187 results for 'judge:"Johnson"'.
J. Johnson finds the trial court properly denied defendant's motion for post-conviction DNA testing. After the appeals court affirmed his conviction for aggravated robbery, defendant filed the DNA testing motion, which was then denied. Defendant did not point out where biological evidence amenable to DNA testing might have been found, nor has he shown that he may not have been convicted if the testing were allowed. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00199-CR, Categories: Dna, Evidence, Robbery
J. Johnson finds that the district court should not have granted the peremptory exceptions of no cause of action in favor of a tax sale purchaser of a property on the original owner's son's petition to annul the tax sale. In this case, the son's petition stated a right of action because he pled that he was the property owner and a tax sale party as his deceased mother’s universal successor. Further, the son stated that he did not receive post-tax sale notice or notice of the expiration of the redemption period from the tax collector. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 24, 2024, Case #: 2023-CA-0476, Categories: Evidence, Property
J. Johnson denies the defendant companies' motion to claw back a document produced during discovery in a product liability suit involving a defective surgical stapler. The document, an Establishment Inspection Report from the FDA, is relevant to the claims and not protected by work product privilege.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: January 23, 2024, Case #: 4:19cv870, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Discovery
J. Johnson finds that the lower court properly denied a request from insurance companies to dismiss claims against them from a series of educational institutions and colleges over losses stemming from the Covid-19 pandemic. The insurance companies moved to toss the claims on the grounds of forum non conveniens, but under the relevant agreements with the colleges, the colleges have the right to select their desired forum and the lower court did not abuse its discretion to enforce the forum selection clause. Affirmed.
Court: Washington Supreme Court, Judge: Johnson , Filed On: January 18, 2024, Case #: 100752-3, Categories: Insurance, Venue
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J. Johnson finds the trial court improperly found in favor of the borrowers, who received a letter of default after they accepted the mortgage company's forbearance plan when their property was flooded from Hurricane Harvey. Though the trial court properly entered take-nothing judgments in favor of the borrowers, it improperly ordered they recover $509,000 in damages and $106,000 in attorney fees and costs. The mortgage company was also improperly sanctioned $25,000 for discovery violations and $41,000 for spoliation of evidence. Neither testimony nor evidence supports the amounts for damages or attorney fees, and sanctions were improperly calculated. Affirmed in part. Reversed in part.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 18, 2024, Case #: 09-22-00032-CV, Categories: Property, Sanctions, Banking / Lending
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Testimony from first responders, two sources of surveillance video, and physical evidence including shell casings, clothing, and an unusually painted vehicle linking defendant to the act support the conviction. Furthermore, a mistake of fact instruction was not necessary based on the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 17, 2024, Case #: 09-22-00274-CR, Categories: Evidence, Assault, Weapons
J. Johnson grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee who was allegedly terminated after asking for leave under the Family and Medical Leave Act to care for a family member. The record indicates that the employee "repeatedly" violated the company's absence policy and often "failed to provide notification to his employer of his anticipated and actual absences." Accordingly, the employer has sufficiently shown that he would have been terminated anyway, even without the request for leave.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 10, 2024, Case #: 4:20cv229, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Johnson finds the trial court correctly ruled in favor of the defendants in a challenge to a local political candidate’s ballot access. The candidate was not timely informed of the challenge, which had been filed and scheduled for trial fewer than 24 hours before the trial took place, because the elections office did not post the notice in a conspicuous place nor made any effort to notify the candidate other than attempting to call him on the phone. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 5, 2024, Case #: 24-CA-2, Categories: Elections, Due Process
J. Johnson answers two certified questions before the court relating to an underlying sexual misconduct dispute at Washington State University. The two questions tie to the issues of whether, under state law, there is a special relationship between a university and its students that gives rise to a special duty of care, and if so, how far exactly does that duty go. The answer to the first question is yes, that duty is recognized under state law and a university must use reasonable practices to protect students from their peers. As for how far that duty goes, it is a duty that exists whenever a student is on campus or is involved in university-related activities.
Court: Washington Supreme Court, Judge: Johnson, Filed On: January 4, 2024, Case #: 101045-1, Categories: Civil Rights, Education
J. Johnson grants the school administrators' dismissal motion and partially grants the school district's dismissal motion in this lawsuit regarding a student who was allegedly bullied by other students. The court dismisses the official capacity claims against the administrators with prejudice. Additionally, the adoptive mother, who is suing on behalf of the student, concedes that the board of education should be dismissed.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 2, 2024, Case #: 4:19cv637, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Negligence
J. Johnson, finding the record did not contain sufficient evidence to support the amount of restitution ordered, upholds defendant’s conviction on simple arson but vacates the five-year prison sentence and $4,500 in restitution and remands the case for resentencing. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 27, 2023, Case #: 23-KA-234, Categories: Sentencing, Restitution, Arson
J. Johnson answers a series of certified questions regarding an underlying dispute over the wage practices involved with paying civil immigration detainees. Under state law, detained workers at private detention facilities are considered "employees" and are subject to the state's minimum wage requirements. The state's government-institutions exemption does not apply to the work performed by those detainees, and equitable relief is not barred by a damages award issued to the class in the underlying case.
