99 results for 'judge:"Williams"'.
J. Williams finds that the lower court properly terminated the parental rights of the presumed father to the child. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. The father failed to fully comply with the family service plan, specifically as to his monthly drug tests, and he failed to appear at the termination hearing. The permanency case manager also testified that she had trouble making contact with the father and that the foster family was meeting the child's needs. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: September 29, 2023, Case #: 11-23-00101-CV, Categories: Evidence, Family Law
J. Williams finds that the lower court properly terminated the mother's parental rights to the child. The evidence sufficiently supports the endangerment finding, as well as the best interest finding. The mother tested positive for drugs, and the child was found "unattended at an outdoor bus station." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: September 21, 2023, Case #: 11-23-00056-CV, Categories: Evidence, Family Law
J. Williams grants a school district partial dismissal of claims brought after plaintiff was prohibited from appearing upon district premises due to his frequent protests of Covid-19 policies during school board meetings because plaintiff exhibited threatening behavior by attempting to force a vote on the masking policy and stating, "If you don’t, we’re comin'," before chanting "take a vote" with other attendees.
Court: USDC Northern District of Iowa, Judge: Williams, Filed On: September 21, 2023, Case #: 1:23cv33, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Property
J. Williams grants, in part, the former partner's motion to dismiss fiduciary duty and theft claims, ruling that because his expulsion from the firm may have been improper under for lack of concrete evidence he violated criminal statutes, the accounting firm named as plaintiff is not a legitimate legal entity and must be dismissed from the suit. However, because the other partners in the firm are trustees of the retirement plan at issue in the case, they have standing.
Court: USDC Connecticut, Judge: Williams, Filed On: September 20, 2023, Case #: 3:22cv1269, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Fiduciary Duty
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J. Williams denies, in part, the employer's motion for summary judgment, ruling that although the terms of the executive's bonus were not included in the offer sheet, a reasonable jury could infer the terms were part of the employment agreement based on deposition testimony the bonus was removed to avoid angering other high-level employees. Additionally, this evidence is sufficient to support the executive's fraud claim at this stage of proceedings because he was guaranteed a bonus based on the performance of the company as a whole.
Court: USDC Connecticut, Judge: Williams, Filed On: September 8, 2023, Case #: 3:19cv1910, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
[Modified.] J. Williams modifies one sentence with no change in judgment. The trial court should have rejected a challenge to a city's approval of a plan for the development of new schools. The city followed Environmental Quality Act requirements, its environmental impact report contained adequate analysis and it properly imposed developer impact fees to provide mitigation of off-site environmental impacts. Reversed.
Court: California Courts Of Appeal, Judge: Williams, Filed On: September 7, 2023, Case #: H049854, Categories: Education, Environment
J. Williams grants the employee's motion to remand his case against the employer to the Superior Court of New Jersey in Burlington County. The employer has failed to demonstrate that the employee had no reasonable basis to bring a claim against a workers' compensation physician alleging that he conspired with the employer to obstruct his workers' compensation claim, and so the physician was not fraudulently joined to this case. This court therefore does not have subject matter jurisdiction over this action, since the physician is, like the employee, a citizen of New Jersey.
Court: USDC New Jersey, Judge: Williams, Filed On: August 31, 2023, Case #: 1:22cv7340, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, Workers' Compensation
J. Williams declines to enter judgment on the pleadings in a dispute over a failed collaboration to develop a drug to treat excessive daytime sleepiness and cataplexy because well-pleaded contract claims demonstrate the existence of confidential disclosure agreements for three different years, and plaintiffs sufficiently pleaded trade secret and correction-of-inventorship claims.
Court: USDC Delaware, Judge: Williams, Filed On: August 30, 2023, Case #: 1:22cv487, NOS: Patent - Property Rights, Categories: Patent
J. Williams finds that the lower court properly dismissed the inmate's civil rights lawsuit against the individual employees of the Texas Department of Criminal Justice. There was no error in dismissing the case pursuant to Chapter 14. However, the order is modified to show that the dismissal is "without prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: August 10, 2023, Case #: 11-22-00044-CV, Categories: Civil Procedure, Civil Rights
J. Williams holds that the trial court should have rejected a challenge to a city's approval of a plan for the development of new schools. The city followed Environmental Quality Act requirements, its environmental impact report contained adequate analysis and it properly imposed developer impact fees to provide mitigation of off-site environmental impacts. Reversed.
Court: California Courts Of Appeal, Judge: Williams, Filed On: August 10, 2023, Case #: H049854, Categories: Education, Environment
J. Williams grants the employer's motion to dismiss, ruling that the injured driver's failure to comply with court orders to complete interrogatories and other discovery, coupled with a two-year delay in the production of discovery documents, has prejudiced the employer and requires sanctions in the form of dismissal.
Court: USDC Connecticut, Judge: Williams, Filed On: August 2, 2023, Case #: 3:20cv785, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Williams finds that the lower court properly granted summary judgment in favor of the dental defendants in this lawsuit brought by a patient alleging negligence, fraud and medical malpractice based on certain dental work performed. The limitations period expired before the patient filed her original petition. Also, she cannot recast her health care liability claim "as another cause of action to avoid the requirements." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 27, 2023, Case #: 11-22-00002-CV, Categories: Civil Procedure, Negligence, Medical Malpractice
[Consolidated.] J. Williams finds that the lower court properly denied the appellants' special appearance in this suit for personal injuries allegedly caused by a lithium-ion battery that exploded in the customer's purse. The pleadings sufficiently allege that one of the companies manufactures the batteries and that both companies distribute them "throughout the United States, including Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 13, 2023, Case #: 11-21-00294-CV, Categories: Product Liability, Jurisdiction
J. Williams grants, in part, the retirement plan administrator's motion to dismiss, ruling that while there were better performing investment funds than those offered to participants, the offered funds' performance was not so bad the administrator violated its fiduciary duty when it kept lower performance fund options. Meanwhile, because the participants cited no specific data for the availability of cheaper recordkeeping services, their claim for excessive fees must also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: June 13, 2023, Case #: 3:21cv1658, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty