53 results for 'judge:"Garcia"'.
J. Garcia finds that the lower court properly rendered judgment on a jury verdict in this personal injury lawsuit stemming from a motor vehicle accident. There was no abuse of discretion as to the admission of the defense expert. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 12, 2023, Case #: 05-22-00719-CV, Categories: Tort, Experts
J. Garcia finds that the lower court improperly denied the special appearance filed by one of the appellants in this lawsuit alleging violations of the Texas Uniform Trade Secrets Act because "there is no specific personal jurisdiction over this Oregon company." The denials were appropriate as to the other appellants, however, as they "purposefully availed themselves of the privilege of conducting business in Texas." Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 4, 2023, Case #: 05-23-00008-CV, Categories: Trade Secrets, Jurisdiction
J. Garcia grants the birth control device manufacturer's motion to dismiss, ruling the patient's state law failure to warn and negligence claims impose requirements different to those established by the FDA and, therefore, are preempted by federal law.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 2:21cv664, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Preemption, Product Liability
J. Garcia denies, in part, the lender's motion to dismiss, ruling its failure to respond to communications from the borrower about additional forbearance under the Coronavirus Aid, Relief, and Economic Security Act and placing her loan in default after it admitted a mistake is sufficient to support a negligent misrepresentation claim.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 1:22cv180, NOS: Other Contract - Contract, Categories: Banking / Lending, Covid-19
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J. Garcia finds that the lower court properly entered an order outlining certain requirements for the parents relating to child possession and specifically enjoining the father "from going to or within 100 yards of Mother's home or work." The father, appearing pro se, fails to properly brief his issues on appeal, meaning there is nothing to review. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: September 20, 2023, Case #: 05-23-00022-CV, Categories: Civil Procedure, Family Law
J. Garcia grants, in part, the employees' motion to compel discovery, ruling that although workers' compensation claims were not the basis for their terminations, their complete workers' compensation records are inextricably linked to the investigations at issue. Therefore, the employer must provide any missing documents within 14 days of this opinion.
Court: USDC Connecticut, Judge: Garcia, Filed On: September 15, 2023, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Workers' Compensation
J. Garcia grants the government's motion to dismiss, ruling the estate's failure to include the decedent's minor children and loss of consortium claims in its administrative notice form deprives this court of jurisdiction over those claims. Meanwhile, the government is entitled to summary judgment on the Federal Tort Claims Act negligence claim because the estate failed to effect service by the required deadline, which deprived the government of notice regarding the first complaint.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 11, 2023, Case #: 1:21cv211, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Government, Wrongful Death
J. Garcia finds that the lower court properly divided the property in this divorce proceeding. The wife contends that the lower court "lacked sufficient information to make a just and right division of the community property," because there was no evidence as to the value of a certain asset, specifically a stone supply business. However, she failed to present "any probative evidence" of its value herself. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: August 15, 2023, Case #: 05-22-00577-CV, Categories: Family Law, Property
J. Garcia grants a motion to dismiss brought by several parties in a wrongful death suit stemming from a car accident after an insurer sued seeking injunctive relief declaring a cap to potential damages. As a state court is already in the process of addressing these questions of liability and damages, the federal court has "no sound legal or factual basis to exercise jurisdiction" over this issue.
Court: USDC New Mexico, Judge: Garcia, Filed On: July 21, 2023, Case #: 2:22cv737, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Wrongful Death
J. Garcia finds that the lower court improperly dismissed the appellants' claims against the individual security guard in this wrongful death action involving a shopper who had a firearm and allegedly shot three people. There is a fact issue as to whether the security guard, who was an off-duty police officer, was acting "within the scope of government employment as to some of his conduct." The judgment is affirmed, however, to the extent that it is based on the guard's attempt to confirm whether the suspect had any outstanding warrants. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: July 18, 2023, Case #: 05-21-00911-CV, Categories: Civil Procedure, Negligence
J. Garcia grants a motion to dismiss by the New Mexico superintendent of insurance after it was sued by a “healthcare sharing ministry” following an enforcement action by the office of the superintendent, which had found the ministry was effectively operating as a health insurer without meeting necessary requirements. The ministry failed to show animus on the part of the superintendent, and it would be improper to keep this case in the federal court system as it “implicates important state interests.”
Court: USDC New Mexico, Judge: Garcia, Filed On: July 14, 2023, Case #: 1:23cv276, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Health Care, Equal Protection
J. Garcia finds that the lower court properly terminated the parent-child relationship between a mother and her son. Contrary to the mother's argument on appeal, the evidence sufficiently supports a finding that the child was removed "for abuse or neglect." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 28, 2023, Case #: 05-23-00090-CV, Categories: Evidence, Family Law
J. Garcia finds that the lower court properly granted summary judgment for the appellee entities, in this premises liability lawsuit brought by a bicycle rider who was allegedly injured in a crash due to a premises defect. The rider contends that the crash was caused by "a thick growth of algae" along the path, but she failed to provide evidence that the appellees knew about the alleged defect. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 23, 2023, Case #: 05-22-00590-CV, Categories: Evidence, Tort
J. Garcia finds the lower court improperly applied equitable estoppel to bar the enforcement of a zoning ordinance in connection with the height requirement for a structure that was being constructed. The general rule precludes estoppel against a municipality. Reversed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 16, 2023, Case #: 05-22-00730-CV, Categories: Municipal Law, Zoning
J. Garcia finds that the appellate division properly held that compliance with the no-action clause in a securitization agreement for residential mortgage-backed securities was unnecessary. Commercial banks, as investors, could not be expected to ask trustees, as overseers, to bring suit under the clause when their actions had been targeted for causing the losses. However, tort claims based on fiduciary breaches should be dismissed as duplicative of breach of contract claims. Affirmed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 15, 2023, Case #: 51, Categories: Securities, Fiduciary Duty, Contract
[Consolidated.] J. Garcia finds that the appellate division improperly held that a music producer known as "Dr. Luke" is not a public figure in defamation claims brought against singer-songwriter client Kesha, who sought to void their contract based on allegations that he raped her early in their business dealings. Due to Dr. Luke's "purposefully" promoting himself and his label to the media, he is a limited public figure who must demonstrate actual malice on Kesha's part to prove defamation. Furthermore, five of the allegedly 25 defamatory statements cited in his action were privileged; the other 20 must go to a jury to decide whether they had been brought for the sole purpose of pressuring Dr. Luke to release Kesha from her contract. Reversed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 13, 2023, Case #: 33, Categories: Defamation, Privilege
J. Garcia dismisses for failure to state a claim a lawsuit brought by a woman against her former employer over a data breach. While the company did indeed suffer a data breach, and the woman alleges the breach will pose an “omnipresent threat” to affected employees “for the rest of their lives,\” she has failed to show that she suffered an actual injury that is “traceable” to the company.
Court: USDC New Mexico, Judge: Garcia, Filed On: June 9, 2023, Case #: 1:22cv662, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Technology