20 results for 'judge:"Molloy "'.
J. Rivas Molloy finds the lower court properly denied a doctor���s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient���s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert���s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: Health Care, Negligence, Experts
J. Molloy denies both parties' motions for summary judgment in an insurance dispute. The property owner, which sought insurance coverage on properties damaged in a hurricane, hired its own adjuster after the insurer's adjuster grossly undervalued the damages, inspecting only the main structure on the property. The breach of contract claim is moot, being the insurer has paid the appraisal award. Material facts remain in dispute with respect to the owner's bad faith claim. The trier of fact must determine whether the insurer knowingly and intentionally excluded three cottages in its alleged coverage determination.
Court: USDC Virgin Islands, Judge: Molloy , Filed On: March 27, 2024, Case #: 3:19cv71, NOS: Insurance - Contract, Categories: Insurance, Property
J. Molloy finds in favor of an insurance company in a dispute as to whether the company must pay for damages stemming from the construction of a floor pool on a property that caused soil erosion damage to the nearby area. There are several policy exclusions in the relevant agreement with the insurance company that bar coverage of the damages, and the company is not required to issue any payments under the policy as a result.
Court: USDC Montana, Judge: Molloy, Filed On: March 1, 2024, Case #: 9:22cv193, NOS: Insurance - Contract, Categories: Insurance
J. Molloy denies in part the University of Montana's request to dismiss claims from students who say they were wrongfully classified as non-resident students for the purposes of their tuition and other fees. Claims over the university's policy of classifying them as non-resident students against the board members are tossed due to the board members having legislative immunity. The remaining claims proceed because there have been enough "general factual allegations" that make it plausible the policy violates established tuition law.
Court: USDC Montana, Judge: Molloy, Filed On: February 23, 2024, Case #: 9:23cv79, NOS: Education - Civil Rights, Categories: Education
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J. Rivas-Molloy finds that the lower court properly found in favor of an ex-husband in a defamation case. The jury found that the ex-wife had made 13 defamatory statements alleging the ex-husband is involved in child pornography and is a pedophile. The jury awarded him damages for past and future injury to his reputation and mental anguish. Evidence is sufficient to support the lower court���s findings and award of $2.1 million. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-16-00584-CV, Categories: Evidence, Damages, Defamation
J. Rivas-Molloy finds that the lower court properly granted a county appraisal district���s plea to the jurisdiction in this property tax matter in which a property owner protested the 2019 appraised value of its property, which was denied by the Harris County Appraisal Review Board (HCARB). The property owner seeks to have HCARB reissue orders to essentially extend the deadline for it to protest, which is outside the scope of its authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-21-00306-CV, Categories: Real Estate, Tax, Jurisdiction
J. Molloy grants in part a preliminary injunction against Montana's regulations that allow for wolf trapping and snaring in occupied grizzly habitats. The regulations, which would have allowed for wolf trapping to start as early as the first Monday after Thanksgiving, are likely to cause incidents where protected grizzly bears could be snared by traps intended for wolves. Wolf trapping and snaring is enjoined in several major areas in the state as a result, except for during the winter time periods were it is likely most of the bears will be in their dens.
Court: USDC Montana, Judge: Molloy, Filed On: November 21, 2023, Case #: 9:23cv101, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Molloy grants a group of federal agencies��� motion for summary judgment in this matter concerning wildlife standards. Several environmental groups argue the federal agencies did not properly consider and omitted standards when formulating the 2021 Land Management Plan for the Helena - Lewis and Clark National Forest, and claim the removal of big game standards could adversely affect the endangered grizzly bear. The instant court finds that the federal agencies did consider the standards and incorporated some aspects of them into the new plan, and the agencies did not violate the National Environmental Policy Act or the Endangered Species Act.
Court: USDC Montana, Judge: Molloy, Filed On: October 11, 2023, Case #: 9:22cv126, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: Evidence, Damages, Negligence
J. Molloy finds that a property owner defaulted on his mortgage by failing to pay principal and interest when it was due. The lien holder elected to seek the entire principal sum, accrued interest and late fees totaling $712,342. The instant court finds in favor of the lien holder and orders the real estate to be sold, with proceeds going toward satisfaction of the lien.
Court: USDC Virgin Islands, Judge: Molloy, Filed On: August 29, 2023, Case #: 3:21cv2, NOS: Foreclosure - Real Property, Categories: Real Estate, Foreclosure
J. Rivas-Molloy finds the lower court properly determined that when a commercial truck driver fell from an elevated railroad track into oncoming traffic on the highway beneath, sustaining injury, he was acting within the course and scope of his employment. The truck driver was making his first delivery, and left his truck while waiting for it to be unloaded to get cash and buy breakfast. En route to the bank and convenience store, he chose to walk across a railroad bridge not constructed for pedestrian traffic, when a train appeared, and blew the truck driver off of the bridge and onto the highway. He seeks workers compensation benefits claiming the fall occurred in the course and scope of his employment, and while the employer���s insurance company argues he deviated from the scope of his employment when he chose to travel on foot via a hazardous route, the instant court finds the employer expects truck drivers to leave their vehicle for food and drink, therefore he was acting within the scope of his employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: August 29, 2023, Case #: 01-22-00666-CV, Categories: Insurance, Workers' Compensation
J. Molloy grants in large part summary judgment in favor of environmentalists challenging the approval of the Black Ram Project in the Kootenai National Forest, a logging project that was pushed as an effort to improve winter range conditions and promote resilient vegetation. In approving the project, the feds did not properly rely on all the best available science or consider the project's carbon impacts. The matter is remanded to conduct further examination into the project, and the project is not allowed to move forward until all of the issues have been addressed.
Court: USDC Montana, Judge: Molloy, Filed On: August 18, 2023, Case #: 9:23cv3, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Rivas-Molloy finds the lower court properly granted summary judgment to a convenience store and a maintenance company in this matter concerning a slip and fall on store premises. A customer slipped and fell on an ADA ramp while leaving the store, and claims the stain used on the ramp became slippery when wet, posing a danger to her and other customers. The customer failed to present sufficient evidence to support her claim that the stain was the cause of her slip and fall, and failed to show the convenience store and/or the maintenance company knew or should have known of such a hazard and failed to correct or warn customers. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: July 13, 2023, Case #: 01-21-00512-CV, Categories: Tort, Negligence