97 results for 'judge:"Gallagher"'.
J. Gallagher finds the lower court properly denied the pizza restaurant's motion to vacate an arbitration award in favor of the Cleveland Browns. Although the restaurant couches its argument in jurisdictional terms, it is merely an attempt to raise claims about the validity of the arbitration award it failed to bring in a direct appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Arbitration, Jurisdiction, Contract
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial. The discovery violation committed by the prosecution - a failure to disclose certain parole documents - was harmless, as the facts of his parole were irrelevant to the single charge of escape named in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Escape, Discovery
J. Gallagher finds the trial court properly denied defendant's motion to dismiss rape charges brought after a 16-year preindictment delay. He failed to present any witnesses or evidence to illustrate how the passage of time affected his case or prejudiced him, while the police officers and nurse involved in the victim's treatment were available at trial and were cross-examined by defendant's attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1588, Categories: Criminal Procedure, Sex Offender
J. Gallagher finds the trial court improperly determined the husband's sale of several investment products and dissipation of more than $60,000 from a checking account constituted financial misconduct. The profits from the investments were used to satisfy tax obligations, while the money from the checking account was wired to the wife's attorney or used to make mortgage payments on the marital residence; therefore, the award of $500,000 to the wife for financial misconduct will be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1585, Categories: Evidence, Family Law
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J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, Negligence, Contract
J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: Property, Jurisdiction, Contract
J. Gallagher finds defendant fails to show he received ineffective assistance during his firearm possession case. The lack of binding precedent at the time of defendant's conviction as to whether the Second Amendment allows convicted felons to possess firearms renders his conviction for possession of a firearm constitutional, while the Supreme Court's decision in Bruen only altered the analysis framework for future Second Amendment cases. Therefore, defendant's attorney was not required to raise the argument before the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 28, 2024, Case #: 2024-Ohio-1163, Categories: Constitution, Firearms, Ineffective Assistance
J. Gallagher finds that the trial court properly granted summary judgment to a private school in a contract dispute over full tuition charged to a parent for their early unenrollment of two students, as the contract language was clear and reasonably sought to cover costs incurred by the school for unenrollment. Additionally, the court did not error denying the parent’s motion to strike an affidavit provided by an employee of the school involved in accounting and managing tuition payments; the employee had personal knowledge of the school’s enrollment contracts and the costs involved in early unenrollment.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 22, 2024, Case #: 2024-Ohio-1060, Categories: Education, Contract
J. Gallagher grants, in part, two medical device firms’ motion to exclude a relator’s expert in the allegations of violations of the False Claims Act and Anti-Kickback Statute. The complaint claims that the firms used a surgeon locator on their website to market potential clients for the Lap-Band product. The relator’s expert has almost 20 years of experience as an accountant and fraud examiner with certification in healthcare compliance. The expert matched the firms’ spreadsheets to the Medicare and Medicaid procedures for the calculations regarding the amount of “inducement-tainted Lap-Band devices.” He fails to account for causation means in the claims at issue are irrelevant and offer no factfinder value. Therefore, the “number of claims” opinions are denied and will not be presented to the jury.