Court: Washington Supreme Court, Judge: Johnson, Filed On: December 21, 2023, Case #: 101786-3, Categories: Employment, Immigration
J. Johnson grants the defendant companies' motion to compel arbitration in this lawsuit involving a vehicle service contract. The car owners sued the companies for breach of contract after their claim for coverage was denied. However, they fail to show why arbitration is improper, given the contract's arbitration provision. Additionally, the court will dismiss the case without prejudice, instead of staying the proceedings.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: December 21, 2023, Case #: 4:22cv34, NOS: Other Contract - Contract, Categories: Arbitration, Vehicle, Contract
J. Johnson finds the trial court properly found defendant guilty of continuous sexual abuse of a child. The forensic interviewer testified the 14-year-old victim described multiple incidents occurring since she was 11 where her father raped and molested her. The interviewer and a detective testified as to the child's truthfulness and guarded demeanor, and other behaviors that indicated she was telling the truth. All evidence, including a DNA match, supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 20, 2023, Case #: 09-23-00007-CR, Categories: Evidence, Sex Offender, Child Victims
J. Johnson finds that the trial court properly imposed a final default judgment quieting a tax title in favor of a tax sale purchaser. In this case, the tax title purchaser presented a certified copy of the tax sale certificate for the property, and the property owner's name was not listed on the tax
sale certificate. The property owner did not take any action to annul the tax sale. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 20, 2023, Case #: 23-CA-155, Categories: Evidence, Property
J. Johnson finds that defendant was properly convicted of possession of methamphetamine. There was drug evidence found in a search of the residence defendant shared with his girlfriend in an area that defendant had control over, and defendant and his girlfriend sought a deal to avoid arrest that day. Defendant voluntarily went to the law enforcement office, completed paperwork, and provided information regarding other drug dealers. Further, defendant did not confess to possession of the drugs. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: December 20, 2023, Case #: 23-KA-148, Categories: Drug Offender, Evidence
J. Johnson reverses the town's denial of a property owner's application for private access to a public road. The town board's reasons for denial are variously not within the regulatory purposes specified in an applicable state statute or not supported by sufficient evidence. These reasons include determinations that the property owner had not shown good cause for a second entrance to its property, that the property is equally accessible from the existing entrance, that the road was created by subdivision plats which do not include the property, that the road is part of a "subordinate service district" that does not include the property, that the proposed agricultural use of the property is "incompatible with the character" of the residential street, and that it could cause "liability, drainage and maintenance problems." Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 18, 2023, Case #: A23-0372, Categories: Municipal Law, Property, Zoning
J. Oden Johnson finds that the lower court properly convicted defendant of murdering a taxi driver, and sentenced him to 39 years in prison for a crime committed at age 17. Defendant's actual innocence claim, based on a new witness affidavit, must be dismissed because the testimony does not align with the video footage of the shooting. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 15, 2023, Case #: 220123, Categories: Murder, Sentencing
J. Johnson finds the trial court properly rendered judgment in favor of the purchasers of the home health care business. The purchasers filed suit against the seller alleging various breach of contract and fraud claims after discovering the company's financial condition was not what the seller had represented. All evidence is sufficient to support the fraud and breach of contract claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 14, 2023, Case #: 09-21-00391-CV, Categories: Fraud, Business Expectancy, Contract
J. Johnson finds the trial court properly convicted defendant for the manufacture or delivery of a controlled substance after defendant pleaded guilty to the charge, but "not true" to sentencing enhancements for a prior burglary offense. However, an investigator's testimony comparing fingerprints and other evidence shows defendant was previously convicted of burlgary. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 13, 2023, Case #: 09-22-00400-CR, Categories: Drug Offender, Evidence, Sentencing
J. Johnson finds that the district court properly reinstated the city's rejection of a firefighter's appointment as Assistant Fire Chief. There was evidence that during the firefighter's test period as a probational Assistant Chief that the firefighter received written reprimands for submitting "vague and then inappropriate documentation” related to property damage that a citizen sustained while the department was responding to a call and for questioning a request to perform welfare checks on Department members out on sick leave due to surgery. In this case, the record shows no factual basis for the Civil Service Board to make the determination that the firefighter was not given a fair opportunity to prove his ability in the position of Assistant Fire Chief. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 13, 2023, Case #: 23-CA-156, Categories: Employment, Evidence
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: Landlord Tenant, Damages, Contract