103 results for 'judge:"Parker"'.
J. Parker affirms the circuit court's dismissal of indemnification claims filed by a fired CEO of a coal mining company who argued that the basis for federal bribery charges that he was convicted on, being payments to avoid responsibility for cleanup costs of a polluted area, had received prior approval from the company's public-relations firm's ethics lawyers. The former CEO did not sufficiently plead claims for either common-law or contractual indemnification. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: February 9, 2024, Case #: SC-2022-0863, Categories: Corporations, Damages, Contract
J. Parker finds that the lower court properly terminated the father's parental rights to the child, though it modifies the judgment as to subsection (D). The evidence does not support termination under that particular subsection, regarding "the suitability of the child's living conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: January 31, 2024, Case #: 07-23-00320-CV, Categories: Evidence, Family Law
J. Parker denies an insured's motion to amend her answer to a counterclaim and to compel deposition following non-payment of life insurance benefits. The insured stated she had not been convicted of OWI on policy reinstatement forms when in fact she had been twice convicted, and she would have been denied reinstatement had she answered accurately.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: January 31, 2024, Case #: 2:22cv12772, NOS: Insurance - Contract, Categories: Insurance
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J. Parker grants the restaurant's motion to compel arbitration in a wage and hour class action. The employees assert that they were not paid for hours worked over 40 per week, and were not permitted to keep gratuities. However, the employment contract clearly advises employees that by signing they will waive their rights to bring a class action lawsuit, and contains an acknowledgment form advising employees that it is their responsibility to be familiar with the arbitration agreement.
Court: USDC Southern District of New York, Judge: Parker, Filed On: December 27, 2023, Case #: 1:22cv1880, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Contract
J. Parker finds the circuit court properly ruled that they could reasonably infer that defendant illegally possessed a handgun even though it was not directly found on him, but instead in a laundry basket, with a matching ammunition magazine in his pant pockets. There was sufficient evidence to support the conviction. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: December 8, 2023, Case #: SC-2023-0020, Categories: Evidence, Firearms
J. Parker finds that the district court improperly dismissed claims contending a town manipulated building permit and zoning procedures to thwart plans by a group interested in building a school to educate Orthodox Jewish girls. Federal religious discrimination and civil right claims were ripe for consideration since the zoning board refused to review the group's application, and state interference with contract claims concerned town defendants' actions upending a land sale and impacting a bank loan. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: December 8, 2023, Case #: 22-1741, Categories: Civil Rights, Zoning, Interference With Contract
J. Parker finds that the lower court improperly affirmed an administrative order revoking the appellant's driver's license. The appellant was allegedly involved in a motor vehicle accident, but the evidence is insufficient to support the revocation of his license. The police report indicated that he was "having a mental health episode," but there is no evidence that the the officer "was qualified to make a mental health determination." Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 30, 2023, Case #: 07-23-00236-CV, Categories: Administrative Law, Vehicle
J. Pearson finds that the lower court properly ruled against the appellant in this civil commitment case and did not err in refusing his requested jury instruction. The jury charge "adequately presented the issue of the burden of proof to the jury." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 28, 2023, Case #: 07-23-00208-CV, Categories: Jury, Commitment
J. Parker grants partial judgment in favor of the city after allegations of violations of due process, tortious interference of business relationships, antitrust and retaliation brought by a municipal service company. The court will dismiss the due process, antitrust and retaliation claims. Leaving all claims against a city employee are unaffected by this order; he and other employees failed to inform potential customers that there is a full registered contractors list available, only recommending one company for construction within the area.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: October 20, 2023, Case #: 1:22cv2037, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process