62 results for 'judge:"Silva"'.
J. Silva finds that the lower court properly denied the corporate appellant's petition seeking a refund for "overpayment of state franchise taxes." There is no error in the finding that the oil and gas company's settlement payment, which was made to BP in connection with the 2010 oil spill, was not deductible, since "it was a payment for tort damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-21-00335-CV, Categories: Energy, Settlements, Tax
J. Silva finds that the lower court improperly denied the appellant funeral home's motion to compel arbitration in this dispute concerning embalmment and visitation services provided under a contract. The appellee, who is the daughter of the decedent, was bound by the arbitration agreement, since she "received a benefit of the contracted service." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-23-00042-CV, Categories: Arbitration, Contract
J. Silva denies the environmental advocacy group’s motion for a preliminary injunction to halt a watershed restoration project, arguing that the environmental assessment violates the Administrative Procedure Act and environmental and land management policies. The Bureau of Land Management has found that delaying the project will allow the establishment of invasive trees to continue, reducing indigenous sagebrush. This will reduce usable habitat for the greater sage-grouse and other species. Interference with the ability of visitors to enjoy the woodlands does not weigh as substantially as other matters.
Court: USDC Nevada, Judge: Silva, Filed On: October 18, 2023, Case #: 2:23cv435, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Evidence, Agency
J. Silva grants the insurance company’s motion for partial summary judgment in this bad faith insurance action arising from home damage caused by a tree felled during a windstorm. After some confusion and disagreement involving an inspector who was not certified in Nevada, the covered parties hired their own contractor to perform repairs, which resulted in water damage by the fault of the contractor. Another claim was filed for this damage and the homeowners say full benefits were not paid. Expert testimony supports the insurer’s actions as not unreasonable and complying with some of the homeowner’s requests. The homeowners have not demonstrated a genuine issue for trial.
Court: USDC Nevada, Judge: Silva, Filed On: October 16, 2023, Case #: 2:21cv652, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Silva denies State Farm’s motion for partial summary judgment in this bad-faith insurance lawsuit arising from its denial of the party’s claim for hearing loss caused by airbag deployment in an auto accident. The injured party has set forth specific facts showing that there is a genuine issue for trial because, while State Farm argues that there was a reason for limiting underinsured motorist coverage, it remains unclear whether the dispute for limiting the coverage was genuine. The injured party’s cited evidence sufficiently casts doubt on whether State Farm allegedly violated its own policies when valuing the claim.
Court: USDC Nevada, Judge: Silva , Filed On: October 5, 2023, Case #: 2:21cv486, NOS: Insurance - Contract, Categories: Evidence, Insurance, Vehicle
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Silva grants the investment company and union's motion for $138,500 in attorney fees. The attorney acted recklessly by failing to voluntarily dismiss the union member's duty-of-fair-representation claim when it was clear that it was meritless. He also acted in bad faith by failing to inform opposing counsel/the court that he was abandoning an FMLA claim until after the issue had been fully briefed at summary-judgment, by misrepresenting evidence and case law, by raising novel arguments first in reply briefs and at oral argument, and by violating local rules. The investment company provides sufficient information on which to base an award of fees for work related to summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: September 21, 2023, Case #: 2:20cv1287, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Attorney Fees, Attorney Discipline
J. Silva conditionally grants the city's petition for a writ of mandamus, in which it challenges an order of the lower court that required the mayor and a commissioner to attend mediation. The lower court erred in its order, as it lacks the authority "to choose the representative of a party, or to mandate that one representative rather than another must attend."
Court: Texas Courts of Appeals, Judge: Silva, Filed On: September 18, 2023, Case #: 13-23-00370-CV, Categories: Civil Procedure, Mediation
J. Silva affirms the Bankruptcy Court's finding that the business owner owed the investment company a non-dischargeable debt as being a product of the fraudulent concealment of information on loans. Investors testified that they would not have made investments had they been apprised of the "loose way" in which the owner was operating his business. The owner says that such evidence is not “loan specific” without citing any case law and the Bankruptcy Court’s findings are “plausible in light of the record viewed in its entirety” by application of the clear error standard.
Court: USDC Nevada, Judge: Silva , Filed On: September 1, 2023, Case #: 2:19cv649, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Business Practices, Banking / Lending
J. Silva finds that the lower court properly rendered summary judgment in favor of the appellee in this suit asserting nuisance claims, based on the alleged fumes coming from the appellee's shop. The appellee sufficiently showed that the claims are barred under the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 30, 2023, Case #: 13-22-00547-CV, Categories: Civil Procedure, Real Estate
[Consolidated.] J. Silva conditionally grants the insurance company's request for a writ of mandamus, in which it challenges an order in the lower court granting a bill of review. The lower court abused its discretion by granting the bill of review, as the insured party was not "prevented from presenting a meritorious defense to the underlying cause of action by official mistake."
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 22, 2023, Case #: 13-22-00116-CV, Categories: Civil Procedure, Insurance
J. Silva finds that the lower court properly granted summary judgment to the appellee property company in this suit concerning the boundaries of certain real property. The evidence sufficiently establishes the company's adverse possession affirmative defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 17, 2023, Case #: 13-22-00496-CV, Categories: Evidence, Real Estate
J. Silva finds that the lower court properly entered an order modifying the parent-child relationship. On appeal, the father contends that the lower court erred by failing to modify his child-support obligation as he requested. However, he fails to show that he offered "sufficient evidence to accurately identify his net resources." Also, he fails to preserve his issue regarding judicial bias. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 10, 2023, Case #: 13-22-00016-CV, Categories: Evidence, Family Law
J. Silva grants the trust’s motion for leave to amend in this class action against the Las Vegas Sands Corporation, some of its directors and executive officers, brought on allegations of misrepresentation and omissions made regarding sales of its securities. The trust fails to state a claim for certain years of the alleged class period. As amendment would not be futile, the claims are dismissed in part, but with leave to amend.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:20cv1958, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Trusts, Contract
J. Silva denies the foundation’s motion for summary judgment in this dispute over royalties for intellectual property assigned to it by the pharmaceutical company as to its proprietary anesthetic. There is a genuine dispute over royalties owed on the product manufactured, as it is unclear whether the patent that the pharmaceutical company uses to manufacture the product is “related to” the patent that the foundation previously assigned to it.
