120 results for 'judge:"Baker"'.
J. Baker finds that the district court erred in finding that the heirs to an intestate estate had agreed to distribute a 1978 Ford pickup truck to one of the four heirs. Any oral agreement is insufficient to show that a written agreement was executed as required by statute. Also, the estate's personal representative was not obligated to put any oral agreement into writing. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 23-0156, Categories: Wills / Probate
J. Baker finds the trial court properly ruled against an electricity generator in its fraud suit against executives at the Electricity Reliability Council of Texas. Based on precedent set by the Texas Supreme Court, the Public Utility Commission has jurisdiction over the generator’s claims, not the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 28, 2023, Case #: 03-18-00695-CV, Categories: Energy, Government, Jurisdiction
J. Baker finds a lower court improperly denied a native of Eastern Turkey's motion to remain in the U.K. The secretary of State argued that the native of Turkey is not entitled to relief based on his "short- term student" status. However, he sufficiently showed in court that a case worker wrongfully tossed out his application, in violation of the European Economic Community, which was enacted to protect free movement of Turkish workers in the U.K. Remanded.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 23, 2023, Case #: CA-2023-72, Categories: Employment, Government, Immigration
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J. Baker finds a lower court properly dismissed a native of Penang's motion to remain in the U.K. The Penang native argued that he had acquired right to abode benefits in the U.K. prior to the enaction of the British Nationality Act. However, the home department presented sufficient evidence in court that the Penang native is not entitled to relief based on the time of his birth and his lack of close connections to the U.K. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 16, 2023, Case #: CA-2023-9, Categories: Government, Immigration
J. Baker recommends granting, in part, a professor’s motion for a preliminary injunction in his case challenging “diversity, equity and inclusion” rules he claims violate his First Amendment rights. He has shown a likelihood of success on the merits and that he will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: Baker, Filed On: November 14, 2023, Case #: 1:23cv848, NOS: Constitutionality of State Statutes - Other Suits, Categories: Education, First Amendment, Injunction
J. Baker finds that the trial court improperly held that an estate's negligence claims were barred by issue preclusion. The Human Rights Bureau, which had heard claims that the estate's decedent was not given adequate treatment because of his race and disability, lacked the authority to hear the estate's tort claims for medical malpractice. The trial court also erred in holding that the county detaining the decedent lacked any duty of care to him. The county did not have a duty to provide detainees medical care, but it did have a duty to transport him to a hospital. Reversed.
Court: Montana Supreme Court, Judge: Baker , Filed On: November 7, 2023, Case #: DA 22-0656, Categories: Negligence, Jurisdiction
J. Baker finds in favor of the insurance company on the flooring company's claim that the insurance company is obligated to provide coverage for damage to a vinyl floor caused by a subcontractor's negligent paint job. The damage occurred as part of the subcontractor's misapplication of the paint, which is not a covered peril under the insurance policy at issue.
Court: USDC Eastern District of Arkansas , Judge: Baker, Filed On: November 1, 2023, Case #: 3:22cv150, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Baker finds the trial court properly ruled to terminate a mother's and father’s parental rights to their children. On appeal, the parents challenge the sufficiency of evidence used to support the termination of their rights. The court’s decision to terminate the parents' rights was made based on legally and factually sufficient evidence, showing that the parents engaged in inappropriate parental conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 1, 2023, Case #: 03-23-00440-CV, Categories: Family Law
J. Baker finds that the lower court properly terminated the mother's parental rights after multiple tribes confirmed the child does not qualify for tribal membership and the mother repeatedly tested positive for meth. The record includes documented instances of neglect, abuse and drug use by the mother that substantially impacted the child's welfare. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: October 31, 2023, Case #: DA 23-0157, Categories: Family Law, Native Americans
J. Baker finds the trial court properly convicted defendant for murder. Defendant killed the victim with a machete after a night of drinking which ended in an altercation involving what defendant claims was the victim’s threat that he was going to “whip” defendant and steal his vehicle. The court properly declined to submit defendant’s proffered jury instruction on justification, submitting a modified version of the model instruction. Case law cited by defendant did not support his position, and the language from the model instruction, modified to include justification instructions, accurately stated the law. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: October 26, 2023, Case #: CR-23-202, Categories: Evidence, Murder, Jury Instructions
J. Baker finds that the district court improperly issued an order remanding to state court an action against private contractors providing war-zone security services to the Department of Defense. The action was brought by employees who guarded bases, equipment and personnel in Iraq. The guards claim that their working conditions violated the contractors’ recruiting representations and contracts. The contractors sufficiently alleged a federal defense of compliance with the federal regulations incorporated into a Theater Wide Internal Security Services II contract between the contractors and the Department of Defense. Reversed.
