188 results for 'judge:"Johnson"'.
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Johnson finds the trial court properly convicted defendant for murder. Multiple witnesses testify to multiple events, including having been robbed by a man in a gorilla mask associated with defendant, having heard defendant's voice screaming in a conflict with another, followed by gunshots, and having had a gun stolen by defendant's accomplice. Though an accomplice was involved, sufficient evidence supports the conviction. Defendant aided the accomplice in an aggravated robbery and is criminally responsible as a party to murder, as the accomplice intentionally caused the victim's death. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 20, 2024, Case #: 09-23-00234-CR, Categories: Evidence, Murder, Accomplice Liability
J. Johnson partially reverses the district court's grant of summary judgment to the transgender weightlifter on her discrimination claims against the powerlifting competition sponsor, affirms its grant of summary judgment to the competition sponsor's purported Minnesota branch and reverses its orders for injunctive relief. Issues of material fact remain as to whether the competition sponsor excluded the weightlifter from its competitions because she was transgender, as well as whether it excluded her for a legitimate business purpose, namely its argument that having gone through male puberty, she would have an unfair competitive advantage due to increased bone density and muscle mass. No questions of material fact remain, however, as to the non-existence of the purported Minnesota branch of the sponsor. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: March 18, 2024, Case #: A23-0373, Categories: Civil Rights, Equal Protection
J. Johnson finds that the district court properly sentenced defendant on his guilty pleas to armed robbery with a firearm, access device fraud, aggravated assault with a firearm, illegal discharge of a firearm during a crime of violence and attempted second degree murder. In this case, there is no evidence that the pleas were improperly entered. Further, defendant was represented by counsel when he pled guilty and, under his plea agreement, he waived his right to appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 15, 2024, Case #: 2023-KA-0632, Categories: Sentencing, Plea
J. Johnson, in this interlocutory appeal, finds the trial court improperly denied the New York law firm's motion for special appearance. The father filed his legal malpractice suit against the firm for its representation in a suit regarding the wrongful death of his son from consuming a particular herbal extract, a circumstance for which the firm professed expertise. The father failed to negate the firm’s challenge to his jurisdictional allegations. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 14, 2024, Case #: 09-23-00201-CV, Categories: Jurisdiction, Wrongful Death, Legal Malpractice
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J. Johnson finds that the lower court properly found that an insurance company had a duty to provide coverage in an underlying construct defects dispute. While it is true that under the language of the policy there is a "faulty workmanship exclusion" clause that would deny coverage, there is a loss exception portion of the policy that revives coverage in this case. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: March 14, 2024, Case #: 101892-4, Categories: Insurance
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: Construction, Property, Contract
J. Johnson denies, in part, the employer's motion for summary judgment, ruling the employee's Americans with Disabilities Act claim will proceed because a reasonable jury could find his knee injury, which forced him to wear a brace, caused him to limp, and was exacerbated by sitting or standing, substantially limited a portion of his major life activities and rendered him disabled. However, because a mandatory overtime shift that led to the employee's termination was not covered by Family and Medical Leave Act or any other type of leave, the retaliation claim must be dismissed.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, Resisting Arrest, Vehicle
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: Civil Rights, Family Law, Immunity
J. Johnson finds that the jury properly determined that a driver did not sustain injuries in a car collision. The driver presented conflicting testimony about her injuries, gave inaccurate statements to her doctor, and did not disclose a myriad of pre-existing health issues. Further, evidence of the driver's recreational drug use was properly admitted to show that the cause of her high blood pressure was because she ingested an ecstasy pill and was not from injuries sustained in the car collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 29, 2024, Case #: 2023-CA-0479, Categories: Evidence, Tort
J. Johnson grants the Department of Energy's motion for summary judgment, ruling testimony from its employees regarding search efforts based on the nonprofit's Freedom of Information Act request, including the search terms used and the documents eventually produced by the search, is sufficient to satisfy the standards required for a document search under the Act.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:23cv343, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Johnson finds that defendant's motion to suppress statements related to sexual battery charges made against him was properly denied. The interview video shows the interrogating officer advise defendant that he was under investigation for a sexual battery charge and that defendant nodded and answered "yes" to understanding the Miranda rights read to him. After defendant signed the waiver of rights form, the officer began to question defendant. Although the questions were repetitive and probing, the officer was not “intimidating or menacing." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 28, 2024, Case #: 23-KA-322, Categories: Evidence, Sex Offender
J. Johnson affirms the district court's finding that the five-year-old is in need of protection or services because of his parents' refusal to continue his chemotherapy treatment, along with the court's orders requiring that treatment and placing the child with his grandmother. Regardless of whether the child's leukemia was "active" at time of trial, the child had a cancerous condition that required treatment, and the county provided sufficient grounds for its contention that chemotherapy was "necessary" or "required" care. The district court's orders requiring chemotherapy also do not violate the parents' constitutional rights to care, custody and control of the child, since the best interests of the child are served by "a treatment plan that is likely to save his life rather than an unspecified alternative plan that is likely to result in his death." Placing the child with the grandmother, with whom the parents are also allowed to reside, subject to conditions, is also justified by a statute requiring that children in temporary protective custody be placed "in the least restrictive setting," and "in closest proximity to the child's family as possible." Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 26, 2024, Case #: A23-1176, Categories: Civil Rights, Family Law
