267 results for 'judge:"Smith "'.
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: Arbitration, Civil Procedure, Employment
J. Smith finds the trial court's properly granted the wife's petition for a civil protective order. The husband's threat to "put a bullet" in the wife's children from a previous marriage and kill her and himself if she ever cheated on him proved an imminent threat of harm. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-879, Categories: Evidence, Restraining Order
J. Smith finds for the U.S. in this protest to voluntary corrective action that had been taken following a bid protest for a contract to provide vision care services because the company waived its right to bring suit upon entering the settlement agreement.
Court: Court of Federal Claims, Judge: Smith, Filed On: March 6, 2024, Case #: 23-1278, Categories: Settlements, Contract
J. Smith finds the lower court properly granted legal custody of the mother's children to their maternal grandfather. Although the mother cares deeply about the children, she refuses to correct a drug addiction problem and could not provide a safe home environment, while the grandfather has ensured the children attend school regularly and obtain necessary medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-878, Categories: Evidence, Family Law
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J. Smith finds that the district court properly denied absolute and qualified immunity to two County of San Bernardino social workers in a matter in which individuals claimed that the social workers violated the individuals��� Fourth and Fourteenth Amendment rights by failing to provide them with notice of a juvenile detention hearing in which the County���s Child and Family Services and provided false information to the Juvenile Court about why the individual was not noticed for the hearing. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: March 5, 2024, Case #: 22-56054, Categories: Family Law
J. Smith grants the users of an online academic research tool's petition for a writ of mandamus. The underlying suit alleges the Commodities Futures Trading Commission's department of marketing oversight acted capriciously in finding the research tool not in compliance with directives. The district court improperly transferred their suit to the District Court for the District of Columbia due to court congestion, which is a clear abuse of discretion.
Court: 5th Circuit, Judge: Smith , Filed On: March 1, 2024, Case #: 24-50079, Categories: Commerce, Venue, Technology
J. Smith finds that the trial court properly ruled to appoint a father as the managing conservator of the child he shares with his former wife. While specific elements of the trial court���s decision to place the child in their father's care was unsupported by certain factors, the overall evidence suggests that it is in the child���s best interest to be with their father. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 29, 2024, Case #: 03-22-00090-CV, Categories: Evidence, Family Law, Guardianship
J. Smith finds that the lower court properly ruled in favor of the bank in this lawsuit "to collect a credit card debt." The appellant relies on "God's law" to challenge the judgment, citing Deuteronomy 15, but the lower court "properly applied Texas law to the breach of contract claim." Also, the evidence sufficiently supports the damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 28, 2024, Case #: 05-22-00834-CV, Categories: Debt Collection, Banking / Lending, Contract
J. Smith finds the district court improperly determined that legislative privilege did not apply to discovery documents sought by the migrant worker advocacy group. The documents were exchanged between the Texas legislature and members of the state executive branch, and involve elections integrity. The advocacy group alleges the legislature enacted the relevant elections integrity bill intending to discriminate against minorities. This fails to implicate federal interest beyond constitutional or statutory claims of racial animus. Legislative privilege was properly invoked and protects the documents. Reversed.
Court: 5th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-50201, Categories: Elections, Immigration, Privilege
J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: Civil Procedure, Employment Discrimination
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence in court. The defendant, who was charged for being a prohibited person in possession of a firearm, argued that authorities searched his vehicle without probable cause. However, the government sufficiently showed in court that a police officer peered through the window of the defendant's vehicle, which smelled of marijuana, and saw the grip of a firearm protruding from the center console. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-1676, Categories: Evidence, Firearms, Search
J. Smith finds that the trial court properly ruled to terminate the parental rights of a mother and two fathers over their children. The mother shares one of her children with one of the fathers while the remaining children belong to the other father. The evidence reflects the parents' use of drugs in front of their children and their lack of understanding of the medical needs of their children. Affirmed
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 03-23-00510-CV, Categories: Family Law
J. Smith finds that although the majority of the prosecution's case rested on circumstantial evidence, there was more than enough to convict defendant of murder, including his DNA found on a hat near the victim, as well as a witness who testified defendant came to his home the day of the murder with blood on his clothing asking to wash his hands. Meanwhile, the failure by defendant's attorney to object to various witness statements that lent credibility to the prosecution's case did not rise to the level of ineffective assistance and was part of a sound trial strategy to avoid drawing attention to such evidence. Furthermore, his mention of possible drug use by defendant during closing arguments was also acceptable, as that information had already been brought up during trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 2024-Ohio-549, Categories: Evidence, Ineffective Assistance, Murder
J. Smith finds a lower court properly denied an applicant's claim for disability insurance benefits. The applicant argued that he is entitled to relief based on his deep vein thrombosis in his hip and lumber spine issues. However, the social security administration presented sufficient evidence in court that he could take a role as a document preparer and surveillance system monitor, based on a physicians report that he has "full range of neck motion." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 13, 2024, Case #: 22-3126, Categories: Employment, Insurance
