120 results for 'judge:"Baker "'.
J. Baker finds that the trial court properly ruled in its final divorce decree dissolving the marriage of a husband and wife. The trial court did not abuse its discretion by awarding the wife a disproportionate share of the marital estate since she is the primary caretaker of their children. However, the trial court failed to retain jurisdiction in the case when it awarded attorney fees to the wife, therefore making the award improper. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 25, 2023, Case #: 03-22-00178-CV, Categories: Family Law, Attorney Fees
J. Baker finds that the trial court properly ruled in favor of a subcontractor in a suit it filed against the construction firm attempting to enforce a settlement from a prior suit. After the trial court ruled in favor of the subcontractor, the firm appealed, arguing that the issue before the court had already been adjudicated and could not be addressed again. The firm failed to provide evidence to support its defense. Without such evidence, its issue on appeal is overruled. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 25, 2023, Case #: 03-22-00173-CV, Categories: Construction, Evidence, Settlements
J. Baker finds that the trial court improperly ruled to terminate a mother���s parental rights to her child. The Texas Department of Family and Protective Services failed to show that the termination of the mother���s rights was in the child's best interests. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 24, 2023, Case #: 03-22-00700-CV, Categories: Family Law
J. Baker finds that the trial court improperly ruled in a negligence case filed by the owner of a real estate firm against her former counsel, alleging that they failed to properly communicate with her and protect her interests. The lawyers answered her suit with a motion to dismiss under an anti-SLAPP statute, which the trial court granted. Specific actions made by her lawyers do not qualify for protection under the anti-SLAPP statute, so the trial court���s dismissal was an error. However, the trial court was correct in denying the award of attorney fees to the owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 24, 2023, Case #: 03-22-00254-CV, Categories: Anti-slapp, Real Estate, Negligence
J. Baker partially grants the attorney's motion to dismiss the debtor's action alleging that the attorney's efforts to collect a purported debt for military memorabilia violated the Fair Debt Collection Practices Act and Georgia Fair Business Practices Act. The motion is granted as to the debtor's unfair business practices claim and unfair debt collection claim based on the attorney's sending of a collection letter. The claim arising from the collection letter is untimely. However, the motion is denied with respect to the debtor's unfair debt collection claim to the extent that it is based on the filing of the underlying collection action because that claim is timely.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 24, 2023, Case #: 4:22cv236, NOS: Other Statutory Actions - Other Suits, Categories: Debt Collection, Business Practices
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J. Baker holds that the trial court should have allowed jurors to consider potential racial motivations in deciding punitive damages imposed on a white defendant found liable for assault and battery on his Native American neighbor. The probative value of any racial motivations outweighed the danger of prejudice, and a jury is entitled to be aware of all the circumstances behind an intentional tort when awarding damages, particularly since it had already determined that defendant acted with malice. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: August 22, 2023, Case #: DA 22-0701, Categories: Native Americans, Damages, Assault
J. Baker finds that the trial court properly ruled against an organization challenging the Austin Independent School District's face-covering mandate and quarantine policy that was implemented during the Covid-19 pandemic. The policy implemented by the school district is not a statute, ordinance or contract; therefore, the district's governmental immunity is not waived by the organization's challenge. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 10, 2023, Case #: 03-21-00681-CV, Categories: Government, Immunity, Covid-19
J. Baker denies the veterans' motion for default judgment and dismisses a RICO, negligence, fraud and emotional distress action alleging that the doctor and pharmaceutical company conspired to prevent veterans suffering "blast-induced traumatic brain injury" from accessing hyperbaric oxygen treatment. The veterans' RICO claims are time-barred and they fail to allege the existence of an enterprise between the doctor and the company. The veterans also failed to plausibly allege that any conduct by the company caused their purported injury.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 1, 2023, Case #: 4:19cv189, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Veterans, Racketeering
