39 results for 'judge:"Hicks"'.
J. Hicks affirms a summary judgment in favor of an insured company against its insurer, who didn’t cover water damage from an overflow of water from a shower drain, which it claimed was a condition falling under an exclusion from coverage. However, the exclusion was worded ambiguously and didn’t include the word “shower,” so it was unclear that the exclusion applied to the insured’s situation.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: July 20, 2023, Case #: 2021-0376, Categories: Insurance, Water, Damages
J. Hicks denies a request by the corporate owner of three Louisiana television stations to dismiss it from a contracts suit on the jurisdictional argument its corporate “home” is in the capitol city Baton Rouge, and therefore cannot be considered “at home” in the Western District of Louisiana. Because the test for jurisdiction is a statewide analysis, the TV station owner is subject to Western District of Louisiana jurisdiction based on statements in its own brief that it is considered “at home” in Louisiana, the forum state.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 12, 2023, Case #: 5:21cv4212, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Hicks affirms a bankruptcy court ruling against a Kansas contractor, holding that non-debtor litigants in Kansas City did not violate the lower court’s order by filing suit in a Kansas state court to determine certain interests and rights in land ownership. Because the non-debtors did not violate the bankruptcy court’s stay order, there is no legal basis to find the Kansas litigation is legally void. Affirmed.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 11, 2023, Case #: 5:22cv5769, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Property
J. Hicks grants the gold mining company’s motion to dismiss the counterclaim arising from its claim for contractual royalties owed by the counterclaimant company for its alleged use of licensed patents. The counterclaim for patent misuse fails as it was not brought in a patent infringement action. The gold mining company does not assert a patent infringement claim, but for breach of contract. The counterclaimant can also not unilaterally terminate the license agreement for non-use, being that the assignment includes additional intellectual property for which royalties would still be owed.
Court: USDC Nevada, Judge: Hicks, Filed On: July 7, 2023, Case #: 3:22cv415, NOS: Other Contract - Contract, Categories: Patent, Business Expectancy, Contract
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J. Hicks finds the lower court properly issued civil stalking protective order against the defendant, after he publicly posted animations he created depicting individuals who looked like the plaintiff, including some he identified with the plaintiff's name, being the victim of violence or depicted naked. He also made sexual and threatening comments towards plaintiff, including that he was sexually aroused by her and desiring that she be "gang-banged, raped or shot." The right to free speech is not intended to allow citizens to make threats, including threats where the person uttering the threat doesn't actually intend to carry it out. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: June 29, 2023, Case #: 2022-0114, Categories: Evidence, Restraining Order, First Amendment
J. Hicks denies summary judgment to a subcontractor, refusing to dismiss a contractor’s damages claims, arising from the subcontractor’s filing of a $388,587 property lien against the project owner regarding a dispute over the removal of asbestos from the demolition of a battery manufacturing plant. The ruling seeks additional argument regarding the causes of the subcontractor’s claims relating to the lien and whether the dispute could be resolved separately from any trial, possibly in an evidentiary hearing or after a trial record is made.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: June 29, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: Construction, Evidence, Contract
J. Hicks finds that the lower court properly denied the sex offender's motion for earned time credits. The programs he completed were not designed to offer a reduced sentence based purely on inmates' behavior in prison and ignore their underlying offenses, so the court did not err by considering his crimes in making their decision not to reduce his minimum sentence. The statute regarding the implementation of the programs includes specific language about the sentencing court's right to use discretion that negates the defendant's claim that the statute mandates all prisoners who complete the programs and receive a commissioner's recommendation be awarded earned time credits. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: June 29, 2023, Case #: 2021-0605, Categories: Constitution, Sentencing, Sex Offender
J. Hicks denies Union Pacific’s motion for judgment as a matter of law, or for a new trial in this dispute regarding damages caused by storms and flooding, exacerbated by the ranch’s trespass. There were questions of fact needing decision by jury, and the jury needed to make the determinations of credibility relating to the witnesses. Other arguments do not have merit. All expert testimony was properly admitted. Evidence regarding a dam was properly excluded. There was no error in the court’s refusing to give a missing witness and documents instruction. No arguments raised to avoid waiver demonstrate any alleged error that would warrant a new trial.
Court: USDC Nevada, Judge: Hicks, Filed On: June 16, 2023, Case #: 3:17cv477, NOS: Torts to Land - Real Property, Categories: Property, Tort, Due Process