26 results for 'judge:"Fischer"'.
J. Fischer finds that the lower court properly declined to set aside a default judgment against the employer in a case filed by a worker alleging he was discriminated against for filing a workers' compensation claim following a fall that injured his back. The employer failed to prove good cause for its default and defaulted claims asserting the court wrongly awarded punitive damages. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: May 1, 2024, Case #: SC100193, Categories: Employment Retaliation, Workers' Compensation
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: Government, Damages, Contract
J. Fischer finds defendant's constitutional rights were not violated when the adult trial court added a tampering with evidence charge not considered by the juvenile trial court. The charge stemmed from the same actions that formed the basis of the original criminal complaint for murder and assault. Ohio law specifically allows adult courts to consider charges not bound over by a juvenile court, and because evidence presented during defendant's bind-over hearing established he sold the stolen gun used in the shooting to avoid prosecution, the tampering charge was properly added to the eventual indictment. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 18, 2024, Case #: 2024-Ohio-1433, Categories: Constitution, Juvenile Law, Murder
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: Government, Health Care, Public Record
J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: Family Law, Property, Contract
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J. Fischer finds the district court improperly denied the insurance company's motion for attorney fees in this declaratory judgment action. The company filed to determine whether its appraisal procedure had been triggered by the insured's demand for a storm damage appraisal. The company prevailed on its appraisal issue and the insured's contract counterclaim. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: March 7, 2024, Case #: 119695, Categories: Insurance, Attorney Fees, Contract
J. Fischer upholds defendant's murder convictions for the shooting of two teenage girls and death sentences. The strained relationship between defendant and the victims, multiple threats made by defendant in the course of his relationship with his girlfriend - the victims' mother - and his decision to retrieve his gun from another room during their argument and fire 13 shots at the victims proved prior calculation and design and allowed the jury to convict him of aggravated murder. Meanwhile, the trial court properly admitted various autopsy and crime scene photos because they were used to illustrate various perspectives of the crime scene and injuries sustained by the victims. Although defendant was raised in a toxic, abusive environment and was diagnosed with some mental health issues, this mitigating evidence is far outweighed by the brutality of his crimes, which involved murdering two unarmed teenagers in front of their mother. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: February 22, 2024, Case #: 2024-Ohio-604, Categories: Death Penalty, Evidence, Murder
J. Fischer finds the appeals court properly overturned defendant's conviction for criminal trespass after a noise complaint during a visit to his uncle's apartment, which should have been handled by the landlord through an eviction proceeding. A landlord may not prohibit an individual from being on their property if the person is invited by a lawful tenant unless the lease agreement signed by the parties specifically excludes that individual from the residence. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 29, 2023, Case #: 2023-Ohio-4753, Categories: Evidence, Trespass
J. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Fischer enteres a permanent writ ordering the lower court to dismiss counts claiming the tech company failed to provide class members with timely notice of increased property assessments, and caused others to have their property assessments increase by more than 15% without a physical inspection. The tech company, which operated as a subcontractor to the county, is entitled to dismissal of these claims because it did not owe the property owner a duty of care.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: December 19, 2023, Case #: SC100298, Categories: Property, Tax, Negligence
J. Fischer finds the trial court properly denied the medical marijuana dispensary's motion for a preliminary injunction in this trademark infringement action. The medical marijuana processor, which sells pre-rolled joints to dispensaries, markets products under a different spelling of the same copyrighted name as a product marketed by the dispensary. The companies had been selling their products in the same market for more than a year before the suit was filed and there is no need for a preliminary injunction to preserve the status quo until there is a final determination made. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: December 6, 2023, Case #: 119859, Categories: Copyright, Injunction
J. Fischer finds the district court properly certified the gas well royalty interest owners' case against the production company as a class action. That the company requires the owners to pay a share of the processing costs charged by midstream companies to remove liquids can be resolved on a class-wide basis because the company commingles gas before that processing occurs. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: November 16, 2023, Case #: 119052, Categories: Energy, Class Action, Contract
J. Fischer finds that the commission properly found the company is exempt from use tax for its purchase and use of information technology equipment. The undisputed facts show that the company's sole purpose for the IT equipment was to resell it. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: November 7, 2023, Case #: SC99998, Categories: Tax
J. Fischer finds the trial court improperly granted summary judgment to the property owners in this suit brought by parties injured in a dog attack occurring on their property. Though the property owners are not owners of the dog for purposes of certain state and federal laws, disputed issues of fact concerning whether the owners breached their duty preclude summary judgment as to common law theory of liability. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Fischer, Filed On: October 19, 2023, Case #: 117997, Categories: Tort, Negligence, Premises Liability
J. Fischer grants Torrance Refining Company summary judgment against the property owner's nuisance claim alleging that TORC's refinery released toxic air and subsurface emissions into the air, groundwater and soil that extended onto his private property. The property owner's expert cites unpersuasive guidelines for his argument that TORC's emissions gave him an unreasonably elevated risk of cancer, and the property owner otherwise does not prove that he suffered significant harm after his limited exposure to the air and ground emissions.
