134 results for 'judge:"Wood "'.
J. Wood finds that the trial court ruled improperly in this property dispute over an easement. The court erred in dismissing the adverse possession counterclaim. There are genuine issues in dispute as to which property the fence is located on. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: August 1, 2023, Case #: COA22-481, Categories: Property
J. Wood denies the employer's motion for summary judgment as to the employee's claim under the Fair Labor Standards Act in an action arising out of a dispute over overtime pay when the employee's job duties changed due to the Covid-19 pandemic. The employee also alleged that the employer failed to pay her accrued vacation and sick time when she was fired. Although the pandemic was a rare occurrence and qualified as an emergency, a genuine issue of fact exists as to how long the emergency lasted and whether the employee qualified for an executive or administrative exemption from the Act's overtime requirement during the time when the emergency exemption did not apply. However, the motion for summary judgment is granted with regard to the employee's breach of contract claim.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: July 24, 2023, Case #: 2:22cv4, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, Contract, Labor
J. Wood finds that the lower court properly convicted defendant of murder, despite the jury's finding on a special-verdict form that defendant did not pull the trigger. Direct-appeal counsel was not deficient for declining to advance an inconsistent-verdict challenge because the omitted argument was meritless as a matter of state law. Furthermore, personal discharge of a firearm is not a required element of first-degree murder under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: July 20, 2023, Case #: 21-3162, Categories: Ineffective Assistance, Murder
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J. Wood finds that the lower court properly found for the mortgage servicer in a False Claims Act suit brought by a former employee. The employee showed that the alleged false representations to the U.S. Department of Housing and Urban Development were material to the agency's decision to pay out various claims under the federal mortgage insurance program. However, she cannot show that the false representations caused the subsequent default, and therefore that the agency suffered a monetary loss. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: June 14, 2023, Case #: 22-1553, Categories: Fraud, Housing, False Claims
J. Wood finds the circuit court properly awarded attorney fees to the hospital, which was sued by a surgeon whose staff and surgical privileges were revoked for alleged care that didn���t meet standard practice. Most of the surgeon���s claims were dismissed with prejudice and others were affirmed on appeal. The hospital filed a motion for fees with over two hundred pages of supporting documentation. The surgeon did not seek hearing, submit evidence or contest the itemized fee documentation, essentially asking the court to reach the liability issue first and then allow him to submit documentation. The circuit court is not required to do this. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: June 8, 2023, Case #: CV-22-636, Categories: Employment, Evidence, Health Care
J. Wood finds that the trial court improperly dismissed the company���s claim against the coaches��� association alleging unjust enrichment. The company sufficiently pleaded its claims that the breach of contract and failure to pay for services constituted unjust enrichment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: June 6, 2023, Case #: COA22-882, Categories: Contract
J. Wood grants the county attorney's motion to dismiss an action brought by the individual alleging that her due process rights were violated when he was improperly appointed as administrator of her deceased mother's estate by a probate judge. The claim is dismissed for lack of subject matter jurisdiction because there is no constitutional violation alleged on which to premise federal jurisdiction. The county attorney was acting in a private capacity rather than as a functionary of the state when he was appointed executor.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: June 5, 2023, Case #: 2:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Wood finds the circuit court properly found that the daughter breached her fiduciary duty as guardian of her mother. The daughter served as co-trustee with her mother over a trust benefiting the mother and of which the daughter was the sole beneficiary at the mother���s death. The daughter failed to prove that the source of the mother���s personal funds transferred into the trust was the trust itself. The daughter admitted transferring all of the funds in her mother���s personal accounts totaling over $1 million into the trust. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: May 31, 2023, Case #: CV-20-555, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Wood denies the county's motions to dismiss the widow's wrongful death action alleging that officials violated Department of Public Health regulations and operated the county ambulance service contrary to those regulations, resulting in her husband's death from cardiac arrest due to lack of oxygen saturation. Although the amended action is a shotgun pleading which fails to give the county and officials adequate notice of the claims, the widow may amend the complaint to fix the deficiencies.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 31, 2023, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death