267 results for 'judge:"Smith "'.
J. Smith finds the trial court properly in part ruled in a suit brought by an applicant to the Texas Bar against the Texas Board of Law Examiners over his application denial. After the trial court ruled that it lacked jurisdiction in the matter, the applicant appealed, arguing that the court had jurisdiction over the case since his claims implicate possible violations of his constitutional and due process rights. However, the applicant fails to identify a violation of his right to due process interest. With respect to other claims made by the applicant, they will be remanded to allow him to replead such arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 30, 2023, Case #: 03-21-00602-CV, Categories: Licensing, Due Process, Jurisdiction
J. Smith finds the trial court properly declined the hospital���s motion to dismiss a negligence suit brought by a mother whose newborn baby died while receiving care in the pediatric intensive care unit. The hospital asserts that it is entitled to governmental immunity because the mother failed to give timely notice of her intent to file suit as required under the Texas Tort Claims Act. The mother successfully alleges that the hospital had some awareness of her intent to file suit, thus making the denial of its motion correct. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 30, 2023, Case #: 03-21-00575-CV, Categories: Government, Immunity, Negligence
J. Smith grants the Environmental Protection Agency's motion to transfer venue to the District of Columbia in this matter procedurally coordinated with a related case. The refinery challenges the agency's action that created an alternative compliance approach for small refineries with outstanding Renewable Fuel Standard program obligations that does not require the refinery to retire renewable identification numbers to meet their compliance obligations. The District of Columbia is the appropriate venue to resolve the claim the EPA should have provided additional relief in the form of replacement numbers.
Court: 5th Circuit, Judge: Smith , Filed On: November 22, 2023, Case #: 22-60357, Categories: Environment, Agency, Venue
[Consolidated] J. Smith finds the Environmental Protection Agency improperly denied the small refineries' requested exemptions from obligations under the Clean Air Act. The agency used a novel interpretation and economic theory published in 2021 that was impermissibly retroactive and contrary to law. Vacated.
Court: 5th Circuit, Judge: Smith , Filed On: November 22, 2023, Case #: 22-60266, Categories: Environment, Due Process, Agency
J. Smith denies the Army Corps of Engineers' motion to dismiss this suit challenging its termination of the contract for default. The contractor seeks no monetary damages, claiming the contract was wrongly terminated for default and not convenience. This is a "garden-variety default termination challenge," and the corps should be ready to move forward and justify its termination decision.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: November 22, 2023, Case #: 63630, Categories: Government, Due Process, Contract
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J. Smith finds that the district court properly held that a water and sewer district could not be liable on a direct-discharge theory because an underdrain pipe below the district���s holding ponds did not transfer pollutants between meaningfully distinct water bodies. However, the district court improperly dismissed a claim brought by an environmental law center for lack of subject matter jurisdiction. The action was filed by the center, claiming an alleged discharge of treated wastewater into the West Fork of the Gallatin River without a National Pollution Discharge Elimination System permit. Affirmed in part.
Court: 9th Circuit, Judge: Smith , Filed On: November 21, 2023, Case #: 22-36015, Categories: Environment, Water
J. Smith finds that the district court improperly entered summary judgment, holding that an action under the Fair Debt Collection Practices Act was barred. A number of tenants filed suit against a law firm alleging that the firm violated the Act by filing a memorandum of costs in state court proceedings concerning an unlawful-detainer judgment. The precedent for barring the action did not apply because the tenants��� action did not challenge a memorandum of costs on which the state court had already rendered judgment, but rather a later memorandum. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: November 21, 2023, Case #: 22-55700, Categories: Debt Collection
J. Stuart- Smith finds a lower court improperly ruled in favor of the home department on a citizen of India's motion to remain in the U.K. The home department argued that the citizen of India, who entered the U.K. and obtained a Working Holiday Maker Visa, engaged in deception when she submitted a fraudulent English language testing certificate to the government. However, she presented sufficient evidence in court that her actions of deception may be irrelevant after she obtained a certificate of bachelor of science, which was taught in the English language. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: November 20, 2023, Case #: 23cv1353, Categories: Education, Immigration
J. Smith finds that the district court properly entered summary judgment in favor of the Idaho Conservation League in the League���s action against an individual who engaged in instream suction dredge mining without a National Pollutant Discharge Eliminating System (NPDES) permit. The processed material discharged from the suction dredge mining in question was a pollutant, not dredged or fill material, and therefore required an NPDES permit. Affirmed.
Court: 9th Circuit, Judge: Smith , Filed On: November 20, 2023, Case #: 22-35978, Categories: Environment
J. Smith grants an assistant principal and athletic director���s individual motions to dismiss in this due process and equal protection rights lawsuit after a girl was attacked by another student on the school bus. Her parent alleges the child was grabbed and pushed back into a seat, forcing her head into the seat and punched in the face by the assistant principal after child bit him on the arm; the parent also asserts both the assistant principal and athletic director deprived her minor of her rights. The assistant principal says he was protecting himself when bitten by the girl, so the court dismisses the excessive corporal punishment claim. The parent failed to state a procedural due process rights violation claim.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: November 15, 2023, Case #: 5:23cv360, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Smith finds that the trial court improperly committed defendant to the care of the department of children and families after determining he was incompetent to proceed on criminal charges because evidence did not indicate defendant would respond to treatment or regain competency in the foreseeable future. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: November 15, 2023, Case #: 2D23-873, Categories: Competence, Battery, Commitment
J. Smith finds the trial court properly entered summary judgment for the holdings company, which acquired title to land containing a sand and gravel mine previously transferred to the materials company by the original leaseholder of the mine. Undisputed facts based on a history of email evidence show the materials company failed to pay royalties, received adequate notice and failed to cure within 10 days of notice. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: November 15, 2023, Case #: 23-20023, Categories: Property, Business Expectancy, Contract
J. Smith grants Tesla's petition for review, finding the National Labor Relations Board improperly found that Tesla employees had the right to wear union t-shirts rather than their uniforms while at work. The uniforms have a practical purpose in that they aid in minimizing damage to vehicles, and the National Labor Relations Act does not give the board authority to make all uniforms presumptively unlawful in favor of the employees' rights to display union affiliation. Vacated.
Court: 5th Circuit, Judge: Smith , Filed On: November 14, 2023, Case #: 22-60493, Categories: Civil Rights, Labor / Unions
J. Smith finds the lower court properly granted summary judgment to an estate in this negligence matter. A grandson sued his grandfather for injuries he sustained after allegedly being hit by a golf cart at a family gathering on his grandfather���s property. The lower court granted summary judgment to the estate, as the grandfather had passed away before the matter concluded, finding that the grandson failed to provide specific proof of negligence by the grandfather. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CA-00597-COA, Categories: Evidence, Negligence
J. Smith finds that the lower court properly terminated the mother's parental rights to her four children. On appeal, she argues that the lower court abused its discretion by denying her motion for a continuance, which indicated that co-counsel needed more time to prepare for the case. However, co-counsel did not explain "what additional preparation might have been made had a continuance been granted." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 05-23-00847-CV, Categories: Civil Procedure, Family Law
J. Smith finds the lower court properly denied defendant���s motion for post-conviction relief. Defendant pleaded guilty to two counts of first-degree murder and was sentenced to two consecutive terms of life imprisonment in the custody of the Mississippi Department of Corrections. Though defendant argues his guilty pleas were involuntary, the record shows otherwise, with the lower court conducting two plea colloquy proceedings to make sure defendant was aware of the consequences of his entering his pleas and that he was knowingly and voluntarily entering them. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CP-01186-COA , Categories: Murder, Plea, Due Process
J. Smith finds that the district court improperly imposed a purpose-specific approval requirement in a derivative action brought by a shareholder. However, the district court properly held that the board was aware that an individual defendant had an indirect interest in the challenged transactions when it approved them. A Securities and Exchange Rule does not require the board of directors to approve a transaction for the specific purpose of exempting it from liability. This is the rare case where all parties involved agree that the court must reverse. Both plaintiff individual and the SEC���which filed an amicus brief in this case���acknowledge that the Securities and Exchange Rule lacks a purpose-specific approval requirement. Affirmed in part.
