for the insured conceded that hot tools and torches were used to install a flat torch down roof to the building. Under the policy's Torch Down Roofing Exclusion, the insurer owes no duty to defend or indemnify the insured for the claims asserted by the property owner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: July 18, 2023, Case #: 2022-CA-0821, Categories: Insurance, Negligence, Contract
J. Chase finds that defendant was properly convicted of manslaughter and obstruction of justice. The evidence shows that defendant initiated the
altercation with the victim. Further, defendant admitted to shooting the victim, and two witnesses testified that defendant ran towards the victim to attack him, without the victim drawing his weapon. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: June 21, 2023, Case #: 2022-KA-0849, Categories: Evidence, Obstruction, Manslaughter