104 results for 'judge:"Kelly"'.
J. Kelly finds that the trial court properly ruled to terminate a mother's parental rights to her four children. The evidence shows that the mother failed to comply with court orders to preserve her parental rights. Such facts sufficiently establish that it is in the best interest of her children to be removed from her care. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: September 27, 2023, Case #: 03-23-00243-CV, Categories: Family Law
[Amended.] J. Kelly finds for the Secretary of Commerce on commercial fishermen and a trade association's challenge to the allocation of red grouper fishing privileges in the Gulf of Mexico. Contrary to their claims, the department did not use incorrect data or apply the data arbitrarily, while it did consider suitable alternatives.
Court: USDC District of Columbia, Judge: Kelly, Filed On: September 21, 2023, Case #: 1:22cv1260, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Commerce, Environment
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J. Kelly finds that the trial court improperly denied a company leave to amend the complaint to include claims seeking punitive damages because the company sufficiently pleaded the claim, and the court applied the incorrect legal standard. Reversed.
Court: Florida Courts Of Appeal, Judge: Kelly, Filed On: September 15, 2023, Case #: 2D22-2454, Categories: Damages, Contract
J. Kelly finds a lower court properly ruled in favor of a university on a former student's sex discrimination claims after he was accused of sexual misconduct two times. The former student argued that the university violated due process. However, the university is protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: September 14, 2023, Case #: 21-3340, Categories: Education, Immunity, Due Process
J. Kelly partially grants the union's summary judgment motion and confirms the arbitration decision and award in this dispute over a collective bargaining agreement. Contrary to the electric company's argument, the company "agreed to submit the subjects of negotiation at issue here" to the Council on Industrial Relations. The court denies the union's request for an audit of the company's business records, however, as well as its request for attorney fees.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: September 6, 2023, Case #: 4:21cv246, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Contract, Labor / Unions
J. Kelly finds that the trial court properly ruled to dismiss the customer's suit against a pharmaceutical company after the customer failed to provide any witnesses at trial. Although the customer argues that the court should not have dismissed his suit because he had documentary evidence with him, the record does not contain any such evidence, so there is nothing to review.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 31, 2023, Case #: 03-22-00170-CV, Categories: Civil Procedure, Corporations
J. Kelly finds a lower court improperly granted summary judgment to an employer on an employee's ADA claims. The employer, a global company, argued that it was entitled to cancel accommodation plans on behalf of the employee, who suffered a seizure and could not drive a vehicle for six months. However, the employee presented sufficient evidence in court that his employer "earmarked" him for termination for being unable to operate a vehicle, even though he secured a driver on his behalf. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 25, 2023, Case #: 22-2808, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Kelly finds that a lower court properly dismissed a patient's medical negligence claims against a healthcare provider. The patient argues that the healthcare provider failed to prevent him from suffering side effects from a prescribed medication and that he is entitled to a new trial. A jury found in favor of the healthcare provider. The court lacks jurisdiction based on the patient's failure to timely file a notice of appeal. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 16, 2023, Case #: 22-2012, Categories: Health Care, Jurisdiction, Medical Malpractice
J. Kelly finds a lower court improperly dismissed an inmate's civil rights claims. The County Sheriff argued that the defendant obtained adequate medical care while in detention. However, the defendant presented sufficient evidence in court that the department failed to provide him with reasonable access to a toilet and a bed, which may have been provided to non- disabled inmates. Reversed in part.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 22-2582, Categories: Civil Rights, Health Care
[Consolidated]. J. Kelly finds a lower court improperly sentenced three defendants after they pleaded guilty to federally controlled drug crimes. The government argued that the lower court properly convicted all three defendants on five counts of conspiracy to sell meth and imposed sentences of 240, 190, and 300 months in prison respectively. However, the defendants presented sufficient evidence in court that their convictions for "offer-to-sell" may have fallen short based on an incomplete drug transaction. Vacated.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 21-3524, Categories: Drug Offender, Evidence, Sentencing
J. Kelly finds a lower court properly dismissed a father's motion for a writ of habeas corpus concerning a custody battle over his daughter with her mother, who is a member of the Cheyenne River Sioux Tribe. The father argued that the tribe lacked jurisdiction to refuse to abide with State ordered custody of his daughter, in violation of the Parental Kidnapping Prevention Act. However, the Act does not apply to Native American Tribes. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 22-2277, Categories: Family Law, Native Americans, Habeas
J. Kelly finds that the trial court properly terminated the mother's parental rights to her children and placed them with a foster family. On appeal, the mother claims that the court’s decision was based on insufficient evidence. The mother failed, however, to request a record from the court reporter to provide for review. Because the record is unable to be reviewed, the evidence must be construed to have supported the trial court’s judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 15, 2023, Case #: 03-23-00151-CV, Categories: Family Law
