105 results for 'judge:"Kelly"'.
J. Kelly finds that the trial court properly convicted defendant, the owner of a group home, of indecency with a child. Defendant argues that it was not her who took advantage of the 5-year-old victim, but she who was the victim. Reviewing the evidence, the trial court used its common sense to conclude that it was defendant, an adult woman, who caused the child to touch her sexual organs. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 25, 2024, Case #: 03-22-00697-CR, Categories: Sex Offender, Child Victims
J. Kelly finds that the trial court improperly ruled against the owner of an oil and gas company in a leasing case brought by a holdings firm. The trial court found that the lease had been terminated due to lack of production. The trial court's decision was in error because fact issues remain on whether production had totally ceased on the tract of land. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 24, 2024, Case #: 03-22-00478-CV, Categories: Property
J. Kelly finds that the trial court properly ruled in a trust termination suit filed by an attorney, who previously represented a minor in a personal injury case that established an annuity to be paid to the minor through a trust. The trial court signed an agreed order discharging the trust, ordering it to make payments to the minor and the attorney. However, after the trust sought to vacate the order on the grounds it interfered with its contractual rights to the owner of the annuity, the trial court rescinded its previous order. On appeal, the attorney seeks to challenge the trial court's decision. Because the court's order vacating the agreement is not a final appealable judgment, the attorney lacks the authority to bring his challenge.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 19, 2024, Case #: 03-23-00791-CV, Categories: Settlements, Trusts
J. Kelly finds that the trial court properly ruled to terminate a father's parental rights to his child. The father's use of methamphetamine endangered his child's physical, mental and emotional well-being by opening the father up to possible incarceration; thus, the termination of his rights was justified to protect the child. Affirmed
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 12, 2024, Case #: 03-23-00658-CV, Categories: Family Law
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: Fraud, Insurance, Class Action
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J. Kelly finds the court of appeals improperly ruled in favor of a timeshare resort in a premises liability case filed against it by a family that was injured in a deck collapse. The trial court granted the timeshare's motion for summary judgment, finding the family were trespassers under the law and were owed no duty of care because they were guests of the owners of the timeshare. Despite not being the owners of the timeshare, they still had a right to be present on the property. Therefore, the trial court erred in finding they were trespassers. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 3, 2024, Case #: 03-22-00498-CV, Categories: Property, Premises Liability, Contract
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: Civil Rights, Evidence, Police Misconduct
J. Kelly grants the coal company owner's estate's and the company's subsidiaries' motion to dismiss the miners' pension plan's trustees' suit alleging that the coal company's withdrawal from a collective bargaining agreement during its 2019 bankruptcy proceedings left the subsidiaries with $6.5 billion in withdrawal liability. Under the agreement, for trustees to take action on behalf of the plan, that action requires agreement by one of two union trustees and one of two employer trustees. In this case, the employer trustee pursuing the action was not properly appointed as a trustee, having been appointed as an alternate only for the purpose of addressing matters related to the bankruptcy. That trustee was not a "successor" trustee or otherwise sufficiently authorized to bring this suit.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:21cv567, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Trusts
J. Kelly grants the hospital's motion for summary judgment in its suit against the Secretary of Health and Human Services challenging an administrative finding that the Provider Reimbursement Review Board could not review the hospital's full-time equivalent resident cap for the years from 2004-2007, in which it inadvertently omitted four programs from reimbursement calculations. The Board's decision was based on a flawed reading of the Medicare Modernization Act. The hospital's full-time equivalent resident cap was not an unreviewable "determination" made by the Secretary. Even if it was, the 2006 and 2007 caps are not precluded from review, since the Secretary only used the hospital's 2002 cap in determining the hospital's "otherwise applicable resident limit."