Court: USDC Nevada, Judge: Silva, Filed On: August 8, 2023, Case #: 2:21cv2241, NOS: Other Contract - Contract, Categories: Health Care, Contract, Technology
J. Silva recommends the case proceed to settlement, brought against county employees by two minor children who suffered severe injuries while in the care of their former foster parents. Evidence presented shows the social worker’s carelessness when inspecting a one-year-old child in the custody of a foster parent subject to multiple complaints and allegations of abuse, and that a reasonable jury could conclude that the children's constitutional right to substantive due process was violated. If no settlement is reached, the case will proceed to trial.
Court: USDC Nevada, Judge: Silva , Filed On: July 27, 2023, Case #: 2:20cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law, Guardianship
J. Silva finds in this restricted appeal that the lower court improperly rendered a no-answer default judgment against the appellant convenience store and awarded the appellee customer $70,000 in damages. The customer asserted a claim for negligence after he allegedly broke a dental crown while eating almonds that were purchased at the store. However, service was not valid, as "the return receipt was not signed by the intended addressee or by a registered agent." Accordingly, the case must be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 27, 2023, Case #: 13-23-00084-CV, Categories: Civil Procedure, Negligence
J. Silva finds that the lower court properly granted summary judgment to the bank in this suit to collect an alleged outstanding credit card balance. The appellant contends that the bank failed to attach the parties' agreement, but the summary judgment evidence provides "the necessary proof of the existence of an agreement." The court notes that the business records included "seven years' worth of account statements." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 27, 2023, Case #: 13-22-00390-CV, Categories: Debt Collection, Evidence, Banking / Lending
J. Silva grants the county's motion to dismiss a wrongful death suit brought by the estate of a man who was killed by officers after failing to comply with commands and driving through the security gate at the Nevada National Security Site, leading officers on a chase. Private security officers were private actors who acted pursuant to their federal contract within a federal jurisdiction, and to the extent they acted with the county and its employees, both parties were jointly under color of federal, not state, law. The county employees have qualified immunity, and the estate does not state a plausible claim for relief.
Court: USDC Nevada, Judge: Silva , Filed On: July 24, 2023, Case #: 2:20cv2359, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, Wrongful Death
J. Silva finds that the lower court properly appointed the appellee sister as a possessory conservator. The sister had standing "to seek possession of and access to" her sibling, as both of the parents were deceased. Additionally, the appellants, the paternal grandparents, did not withdraw their consent to the parties' agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 20, 2023, Case #: 13-22-00591-CV, Categories: Civil Procedure, Family Law
J. Silva finds that the lower court properly dismissed the appellants' contest to a will. Summary judgment was appropriate, as the appellee's third amended answer to the will contest "included the affirmative defense of res judicata." Accordingly, the issue was properly pleaded and argued. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 20, 2023, Case #: 13-22-00445-CV, Categories: Civil Procedure, Wills / Probate
J. Silva grants the German property seller’s motion for summary judgment in this suit alleging that the investor transferred millions of dollars from a pair of company accounts to her own account to avoid satisfying a judgment after a bad real estate deal. The seller met its initial burden, establishing that the investor had the requisite statutory intent to defraud under Nevada law when she made the transfers to her personal accounts. The investor fails to meet the shifted burden, nor does she present a triable issue of material fact that would preclude summary judgment. All evidence supports the judgment.
Court: USDC Nevada, Judge: Silva, Filed On: July 14, 2023, Case #: 2:21cv2074, NOS: Other Fraud - Torts - Personal Property, Categories: Evidence, Fraud, Real Estate
J. Silva finds on restricted appeal that the lower court improperly divided the marital property in this divorce proceeding. The evidence did not sufficiently establish the division of the marital estate, as the only evidence was the wife's "conclusory testimony that the proposed divorce decree constituted a just and right division." Reversed in part.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 13, 2023, Case #: 13-22-00323-CV, Categories: Evidence, Family Law
J. Silva grants a Nevada city’s motion for summary judgment as to this civil rights suit brought by the family of a man police killed because he charged officers after threatening his family with a knife during a mental health episode. The man was first shot in the chest with a 40mm beanbag without effect. He did not comply with commands before officers opened fire when the man was eight feet from them. The use of deadly force was connected to a legitimate law enforcement objective and a reasonable response to the threat. They were also acting to protect the family members. The court declines to exercise supplemental jurisdiction over remaining state-law claims, so these are dismissed without prejudice.
Court: USDC Nevada, Judge: Silva, Filed On: July 10, 2023, Case #: 2:22cv371, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Immunity
J. Silva finds that the lower court improperly entered a final order in this suit to modify the parent-child relationship, appointing the grandfather as "managing conservator and granting him possession and access." The grandfather had standing to seek a modification, but he did not overcome "the fit-parent presumption." The evidence presented about the father's parenting was conclusory. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 6, 2023, Case #: 13-22-00219-CV, Categories: Evidence, Family Law
J. Silva finds that the lower court properly terminated the mother's parental rights to four of her children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the findings. Specifically, there was evidence of drug use and allegations of domestic violence. One of the fathers also appeals from the termination of his rights, but his appeal is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: June 22, 2023, Case #: 13-23-00049-CV, Categories: Evidence, Family Law