46 results for 'judge:"Mitchell"'.
J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: Tort, Damages
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: Civil Procedure, Insurance, Wrongful Death
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Mitchell finds that the lower court properly convicted defendant of rape and sentenced him to 40 years in prison. The court did not err by admitting a video of the victim's interview at the Child Advocacy Center. The victim's statements were spontaneous, consistent, and made within hours of the crime. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 26, 2024, Case #: WD85913, Categories: Evidence, Sex Offender
J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: Arbitration, Wrongful Death, Guardianship
J. Mitchell finds the trial court improperly ruled when finding a builder in breach of contract, as alleged by the city, when a project developer went bankrupt and the bank failed to finish the roads for the subdivision. The builder should not have been held responsible for the bank's contractual breach. Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0612, Categories: Bankruptcy, Construction, Contract
[Consolidated.] J. Mitchell affirms the circuit court's ruling that the county overvalued the property at a petrochemical plant when it assessed property taxes. The evidence supports the finding that the county's appraisals did not accurately reflect the property's fair market value. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0183, Categories: Property, Real Estate, Tax
J. Mitchell finds that the lower court properly found the medical transportation company negligent for failing to secure a passenger's wheelchair, causing her to hit her head. The company failed to properly preserve its claim that the court erred in admitting evidence of three other similar incidents involving different drivers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 12, 2024, Case #: WD86114, Categories: Evidence, Negligence
J. Mitchell finds the lower court properly determined that an attorney who was appointed as the administrator ad colligendum of the decedent's estate was not permitted to bring a wrongful death action against rehabilitation center. Caselaw specifies that only executors and general administrators may serve as personal representatives in a wrongful death action.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 8, 2024, Case #: SC-2023-0635, Categories: Wills / Probate, Jurisdiction, Wrongful Death
J. Mitchell finds that the lower court improperly enjoined the Board of Elections from counting and reporting votes related to the "Bring Chicago Home" referendum on the March 19, 2024 ballot, which relates to the creation of a graduated transfer tax on Chicago real estate. The complaint challenging the proposed initiative is premature, and the lower court erred by interfering with the legislative process. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: March 6, 2024, Case #: 240417, Categories: Elections, Real Estate, Tax
Vice Chancellor Will dismisses shareholder derivative claims contending Walgreens' audit committee board failed to provide oversight regarding overbilling for insulin pens. Demand was not excused since plaintiffs failed to plead the board acted in bad faith by failing to address the issue sooner.
Court: Delaware Chancery Court, Judge: Mitchell, Filed On: February 19, 2024, Case #: 2021-0240-LWW, Categories: Fiduciary Duty
[Consolidated.] J. Mitchell reverses the lower court, instead finding that embryos outside of the biological uterus in a cryogenic nursery should be viewed as children, allowing coverage under the state's Wrongful Death of a Minor Act. This permits the parents whose embryos were destroyed to pursue punitive claims against the medical center. Reversed in part.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: February 16, 2024, Case #: SC-2022-0515, Categories: Constitution, Government, Negligence
J. Mitchell finds that the lower court properly rejected a company's challenge to the state's award of a contract for non-essential medical transportation services to another bidder. There was no evidence that the state's evaluators abused their discretion when applying adjectival ratings to the bids submitted by bidders. The record supported the evaluators' decision to give the company a "Superior" rating rather than "Distinctive." Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86090, Categories: Administrative Law, Contract
J. Mitchell finds that the lower court properly found for the university in a breach of employment contract dispute with a non-tenured professor. The university was justified in terminating the professor's contract after learning of his alleged misconduct on a study abroad trip. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: January 16, 2024, Case #: WD86136, Categories: Employment, Contract
J. Mitchell finds the county court properly terminated the mother's parental rights to her two children. After removal, the mother did not correct her issues with substance abuse and neglect, or the lack of a safe and stable home. The children had been in foster care for six months before termination, and there had been significant erosion in the relationships due to the prolonged absence. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 120893, Categories: Evidence, Family Law, Guardianship
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: Administrative Law, Property, Contract
J. Mitchell partly grants a community information company's motion to leave to file a third amended complaint against a competitor. The community information company sufficiently showed that the competitor violated the parties' customer agreement by ordering information from it and reselling it at a higher price, in violation of its trade secrets.
Court: USDC Kansas, Judge: Mitchell, Filed On: December 19, 2023, Case #: 2:22cv2475, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
Vice Chancellor Will grants declaratory relief to the buyer of a food company concerning a dispute over an accountant's review of a post-closing tax dispute because the sale contract stipulates that the accountant's review should resolve only the seller's initial protest notice, not notice of subsequent protest.
Court: Delaware Chancery Court, Judge: Mitchell, Filed On: December 11, 2023, Case #: 2023-0614-LWW, Categories: Civil Procedure, Tax, Contract
J. Mitchell finds the trial court properly ruled that a man should not receive additional profits after being sued to give back the land he bought from a tax sale to the original owners, as he already received compensation and could not show evidence that he was entitled to "mesne profits." Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: December 8, 2023, Case #: SC-2023-0495, Categories: Property, Tax, Contract
J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: Bail