58 results for 'judge:"Davis"'.
J. Davis finds the lower court properly entered a default judgment against the owner of a car involved in a hit and run. The car owner did not appear before the general sessions court resulting in a default judgment against her in the amount of $10,000. She appealed, and the matter went before the circuit court, where she failed to appear, and the lower court entered a default judgment against her. The instant court finds the car owner failed to file a complaint appellate brief, and by doing so, she waives any issues she attempted to raise. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: December 15, 2023, Case #: E2023-00208-COA-R3-CV, Categories: Damages, Enforcement Of Judgments
J. Davis finds the lower court properly terminated the parental rights of a mother to her minor children on grounds of persistent conditions and failure to manifest an ability and willingness to assume legal and physical custody, but improperly terminated her rights on grounds of abandonment. The mother turned the children over to the father after she could not provide for some of their basic needs. Approximately three years later, still having custody of the children, the father and his wife filed a petition to terminate the mother’s parental rights. The mother failed to respond to discovery requests and a default judgment was entered against her. Grounds of abandonment were not sufficiently proved, but all other grounds were satisfied. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: November 22, 2023, Case #: M2021-01274-COA-R3-PT, Categories: Family Law
J. David finds a lower court properly dismissed a Vietnamese national's motion for asylum. The Vietnamese national, who claimed to be trafficked, argued that she is entitled to relief based on her allegations that she would face torture upon return to her native land. However, she is not entitled to asylum for offenses of kidnapping and other "evil" and "wicked" crimes, which landed her in six months in prison. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davis, Filed On: October 20, 2023, Case #: CA-2022-214, Categories: Immigration, Kidnapping, Human Trafficking
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J. Davis finds for plaintiff in this post-award bid protest concerning a contract for the design of unmanned aircraft systems because the evaluation was not in accordance with the procurement process.
Court: Court of Federal Claims, Judge: Davis, Filed On: October 6, 2023, Case #: 23-431, Categories: Contract
J. Davis denies the rail transportation company's motion for partial summary judgment. The rail transportation company and the track maintenance company agreed on a welding contract where the maintenance company would complete thermite welding on the transportation company's tracks. A train derailed, leaking hazardous materials after a rail fractured. The transportation company inspected the rail twice before the derailment and noticed no defects.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: September 14, 2023, Case #: 2:22cv3, NOS: Other Contract - Contract, Categories: Transportation, Damages, Contract
J. Davis grants the Chinese immigrant's petition for review of the Board of Immigration's decision to deny his request for asylum, ruling that although he lived for 10 years in China without persecution after being captured, beaten and interrogated for practicing his Christian faith and having a child out of wedlock, he has established a likelihood of future persecution through testimony that his family have continually warned him not to return because police are still curious about his whereabouts and activities.
Court: 6th Circuit, Judge: Davis, Filed On: September 1, 2023, Case #: 22-3807, Categories: Evidence, Immigration
J. Davis finds that the U.S. should be granted dismissal of a post-award bid protest related to census application services because plaintiff failed to demonstrate the evaluation had been marred by a conflict of interest.
Court: Court of Federal Claims, Judge: Davis, Filed On: August 31, 2023, Case #: 23-936, Categories: Contract
J. Davis grants the state's motion for a preliminary injunction, ruling the state is likely to prevail on deceptive trade practices claims against the real estate company. The company's "take or leave it" contracts involving unspecified fees and penalties for breaches, including liens on the titles of homes involved in the agreements, likely violate state law and were part of a predatory scheme.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 30, 2023, Case #: 2023 NCBC 59, Categories: Real Estate, Consumer Law, Injunction
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: Insurance, Business Practices, Contract
J. Davis finds the lower court properly determined that a brother, acting as attorney-in-fact, had the authority to create a second trust, and it properly dismissed claims against another brother as he has no role in the management or administration of the trusts. There is a question as to whether the brother breached his fiduciary duties as attorney-in-fact and trustee by providing his brother with lifetime income associated with the decedents’ rental property business as it was not part of the original or amended trust. Because a question of material fact remains, the instant court vacates the lower court's decision granting summary judgment to the brother for appellant’s claims that he failed to provide accounting, enforcement of the no-contest provision of the trust, and attorney fees, and the matter is remanded to the lower court for further proceedings. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: July 14, 2023, Case #: E2022-01034-COA-R3-CV, Categories: Trusts, Fiduciary Duty, Attorney Fees
J. Menendez partially grants the sheriff's deputy's motion for summary judgment in the father's case against him and his employer stemming from the shooting of his son. The deputy is not entitled to qualified immunity, since his decision to shoot the son was not made objectively reasonable by the son's brief turning of his head such that a gun, pointed at his head, could theoretically have fired a bullet through the head and in the general direction of officers. A failure-to-train claim against the county is dismissed, however, since the father has not provided sufficient evidence for a factual dispute over whether the county received notice of a pattern of unconstitutional acts. The deputy and county's motions to strike a dash-camera footage exhibit is denied, and their motions to exclude two experts' reports and testimony are granted in part.
