106 results for 'judge:"Parker"'.
J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: Evidence, Family Law
J. Parker finds that the lower court improperly awarded title and possession of certain real property to the appellees. The evidence does not support the appellees' trespass to try title claim or their claim of "an oral gift of real estate." Accordingly, the matter is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-23-00284-CV, Categories: Evidence, Real Estate
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Parker denies the appellants' motions for rehearing and en banc reconsideration, withdraws the court's prior opinion, and substitutes the current memorandum opinion, holding that the lower court properly denied their dismissal motion pursuant the Texas Citizens Participation Act. The court concludes that the claims at issue in this case, involving allegations of fraudulent transfer, are not based on the exercise of the right to petition. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 23, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
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J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: Tort, Immunity, Jurisdiction
J. Parker denies Blue Cross Blue Shield dismissal on certain claims in which Ford contends that, as part of a larger conspiracy, Blue Cross divided territory and fixed prices while reducing competition and increasing costs of health services. Ford adequately alleged an antitrust injury on grounds that Ford paid higher premiums for traditional insurance product resulting from a “horizontal agreement” between Blue Cross and its members.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 30, 2024, Case #: 2:23cv11286, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: Civil Procedure, Immunity, Civil Rights
J. Parker finds that the district court improperly dismissed antitrust and tortious interference claims by one drugmaker against another in a dispute over delivery of a prescription medication to treat an eye condition that can cause blindness. The product market to be considered should have been limited to the one-step prefilled syringe injection method, which plaintiff drugmaker claimed defendant drugmaker, working with a third-party "filler" they both used, attempted to dominate through anticompetitive, secret agreements. Furthermore, plaintiff drugmaker adequately alleges that it was kept from learning about defendant drugmaker's contractual interference until the statute of limitations expired. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: March 18, 2024, Case #: 22-0427-cv, Categories: Antitrust, Interference With Contract
J. Parker grants a company's motion to compel discovery after creating a logistics plan for another organization, which, in turn, used the confidential plan without hiring the company or obtaining permission, because certain contract language had been used interchangeably.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 5, 2024, Case #: 2:20cv11872, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Parker finds in this interlocutory appeal that the lower court properly denied the appellants' dismissal motion pursuant to the Texas Citizens Participation Act. The appellants failed to show that the Act applies to the claims under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 27, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
J. Parker finds that the lower court properly denied the appellants' motion to dismiss this health care liability action stemming from the death of a nursing home resident. The resident allegedly died from hypothermia after a window was left open at the assisted living facility where she lived. The nurse and the director challenge the proffered experts' qualifications "to opine on the applicable health care standards." However, the experts included two licensed nursing home administrators and a forensic pathologist. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 23, 2024, Case #: 07-23-00392-CV, Categories: Health Care, Experts, Medical Malpractice
J. Parker grants an auto part manufacturer a preliminary injunction after a member of the supply chain failed to deliver materials due to financial difficulties. The parties' contract required the supplier to deliver parts for the life of the contract, and being unable to meet customer obligations would cause the manufacturer irreparable harm.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: February 15, 2024, Case #: 2:24cv10144, NOS: Other Contract - Contract, Categories: Contract
J. Parker grants, in part, the city's motion for summary judgment, ruling the lessees of the basement condo units became aware of flood damage caused by the remodeling of an adjacent parking lot in July 2020 at the latest and that their takings claims did not require structural damage to the building to accrue. Therefore, their takings claims are barred by the two-year statute of limitations. Although flooding has continued on an intermittent basis since the remodeling, the continuing violation doctrine is inapplicable because all of the flooding was caused by a single, discrete event - the construction work at the parking lot - and so the statute of limitations clock was not tolled at any point.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: February 15, 2024, Case #: 1:22cv1007, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Government, Property
J. Parker affirms the circuit court's dismissal of indemnification claims filed by a fired CEO of a coal mining company who argued that the basis for federal bribery charges that he was convicted on, being payments to avoid responsibility for cleanup costs of a polluted area, had received prior approval from the company's public-relations firm's ethics lawyers. The former CEO did not sufficiently plead claims for either common-law or contractual indemnification. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: February 9, 2024, Case #: SC-2022-0863, Categories: Corporations, Damages, Contract
J. Parker finds that the lower court properly terminated the father's parental rights to the child, though it modifies the judgment as to subsection (D). The evidence does not support termination under that particular subsection, regarding "the suitability of the child's living conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: January 31, 2024, Case #: 07-23-00320-CV, Categories: Evidence, Family Law