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:20cv3160, NOS: Medicare Act - Contract, Categories: Administrative Law, Health Care
J. Kelly finds a lower court properly dismissed a mother's civil rights and deliberate indifference claims against a police department and a county detention center. The mother argued that corrections employees failed to prevent her son from hanging himself inside of a jail cell, which resulted in his death. However, the corrections center employees are protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: March 29, 2024, Case #: 21-2459, Categories: Civil Rights, Immunity, Negligence
J. Kelly grants the Oklahoma Department of Human Services employees' motions to dismiss with respect to the Section 1983 claims in this case arising from the death of an infant allegedly "at the hands of his foster mother." The complaint contends that the employees would have known about the foster mother's "referrals for potential child welfare concerns and domestic violence" based on an OKDHS database. However, the court concludes that the Section 1983 claims are barred by limitations. Also, the remaining state law claims are remanded to state court.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: March 28, 2024, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Wrongful Death
J. Kelly finds that the trial court improperly ordered a hosting facility to restore electricity to a premises used by a bitcoin mining operation. The trial court's injunction fails to satisfy the requirement under the rules of Civil Procedure 683 that temporary injunctions describe in "specific" and "reasonable detail" the acts being restrained. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 27, 2024, Case #: 03-23-00853-CV, Categories: Civil Procedure, Corporations, Injunction
J. Kelly certifies question to the Oklahoma Supreme Court whether the state attorney general can “take and assume control” from the governor, who was sued in his official capacity, to defend the state’s interests against four tribes’ challenge to the validity of certain tribal gaming compacts. The district court poses the question on its own initiative and, thus, denies the attorney general’s motion to certify the question as moot.
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 21, 2024, Case #: 1:20cv2167, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Civil Procedure
J. Kelly finds that the trial court properly ruled against a construction company owner in a fraud case he filed against a trust that owned property he was contracted to renovate. When one of the members of the trust failed to pay the contractor for his services, he sued alleging various claims and was awarded a judgment against a single member of the trust, not the trust itself. The evidence shows that the single member of the trust that the contractor secured a judgment against acted alone in their actions and did not implicate the trust as a liable party. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 7, 2024, Case #: 03-22-00441-CV, Categories: Construction, Trusts, Contract
J. Kelly grants a petition for writ of mandamus filed by the mother asking for a lower court’s order granting her plea to the jurisdiction in a suit affecting the parent-child relationship to be restored. The mother's former partner brought the underlying suit and sought to be appointed as a joint managing conservator of the son. The trial court lost its plenary power 30 days following the issuing of the order dismissing the suit. Because the subsequent actions took place after that period, the court abused its discretion and the order still stands.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 29, 2024, Case #: 03-23-00620-CV, Categories: Civil Procedure, Family Law
J. Kelly finds a lower court properly sentenced a defendant to 96 months in prison and three years probation. The defendant argued that the lower court erred in applying an attempted murder cross reference to his sentence to decide the level of his crime. However, the government presented sufficient evidence in court that the defendant shot a female associate in the leg after getting kicked out of a bar, intending to cause her death. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: February 22, 2024, Case #: 23-1260, Categories: Firearms, Probation, Sentencing
J. Kelly finds that the trial court improperly ruled in this dispute over membership interest in a business because the wife owns the shares, and she is not required to sell the shares to the company. Reversed.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: February 16, 2024, Case #: 2D22-1800, Categories: Contract
J. Kelly finds that the lower court improperly in part ruled against a ranch after it sued a pipeline owner with claims that a pipeline leaked on its property, causing contamination. While the lower court correctly tossed a series of fraud and trespass-related claims due to a lack of evidence pointing to intent, the farm's primary tort claims have the right to proceed. Despite the pipeline owner claiming there was no leak, an expert's report says there have been traces of diesel fuel and gasoline at the property, a fact that even alone is enough to show evidence of damage to the property. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: February 13, 2024, Case #: 23-7001, Categories: Property, Tort
J. Kelly finds the United States Department of Commerce (Commerce) properly used a method of simple averaging to aid in the calculation of the antidumping duty on certain steel nails from Taiwan. While the lower court found that academic literature indicates using a weighted average, Commerce adequately explained that when considering two full populations, it found simple averaging to be the proper methodology. The instant court finds Commerce’s explanation reasonable and sustains its determination.
Court: Court of International Trade, Judge: Kelly, Filed On: February 12, 2024, Case #: 24-15, Categories: Commerce
J. Kelly finds the trial court properly dismissed the previous owner's breach of contract claims against the current owner, alleging that his decision to sell the property to a developer violated the purchase agreement transferring the property. On appeal, the previous owner argues that his oral agreement with the current owner made clear that the property could not be sold before the balance of a 10-year loan was paid off. Contrary to the alleged oral agreement, a promissory note unambiguously reflects a possibility of the sale of the property before the loan is paid off and any penalties that may be incurred were the current owner to decide to sell the property. The existence of such an agreement negates the previous owner's claims of fraud, thus justifying the trial court's dismissal of his claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 7, 2024, Case #: 03-22-00399-CV, Categories: Property, Tort, Contract