46 results for 'judge:"Barrett "'.
J. Barrett finds that the county court properly terminated the divorced parent's parental rights to their children. The father is currently serving prison time. The mother reported that her new husband was touching one of the children inappropriately, was drugging her, and that he had been violent with her and the children. The children were removed and have remained in custody, and the father's relatives have not been able to commit to custody. It was found that there was little likelihood that services would result in successful reunification and neither parent appealed this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: September 27, 2023, Case #: CV-23-96, Categories: Family Law
J. Barrett denies, in part, the county's motion to dismiss, ruling the statute of limitations on the wrongfully convicted individual's malicious prosecution claim did not begin to run until his conviction was overturned in 2020 and, therefore, that claim is not time-barred. Meanwhile, the wrongfully convicted individual's claim that autopsy and crime scene photographs proved he was not the driver of vehicle on the night of the fatal crash is sufficient to support his claim of a Brady violation.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 27, 2023, Case #: 1:22cv315, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Barrett grants the class of logistics account executives' motion for summary judgment, ruling the evidence shows they were not exempt from the Fair Labor Standards Act and the employer was required to pay overtime because their primary job was not management of the company's business operations. Although brokering loads is essentially the core business of the employer, the account executives effectively worked as sales employees and do not fall within the administrative exception of the Act; therefore, the employer must pay liquidated damages to compensate the employees for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 26, 2023, Case #: 1:10cv649, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Class Action, Labor
J. Barrett finds the Arkansas Workers��� Compensation Commission properly denied the caregiver���s claim for additional medical treatment, temporary partial-disability, wage-loss benefits, and attorney fees for her workplace injury caused by a collision with a wheelchair. The caregiver has a history of motor vehicle accidents involving injuries to her neck, back, and hip prior to her compensable injury. On surgical follow up, a doctor noted that the caregiver's nerve pain was gone, and she admitted that her right hip pain had been resolved. An expert's undisputed medical opinion states that another doctor's treatment is not related to compensable injuries. The caregiver is not entitled to lost wages or attorney fees. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 20, 2023, Case #: CV-22-570, Categories: Workers' Compensation
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J. Barrett denies the funding group's motion to dismiss, ruling the lender's allegations the group knew several health care companies were precluded from assigning receivables to another company are sufficient to plead a conversion claim under Ohio law. Meanwhile, allegations the funding group concealed its transfers with the health care companies meet heightened pleading requirements for the fraudulent transfer claim and allow that claim to proceed.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 14, 2023, Case #: 1:21cv691, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Conversion, Banking / Lending
J. Barrett finds the trial court properly convicted defendant for rape, sexual assault and sexual indecency with his girlfriend's minor daughters, sentencing him to a total of 76 years in prison. The assaults in question were videotaped and corroborated by victim testimony. Testimony that defendant made no effort to cover his genitals at a certain point allowed the jury to deduce that he purposely did so for sexual gratification. Witness credibility is an issue for the jury. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 13, 2023, Case #: CR-23-28, Categories: Sex Offender, Witnesses, Child Victims
J. Barrett finds the Board of Review properly backdated the business owner's claim for unemployment benefits which were originally denied until, after having received pandemic unemployment assistance, it was found that she qualified for regular unemployment assistance. There is substantial evidence to support the Board���s decision to allow backdating of the claims. The Board found that business owner relied on erroneous agency advice and thereby showed good cause for her delay in filing for her total unemployment benefits. The case is remanded to consider the further waiver of backdating beyond fourteen days. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 6, 2023, Case #: E-22-305, Categories: Employment, Agency, Covid-19
J. Barrett finds the circuit court improperly revoked defendant���s suspended imposition of sentence on his guilty plea conviction for possession of less than two grams of meth. The revocation was based on alleged violations of possession with intent to deliver that occurred prior to the sentencing order���s entry. Although defendant���s suspended sentence commenced upon pronouncement in the courtroom, it may not be revoked unless the sentencing order is entered in the record. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: August 30, 2023, Case #: CR-23-69, Categories: Drug Offender, Probation, Due Process
J. Barrett denies, in part, the HVAC company's motion for a preliminary injunction in trade secrets case, ruling the lack of evidence the former employee took any confidential information or materials that could be considered a trade secret is fatal to that portion of the company's suit. However, admissions by the employee that he solicited a former coworker within the noncompete period, regardless of the fact the coworker is a family friend, is sufficient to show a likelihood of success on that contract claim; therefore, an injunction will be issued to prevent any further communications between the employee and his former coworkers.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: June 27, 2023, Case #: 1:22cv298, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Barrett finds that circuit improperly overturned defendant's conviction for fraudulently luring noncitizens to the U.S. through an "adult adoption" scheme because the clause prohibiting purposeful solicitation and facilitation of specific acts known to violate federal law is not overbroad. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 23, 2023, Case #: 22-179, Categories: Fraud, Immigration
J. Barrett finds that the district court improperly held that congress lacked authority to enact the Indian Child Welfare Act of 1978, which requires that Native American children removed from their homes be placed with other Native American families, because congress has been granted broad power to enact laws related to Native Americans. Reversed in part.
Court: US Supreme Court, Judge: Barrett, Filed On: June 15, 2023, Case #: 21-376, Categories: Constitution, Family Law, Native Americans
J. Barrett finds that a local union damaged a concrete company���s property in the course of a labor strike. Concrete trucks loaded with wet mix concrete and out delivering to customers were ordered to cease work and return to the employer���s location. While the company took action to minimize damage to the trucks, they lost all of the concrete, as it had a limited time before it hardened and was no longer usable. The company argues the union knew the perishable nature of its product and that the company would suffer loss as a result of the work stoppage. The union argues, and the lower court agreed, that the losses were protected under the National Labor Relations Act, as the loss occurred in the course of a labor strike. But the instant court finds they were not protected, because the Union did not take reasonable precautions to protect against the losses it knew the company would incur and knowingly put the company���s product and equipment at risk. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 1, 2023, Case #: 21-1449, Categories: Tort, Damages, Labor / Unions
J. Barrett finds the trial court properly convicted defendant for false imprisonment, battery and assault. Defendant hit the victim with the butt of his unloaded rifle when he didn���t comply with orders to ���get on the ground��� after he was discovered having stolen defendant���s truck. Defendant claims that the evidence supports only third-degree battery and says that his felony battery conviction is inconsistent with one for misdemeanor assault. Defendant did not move for a directed verdict or dismissal at the conclusion of the evidence and has not preserved this sufficiency-of-evidence challenge. His argument that it was undisputed that he believed he was acting justifiably was never made in a motion to dismiss, so is not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 31, 2023, Case #: CR-22-734, Categories: Evidence, Assault, Battery
J. Barrett finds that the circuit improperly ruled for an inmate in claims contending he had been attacked on orders from a correctional officer because the circuit misapplied the legal standard and operated under the wrongful belief that decisions denying summary judgment were not reviewable. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: May 25, 2023, Case #: 22-210, Categories: Civil Procedure, Negligence
J. Barrett finds the trial court improperly dismissed the wife���s divorce, paternity and child custody complaint for lack of subject matter jurisdiction. The parents are legal, seasonal migrant workers and Mexican citizens. The circuit court had entered an order for emergency custody on allegations that the husband had left the children alone in a hot car while he worked, intending to abscond with them. Arkansas is not the family���s legal home, though it is uncontroverted that the children have not lived in Mexico for six consecutive months for the past two years and were not living in Mexico when this case was initiated. The circuit court failed to determine if Mexico or any other state was a home state for the children. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 24, 2023, Case #: CV-22-641, Categories: Family Law, Immigration, International Law