Court: USDC Minnesota, Judge: Davis, Filed On: July 6, 2023, Case #: 0:20cv2474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Davis finds a lower court properly dismissed an airline group's motion to appeal a ruling in favor of the secretary of State for business and industrial strategy. The airlines argued that the court lacks jurisdiction to force it to establish two work councils. However, the central arbitration committee has jurisdiction over the parties' dispute. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davis, Filed On: June 30, 2023, Case #: CA-2022-2486, Categories: Arbitration, Jurisdiction
J. Davis finds a lower court properly dismissed a former detainee's civil rights claims against the secretary of state for justice. The former detainee, who was imprisoned for robbery, argued that the secretary of state improperly imposed a recall to prison after his license was revoked. However, the former detainee was caught by authorities with a bladed weapon in a public area. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davis, Filed On: June 23, 2023, Case #: CA-2022-753, Categories: Weapons, Civil Rights
J. Davis finds for the bidding company in this pre-award bid protest for a contract for shelf stocking and custodial services at the Dover air force base commissary because the defense commissary agency abused its discretion by removing the bid from consideration without giving the company an opportunity to clarify an error.
Court: Court of Federal Claims, Judge: Davis, Filed On: June 13, 2023, Case #: 23-253, Categories: Contract
J. Davis finds for the U.S. in this post-award bid protest concerning a contract agreement for agile salesforce portal development and support services because the decision awarding the contract was not arbitrary or capricious.
Court: Court of Federal Claims, Judge: Davis, Filed On: June 7, 2023, Case #: 22-1913, Categories: Contract
J. Davis partially grants the insurance agent and his now-dissolved company's motion to dismiss the insurer's suit against them alleging that they failed to repay commissions for rescinded or canceled policies. All but one of the five counts raised are adequately pleaded, and the fifth count, for "additional and unknown claims" is a placeholder by the insurer's own admission, and so is dismissed.
Court: USDC Minnesota, Judge: Davis, Filed On: June 6, 2023, Case #: 0:22cv2718, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Davis finds the district court improperly dismissed an individual's class claims under the Telephone Consumer Protection Act. The single ringless voicemail attributed to the energy provider is sufficient to constitute a concrete harm to confer standing under the Act. The call clearly disrupted the individual's right to seclusion, and, although the interruption may have been brief, the severity of the intrusion does not prevent it from being considered a concrete harm. Reversed.
Court: 6th Circuit, Judge: Davis, Filed On: June 1, 2023, Case #: 22-3394, Categories: Consumer Law, Class Action
J. Davis denies the chicken farm owner's motion for summary judgment on fraud counterclaims filed by the insurers, ruling that although it was open about its intent to upgrade the farm following a fire, this disclosure does not insulate it from allegations it included upgrade costs in its submissions for the insurance claims. Additionally, testimony from farm employees and fire damage evaluators supports the counterclaims, which are not based merely on a difference of opinion regarding the property damage; therefore, they must be submitted to a jury.
Court: North Carolina Business Court, Judge: Davis, Filed On: May 31, 2023, Case #: 2023 NCBC 37, Categories: Evidence, Fraud, Insurance
J. Davis adopts a report and recommendation which recommended default judgment as a sanction against the debt collector for failing to obtain legal counsel to negotiate a settlement, but alters the report's recommended course of action to hold entry of judgment in abeyance until the case has been resolved on its merits. It is too early to determine whether the debt collector which hired the absent debt collector is jointly and severally liable for the actions of the absent party.
Court: USDC Minnesota, Judge: Davis, Filed On: May 23, 2023, Case #: 0:21cv1560, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Debt Collection, Privacy