Court: USDC Central District of California, Judge: Fischer, Filed On: October 18, 2023, Case #: 2:17cv2477, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort
J. Fischer finds the appeals court improperly ruled in favor of a drilling business in an indemnification action. The energy company was not required to provide notice of its intent to seek indemnification from the business to recoup a $50,000 fine assessed by the state of Ohio for the drilling company's pollution of natural resources because the parties' contract expressly abrogated standard notice requirements. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: September 27, 2023, Case #: 2023-Ohio-3398, Categories: Energy, Indemnification, Contract
J. Fischer finds the court of appeals erroneously upheld the trial court's refusal to compel arbitration on a second lawsuit filed by a truck buyer against a warranty company. The trial court's decision to compel arbitration in the first lawsuit was a final, appealable ruling that required application of res judicata in the buyer's second lawsuit. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: September 6, 2023, Case #: 2023-Ohio-3097, Categories: Arbitration, Civil Procedure, Warranty
J. Fischer denies in part Amazon's motion to dismiss an employee's allegations that Amazon did not provide him with rest breaks, that he was fired after returning from sick leave, was not given a reason, was not paid his final wages, and was harassed, discriminated against and retaliated against by his manager for being Arab and Muslim. The employee is granted leave to amend his retaliation claim, but his other claims are dismissed as time-barred because he did not file the claims within one year of receiving the right-to-sue notice.
Court: USDC Central District of California, Judge: Fischer, Filed On: August 28, 2023, Case #: 2:23cv2489, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Fischer finds that the Public Service Commission improperly granted the water utility and developer’s joint application for a variance from the utility’s tariff governing the funding of water main extensions. There is no language in the rule that allows for a variance, so the Commission lacks the authority to grant a variance. Reversed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: August 15, 2023, Case #: SC99978, Categories: Water, Agency
J. Fischer adopts a "flexible approach to admitting expert testimony," finding that construction equipment maker Caterpillar may not stop an injured excavator driver from presenting expert testimony alleging manufacturing defects caused the injuries he suffered when a spike tooth on the excavator bucket broke off on a rock and ricocheted, piercing through the closed cab of the vehicle and hitting him in the leg, fracturing his right tibia and fibula. Even though the projectile spike tooth and excavator were not preserved as evidence, the experts may utilize photo evidence for analysis at this stage of litigation.
Court: USDC Western District of Pennsylvania, Judge: Fischer, Filed On: July 28, 2023, Case #: 2:21cv956, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Consumer Law, Negligence, Product Liability
J. Fischer finds the district court properly denied the daughters' application to be determined pretermitted heirs and awarded one-third of the estate of their deceased mother. The daughters were not pretermitted heirs because the will provided for them, deviding a portion of the estate. The mother's holographic will was valid and unambiguous, and there is no evidence proving she intended to disinherit her daughters. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: July 27, 2023, Case #: 120182, Categories: Property, Wills / Probate
J. Fischer finds that the defendant's appeal is untimely because the lower court's 2020 rendition of judgment and sentence was final. The lower court's second judgment and sentence is vacated, and the original 10-year sentence for financial exploitation of an elderly person is reinstated.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 27, 2023, Case #: SC99658, Categories: Criminal Procedure, Fraud
J. Fischer finds that the lower court properly denied defendant's motion for a new trial on charges of child molestation. A written judgment of conviction was entered into the record, albeit more than eight months after the final judgment. This tardy entry does not divest the court of appellate jurisdiction. There is no merit to defendant's claim that the trial court erred by failing to exclude expert witness testimony. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 13, 2023, Case #: SC99913, Categories: Criminal Procedure, Child Victims