Court: 9th Circuit, Judge: Smith, Filed On: November 13, 2023, Case #: 22-16632, Categories: Securities
J. Smith finds the district court improperly dismissed this free speech suit brought by a Louisiana State Bar member who says the bar unconstitutionally collected membership fees while engaging in political advocacy unrelated to law and legal services. Though the bar argues the speech was insignificant, and certain complained-of speech does pass the germaneness test, its positions on LGBT issues, the state Equal Pay Act, a high school curriculum and other speech unrelated to legal practice violate the First Amendment right to association. Reversed in part.
Court: 5th Circuit, Judge: Smith , Filed On: November 13, 2023, Case #: 22-30564, Categories: Administrative Law, Constitution, First Amendment
J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: Landlord Tenant, Tort, Contract
J. Smith finds for the U.S. in this post-award bid protest related to a contract to provide wheelchair van transportation services because the fair evaluation met solicitation criteria.
Court: Court of Federal Claims, Judge: Smith, Filed On: November 8, 2023, Case #: 22-1037, Categories: Contract
J. Stuart-Smith finds a lower court improperly dismissed a pregnant mother's claims of negligence against a hotel resort. The hotel resort argued that it is not liable for injuries she suffered while entering an outdoor pool. However, the expecting mother presented sufficient evidence in court that she slipped and fell in close proximity to the pool, which lacked treads. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart-Smith, Filed On: November 7, 2023, Case #: CA-2023-245, Categories: Negligence, Premises Liability
J. Smith denies a group of individuals affiliated with the First Presbyterian Church of Bethlehem���s motion to dismiss this case, which alleges they took unauthorized actions to affiliate the church with a different denomination, for lack of jurisdiction. This court has jurisdiction under the Declaratory Judgment Act to determine if the church���s insurance company must defend the church.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: November 7, 2023, Case #: 5:23cv678, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Jurisdiction
J. Smith finds that the trial court properly ruled in favor of the home sellers in a suit brought by the purchaser over alleged undisclosed defects. The purchaser did not prove the fraudulent inducement exception regarding the "as is" clause in the contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 2, 2023, Case #: 10-23-00134-CV, Categories: Fraud, Contract
J. Smith denies the contractor's appeal of the Army Corp of Engineers' default termination of its construction contract for failure to diligently prosecute work on electric power transmission infrastructure in Afghanistan. Though the contractor says the corp's suspension of a contract line item and Covid-19 lockdowns impeded its performance, its arguments are unsupported and fail to rebut the corp's demonstrated justification for termination and clear consideration of the contractor's unsatisfactory response.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: October 30, 2023, Case #: 62592, Categories: Government, Contract
J. Smith finds that the trial court properly ruled against the brother of the executor of his deceased parent's will, his sister, in an accounting dispute brought on by his sibling's management of the estate. A forensic account of the estate would have been unnecessary because the record reflects a detailed account of the estate's financials. Affirmed
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 27, 2023, Case #: 03-21-00520-CV, Categories: Evidence, Wills / Probate
J. Smith finds the trial court improperly dismissed on res judicata grounds a homeowner���s breach of implied warranty of fitness for a particular purpose and limited warranty lawsuit against two construction companies. ���Here, the indemnification responsibility does not run from Lennar Homes to Mills; rather, the subcontract requires Mills to indemnify Lennar Homes.��� The homebuilder Lennar fails to cite any contractual obligations making them liable for default judgment entered against Mills, making Lennar not privy to Mills default judgment. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: October 20, 2023, Case #: 6D23-1318, Categories: Property, Warranty, Indemnification
J. Smith finds that the trial court properly ruled to terminate a mother's parental right to her two children. The mother's court-appointed counsel, in a motion to withdraw, argues that the appeal is "frivolous and without merit." Upon review of the record, it can be concluded that the trial court did not err in its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-23-00325-CV, Categories: Family Law
J. Smith finds that the trial court properly ruled in favor of a car dealership that sought to dismiss a negligence suit brought by an employee who was injured at work. On appeal, the employee argues that despite being covered by workers' compensation insurance, the dealership is still liable for negligence because the task he was doing when he was injured was not a part of his usual responsibilities. The employee was acting as a worker when he was injured and because the dealership covered him under its insurance, his claims are barred under the Workers' Compensation Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-21-00512-CV, Categories: Negligence, Workers' Compensation