110 results for 'judge:"Clark"'.
J. Clark finds the lower court properly granted the adopted descendants' motion for summary judgment on claims filed by the blood relative of the trust's founder. Although one of the descendants had been adopted as an adult, the original trust decree was not a distribution of assets that would have precluded payments to adopted children. Additionally, although the will and trust were executed prior to a 1991 Connecticut law amendment that presumptively included adopted children as beneficiaries, there is no language in the will that indicates the decedent intended to exclude any adopted children or grandchildren. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 3, 2024, Case #: AC46257, Categories: Civil Procedure, Family Law, Wills / Probate
J. Clark finds that the lower court improperly reduced a mother's time with her two children due to her failure to keep her father away from the older child after he was accused of a sexual offense because drastically reducing her parenting time would not serve the best interests of her children, despite her failure to appreciate the risk posed by her father. A new hearing is necessary to set an appropriate parenting schedule. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 2, 2024, Case #: CV-22-2221, Categories: Family Law
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: Tort, Vehicle
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, Arbitration
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J. Clark finds that the lower court properly found for the police officers in a wrongful death suit filed by the family of a passenger in a fleeing car that hit a tree, killing both driver and passenger. The officers did not owe a duty to the decedent passenger as the fleeing driver had an absolute duty to yield to the officer when they approached with emergency lights on. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 9, 2024, Case #: ED111491, Categories: Immunity, Wrongful Death
J. Clark finds that the lower court properly held that a local Methodist congregation, which broke with the national church over revised views on human sexuality, could not turn its property over to a successor congregation following disaffiliation. The property was held in an implied trust for the benefit of the national church, as since its founding the local congregation had used the insignia of "Methodist" or "United Methodist" and had abided by various administrative requirements to remain an affiliate. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 4, 2024, Case #: CV-23-1059, Categories: Property, Trusts
J. Clark finds that the workers' compensation board improperly held that a second grade teacher did not have a compensable psychological injury caused by the Covid-19 pandemic. Remittal is necessary because the teacher faced a disparate burden based on precedent holding that injuries caused by psychic trauma should be compensable to the same extent as physical injury, as well as precedent holding that Covid-19 may be compensable as a physical injury. She must prove the virus was so prevalent in her workplace that the elevated risk of exposure constituted an "extraordinary event" and that her particular underlying medical issues made her susceptible. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 28, 2024, Case #: 535958, Categories: Covid-19, Workers' Compensation
J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: Civil Procedure, Insurance, Contract
J. Clark finds that the workers' compensation board properly disallowed benefits for a hospital rehabilitation counselor who contends he sustained job-related psychological injury from ongoing conflict with a coworker. The dispute, which the employer resolved by firing the coworker, did not constitute a workplace accident that qualified for benefits. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 28, 2024, Case #: 534701, Categories: Workers' Compensation
J. Clark finds that the trial court correctly dismissed a special motion to dismiss based on anti-SLAPP legislation brought by the defendant in a case regarding unpaid rent. The judge ruled that the defendant’s claims in the motion do not relate to his freedom of speech and therefor do not fall under the protections of the Anti-SLAPP law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 22, 2024, Case #: AC46942, Categories: Anti-slapp, Landlord Tenant, First Amendment
J. Clark finds that the lower court properly upheld a small claims decision that awarded each side money in a dispute over electrical work performed in the installation of a swimming pool. Without a written contract, the contractors demonstrated through testimony and itemized invoices that they had been hired for the work and performed such according to the request, while the homeowner demonstrated damage stemming from the need to correct certain shortcomings. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 21, 2024, Case #: CV-23-0896, Categories: Contract
J. Clark finds that the workers' compensation board properly held that a welder/mechanic was not entitled to an award for lost earning power. Although two orthopedic surgeons supported the award, neither had been aware that in addition to a cartilage tear in the employee's wrist, he also claimed work-related bilateral carpal tunnel syndrome, which rendered their opinions premature. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 21, 2024, Case #: CV-22-1999, Categories: Experts, Workers' Compensation
