54 results for 'judge:"May"'.
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: Property, Immunity, Negligence
J. May finds that the lower court properly denied defendant a jury instruction on parental privilege in his trial for intimidation and battery because defendant's actions in threatening his child with a knife did not fall under parental privilege. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 1, 2024, Case #: 23A-CR-1060, Categories: Jury, Battery
J. May finds that an employee was properly awarded workers' compensation after decades of hard manual labor caused a rotator cuff tear in his shoulder because four separate doctors concluded that the employee's injury had been caused by his work. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: March 29, 2024, Case #: 22-1328, Categories: Experts, Workers' Compensation
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J. May finds the trial court improperly granted the apartment owner possession of the rent-subsidized tenant's apartment. The owner sought to take possession of the apartment when the tenant's lease ended, citing his nonpayment of rent and behavior. The owner violated federal law by failing to give the tenant a 30-day notice, as required. The notice provision did not expire with the Covid-19 temporary eviction moratorium. Reversed.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 22, 2024, Case #: 23A-EV-1404, Categories: Landlord Tenant, Covid-19
J. May holds the trial court properly found in favor of the brother in this will contest. The sisters contest whether their brother properly challenged their petition for review of their mother's trust by filing a second petition to docket trust in the cause of action contesting the validity of an amended instrument opened by the sisters. The brother's petition to docket another amended instrument in the same cause of action where his sisters filed their petition to docket the first amended instrument sufficiently put them on notice regarding his challenge. Competing claims regarding the validity of the other instrument remain. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: May , Filed On: March 15, 2024, Case #: 23A-TR-807, Categories: Trusts, Wills / Probate, Due Process
J. May finds that defendant was improperly convicted of child endangerment since the state failed to prove the children, who range in age from 5 to 12, were endangered when the mother left them asleep in their home while she went to Walmart for groceries.
Court: Iowa Supreme Court, Judge: May, Filed On: February 16, 2024, Case #: 22-1581, Categories: Child Victims
J. May finds the trial court properly sentenced a man to life in prison for one count of murder and two counts of attempted murder that he committed as a juvenile. The man argues the consecutive life sentences are a violation of his civil rights and the state responded by stating the consecutive sentences are constitutional because he will have two judicial reviews after 25 years. Therefore, he could be released after 50 years, and this is not a violation.
Court: Florida Courts Of Appeal, Judge: May, Filed On: February 14, 2024, Case #: 4D2022-0876, Categories: Murder, Sentencing
J. May finds that a clinic was properly denied summary judgment in negligent retention claims in which an injured patient contended the clinic retained a surgeon not fit to practice surgery. The clinic operated as a licensed professional per Iowa Code 668.11 and thus was not entitled to dismissal. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0576, Categories: Employment, Negligence
J. May finds that the lower court properly dismissed tort claims contending a child died a day after a feeding tube had been dislodged during treatment at the University of Iowa Hospitals and Clinics. While the parents did not present separate individual claims, claims brought by the estate for the child may proceed. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0759, Categories: Civil Procedure, Medical Malpractice
J. May finds that the owner of a cow was properly granted summary judgment after the cow strayed onto the highway and was hit by a truck because the driver failed to produce evidence indicating the cow owner failed to maintain his fence or that his negligence allowed the cow to escape onto the road. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: February 2, 2024, Case #: 22-1337, Categories: Negligence
J. May finds that attorney David Leitner should be suspended from the practice of law for two years since the record indicates he engaged in fraud with a client in order to deceive the client's creditors, then failed to answer the state grievance commission.
Court: Iowa Supreme Court, Judge: May, Filed On: December 8, 2023, Case #: 23-0099, Categories: Attorney Discipline
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: Drug Offender, Evidence, Probation
J. May finds that evidence obtained after defendant was pulled over for obscuring his rear license plate was improperly suppressed because the plate cover violated Iowa traffic statute. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: November 9, 2023, Case #: 22-1234, Categories: Search
J. May finds that the lower court properly held that the state, as employer, breached collective bargaining agreements by refusing to collect dues from member paychecks because the unambiguous written agreement requited the state to honor all authorization cards regardless of whether the cards were received before or during the 2017–2019 term. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: October 27, 2023, Case #: 22-0790, Categories: Civil Procedure, Labor / Unions