Court: 9th Circuit, Judge: Baker, Filed On: October 25, 2023, Case #: 21-15261, Categories: Employment, Military, Class Action
J. Baker grants the CEO's and the company's motions to dismiss patent infringement and fraud claims asserted against them by the counterclaiming competitors to the extent that the claims seek to hold them liable for the manufacturer's patent infringement or fraud based on an alter ego theory. The competitors claim that the manufacturer, company and CEO manufactured and sold desk converters that infringed on three patents. The competitors failed to plausibly allege that the CEO is the company's alter ego and failed to put forth facts to support piercing the corporate veil. The company's motion to dismiss is denied as to the infringement and fraud claims seeking to hold it individually liable.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: October 16, 2023, Case #: 4:21cv368, NOS: Patent - Property Rights, Categories: Fraud, Patent
J. Baker grants, in part, an individual’s ex parte application for a 90-day extension for his motion for class certification in a labor and wage case. The parties have conferred and been collaborative, and it is possible certain requests for additional discovery and depositions could not have been anticipated.
Court: USDC Eastern District of California, Judge: Baker, Filed On: October 13, 2023, Case #: 1:21cv1084, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Baker finds a lower court properly ordered a patient, now deceased, to undergo extubation. The patient's family argued that her Trust failed to communicate whether or not extubation was the proper avenue. However, the hospital staff sufficiently showed in court that, following a collapse, her health rapidly declined when she suffered cardiac arrest, which resulted in untreatable, permanent hypoxic brain injury. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: October 13, 2023, Case #: CA-2023-1710, Categories: Health Care, Trusts
J. Baker rules in favor of the time charterer and the ship management company in a maritime action brought by the longshoreman arising from injuries he suffered in a fall when a gangway railing on a shipping vessel collapsed. There is no contractual provision under the agreements that would attribute liability to either the time charterer or the ship management company. The companies' motion for partial summary judgment is also granted as to the longshoreman's claim for loss of future earnings. However, the companies' renewed joint motion for summary judgment is denied. The longshoreman provided sufficient evidence to raise a genuine issues of fact as to whether the vessel negligently caused the gangway's handrail to collapse, whether the gangway was under active control of the vessel and whether the vessel had constructive knowledge of the hazard that led to the longshoreman's injuries.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: October 6, 2023, Case #: 4:20cv91, NOS: Marine - Contract, Categories: Maritime, Negligence
J. Baker partially grants the city's and officials' motion to dismiss a civil rights action brought by the business arising after the city council denied its application for a proposed multi-use development in the city. The motion is granted with respect to the claims against the mayor and city council members in their official or individual capacities. The motion is also granted with respect to the business's Fifth Amendment substantive due process claim to the extent that it is based on the council's denials of the remainder site plan. However, the motion is denied with respect to the business's Fifth Amendment taking claim. The business sufficiently alleged that the regulation and government actions at issue caused it to suffer an economic impact and interfered with investment-backed expectations.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 18, 2023, Case #: 4:22cv176, NOS: Other Civil Rights - Civil Rights, Categories: Property, Due Process
J. Baker finds that evidence of a felony DUI defendant's ability to pay did not support the trial court's imposition of costs, surcharges and fees. After paying a mandatory $5,000 fine, the impoverished defendant's only assets are his modest mobile home and vehicle, which satisfy his basic needs and which he would have to sell to satisfy the sentence. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: September 12, 2023, Case #: DA 21-0647, Categories: Sentencing, Dui
J. Baker partially adopts the magistrate judge's recommendation regarding the construction of disputed claims in patents at issue in a civil conspiracy and declaratory judgment action brought by the manufacturer arising after the company got Amazon to remove the manufacturer's standing desk converter units from the site based on a patent infringement claim. Eight of the magistrate judge's recommended constructions are adopted. Constructions are not adopted as to some disputed terms, including a proposed construction for two terms which would limit the word "set" to "pair."
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 11, 2023, Case #: 4:21cv368, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Baker rules in favor of the Georgia Department of Corrections as to the former inmate's medical malpractice claims against it arising after his infected toe fell off while he was incarcerated. However, the board's motion for partial summary judgment is rejected as to the inmate's claims based on a doctor's alleged negligence. There is a genuine dispute of fact as to whether the doctor was a correctional healthcare employee or an independent contractor. The physician assistant failed to show that she is entitled to qualified immunity from the civil rights claim alleging deliberate indifference. The ex-inmate's motion to exclude portions of the experts' opinions is partially granted as to two doctors' opinions that the prison parties met the standard of care and as to one doctor's opinion that they did not cause the ex-inmate's injuries.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 8, 2023, Case #: 4:21cv277, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Medical Malpractice