61 results for 'judge:"Jenkins"'.
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: Contempt, Family Law, Contract
J. Jenkins vacates the judgment ordering that a father shall no longer communicate with his children's school because that judgment is not a custody judgment but is a permanent injunction. In this case, a trial on the permanent injunction never took place. Further, the trial court failed to implement the correct procedures at an earlier hearing by not holding a full trial on the merits before ruling on a principal dispute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: April 3, 2024, Case #: 2023-CA-0502, Categories: Civil Procedure, Family Law, Injunction
J. Jenkins finds the lower court properly determined that an arbitration agreement, signed by a health care agent, does not bind the principal to its terms. A patient at a skilled nursing facility had executed a medical power of attorney prior to being admitted. The power of attorney designated a specific person to act as his agent concerning health care matters, and when the patient experienced a medical circumstance that required a stay at a skilled nursing facility, his agent signed a contract for the patient to be admitted and a separate arbitration agreement. When the patient was discharged and decided to file suit against the nursing facility regarding his care, the nursing facility asked the court to compel arbitration per the agreement. But the lower court found that the patient’s admission was not contingent upon the agent signing the separate arbitration agreement, therefore the arbitration agreement was outside the scope of the agent’s authority, as it was not a health care decision at that point. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: March 28, 2024, Case #: S276545, Categories: Arbitration, Health Care, Contract
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J. Jenkins partially grants the defendant isobutane manufacturer’s motion to dismiss a pharmaceutical company’s breach of contract, breach of warranty, negligence and product liability claims. The isobutane manufacturer produces a component used in the pharma company’s antifungal spray, and now the pharma company accuses the manufacturer of contaminating that component with benzene. The court allows most of the pharma company’s claims to stand but dismisses its negligence and strict liability claims, finding they are barred by the economic loss doctrine.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 24, 2024, Case #: 1:23cv4391, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
J. Jenkins partially grants the suing personal protective equipment manufacturer’s motion to dismiss the defendant capital investment firm’s counterclaims, brought as part of an ongoing contract dispute between the parties. Both parties accuse the other, in various ways, of ruining a deal between them to make and sell personal protective equipment during the early days of the Covid-19 pandemic. In response to the manufacturer’s lawsuit and refusal to hand over $8 million in profits, the capital investment firm brought counterclaims for contract breach, conversion, accounting and violations of the Illinois Sales Representative Act. The court strikes the investment firm’s accounting claim and several affirmative defenses, and dismisses its conversion and Illinois Sales Representative Act violation claim. It may still pursue damages against the manufacturer in a limited capacity.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 18, 2024, Case #: 1:21cv1094, NOS: Constitutionality of State Statutes - Other Suits, Categories: Damages, Accounting Malpractice, Contract
J. Jenkins partially grants a motion for summary judgment from an Illinois village and its police, on claims the police used fatally excessive force during an arrest. The arrestee died of choking-related injuries he sustained after swallowing a plastic bag while police were on top of him and holding him down. The court grants judgment to the police on the excessive force claim as to the allegation that they stuck a plastic bag in the arrestee’s mouth, finding it is not sufficiently backed by evidence, but allows the excessive force claim to stand regarding other elements of the arrest.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 5, 2024, Case #: 1:21cv3236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Jenkins vacates the resentencing of defendant to life imprisonment because the district court did not comply with the statute requiring consideration of aggravating and mitigating factors. Further, the district court did not allow any argument on the merits of defendant's motion to reconsider sentence. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: February 16, 2024, Case #: 2023-KA-0605, Categories: Criminal Procedure, Sentencing
J. Jenkins mostly denies a wedding center’s motion to for summary judgment on a former employee’s ADA, wrongful termination and retaliation claims. The former employee claims the wedding center fired her in retaliation for a week she spent hospitalized for a mental health crisis, after her superiors sent her insulting texts over her absence. The court finds she has sufficiently alleged her claims, but tosses her request for damages stemming from retaliation under the ADA.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 24, 2024, Case #: 1:22cv2925, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Jenkins partially grants an auto supply company’s motion for summary judgment on its former employee’s age discrimination and retaliation claims. The former employee, 73, claims he was demoted from his Regional Sales Manager position in the company, and eventually fired, to make way for younger replacements. He also maintains he was fired from his next sales job due to the company’s interference. The court finds the employee has sufficiently alleged his age discrimination claim, but not his retaliation claims.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 23, 2024, Case #: 1:21cv5063, NOS: Insurance - Contract, Categories: Employment, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Jenkins denies relief to the oil companies because the subsequent purchaser doctrine does not apply in the underlying action. The law does not provide the heirs a cause of action under redhibition and the right to sue for rescission of the sale because there was no sale of property.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: January 22, 2024, Case #: 2023-CA-0212, Categories: Civil Procedure, Contract
[Consolidated.] J. Jenkins finds that the trial court should not have found for an oil company on property owner heirs' claims that the oil company improperly disposed of hazardous substances on their property and concealed information of the contamination on the basis that BP's predecessors ceased their activities on the property by 1968, which was prior to the heirs acquiring the property. It was error to determine that the subsequent purchaser doctrine applied to the exchange of property because the transaction was an exchange and not a sale. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 20, 2023, Case #: 2023-CA-0212, Categories: Civil Procedure, Property, Contract