J. Kelly finds a lower court properly dismissed a drug trial participant's negligence claims against a pharmaceutical research company. The drug trial participant, who was compensated for his partaking, argued that the pharmaceutical research company failed to prevent him from contracting hepatitis C. However, the research company provided sufficient evidence in court that he participated in numerous trials on behalf of other companies, where he had his blood drawn at least 31 times. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 14, 2023, Case #: 22-1375, Categories: Evidence, Health Care, Negligence
J. Kelly finds a lower court properly dismissed a police officer's whistleblower claims against a City. The police officer argued that the City fired him for exercising his free speech rights. However, the City terminated him for deleting video footage from his phone at the request of another officer, who clobbered a civilian passenger with a flashlight in a car with a driver who led them on a high- speed chase, in violation of the department's digital recording policy. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 14, 2023, Case #: 22-2533, Categories: Constitution, Employment, Whistleblowers
J. Kelly finds the lower court improperly denied the City of Houston’s motion for summary judgment. A driver sued the city after a City of Houston police car collided with a City of Houston fire truck, then with her vehicle. The city alleges the driver’s claims are barred by the emergency exception to the limited waiver of immunity in the Texas Tort Claims Act and by official immunity. The officer driving the police car and the operator of the fire truck were performing discretionary duties within the scope of their authority, and in good faith at the time of the collision. The driver failed to create a genuine question of material fact. Dismissed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 8, 2023, Case #: 01-22-00709-CV, Categories: Tort, Immunity, Damages
J. Kelly dismisses a suit brought by a property owner against members of a property owners association challenging the issuance of fees for maintenance of a road that the property owner uses to access their property. Both the justice court and county court declined to rule on the fees and if they were adequately assessed, citing a lack of jurisdiction. Due to the county court’s lack of jurisdiction, the court of appeals does not have the proper authority to adjudicate the matter.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 4, 2023, Case #: 03-22-00058-CV, Categories: Property, Jurisdiction
J. Kelly finds a lower court properly sentenced a defendant to 120 months in prison after a jury found him guilty on three counts of aggravated sexual abuse of a minor, committing a felony sex offense against a minor while required to register as a sex offender, and tampering with a witness. The defendant argued that the lower court erred in dismissing his motion for acquittal for lack of evidence. However, the government provided sufficient evidence in court that the defendant's mother, who is the grandmother of the abused child, disclosed that she was "being pressured" to help him get out of jail by asking his minor victim to recant her claims, which was recorded on jail house phone conversations between both parties. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 3, 2023, Case #: 22-2176, Categories: Evidence, Sex Offender, Child Victims
J. Kelly finds a lower court properly dismissed contract claims brought by a energy company against a electric power cooperative. The energy company argued that is was entitled to cancel the parties' long-term power agreement. However, the electric power cooperative presented sufficient evidence in court that the energy company is not entitled to a buyout to withdraw from the project, based on an unambiguous agreement it signed to purchase electricity exclusively from it until 2075. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 28, 2023, Case #: 22--1884, Categories: Construction, Interference With Contract, Contract
J. Kelly finds a lower court properly dismissed a former Navy service member's discrimination claims against his employer under the Uniformed Services Employment and Reemployment Rights Act. The former Navy serviceman argued that his employer was obligated to provide him with tuition assistance to obtain a bachelor's degree. However, his employer provided sufficient evidence in court that the G.I. Bill covered his tuition in full. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 28, 2023, Case #: 22-2321, Categories: Education, Employment Discrimination, Military
J. Kelly finds a lower court properly indicted a defendant for wire fraud. The defendant argued that he was entitled to a dismissal for insufficient evidence of crime. However, the government presented sufficient evidence in court that the defendant opened a second life insurance policy on his spouse without disclosure, paid the premiums from her bank account, forged her signature, and convinced her to undergo a physical exam, claiming it was for an existing policy. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1096, Categories: Evidence, Fraud, Insurance
J. Kelly finds a lower court properly convicted a defendant for conspiracy to distribute and possession with intent to distribute meth. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in suspicious mail transactions based on a warrant that lacked relevant information. However, the although the warrant lacked certain information for probable cause, the government provided sufficient evidence in court that authorities located 31 grams of meth and cash in his residence, which was sufficient to show his intent to sell drugs. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1332, Categories: Drug Offender, Evidence, Conspiracy