62 results for 'judge:"Welch "'.
J. Welch finds the Worker's Compensation Court properly found the worker sustained a recurrence of a work-related injury occurring during his employment with Walmart, finding Walmart is responsible for medical expenses even though the worker is no longer employed there. Though Walmart agreed to pay for future medical expenses, it did not pay for expenses previous to the recurrence and ample medical evidence was presented as to causation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-23-021, Categories: Tort, Workers' Compensation
J. Welch finds the county court properly denied the father's motion to modify custody, finding the child's best interests were served by the joint custody order with physical custody remaining with the mother. Though the mother is out of town for 54 days per year, she is otherwise a full-time, stay-at-home caregiver. Modification would require the father's custody time to include the child's spending long periods with the father's wife, while the mother has been the primary caregiver throughout the child's life and the child is thriving under the current arrangement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-22-800, Categories: Family Law, Guardianship
J. Welch finds that the lower court properly ruled in favor of the state agency in a visitor's suit over injuries that occurred in its office when the chair she was in collapsed. The evidence did not show that the agency had "actual or constructive notice of the defect in the chair" or that it failed to timely take corrective action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: November 9, 2023, Case #: 2023CA0412, Categories: Civil Procedure, Negligence
J. Welch finds the trial court properly granted summary judgment in favor of the attorney against whom was brought this legal malpractice action. Defendant was found guilty by no-contest plea to attempted sexual assault, represented by a different attorney. His ineffective assistance arguments failed related this, as well as his seeking of post-conviction relief. Post-conviction counsel���s affidavit presented evidence sufficient to show his conduct complied with standards regardless of any self-serving or conclusory statements. Allegations that the attorney failed to raise certain defenses present a question for the fact finder, not a question of law for the court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: November 7, 2023, Case #: A-23-054, Categories: Evidence, Legal Malpractice
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J. Welch finds the county court properly denied defendant���s motion for absolute discharge on speedy trial grounds from charges of sexual assault of child. Defendant���s motion to continue constituted an effective waiver of his right to a speedy trial because the clock was not set to expire at that point, and the court���s granting of the motion resulted ���in a ... delay that ... extended ... trial outside the speedy trial window.��� Defendant���s assignment that excludable periods associated with delays caused by his own motions for continuances without admonishment fails. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: November 7, 2023, Case #: A-23-048, Categories: Sex Offender, Speedy Trial, Child Victims
J. Welch finds that the trial court properly partitioned the community property and awarded the ex-wife permanent spousal support. The paint company was properly valued at $202,000 based on the testimony of a CPA who was "certified in business evaluations." Also, the ex-wife was correctly awarded $300 in monthly spousal support since she was "free from fault" for the breakup of the marriage, and the parties' respective income and expenses supported that amount. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023CA0145, Categories: Family Law, Property
J. Welch finds that the lower court properly denied the employer's motion to transfer venue in an employment retaliation suit. While the vast majority of the worker's employment was in Washington County where the company's plant in located, a majority of witnesses to his accident and termination reside in St. Clair County. Affirmed.