J. Jenkins finds that the trial court should not have determined the Department of Culture to be immune from an injured walker's claim arising from falling into an open drain in City Park. In this case, the walker was not undertaking a recreational activity but was attending a commercial enterprise event. The department did not show that the event was a recreational activity in the "true outdoors," encompassing fishing, hunting, and camping. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 18, 2023, Case #: 2023-CA-0416, Categories: Immunity, Premises Liability
J. Jenkins finds that the trial court properly denied a security company's motion for partial summary judgment on the issue of liability for a doctor's claim that he was injured when two security guards removed him from a hospital. The doctor alleges that the security company hired the security guards and directed them to take the actions resulting in his removal from the hospital. Therefore, the doctor's allegation could support a cause of action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 18, 2023, Case #: 2023-CA-0415, Categories: Negligence, Contract
J. Jenkins finds that the trial court properly dismissed an insured's claim against his insurance agent for not procuring the proper coverage for their fence that was damaged in Hurricane Laura. In this case, the emergency suspension order due to Hurricane Ida did not attach additional time to the Keatings’ running of prescription on their claim. The insured's claims did not prescribe within the 30-day emergency suspension period that commenced on August 26, 2021, but on October 14, 2021. The insured's petition was filed on November 9, 2021. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 8, 2023, Case #: 2023-CA-0232, Categories: Civil Procedure, Insurance, Contract
J. Jenkins vacates the trial court's judgment annulling the default judgment to the lumber supplier and awarding a judgment in favor of the builder. In this case, the supplier's due process rights related to notice of trial were violated because there is nothing in the record showing that notice of the trial date was issued directly to it. The notice was only provided to its former counsel who was ineligible to practice law. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 28, 2023, Case #: 2023-CA-0186, Categories: Civil Procedure, Debt Collection, Due Process
J. Jenkins partially denies two food companies’ motion to dismiss, for failure to state a claim and for lack of subject matter jurisdiction, and their motion to strike class allegations in a deceptive labeling lawsuit brought by a consumer. One of the firms is Wahlburgers, owned by the celebrity brothers Donnie, Paul and Mark Wahlburg. The consumer says three dill pickle-flavored snacks are misleadingly labeled as “Fresh,” “All Natural” and contain “No Preservatives.” The consumer failed to provide pre-suit notice on his warranty claim and it is stricken. Whether the consumer may sue on behalf of a class of consumers will be decided when class discovery is completed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: November 3, 2023, Case #: 1:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action, False Advertising
J. Jenkins finds that the trial court should not have imposed sanctions against an injured motorist for not providing his medical history while undergoing a medical examination. In this case, the record shows that the motorist did attend the medical examination, and the evidence was not sufficient to show that the failure to verbally give his medical history was willful disobedience of the judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 2, 2023, Case #: 2023-CA-0064, Categories: Evidence, Sanctions
J. Jenkins grants summary judgment in favor of an insurance company in this suit that one of their insured customer’s adulterated products and sold them to an oral hygiene supply company. The supply company recalled the kits that were tainted and disposed of the solutions as required by government guidelines. The evidence is undisputed that there was no “occurrence” within the insured’s policy and the insurance company does not have to make any payments. The case is terminated for further proceedings.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: October 25, 2023, Case #: 1:19cv5308, NOS: Other Contract - Contract, Categories: Evidence, Insurance, Contract
J. Jenkins finds that the trial court should not have denied relators' petition to cancel liens to two of five disputed properties. The respondent entered into five separate mortgage agreements with relators acting as brokers. In this case, the respondent did not file for injunctive relief to stop the seizure and sale of the two properties to the relators, and there is no evidence that the respondent filed a motion for suspensive appeal of the judgments ordering the seizure and sale of the two properties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: October 11, 2023, Case #: 2023-C-0472, Categories: Property, Contract
J. Jenkins finds that the district court should not have denied defendant's motion to exclude the admission of the third 911 call from a neighbor in his second degree murder trial because the 911 call contained inadmissible hearsay statements. In this case, the neighbor did not witness the events as they occurred and recounted to the 911 operator what was told to her by another person who "told me to call the ambulance." The neighbor told the dispatcher that she "wasn't outside" and could not tell the dispatcher what the suspect was wearing. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: October 6, 2023, Case #: 2023-K-0534, Categories: Evidence, Murder
J. Jenkins finds that the trial court should not have granted a permanent injunction for a neighbor to remove bamboo planted on the property line of the adjacent owner under La. C.C. art. 688. The bamboo is not common, so the adjacent property owner does not have the right to demand the removal of the bamboo under La. C.C. art. 687. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: October 6, 2023, Case #: 2023-CA-0090, Categories: Evidence, Property
J. Jenkins partially grants Chicago and its police officers’ motions to dismiss Chicago residents’ civil rights claims, brought over the city’s use of the controversial ShotSpotter gunshot alarm system. The residents claim the use of ShotSpotter has led to hundreds of wrongful arrests, not to mention police killings. The court dismisses these civil rights claims against the now-resigned police superintendent David Brown, and also tosses an intentional infliction of emotional distress claim and a malicious prosecution claim against the individual cops implicated in the suit. The rest of the suit against the city and its police stands.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 29, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct
J. Jenkins partially grants a Chicago suburb's motion for summary judgment on its Albanian-American former employee's national-origin discrimination, hostile work environment, and retaliation claims. The court finds the former employee has not sufficiently alleged her national-origin discrimination claim, but allows her hostile environment and retaliation claims stand to the extent that they are based on specific instances of abuse the former employee suffered from her coworkers.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 14, 2023, Case #: 1:20cv7379, NOS: Insurance - Contract, Categories: Employment Discrimination, Employment Retaliation