156 results for 'judge:"Moore"'.
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: Family Law, Trusts, Contract
[Consolidated.] J. Moore finds the county court sitting as juvenile court properly terminated the mother’s parental rights. The children were removed by law enforcement following a report of domestic violence and have remained in out of home placement for two years since. Though the mother has faced challenges, including relational problems with her first caseworker and having to travel significant distances for parenting time, there has still been little change in her behavior. Her ambivalence regarding her continued drug use or need to participate in residential treatment suggests that she is unlikely to change in the future. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: August 15, 2023, Case #: A-22-948, Categories: Family Law, Guardianship
J. Moore finds the trial court properly convicted defendant by a plea of no-contest for two counts of sexual assault, three counts of visual depiction of sexually explicit conduct and four counts of intentional child abuse. Claims of ineffective assistance are either without merit or insufficiently pled and the sentences imposed were not an abuse of discretion. Defendant's age, mentality, education, social and cultural background, past criminal record, motivations and the force involved in committing the offenses have all been thoroughly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-23-052, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Moore finds the trial court properly calculated the amount of taxes withheld by defendant for sentencing purposes. Although a withholding of more than $75,000 was attributed to the wrong corporation, the mistake was immaterial based on the fact it was relevant conduct under sentencing guidelines. The withholding was fraudulent and violated tax laws, regardless of which corporation was listed on the tax return form, and, therefore, the trial court used the proper base sentencing level. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 15, 2023, Case #: 22-1969, Categories: Sentencing, Tax
J. Moore finds the lower court properly granted qualified immunity to Kentucky Governor Andy Beshear's on several religious parties' constitutional challenge to an executive order that banned in-person learning due to Covid-19 in the winter of 2020. There was no clearly established precedent at the time he issued an executive order to suspend in-school instruction that would have led him to believe such an order violated religious organizations' Free Exercise rights. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 14, 2023, Case #: 21-6028, Categories: Constitution, Immunity, Covid-19
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J. Moore adopts the magistrate judge's recommendation and partially grants Georgia Power's motion to dismiss an action brought by an individual arising from interruptions to her electrical service. The individual failed to sufficiently allege that the disputed account with Georgia Power was an open-ended consumer credit plan subject to the Fair Credit Billing Act.
Court: USDC Southern District of Georgia, Judge: Moore, Filed On: August 10, 2023, Case #: 4:23cv34, NOS: Other Contract - Contract, Categories: Contract
J. Moore finds the trial court erroneously required defendant to admit guilt as proof of his rehabilitation at a resentencing hearing for robbery convictions. Its refusal to consider him remorseful without such an admission violated his Fifth Amendment right against self-incrimination and also constituted the court's consideration of an impermissible factor during sentence calculations. The court explicitly stated defendant would receive a higher sentence if he refused to admit to the crimes of which he was convicted and, at the same time, discounted evidence of his rehabilitation, which includes a stellar disciplinary and work record during his incarceration; therefore, defendant's sentence will be vacated and the case will be remanded. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: August 10, 2023, Case #: 22-5462, Categories: Robbery, Sentencing, Self Incrimination
J. Moore found that the trial court properly dismissed Consumer Legal Remedies Act and unfair competition claims by an uninsured hospital patient who paid more than $10,000 for emergency services. Adding to a claim that he had been overcharged, which survived a previous appeal, he based his new claims on the allegation that the hospital failed to adequately disclose its fees. But the hospital's chargemaster listed the applicable fees as required for emergency treatment under the Payers' Bill of Rights. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: August 7, 2023, Case #: G060920, Categories: Health Care, Class Action
J. Moore finds that the lower court improperly dismissed the children's' citation to recover assets against their father's widow. The children adequately allege their father's widow converted his assets into her own while he was still alive, but while he was totally dependent on her, reducing the estate from $3 million to only $200,000. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: August 1, 2023, Case #: 220630, Categories: Wills / Probate
J. Moore finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that the department failed to use "reasonable efforts to rehabilitate her and to reunite her with the child." However, her rights to another child had previously been "involuntarily terminated," meaning the department did not have a duty "to use reasonable efforts to assist the mother." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2022-1161, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court properly ruled against the former husband in this dispute over the marital residence. On appeal, the husband argues that the lower court erred by modifying the divorce judgment with regard to the marital residence. However, the lower court had jurisdiction to accept the parties' settlement. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2023-0085, Categories: Family Law, Real Estate, Jurisdiction
J. Moore finds that the trial court properly refused to suppress GPS evidence of defendant's whereabouts that police derived from a tracker placed on his vehicle during a traffic stop. The placement of a tracker was a warrantless search that was lawful because defendant was on parole. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: July 19, 2023, Case #: G060536, Categories: Burglary, Parole, Search
J. Moore finds that an injured worker showed sufficient causation in a products liability case to overcome a directed verdict in favor of a manufacturer. A jury could have concluded that a design using a chain to guard the entrance to a scissor lift was a substantial factor in the worker's fall and injuries. Reversed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: July 19, 2023, Case #: G060892, Categories: Product Liability