Court: Illinois Appellate Court, Judge: Welch, Filed On: October 18, 2023, Case #: 220687, Categories: Employment Retaliation, Workers' Compensation
J. Welch finds that defendant was properly convicted on counts including first degree rape of a victim under age thirteen and molestation of a juvenile. Defendant argued that the testimony from the expert regarding one of the victims "invaded the province of the jury," but the challenged testimony was harmless, and the admonition to the jury sufficiently cured the prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023KA0221, Categories: Evidence, Sex Offender, Experts
J. Welch finds the trial court properly convicted defendant for attempted assault after his no-contest plea agreement from charges of assault on a pregnant woman. The 62-year-old woman testified that after she heard her neighbor screaming, she observed defendant assaulting the pregnant neighbor by pulling her hair and punching her in the face. Defendant then struck the 62-year-old twice in the face with a closed fist, causing her to fall to the ground, where he kicked her ribs. The 62-year-old���s jaw needed emergency surgery because it was fractured in six places. All evidence supports the conviction, and the record shows that defendant���s plea was entered knowingly and voluntarily. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: October 3, 2023, Case #: A-23-142, Categories: Evidence, Assault
J. Welch finds the trial court properly convicted defendant for sexual assault. The college freshman victim accused defendant of sexual assault occurring at a birthday party in a trailer park. A medical examination revealed signs of assault and defendant was arrested. All evidence, including witness testimony as well as DNA evidence supports the conviction. Challenges to evidence are not preserved for review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: October 3, 2023, Case #: A-22-771, Categories: Dna, Evidence, Sex Offender
J. Welch finds that the county court properly in part divided property, designated alimony, and ordered joint custody of the couple's children in a divorce decree. The husband did not show that student loan debt incurred by the wife, as well as home-improvement and credit card debt, was nonmarital. The husband's unvested military credits were conditionally divided, and rights were not determined with certainty. Certain hypotheticals are vacated and remanded. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: September 26, 2023, Case #: A-22-528, Categories: Family Law
J. Welch finds that the lower court improperly held that an automotive supplier was bound to a contract after the supplier refused to continue providing parts at a price set forth in a blanket purchase order because the parties' release-by-release contract allowed the supplier to stop selling parts after the cost of business substantially increased. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: September 22, 2023, Case #: 163523, Categories: Contract
J. Welch finds that the trial court properly ruled in favor of the attorney in a legal malpractice suit brought by property owners who allege he simultaneously represented them and a lender that foreclosed on the property. The owners did not give sufficient evidence that any alleged negligence by the attorney caused their damages since their own actions led to the loss of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0065, Categories: Property, Fiduciary Duty, Legal Malpractice
J. Welch finds that the trial court properly issued contempt rulings in the parties' divorce proceeding. The ex-husband failed to show that he was owed more than the $1,500 in attorney fees awarded on his rule for contempt against the ex-wife, and he was correctly found in contempt for not reimbursing the ex-wife for certain expenses for which he was responsible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0242, Categories: Contempt, Family Law, Attorney Fees
J. Welch finds that the trial court properly sided with the employer in the former employees' suit alleging they were owed for unused paid time off (PTO). The evidence indicates the company had a clear policy that former employees would not be reimbursed for unused PTO. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0298, Categories: Employment, Contract
J. Welch finds the district court properly denied the father's request for sole custody of his minor children and modification of his parenting time. The father alleges that the mother's move was not in the children���s best interests, substantially interfering with his parenting time. He also claims the mother has failed to co-parent. The district court found that the mother���s move constituted a material change in circumstances and determined that the children���s best interests required a modification to parenting time. This determination was within the court���s responsibility to conduct an independent inquiry into the children���s interests. All assigned errors have been properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: September 5, 2023, Case #: A-22-966, Categories: Family Law, Guardianship
J. Welch finds the Nebraska Public Service Commission properly imposed a $290,000 civil penalty on the grain merchandiser for violations of Nebraska���s Grain Dealer Act and related regulations. The parties acknowledge that the merchandiser���s failure to obtain a Nebraska license gave customers certain rights requiring the merchandiser to inform them of risks regarding the failure to comply. The civil penalty was not excessive, and the commission did not err in considering the merchandiser���s failure to inform customers as an aggravating factor. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: August 15, 2023, Case #: A-22-427, Categories: Agriculture, Licensing, Business Practices
J. Welch finds the county court sitting as juvenile court properly entered a dispositional order adopting a case plan as to the children���s placement and the mother���s drug testing, psychological evaluation and supervised visitations. The mother failed to appear at three prior hearings and did not provide written objections prior to the dispositional hearing. She therefore waived any objections to the case plan and court report. No due process violation is found in connection with the court���s admission of the documents under these circumstances. A previous order of adjudication finding the court had jurisdiction was not appealed, and the mother���s collateral attack on this is impermissible. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: August 15, 2023, Case #: A-23-007, Categories: Family Law, Due Process, Guardianship
