52 results for 'judge:"Kennedy"'.
J. Kennedy finds that although Ohio law establishes a five-year time limit on the continuing jurisdiction of the Industrial Commission over a workers' compensation claim, that limit does not extend past administrative proceedings to trial or appeals courts involved in an employee's claim; therefore, the common pleas court erroneously dismissed the worker's claim as expired. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: May 1, 2024, Case #: 2024-Ohio-1625, Categories: Civil Procedure, Jurisdiction, Workers' Compensation
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: Vehicle, Negligence, Experts
J. Kennedy finds that the lower court properly denied the appellants' motion to compel arbitration in this lawsuit involving a multi-level marketing company and its directors. As to the corporate appellants, they "substantially invoked the judicial process to the detriment of appellees," while the individual appellants fail to show "the existence of an agreement to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 14, 2024, Case #: 05-23-00661-CV, Categories: Arbitration, Employment, Fiduciary Duty
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J. Kennedy finds that the lower court properly ordered the appellant to be civilly committed pursuant to Texas Health and Safety Code Chapter 841, after a jury found the appellant to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently supports the jury's determination and the judgment. At trial, a psychologist testified that the appellant has "a behavioral abnormality," and there was no evidence to refute her evaluation. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 13, 2024, Case #: 05-23-00334-CV, Categories: Evidence, Commitment
J. Kennedy finds attorney Joseph Bell will be indefinitely suspended from the practice of law for a felony conviction that stemmed from his solicitation of sex from an undercover police officer whom he believed to be a 15-year-old girl. Bell was an assistant prosecutor in the juvenile division of the Cuyahoga County Prosecutor's Office, which makes his behavior more egregious because his job involved protecting children. Before he can apply for reinstatement in two years, he must complete community control sanctions imposed by the criminal court and submit proof from a medical professional that he has continued counseling.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 13, 2024, Case #: 2024-Ohio-876, Categories: Sanctions, Attorney Discipline
J. Kennedy finds attorney Amber Renee Goodman will be permanently disbarred after she was convicted on a felony charge of unlawful sexual contact with a minor, which stemmed from her repeated rape of the 13-year-old daughter of her boyfriend. Although Goodman admitted her conduct was wrong and was previously abused by two husbands, she failed to take full responsibility for her actions, while a conviction for such heinous actions prevents her from ever serving as an attorney in the future.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 12, 2024, Case #: 2024-Ohio-852, Categories: Sanctions, Attorney Discipline
J. Kennedy finds that discretionary immunity is a jurisdictional bar, not an affirmative defense, to claims brought against the state, including the one filed against Ohio State University by students who lost certain fees when in-person learning was suspended during the Covid-19 pandemic. Therefore, the case must be remanded to the appeals court to determine whether the university is immune from suit for its actions. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 6, 2024, Case #: 2024-Ohio-764, Categories: Government, Immunity, Jurisdiction
J. Kennedy finds the appeals court properly denied the injured employee's petition for a writ of mandamus. Once the Industrial Commission determined she had reached maximum medical improvement and was no longer entitled to workers' compensation benefits, the Bureau of Workers' Compensation was required under Ohio law to recoup the overpayments made between the time she reached maximum improvement and the commission's decision. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 5, 2024, Case #: 2024-Ohio-744, Categories: Civil Procedure, Employment, Workers' Compensation
J. Kennedy finds that the lower court properly denied the employee's request for a new trial in this negligence lawsuit stemming from a bicycle accident. The employee was granted a default judgment but was not awarded the full damages he sought. The lower court did not abuse its discretion by not awarding damages for past pain and suffering or physical impairment. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 22, 2024, Case #: 05-23-00311-CV, Categories: Damages, Negligence
J. Kennedy finds that Marion County Common Pleas Court Judge Jason Warner will be indefinitely suspended from the practice of law for felony convictions related to a hit-and-run car accident that occurred after he and his wife left a party where they had been drinking alcohol. Although Warner was not the driver of the car, he left the scene and waited more than nine hours to call law enforcement, but because the misconduct was not committed in his judicial capacity, he will be suspended and not disbarred.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 16, 2024, Case #: 2024-Ohio-551, Categories: Judiciary, Sanctions, Attorney Discipline