J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to assault for a stabbing and theft of property. Although the plea allocution was halted when defendant made statements raising potential defenses, he subsequently agreed to the plea deal and fully participated in the colloquy. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 14, 2024, Case #: 113186, Categories: Assault, Plea
J. Clark finds the lower court properly denied the debtor's motion to exclude certain accounts from the judgment obtained by the creditors. Although he claimed his mother was the sole owner of the accounts, he is listed as an owner on documentation provided by the banks and the funds were, therefore, subject to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 8, 2024, Case #: AC45956, Categories: Civil Procedure, Banking / Lending
J. Clark finds that the lower court properly dismissed unjust enrichment claims brought against a village in a long-running dispute over the construction and lease of a water tower and related underground infrastructure because the developer's contention that the village had been using the system without permission or payment was barred by prior similar and fully litigated actions. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 7, 2024, Case #: CV-23-0452, Categories: Conversion, Contract
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: Civil Procedure, Tort
J. Clark finds that the lower court properly precluded testimony of a mental health counselor in sexual abuse claims plaintiff brought against his uncle under the Child Victims Act. Expert testimony may be used to explain victim behavior to a jury, but precedent holds it cannot be used to prove sexual abuse occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 29, 2024, Case #: 535792, Categories: Tort, Experts
J. Clark finds that the lower court properly found for an insurer in claims seeking coverage for fire damage to a home acquired through foreclosure on a personal loan. The insurer provided irrefutable evidence that misrepresentations had been made in securing the landlord package policy, including that the insured claimed to own the property while it was in the midst of foreclosure. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 29, 2024, Case #: 534941, Categories: Insurance, Foreclosure
[Consolidated.] J. Clark finds that the lower court properly declined to dismiss fiduciary duty claims brought by 10 car dealerships after their founder unilaterally froze them out of individual bank accounts. The founder failed to accept the role of a management group he established after the group removed his sole authority over the dealerships, which impeded not only their access to bank accounts but to manufacturer accounts and approvals. The dealerships were properly granted a preliminary injunction, but they may not have been assessed an appropriate undertaking. The issue should be remanded to set a sum that accounts for potential damage to the founder. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: CV-22-1961, Categories: Damages, Fiduciary Duty, Contract
J. Clark finds that the lower court properly convicted defendant of robbery, attempted robbery, and petit larceny for committing a retail holdup spree with codefendant, who turned state's evidence. Defendant challenged the veracity of codefendant's testimony, but such was corroborated by surveillance video and witnesses who worked at the stores. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: 110488, Categories: Evidence, Robbery, Accomplice Liability
J. Clark finds that the lower court properly denied defendant's request for resentencing on his conviction for stabbing his girlfriend to death in the home they shared. Defendant sought review of his indeterminate sentence of 25 years-to-life for murder following state passage of the Domestic Violence Survivors Justice Act, but he failed to provide sufficient proof of ongoing abuse perpetrated by the girlfriend or that he was a victim defending himself in her death. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 8, 2024, Case #: 113572, Categories: Murder, Sentencing, Domestic Violence
J. Clark partially grants the store's motion to dismiss the consumers' class claims alleging it sent them dozens of unauthorized text messages advertising goods for sale. Some of the proposed class definitions are unauthorized fail-safe classes, and these definitions must be struck. Further, the consumers may not sue the store for not keeping an in-house do-not-call list, as this precaution would not have prevented them from receiving the text messages.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: February 8, 2024, Case #: 423cv42, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Clark finds the trial court improperly granted the wife's request for attorney fees in connection with the husband's contract claim. Although the action was dismissed as barred by the statute of limitations, the court failed to make its own factual findings as to whether the husband acted in bad faith, while there was also no evidence in the record to establish he knew the action was meritless at the time he filed it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 26, 2024, Case #: AC45239, Categories: Family Law, Judiciary, Attorney Fees
J. Clark finds that the lower court improperly granted the heir's motion to set aside the tax sale of the land parcel because he was unaware he had been deeded the land until three years after the owner's passing, during which time no one paid property taxes on the land. No one informed the city about the owner's death, and therefore the heir failed to make sufficient efforts to preserve his property interest. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: January 23, 2024, Case #: ED111425, Categories: Property, Tax