J. Moore finds that the trial court improperly granted Disney summary judgment on employee claims that they were not being paid the minimum wage required by Anaheim's Living Wage Ordinance. A reimbursement agreement between Disney and the city qualifies as a city subsidy under the ordinance, and obligates Disney to pay the employees the minimum wage. Reversed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: July 13, 2023, Case #: G061004, Categories: Employment, Municipal Law
[Consolidated.] J. Moore finds that the lower court properly terminated the parental rights of the mother and the father to the child. The mother had a history of substance abuse and mental-health issues, while the father was imprisoned in a federal penitentiary and later resided in a halfway house "that did not allow children." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 7, 2023, Case #: CL-2022-1116, Categories: Evidence, Family Law
J. Moore finds that the arbitrator improperly upheld a correction officer's dismissal based on her personal relationship with a former inmate because the arbitrator failed to analyze relevant facts and relied on the warden's analysis. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: July 6, 2023, Case #: 22-1575, Categories: Employment
J. Moore finds the county court, sitting as juvenile court, properly terminated a mother's parental rights. A family friend contacted human services with concerns about the children's well-being. Human services filed a petition alleging the mother's drug use, erratic behavior, mental health issues, lack of stable housing and a history of leaving the children with others for extended periods. The mother failed to complete the court-ordered psychological evaluation and was becoming verbally and physically violent during visitation. All evidence supports termination. Although grounds existed to terminate the father's parental rights, the Nebraska Court of Appeals finds that the guardian has not met its burden to prove that he is unfit, has forfeited his rights or that termination is in the child's best interests. Affirmed in part. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: July 3, 2023, Case #: A-22-893, Categories: Family Law, Guardianship
J. Moore partially grants the police officer's motion for sanctions in a civil rights action brought by an individual arising after the officer allegedly conducted an unreasonable search by performing a strip and body cavity search on her in a gas station parking lot. The officer allegedly exposed the individual's breasts, buttocks and genitals to onlookers during the search and put her fingers in the individual's vagina. The individual's attorney twice approached an Atlanta news outlet to produce a segment on the individual's claims and appeared in coverage related to the incident while the case was pending. The attorney presented the allegations in the case as fact. The attorney was aware of the widespread media and public interest in policing and solicited the interview to influence perception of the merits of the case. The attorney is fined $500.
Court: USDC Southern District of Georgia, Judge: Moore, Filed On: June 29, 2023, Case #: 4:22cv123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Police Misconduct
J. Moore affirms the district court's dismissal of civil-rights claims brought by the offender, convicted of second-degree assault arising out of a set of circumstances that also gave rise to a kidnapping charge that was dismissed as part of a plea agreement. The Bureau of Criminal Apprehension's determination that the offender must register as a predatory offender did not constitute a continuing violation of civil rights, so the district court's dismissal of the claims on the grounds that they were time-barred was not erroneous. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 28, 2023, Case #: A21-1378, Categories: Civil Rights, Due Process
J. Moore temporarily suspends attorney Fong Lee from the practice of law while disciplinary proceedings are pending, in keeping with a rule providing that attorneys be suspended while awaiting the conclusion of disciplinary proceedings when a referee has recommended disbarment.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 27, 2023, Case #: A23-0008, Categories: Attorney Discipline
J. Moore finds that the lower court improperly entered judgment in favor of the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures related to "complaints of unlawful discrimination." The lower court erred by failing to grant the landowners' summary judgment motion. The landowners demonstrated standing, and ADEM improperly adopted the grievance procedures "by an informal memorandum." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: 2200821, Categories: Administrative Law, Civil Procedure, Environment
J. Moore partially grants the father's petition for a writ of mandamus, in which he challenges an order in the underlying custody dispute denying his motion to dismiss. The lower court is directed to reconsider the dismissal motion and to apply the Uniform Child Custody Jurisdiction and Enforcement Act in determining jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: June 23, 2023, Case #: CL-2023-0309, Categories: Family Law, Jurisdiction
J. Moore reverses the Court of Appeals' dismissal of the environmental groups' challenge to the mining project's air emissions permit, finding that service upon the mining company before a 30-day deadline was sufficient under the Minnesota Administrative Procedures Act, and service to the company's counsel before that deadline was not necessary. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 21, 2023, Case #: A22-0068, Categories: Civil Procedure, Environment
J. Moore finds the trial court properly awarded the marital home to the ex-wife in this marriage dissolution. Because the home was gifted to the wife by her mother, the husband never had a marital interest which needed to be extinguished. Also, the timing of the husband’s home improvement projects with market trends shows that the increase in the home’s value is attributable to passive appreciation and not to repairs done by the husband. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: June 6, 2023, Case #: A-22-598, Categories: Family Law, Property
J. Moore finds that the patent trial and appeal board properly ruled in this dispute over a heart catheter guide because the competitor failed to demonstrate catheter guides are unpatentable. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: June 5, 2023, Case #: 2021-2359, Categories: Patent