J. Kennedy finds the trial improperly weighed the credibility of defendant's testimony and denied his request for a self-defense jury instruction during his attempted murder trial. Its job was simply to determine if there was adequate evidence to support each element of a self-defense claim. Defendant, a cab driver, proved he was not at fault for the altercation with a patron who refused to pay for his fare, while the fact the patron was heavily intoxicated and half the age of defendant supported defendant's claim he feared for his life when the patron followed him out of a convenient store. Therefore, his convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 15, 2024, Case #: 2024-Ohio-539, Categories: Assault, Self Defense, Jury Instructions
J. Kennedy finds that the lower court properly granted summary judgment to the appellee on the appellant's negligence claim stemming from an alleged automobile accident. The lower court did not err in dismissing the appellant's claim based on a "lack of due diligence in serving process." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 15, 2024, Case #: 05-22-01363-CV, Categories: Civil Procedure, Tort
J. Kennedy finds that the lower court properly granted summary judgment to the appellees on their fiduciary duty and securities claims against the appellant. Their petition alleged that certain material facts were misrepresented in connection with their investments. The lower court did not err "by refusing to withdraw the deemed admissions," as the appellant argues. Also, the evidence shows that the appellant was a "seller" under the Texas Securities Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 7, 2024, Case #: 05-23-00238-CV, Categories: Securities, Fiduciary Duty
J. Kennedy finds that the lower court properly confirmed an arbitration award in favor of the appellee company in this dispute involving the construction of an affordable housing property and the option provision contained within the parties' limited partnership agreement. The court rejects the appellant's argument that "the option was indefinite and unenforceable." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: January 26, 2024, Case #: 05-22-00721-CV, Categories: Arbitration, Housing, Contract
J. Kennedy finds that the lower court improperly dismissed the couple's petition to adopt the child. The husband is related to the child's grandmother, making him a first cousin once removed, which falls within the purview of a related adoption under the Adoption Act. First cousins once removed are more closely related than second cousins, which are expressly permitted to petition for a related adoption. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: January 11, 2024, Case #: 230275, Categories: Family Law
J. Kennedy finds Cuyahoga County Common Pleas Court Judge Daniel Gaul will be suspended from the practice of law and his judicial office, without pay, for one year for coercing plea deals out of several defendants, improperly questioning numerous defendants during their trials, and making demeaning comments to various defendants. Although Gaul did not engage in the misconduct to further his own interests, he repeatedly refused to admit the wrongful nature of his conduct and has a prior disciplinary record, which requires the court to impose a suspension that will not be stayed in any way.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: December 29, 2023, Case #: 2023-Ohio-4751, Categories: Judiciary, Sanctions, Attorney Discipline
J. Kennedy finds that the lower court improperly entered an order partially denying the appellant engineering firm's chapter 150 dismissal motion in this suit allegedly involving a highway construction project and a head-on collision. The order preserved the negligence claims relating to an alleged failure to remove the original lane markings, but all of the claims against the engineering firm should be dismissed, as the claims concerning an inspection of the work site are subject to chapter 150. The case is also remanded to determine whether dismissal should be with or without prejudice. Reversed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: November 27, 2023, Case #: 05-23-00562-CV, Categories: Civil Procedure, Negligence
J. Kennedy finds that the lower court properly terminated the mother's parental rights to one child and appointed her possessory conservator of another child. The evidence sufficiently supports the lower court's best interest finding as to termination. Also, there was no abuse of discretion in appointing a non-parent managing conservator. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: November 9, 2023, Case #: 05-23-00536-CV, Categories: Evidence, Family Law
J. Kennedy finds the lower court erroneously dismissed the vexatious litigator's objections to its previous decision. The objections were mailed three hours before another court declared him a vexatious litigator and, therefore, were part of the "filing process" and not a continuance of the case. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: November 7, 2023, Case #: 2023-Ohio-3993, Categories: Civil Procedure
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: Burglary, Sentencing, Theft
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, Jury Instructions
J. Kennedy finds the appeals court erroneously vacated defendant's conviction for gross sexual imposition because the victim's blindness constituted a substantial impairment under Ohio law that prevented her from defending against unwanted contact. Although the facility at which defendant worked and the victim lived was an independent living facility and defendant's interactions with the victim were limited, he knew she was blind and testified he understood she had poor hygiene and had soiled her pants prior to their sexual contact, all of which allowed a reasonable jury to infer defendant was aware of the victim's disabilities and inability to consent. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 2023-Ohio-3800, Categories: Evidence, Sex Offender