103 results for 'judge:"Parker"'.
J. Parker finds that the district court properly declined to enhance the sentence imposed upon defendant's guilty plea to being a felon in possession of a firearm. Prosecutors argued defendant's prior state conviction for possessing cocaine justified the armed career criminal enhancement, but New York's definition of cocaine is categorically broader than the federal counterpart. Affirmed.
Court: 2nd Circuit, Judge: Parker, Filed On: September 6, 2023, Case #: 21-3102, Categories: Sentencing
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J. Parker finds that the lower court properly denied the appellant's petition for a writ of mandamus after the appraisal district "failed to provide him with public records he requested pursuant to the Texas Public Information Act." The appellant fails to show that the lower court abused its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 30, 2023, Case #: 07-23-00173-CV, Categories: Civil Procedure, Public Record
J. Parker finds that the lower court properly entered a protective order in favor of the appellee. The appellant contends that the lower court lacked jurisdiction over the appellee's application, because it was actually a modification of their ongoing suit affecting the parent-child relationship. However, the lower court was not deprived of jurisdiction in the protective order proceeding under Title 4. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 25, 2023, Case #: 07-23-00172-CV, Categories: Family Law, Restraining Order, Jurisdiction
J. Parker denies the appellants' motion for rehearing and substitutes the current opinion, holding that the lower court properly rendered a take-nothing judgment against the appellants in this lawsuit stemming from the sale of a family farm. The appellants sued the purchasers for breach of contract, based on an alleged oral agreement that the sellers could "buy back their residence." However, under the purchase agreement, there was no obligation for the purchasers to convey property back to the sellers. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 24, 2023, Case #: 07-22-00144-CV, Categories: Real Estate, Contract
J. Parker finds that the lower court improperly entered a temporary injunction against the appellants in this suit alleging fraudulent transfer. The order did not comply with Rule 683, as it failed "to state the reasons for its issuance and to be specific in its terms." Accordingly, it is a void order. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 23, 2023, Case #: 07-23-00240-CV, Categories: Civil Procedure, Fraud
[Consolidated.] J. Parker finds that the lower court properly partitioned certain real property and required the payment of court costs. The appellant fails to show that the property division was unjust, as she actually was granted "a larger portion of the land than she was entitled to receive." Also, she did not appear at the hearing regarding court costs and failed to prove her "inability to afford costs." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 18, 2023, Case #: 07-23-00041-CV, Categories: Evidence, Property, Real Estate
J. Parker finds that the lower court properly terminated the father's parental rights to the child. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. There was evidence of methamphetamine use, as well as domestic violence. Also, the father failed to participate in the services provided by the Department of Family and Protective Services. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 10, 2023, Case #: 07-23-00197-CV, Categories: Evidence, Family Law
J. Parker finds that the lower court improperly denied the appellant's request for attorney fees in relation to a "motion for enforcement of child support." The award was mandatory, without a showing of good cause to deny the award. Accordingly, that part of the case is remanded to the lower court to determine reasonable fees or establish good cause for denying the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 9, 2023, Case #: 07-22-00375-CV, Categories: Civil Procedure, Family Law, Attorney Fees
J. Parker finds that the district court properly found for a municipal transit agency, dismissing claims of age, race and gender discrimination and retaliation. The Black, female capital programs director failed to show that the explanation of technical-skills deficits she got for not being promoted were pretextual, or that by reporting the perceived discrimination, her performance reviews turned negative and her workload increased. Affirmed.
Court: 2nd Circuit, Judge: Parker, Filed On: August 7, 2023, Case #: 22-792-cv, Categories: Employment Discrimination, Employment Retaliation
J. Parker finds that the lower court properly granted summary judgment to the attorney and his law firm in this legal malpractice case. The client failed to provide expert testimony to support her claims. She argues that the testimony was not required, but expert testimony was required to show causation. Also, her fiduciary duty claim fails. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 7, 2023, Case #: 07-23-00059-CV, Categories: Fiduciary Duty, Legal Malpractice
J. Parker rules partially in favor of the agency, which allegedly failed to accommodate the correction officer's hip injury and later forced him to retire while out on leave during an investigation into sexual harassment. The agency does not seek summary judgment on the claim for lost wages, but the complaint does not list specific damages regarding lost wages and the alleged injury regarding his home deposit preceded any alleged retaliation.
Court: USDC Eastern District of Michigan, Judge: Parker , Filed On: August 2, 2023, Case #: 2:20cv10421, NOS: Employment - Civil Rights, Categories: Employment
J. Parker adopts the magistrate judge's recommendation and dismisses the individual's claims against the fire department and the lieutenant with prejudice. The pro se plaintiff contends that he was arrested and transported to "a mental health institution" following a conversation outside a fire station. His claims stemming from the incident include "defamation in retaliation of free speech," but he fails to establish the court's subject matter jurisdiction or adequately state a claim for relief.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: August 1, 2023, Case #: 2:22cv2651, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Defamation
J. Parker finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to their arguments on appeal, the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence between the parents, as well as drug abuse and missed drug screens. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: July 25, 2023, Case #: 07-23-00091-CV, Categories: Evidence, Family Law
J. Parker grants, in part, the photographer's motion for summary judgment, ruling that while the bar owner was not the creator of the advertisement that used a copyrighted photo without permission, the public display of the ad at the bar establishes liability for copyright infringement because of the striking similarity between the two images. Meanwhile, there is no evidence of willful conduct on the part of the bar owner and the photographer has not established he is entitled to any degree of statutory damages; therefore, both parties' motion on the issue of damages is denied.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: July 18, 2023, Case #: 1:22cv973, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Parker finds that the district court properly convicted defendant of computer fraud for deleting a database of accountants after being fired by a firm that provides outsourced accounting services to businesses. Defendant, who is based in Florida, contends venue in New York was improper since information was being held at data centers in Virginia and California, but she had impaired her supervisor's access to the database from Manhattan. Affirmed.
Court: 2nd Circuit, Judge: Parker, Filed On: July 14, 2023, Case #: 21-3089, Categories: Fraud, Jurisdiction, Employment