47 results for 'judge:"Edwards"'.
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, Family Law, Attorney Fees
[Consolidated.] J. Edwards grants the National Labor Relations Board's application to enforce its order against a hotel requiring it to rescind the room-cleaning quotas demanded of housekeepers after it replaced half of the building's bathtubs with harder-to-clean, glass-walled showers. The hotel failed to give the housekeepers' union a meaningful chance to bargain before altering the workers' duties.
Court: DC Circuit, Judge: Edwards, Filed On: April 9, 2024, Case #: 23-1029 , Categories: Labor / Unions
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: Ineffective Assistance, Kidnapping, Restraining Order
J. Edwards finds the trial court improperly granted the mother's petition allowing her to relocate her and the father's children from Nassau County, Florida to Cape Canaveral, Florida, roughly three hours away by car. The mother's petition was legally insufficient, in part because she made no showing that the relocation would be in the children's best interest, and there is nothing in the record showing the trial court considered all the necessary factors when making its decision. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: March 22, 2024, Case #: 23-1486, Categories: Family Law
J. Edwards grants the ketchup bottle manufacturer's motion to compel discovery. The plastic packaging manufacturer alleged the ketchup bottle manufacturer infringed upon its "oxygen scavenging" technology, and the bottle manufacturer seeks information regarding the packaging manufacturer's testing process. By providing certain testing information in its complaint, the packaging manufacturer relied on its allegedly privileged material and the bottle manufacturer's substantial need for this information is presumed.
Court: USDC Western District of Kentucky, Judge: Edwards , Filed On: March 21, 2024, Case #: 3:23cv110, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
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[Consolidated.] J. Edwards denies a company's petition for review of the National Labor Relations Board's finding of unfair labor practices. There is sufficient evidence the company delayed bargaining with the union for three months after the start of the certification year, refused to consider the union's proposals and refused to provide information to the union, among other things.
Court: DC Circuit, Judge: Edwards, Filed On: March 1, 2024, Case #: 22-1287 , Categories: Employment, Labor / Unions
[Consolidated.] J. Edwards denies a hospital's petition for review of the National Labor Relations Board's upholding of the application of the successor bar rule, which allows an incumbent union an irrebuttable presumption of majority status for a reasonable time after a successor employer voluntarily recognizes the union. The application of the rule was consistent with the board's precedent, and was reasonable.
Court: DC Circuit, Judge: Edwards, Filed On: February 27, 2024, Case #: 22-1163 , Categories: Employment, Labor / Unions
[Consolidated.] J. Edwards finds that the lower court properly entered a modification judgment reducing the former husband's monthly alimony obligation. On appeal, the former husband contends that the alimony should have been terminated. However, the ruling was sufficiently supported by the evidence, as the former wife's testimony indicated a continuing need for alimony. Additionally, the former husband's mandamus petition is denied. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0446, Categories: Civil Procedure, Family Law
[Consolidated.] J. Edwards finds that the lower court properly terminated the parental rights of the father but improperly terminated the mother's parental rights in these consolidated cases. The evidence sufficiently supports the lower court's abandonment finding, as to the father. The record does not show, however, that there was "no viable alternative to the termination of the mother's parental rights." Specifically, there was no evidence that the maternal aunt "knew that the children had been removed from the mother's custody." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0393, Categories: Civil Procedure, Family Law
J. Edwards upholds the district court's dismissal of a medical company's case challenging the Centers for Medicare and Medicaid Services' issuance of two technical letters instructing Medicare contractors to deny reimbursement for claims for products manufactured by the company. The agency has rescinded the letters. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: February 16, 2024, Case #: 23-5020 , Categories: Administrative Law, Health Care, Medicare
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: Civil Procedure, Family Law, Health Care
J. Edwards finds the trial court properly denied defendant's request for a jury instruction on the defense of abandonment at his trial for petty theft and trespass charges stemming from when he attempted to steal $450 worth of polo shirts from a store but dropped the merchandise and left when a store manager made eye contact with him. Though Florida law recognizes voluntary abandonment as a defense, the evidence shows defendant's abandonment was involuntary, leaving no grounds for his requested jury instruction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: January 12, 2024, Case #: 22-0943, Categories: Evidence, Theft, Trespass
[Consolidated.] J. Edwards finds that the lower court improperly entered a child-support order against the mother in these consolidated dependency cases. The record does not show how the lower court calculated the mother's child-support obligation, so that issue must be remanded. The lower court did not err, however, by awarding "sole legal and sole physical custody to the maternal grandmother." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: January 5, 2024, Case #: CL-2023-0157, Categories: Civil Procedure, Family Law
J. Edwards finds that the lower court improperly terminated the mother's parental rights to her child. The evidence failed to establish that the department of human resources "properly investigated viable alternatives to the termination of the mother's parental rights." Specifically, the record contains "only minimal information" as to the department's efforts to find potential relative placements. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 15, 2023, Case #: CL-2023-0272, Categories: Evidence, Family Law
J. Edwards upholds a $430 million arbitration award against the Bolivarian Republic of Venezuela arising from the country’s forcible occupation and expropriation of two Spanish companies. The district court properly adhered to the International Centre for Settlement of Investment Disputes convention and applied the full faith and credit requirement that it neither examine the center's award's merits, its compliance with international law or its jurisdiction.