J. Fitzgerald Smith finds that the lower court properly entered judgment in favor of the family in a wrongful death suit, awarding them $42.5 million against the hospital after it failed to prevent a patient's baclofen withdrawal, despite being well-informed of his need for the drug ahead of his surgery. The jury reasonably found that a complete breakdown of communication between hospital departments led to to his organ failure from not receiving the drug he needed for his muscle spasms. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: February 13, 2024, Case #: 230355, Categories: Damages, Wrongful Death
J. Smith finds that the district court properly granted a company���s motion to compel arbitration and dismissed without prejudice consumers' six putative class actions arising from a data breach of the company���s websites. The class members had sufficient notice of the underlying arbitration provision. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 12, 2024, Case #: 22-56078, Categories: Arbitration, Privacy, Class Action
[Consolidated.] J. Smith finds a lower court improperly imposed attorney fees against a trustee. An international jet company argued that a jet group was obligated to pay its attorney's fees after breaching a loan agreement for the purchase of an aircraft. However, the trustee sufficiently showed in court that he was not a party to the term loan agreement. Vacated in part.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 21-1795, Categories: Attorney Fees, Contract
J. Smith finds a lower court properly denied qualified immunity to a group of public officials concerning murder charges against a civilian who was later proven innocent. The public officials argued that they did not intentionally include false statements in a affidavit before arresting the civilian. However, the civilian presented sufficient evidence in court that the officials, who may have fabricated evidence, failed to interview a known sex offender who lived in close proximity to where the murder occurred.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 22-2860, Categories: Civil Rights, Evidence, Immunity
J. Stuart- Smith finds a lower court properly ordered the destruction of an aggressive pit bull terrier named "Lightning." The dog owner argued that the court applied a higher standard on the animal based on its breed. However, the Chief Constable of Police presented sufficient evidence in court that the dog was dangerous and unmuzzled, and escaped its owner and bit a civilian in the neck and leg, forcing him to pepper spray the animal. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: February 6, 2024, Case #: CA-2023-1090, Categories: Evidence, Negligence
J. Smith finds that the district court properly confirmed an arbitral award in favor of a company in a dispute concerning the parties��� respective rights under a distribution and license agreement (DLA). The district court had jurisdiction to hear the motion to confirm the arbitral award but not for the reasons it held previously. The lower court ruled that it had diversity jurisdiction, but the Federal Arbitration Act gave the district court an independent basis for exercising jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 5, 2024, Case #: 23-55123, Categories: Arbitration, Contract
J. Smith finds that the district court improperly issued an order preliminarily enjoining enforcement of a Seattle ordinance that criminalizes the intentional writing, painting or drawing on property without the express permission of the property���s owner or operator. Individuals claim that the Seattle ordinance was "substantially overbroad under the First Amendment and facially vague under the Fourteenth Amendment." The lower court was incorrect in determining that the ordinance was "facially overbroad," and that the district court never acknowledged the ordinance���s numerous applications that would not implicate protected speech. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: February 2, 2024, Case #: 23-35449, Categories: Constitution, Municipal Law
J. Smith finds that the lower court properly increased the father's child support obligation in this suit to modify the parent-child relationship. The evidence sufficiently supported the increase "from $7,250 per month to $12,000 per month," and the lower court did not order the father to pay the full amount requested by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 2, 2024, Case #: 05-22-00333-CV, Categories: Evidence, Family Law
J. Smith finds that defendant was properly convicted of murder and given a 60-year sentence. The recording of the jail telephone call was properly admitted since it showed defendant's knowledge of the murder and rebutted his claim that someone else killed the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 1, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder
J. Smith finds that the lower court properly granted summary judgment to the automotive company in this case involving repair services provided on two vehicles. The car owners asserted claims under the Texas Deceptive Trade Practices Act. However, the matter required expert evidence, and there was no evidence showing the company "knowingly or intentionally" committed a violation. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: January 31, 2024, Case #: 05-22-00751-CV, Categories: Fraud, Trade, Consumer Law
J. Grasz finds a lower court properly dismissed a department of corrections hobby craft specialist's race and sex discrimination claims. The former employee argued that the department of corrections terminated her role because she is Black and female. However, the department of corrections sufficiently showed in court that she was let go for unsatisfactory performance, theft of property, and mishandling funds for personal use. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: January 26, 2024, Case #: 23-1413, Categories: Civil Rights, Employment, Employment Discrimination
J. Smith finds that the trial court properly ruled against an investment firm in a breach of fiduciary duty case it brought against a sign company. The investment firm had a stake in the company before it dissolved and reformed without the firm's further involvement. The sign company did not owe a fiduciary duty to the investment firm. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: January 26, 2024, Case #: 03-22-00014-CV, Categories: Corporations, Fiduciary Duty