J. Baker finds that the trial court properly dismissed defendant's speedy trial motion and convicted him for drug distribution. The state failed to show a valid reason for the more than three-year delay and he did not waive his right to a speedy trial, but he was not prejudiced since his pretrial incarceration was not oppressive and he failed to show that pending charges in Montana increased the anxiety he felt while jailed in Idaho. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 25, 2023, Case #: DA 21-0624, Categories: Drug Offender, Speedy Trial
J. Baker partially grants the city officials' and police officer's motion to dismiss a civil rights, malicious prosecution and false arrest action brought by the individual. The action arose from the individual's DUI and vehicular homicide arrest after he had a seizure while driving. The charges against the individual, which he alleges were based on a fabricated theory that he was driving under the influence of fentanyl, were eventually dismissed due to insufficient evidence. The individual's arrest occurred pursuant to a warrant, therefore false arrest is not a valid claim. However, the individual faced a continuous prosecution sufficient to support a malicious prosecution claim. The officer is not entitled to absolute or qualified immunity. The individual plausibly alleged that the officer violated established law by misrepresenting that the individual's medical records showed he had not been administered fentanyl, resulting in the individual's DUI indictment.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: July 21, 2023, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Baker finds that the trial court should not have ordered a new trial in a traffic collision case that ended with a $168,000 damages award to the injured party. Guidance by the injured party's attorney that the jury should disregard the other party's ability to pay did not create sufficient prejudice for a mistrial since there was no mention of insurance, which the trial court had ruled was off limits. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0554, Categories: Negligence
J. Baker holds that the district court properly refused to grant an insurer a writ of prohibition to halt proceedings by the insurance commissioner. The insurance commissioner had quasi-judicial authority and jurisdiction under law to investigate a dispute between insurers and to demand policy data in a usable form. Federal litigation over contract claims between the insurers did not preclude the commissioner's administrative proceedings. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 18, 2023, Case #: DA 22-0531, Categories: Administrative Law, Discovery, Workers' Compensation
J. Baker finds that the trial court properly ruled in favor of the Texas Attorney General in a public information case concerning the cell phone records belonging to members of a school district���s board of trustees. Official school district business conducted over cell phone communication is subject to the Texas Public Information act and must be released. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: July 13, 2023, Case #: 03-22-00052-CV, Categories: Communications, Government, Public Record
J. Baker finds that the trial court improperly ruled against a wife, denying her motion for a jury trial in a divorce case. The wife filed a timely request for a jury trial. Despite the husband's objections, he failed to adequately show that he would be injured by the case going to trial. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: July 13, 2023, Case #: 03-21-00618-CV, Categories: Family Law, Jury
J. Baker finds that the trial court properly ruled in favor of the Texas Medical Board, affirming its decision to issue sanctions against a doctor for violating a law related to providing medical records to a patient. There is documentary evidence supporting the allegation that the doctor withheld records from the patient. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Baker, Filed On: June 28, 2023, Case #: 03-21-00593-CV, Categories: Health Care, Licensing, Sanctions
J. Baker finds the trial court improperly ruled in favor of the executor of a will in a probate case arising out of the widow's opposition to the admittance of the will. After the trial court dismissed the widow's motion to admit a separate will, she appealed, arguing that she created a material fact issue based on the evidence she presented. The executor failed to argue against the evidence presented by the widow, therefore establishing a fact issue. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 23, 2023, Case #: 03-22-00012-CV, Categories: Wills / Probate
J. Baker finds the Department of Motor Vehicles properly ruled to revoke a vehicle-dealer license to the owners of a car dealership. The owners assert that the DMV failed to provide proper due process to negotiate lesser sanctions against them. However, the owners were provided due process and the ability to schedule a rehearing of their case with the DMV. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 22, 2023, Case #: 03-22-00084-CV, Categories: Government, Licensing, Vehicle
J. Baker finds the trial court properly ruled to terminate a mother���s parental rights to her child. On appeal, the mother asserts that her court-appointed attorney provided ineffective counsel. However, the mother���s counsel acted in accordance with their legal responsibilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 21, 2023, Case #: 03-23-00140-CV, Categories: Family Law