Court: DC Circuit, Judge: Edwards, Filed On: December 8, 2023, Case #: 23-7077 , Categories: Arbitration, International Law
[Consolidated.] J. Edwards finds that the lower court improperly terminated the parental rights of the mother and the father to two of the four children at issue in these appeals. The evidence does not show that "adoption is a likely or foreseeable outcome" for the two children, who are both considered to have special needs. Also, two of the mother's appeals are dismissed based on a lack of jurisdiction, as the judgments are not final judgments. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 1, 2023, Case #: CL-2023-0033, Categories: Civil Procedure, Family Law
J. Edwards finds the trial court improperly denied the third-party retailer's bid to compel arbitration in an employee's disability discrimination lawsuit over a lack of accommodations for a workplace injury she suffered. In part because a valid arbitration agreement exists between the parties and all three factors for arbitration are met under the relevant precedent, the trial court should have granted the retailer's motion to dismiss and compelled arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: November 9, 2023, Case #: 23-2312, Categories: Arbitration, Employment Discrimination
J. Edwards finds the trial court improperly granted the widow a new trial in her wrongful death lawsuit against the tire company, which alleges the company negligently serviced the tires on the widow's husband's car, leading to an accident that killed him and the couple's son. The trial court correctly granted final judgment in favor of the tire company but it erred in granting a new trial based on the widow's argument that alleged violations of the company's own internal policies, on its own, created a legal duty, which is not supported by Florida law. On remand the trial court is ordered to reverse its order granting a new trial and reinstate its final judgment for the tire company. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: November 3, 2023, Case #: 22-1901, Categories: Negligence, Wrongful Death
[Consolidated.] J. Edwards finds that the lower court properly denied the mother's custody-modification petitions. The mother fails to show that the application of the McLendon standard violated her due process or equal protection rights. Also, the evidence does not show that placement with the mother would promote the best interests of the children. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: November 3, 2023, Case #: CL-2023-0074, Categories: Evidence, Family Law
J. Edwards finds the trial court made improper financial rulings in its final judgment in favor of the former wife in the dissolution of her and the former husband's marriage. The trial court in part erred by ordering permanent alimony payments of $3,000 per month which exceed the husband's ability to pay and a payment of $36,000 in retroactive alimony without making specific findings about the wife's need and the husband's ability to pay, so the trial court's final judgment is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: October 6, 2023, Case #: 22-0466, Categories: Family Law, Contract
J. Edwards finds that the lower court improperly entered a final judgment in this case concerning child custody and visitation. The hearings were meant to be on the issue of the mother's ex parte motion and "whether to extend the ex parte order" that temporarily suspended the father's visitation. Accordingly, the lower court erred by adjudicating "the entirety of the modification action." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: September 8, 2023, Case #: CL-2022-1290, Categories: Civil Procedure, Family Law
J. Edwards finds that the lower court improperly awarded alimony to the wife in this divorce proceeding when it failed to make the required findings in order to "evaluate the evidence in light of the type of alimony awarded." Accordingly, the matter is remanded on this issue. Also, the lower court must consider the division of marital property, along with the alimony award. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0012, Categories: Family Law, Property
J. Edwards finds that the lower court improperly denied the appellant entities' motion to intervene in this lawsuit brought under the Alabama Environmental Management Act against a waterworks board. The record does not show that their motion was untimely filed, and the matter is remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 25, 2023, Case #: CL-2023-0002, Categories: Civil Procedure, Environment