Court: USDC Maryland, Judge: Gallagher, Filed On: March 18, 2024, Case #: 1:17cv668, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Experts, False Claims
J. Gallagher finds the trial court properly terminated the mother's parental rights and granted permanent custody of the child to family services. She failed to take any steps to complete her case plan for nearly five months after the child was removed from her care and was also evicted from her home, which prevented her from providing a safe environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-950, Categories: Evidence, Family Law
J. Gallagher finds defendant's convictions for unlawful possession of a firearm were not against the weight of the evidence. Although there were inconsistencies in the testimony of the only witness to claim defendant had a gun on his person on the night of the shooting and she was disrespectful during trial proceedings, she also provided detailed evidence about where the gun was located and moved during the crime. Because the trial court was in the best position to determine witness credibility, the convictions cannot be vacated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-961, Categories: Evidence, Firearms
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: Criminal Procedure, Ineffective Assistance, Robbery
J. Gallagher finds testimony provided by each of the victims was sufficient to support defendant's rape and gross sexual imposition convictions despite some inconsistencies. Each victim spoke about a specific series of events to establish the elements of the crimes, while the amount of time that passed between the assaults and defendant's trial was likely to blame for any confusion regarding the dates of the crimes. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-954, Categories: Evidence, Sex Offender, Child Victims
J. Gallagher finds the trial court did not violate defendant's confrontation rights when it admitted statements made during the victim's 911 call. The statements were made during an ongoing emergency shortly after she had been assaulted by defendant and, therefore, were not testimonial. Meanwhile, testimony from the victim and an eyewitness established defendant brandished a firearm both outside and inside the victim's apartment; therefore, the trial court properly applied a firearm specification to defendant's aggravated burglary charge. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 7, 2024, Case #: 2024-Ohio-842, Categories: Confrontation, Firearms, Domestic Violence
J. Gallagher finds the juvenile court properly transferred defendant's case to adult court. Although he was only 14 at the time he committed the murders, he had already failed to respond to counseling and interventions, had a violent criminal history and was the principal offender of the crime at issue, which involved shooting two victims in the back without any provocation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 29, 2024, Case #: 2024-Ohio-729, Categories: Criminal Procedure, Juvenile Law, Murder
J. Gallagher finds the lower court properly denied the father's motion to amend his filings to include arguments regarding custody of the child. The mother did not consent to litigate the issue of custody at the hearing intended solely to determine whether the father received adequate parenting time under the couple's shared parenting plan; therefore, any discussion of that issue by the father would have violated the mother's due process rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 22, 2024, Case #: 2024-Ohio-661, Categories: Civil Procedure, Family Law, Due Process
J. Gallagher finds the trial court properly denied defendant's motion to separate his assault and murder charges into two trials. The evidence for each of the sets of charges was simple and direct, while the crimes also occurred on separate dates at separate locations, which prevented any chance of confusion by the jury. However, the trial court erroneously failed to consider defendant's age of 17 at the time he committed the offenses, and so defendant's sentence of life in prison with parole eligibility after 63 years will be vacated and the case remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 8, 2024, Case #: 2024-Ohio-467, Categories: Juvenile Law, Murder, Sentencing
J. Gallagher finds the trial court properly denied defendant's motion to bifurcate his offenses into separate trials because each murder, which occurred days apart and were entirely unrelated, had distinct evidence with no possibility of creating confusion among the jury. Meanwhile, defendant's confrontation rights were not violated when a police officer testified about statements made by a victim and several employees of the convenience store where one of the victims worked. All of the statements were made in the immediate aftermath of the shootings, which allowed them to be admitted under the excited utterance hearsay exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 1, 2024, Case #: 2024-Ohio-337, Categories: Criminal Procedure, Confrontation, Murder
J. Gallagher grants summary judgment in favor of the department in this employment dispute brought by a former employee alleging discrimination and retaliation. The employee stated she was terminated due to her performance evaluation because she did not have proper training to perform her task. The department shows uncontroverted evidence demonstrating well-documented performance concerns and that the employee would not have retained her position.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 30, 2024, Case #: 1:22cv1719, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Gallagher denies a video subscription service’s motion for reconsideration in this class action filed by subscribers that claim the website unlawfully disclosed to Facebook their personally identifiable information in violation of the Video Privacy Protection Act and the California state law. The video subscription service has not provided the court with any authority that online users manifest assent to a provider’s terms. The court also denies the class of subscribers’ motion to appoint counsel because the factors outlined have not been met.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 17, 2024, Case #: 1:23cv2265, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Gallagher finds the lower court properly denied defendant's successive motion for postconviction relief. There was no indication the police reports obtained after trial through a public records request were not disclosed to the state during trial or unavailable when defendant was initially tried or filed his first postconviction motion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: January 11, 2024, Case #: 2024-Ohio-66, Categories: Murder, Due Process
J. Gallagher finds the state failed to prove the state of mind required to convict defendant of forgery for his application to use his employer's address on his driver's license and vehicle registrations. As a police officer, defendant was eligible to use his work address on the documents, and the state does not dispute a correctly filled out form would have prevented any criminal prosecution. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 28, 2023, Case #: 2023-Ohio-4787, Categories: Evidence, Forgery