J. Baker finds that the $600 fine the trial court imposed on defendant for a DUI conviction was authorized by statute. However, it also had the discretion to allow him to satisfy the mandatory fine some other way than spending his entire $600 Covid-19 stimulus funds. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 20, 2023, Case #: DA 21-0406, Categories: Sentencing, Dui
J. Baker, on review, finds the court of appeals improperly affirmed the trial court���s granting of the estate administrator���s motion to dismiss this suit arising from an auto accident between the plaintiff and the deceased, alleging negligence of the deceased. It is unclear that the complaint was time-barred pursuant to the general three-year statute of limitations rather than that set forth in the statute of nonclaim since the complaint had been filed against the estate of the deceased rather than an individual. Reversed and remanded. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 15, 2023, Case #: CV-21-521, Categories: Vehicle, Wills / Probate, Negligence
J. Baker finds that the district court employed its "conscientious judgment" in determining that defendant had regained competence and that criminal proceedings against him for hijacking a bus could resume. He was only required to appreciate the criminality of his actions in order to be sentenced, not to show he was fit to stand trial. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 13, 2023, Case #: DA 21-0196, Categories: Competence, Assault, Speedy Trial
J. Baker grants the U.S. Secretary of Defense's motion to dismiss the employee's race discrimination action. The employee, a white woman, alleged that she was harassed by a Black co-worker and was wrongfully disciplined for allegedly calling the co-worker a racial slur. The action is an impermissible shotgun pleading which fails to separate each cause of action or claim into a different count. The employee is ordered to file a third amended complaint within 14 days of the instant order.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv333, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Baker partially grants the gun seller's motion for partial summary judgment in a fraud and breach of contract action against the manufacturer arising after a deal to design and build a new gun for the seller fell through. The seller's motion for sanctions based on the manufacturer's concealment of evidence related to its knowledge of its inability to design and manufacture units is also partially granted. There is evidence showing the manufacturer misrepresented that it had not received prior complaints about its parts. The manufacturer is therefore barred from introducing additional evidence about the complaints or a related lawsuit and must pay costs incurred by the seller in preparing the sanctions motion.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: Fraud, Sanctions, Contract
J. Baker finds the circuit court properly dismissed the legal malpractice complaint brought by a truck driver against the attorneys who failed to accomplish service, resulting in the dismissal of her personal injury suit arising from a rollover accident cause by an allegedly improperly loaded trailer. The statute of limitations expired, and the driver says the attorneys continued her litigation despite knowing it was useless. The driver failed to allege fraudulent concealment and the court of appeals affirmed the circuit court���s dismissal. Without fraudulent concealment the malpractice complaint was untimely. Affirmed. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 8, 2023, Case #: CV-21-417, Categories: Fraud, Legal Malpractice
J. Baker denies the board���s motion for summary judgment in a civil rights and retaliation action brought by the police captain alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The captain sufficiently shows that he was engaged in protected activity when he actively opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv148, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Baker denies the board's motion for summary judgment in a civil rights and retaliation action brought by the police lieutenant alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The lieutenant sufficiently shows that he was engaged in protected activity when he opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv147, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Baker finds that the trial court properly denied a driver's petition to have his license reinstated. His request for an attorney when asked for breath and blood tests during a DUI investigation were refusals under the implied consent law. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 16, 2023, Case #: DA 22-0604, Categories: Licensing
J. Baker finds that the trial court improperly invalidated a law that gives an electric utility preapproval to acquire electricity and pass the costs on to consumers. The consumers who challenged the preapproval law lacked standing to assert the rights of non-party utilities. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 16, 2023, Case #: DA 22-0319, Categories: Energy, Consumer Law