J. Welch finds the county court properly denied defendant���s amended motion for postconviction relief without an evidentiary hearing from his conviction for assault, use of a deadly weapon and possession of a firearm by a prohibited person. All evidence and testimony by the victim and witnesses support the conclusion that defendant shot the victim in the head as he left a bar. Defendant���s claims of ineffective assistance and lack of due process fail because they are either procedurally barred, were not pled with specificity or are refuted by the record. Defendant fails to cite an authority or make argument showing that the outcome would have been different sans the alleged errors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: August 8, 2023, Case #: A-22-597, Categories: Ineffective Assistance, Assault, Weapons
J. Welch finds that the trial court improperly ruled in favor of the intervening insurer in a dispute over whether a policy covers the loss of electronic data in the form of a company's stolen loan files. There was coverage for the data based on the fact it is "tangible property that can be subject to a loss of use." Reversed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: August 1, 2023, Case #: 2022CA1252, Categories: Insurance, Trade Secrets, Contract
J. Welch finds the Court of Appeals properly affirmed the circuit court���s ruling that the insurance policies of the individuals who suffered traumatic injuries in car accidents bind the providers to personal injury protection under the law that existed at the time of injury. Later no-fault amendments do not clearly convey an intent to retroactively modify these vested contractual rights. The parties no longer have standing to move forward with due process and equal protection challenges to prospective application of the amendments. Affirmed in part. Reversed in part and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 164772, Categories: Insurance, Due Process, Contract
J. Welch finds the Court of Appeals improperly reversed the Court of Claims��� grant of summary judgment to the Treasury in this tax dispute, determining that business income was properly subject to taxation under the Michigan Business Tax Act as to the sale of a Minnesotan business to one in Michigan. The Act���s formula, as applied, did not impermissibly tax income outside the scope of Michigan���s taxing powers and did not violate due process or commerce clauses of the Constitution. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 163742, Categories: Commerce, Constitution, Tax
J. Welch finds the Court of Appeals improperly affirmed the trial court���s denial of defendant���s motion to withdraw her guilty plea to robbery charges arising from an attempted robbery, with an accomplice who brandished a toy gun, of a Popeye���s restaurant. The prosecution agreed to dismiss information charging defendant as a third-offense habitual offender in exchange for her plea. Defendant was only eligible to be charged as a second-offense habitual offender at the time of the plea offer, with the charging information double counting a prior conviction. Neither the prosecutor nor the trial court corrected this or informed defendant, rendering her plea involuntary and unknowing. The Court of Appeals��� opinion is reversed in part, vacated in part and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 18, 2023, Case #: 163700, Categories: Robbery, Plea, Due Process
J. Welch finds that an automotive supplier was not bound to provide parts at prices set forth in a blanket purchase order since the parties' release-by-release contract allowed the supplier to stop selling parts at the previously agreed upon price. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 11, 2023, Case #: 163523, Categories: Contract
J. Welch finds the juvenile court properly terminated the father���s parental rights to his three minor children. The children were removed based upon allegations of domestic violence and substance use by the parents. Termination proceedings were begun after the father failed to correct conditions or to complete family support services, supervised visitations, drug testing, batterer���s intervention, personal therapy and parenting classes. All evidence supports the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 27, 2023, Case #: A-22-862, Categories: Evidence, Family Law, Guardianship
J. Welch finds the trial court properly convicted defendant for sexual assault and felony child abuse on the 14-year-old victim���s accusations and after rejecting a plea offer. The victim met defendant while skateboarding, and over the next several weeks was often treated to alcohol and drugs before defendant eventually sexually assaulted him. Texts shared between the victim and defendant, witnessed by the victim���s mother, support conviction. Though defendant watches ���a lot of Law and Order��� and feels like ���everyone is against him,��� the court properly observed nothing to suggest that representation was insufficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 13, 2023, Case #: A-22-632, Categories: Evidence, Sex Offender, Child Victims
J. Welch finds the district court properly denied defendant���s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court���s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: Firearms, Juvenile Law, Jurisdiction
J. Welch finds that the trial court partly erred in granting the boiler servicing company's cross motion for partial summary judgment in a dispute with its former president and a competing business over the alleged breach of a settlement agreement. The Louisiana statute that bans non-competition agreements applies to the settlement agreement in relation to the company's former president, and so the company may not seek liquidated damages from him for the alleged violation of the non-compete covenant contained in the settlement. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: May 31, 2023, Case #: 2022CA1225, Categories: Settlements, Contract