J. Johnson finds that the lower courts improperly ruled that an insurance company's practice of reducing provider bills to an 80th percentile cap violates the Washington Consumer Protection Act. The insurance company's practices fall under the established standards of how an insurance company can determine the charges for medical procedures. Similar types of "80th percentile practices" by other companies in other jurisdictions have also been upheld by the courts, further supporting findings that it does not run afoul of the Consumer Protection Act. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: February 15, 2024, Case #: 101576-3, Categories: Insurance, Class Action
J. Johnson finds the county court improperly denied a credit union's motion to compel arbitration. The member brought a negligence suit after sustaining injuries when a chair he was sitting in, which was owned by the credit union, collapsed. Members' statements of account all include an arbitration provision providing the account owner an opportunity to opt out without loss of rights or benefits. Mobil met its evidentiary burden to establish the existence of a valid agreement and that the claim falls within its scope. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: February 15, 2024, Case #: 09-22-00393-CV, Categories: Arbitration, Negligence
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Witness testimony shows defendant was engaged in an altercation with another party, and the victim attempted to intercede, following which defendant shot the victim in the arm. Evidence supporting the conviction, including multiple eyewitness testimony, is strong. The jury likely would have convicted defendant regardless of a closing statement made by the prosecutor involving the victim's lack of opportunity to "coordinate a story," which defendant claims was improper burden shifting. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: February 14, 2024, Case #: 09-22-00380-CR, Categories: Evidence, Jury, Assault
J. Oden Johnson finds that the lower court properly vacated a prior judgment in this family estate dispute, finding that the intervenors were necessary parties. The record shows there was no effort to notify the intervenors of the existence of the case prior to October 2021, which was the date judgment was entered for the son. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: February 9, 2024, Case #: 221667, Categories: Wills / Probate
J. Johnson finds that when a trial court fails to issue the empanelment oath to a jury without objection and the jury renders a verdict, the error is not a structural one that requires automatic reversal of a defendant's convictions, but is one that must be reviewed for plain error. The right to a sworn jury is not protected by either the federal or state constitutions, and the Colorado legislature has not put such a right into law. In this specific case, the trial court still provided expansive instructions and guidance to the jury, and so the lack of an oath does not cast serious doubt on the verdict, which will be upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: February 8, 2024, Case #: 2024COA11, Categories: Criminal Procedure, Jury
J. Johnson reverses the district court's grant of declaratory relief moving a road to property owners who favor a proposed purchase and redevelopment of their properties and others in the same subdivision, concurring with the opposing neighbors' argument that a district court cannot relocate easements in ways contrary to the plain language of the instrument which created the easement. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 5, 2024, Case #: A23-0441, Categories: Civil Procedure, Property
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, Attorney Fees
J. Johnson finds that the trial court should not have found for pipeline operators on the property owner's claim that the operators did not properly maintain canals on the property. In this case, there is a genuine issue of material fact as to whether the right of way contracts obligated the operators to pay for all property loss or damage “arising wholly or in part from or in connection with the existence, construction, maintenance, repair, operation, use, removal, alteration, reconstruction or removal of the aforesaid pipeline or canal." Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 31, 2024, Case #: 2023-C-0785, Categories: Evidence, Contract
J. Johnson reverses the defendant's stalking conviction, finding that she did not violate a temporary ex parte harassment restraining order by calling the protected person on her cell phone, since the restraining order had been expired for nine days at the time of the calls and no further harassment restraining orders had since been issued. Without sufficient evidence to prove that the harassment restraining order was violated, there is also not sufficient evidence to prove stalking. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: January 29, 2024, Case #: A22-0079, Categories: Criminal Procedure, Harassment
J. Johnson finds the county court properly terminated the mother's parental rights to her two children. An affidavit filed by the department of protective services says it received a report of neglectful supervision, that the mother and children were homeless, and the mother had abused marijuana, meth and other drugs. The mother's behavior was also described as “erratic, unstable, emotional, tearful, and depressed.” Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 25, 2024, Case #: 09-23-00303-CV, Categories: Evidence, Family Law, Guardianship
J. Johnson grants a school safety company’s motion to remand a contract dispute concerning the existence of a contract and establishing whether the technology company was paid in full. The technology company failed to establish evidence of diversity jurisdiction. Therefore, the school safety company’s motion to dismiss is denied and remanded back to the circuit court of Lauderdale County, Alabama.
Court: USDC Northern District of Alabama , Judge: Johnson, Filed On: January 25, 2024, Case #: 3:23cv1364, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Johnson finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for the manufacture and delivery of PCP. Defendant admitted to the usage of PCP during the term of supervision and also failed to take part in community service or obtain employment. All the violations support the revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00226-CR, Categories: Drug Offender, Probation