21 results for 'judge:"Blake"'.
J. Blake affirms the denial of the defendant’s motion for a new trial. The defendant failed to meet her burden to prove there was no good reason for the in-court identification procedure, where a man who witnessed her assault another woman and who had also seen pictures of the defendant before the crime occurred, identified her as the person he saw commit assault. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: April 26, 2024, Case #: 22-P-550, Categories: Assault, Battery, Witnesses
J. Blake denies a recovery center’s motion for partial summary judgment in this complaint of Fair Housing Act, Section 504 of the Rehabilitation Act and Americans with Disabilities Act violations after an application for a use and occupancy permit was denied by the city. The center alleges it was denied due to discriminatory beliefs of the future residents from community opposition. No reasonable finder of fact could find that discrimination was the sole reason to deny the application. The court grants, in part, the city’s cross motion for summary judgment. The finder of fact could find the decision to enforce the city code was arbitrary and irrational. Therefore, the court denies all claims for both parties except the Rehabilitation Act for the city.
Court: USDC Maryland, Judge: Blake, Filed On: February 1, 2024, Case #: 1:21cv1774, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Government, Property
J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: Real Estate, Zoning, Attorney Fees
J. Blake affirms the defendant’s convictions for two counts of assault with a dangerous weapon, assault and battery on a police officer and resisting arrest. Even though all of the convictions were based on the same continuous and uninterrupted altercation, that does not mean that the defendant should only be convicted of one count of assault via a dangerous weapon. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 12, 2024, Case #: 22-P-710, Categories: Assault, Weapons, Battery
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J. Blake grants a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have failed to respond or contest to the manufacturer’s argument. Therefore, the claims have been abandoned or were denied in a previous proceeding.
Court: USDC Maryland, Judge: Blake, Filed On: January 8, 2024, Case #: 1:14cv3138, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Blake vacates a portion of a 2020 judgment dividing real property between two divorcing dentists. The judgment was made using the real property values from 2013, without adequate explanation for why these values, rather than updated ones, were used.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: November 16, 2023, Case #: 22-P-1032, Categories: Family Law, Property, Real Estate
J. Blake denies a chiropractic practice’s motion for summary judgment following insurance fraud claims brought by State Farm. Allegedly, the practice billed for its own standard of treatment by reporting the same patient conditions, treatment plans and results for each person instead of individualized treatment even though their medical records stated otherwise. The practice did this between 2006-2016. State Farm initially investigated the practice in 2013 but failed to find evidence of fraud. They investigated again in 2015 and did find such evidence. The practice argues that because evidence of fraud was present in 2013 but State Farm didn’t find it, when State Farm initiated this suit in 2018, it should have been time-barred. But since State Farm did not find fraud until 2015, its 2018 suit is not barred. There is still room for reasonable disagreement, so summary judgment cannot be granted at this stage.
Court: USDC Maryland, Judge: Blake, Filed On: September 27, 2023, Case #: 1:18cv1279, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Contract
J. Blake affirms the determination that a valid agreement existed between a developer and a trustee for the trustee to sell two mixed-use rental properties to the developer, which it did not do. Even if the developer made material changes to the deal in its addendum, the trustee's agent accepted the agreement with the addendum via e-mail and had the authority to do so.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: September 15, 2023, Case #: 22-P-851, Categories: Real Estate, Contract
J. Blake denies cross motions for summary judgment from a convenience store chain and its insurance company after concluding that the plain language of their contract is too ambiguous to favor either party. A specific store burned down and the company refused to pay damages, so the chain sued it. Both parties interpret the contract to read in its own favor, but because the language is not clear, discovery is necessary to resolve the dispute.
Court: USDC Maryland, Judge: Blake, Filed On: August 16, 2023, Case #: 1:22cv1551, NOS: Insurance - Contract, Categories: Insurance, Property, Discovery
J. Blake grants a non-profit serving disabled adults with daily care its summary judgment following FLSA violation allegations brought by three former staff who each worked in different roles at different rates of pay. The staff members argue that the work involved across the different positions was essentially the same and should have had the same rate of pay and overtime pay. However, the nonprofit correctly demonstrates that based on significant differences in the work of the various positions, it uses a weighted average formula when calculating overtime pay.
Court: USDC Maryland, Judge: Blake, Filed On: August 16, 2023, Case #: 1:22cv731, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Labor
J. Blake denies a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have provided enough evidence to show that the manufacturer was aware of the defects and chose not to make patients aware.
Court: USDC Maryland, Judge: Blake, Filed On: July 13, 2023, Case #: 1:17cv1040, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Blake affirms a trustee’s motion to dismiss the trust’s remainder beneficiaries’ attempt to require her to provide them with documentation regarding the trust. While they are children of the trustee’s late husband from a prior marriage and would be entitled to the trust if the trustee died, she is only required as the current trustee to maintain the trust’s books and records, not to provide information from those books and records to remainder beneficiaries.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 7, 2023, Case #: 22-P-783, Categories: Trusts, Fiduciary Duty
J. Blake finds that a land court judge correctly determined a zoning board of appeals was wrong to deny a special permit to an applicant looking to build a pier over a saltmarsh. The area at the end of the pier, where the pier would touch the water, is a tidal flat just past the saltmarsh, not a tidal creek that is part of the saltmarsh. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: July 6, 2023, Case #: 22-P-803, Categories: Environment, Zoning, Water
J. Blake finds the lower court improperly refused to find for the commonwealth on an individual's claim for compensation under the erroneous convictions statute. The commonwealth voluntarily dismissed an assault and battery indictment against him, but evidence supports a conviction for the crime. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: June 7, 2023, Case #: 22-P-580 , Categories: Evidence, Damages
J. Blake partially denies Costco’s motion for summary judgment following allegations of negligence when a customer injured his shoulder trying to lift a heavy grill into his pickup truck. He employed the help of a staff member, but when the customer said to lift on the count of three, the staff did not move his end of the grill, causing the injury. At this stage, Costco’s duty of care cannot be summarily denied.
Court: USDC Maryland, Judge: Blake, Filed On: May 24, 2023, Case #: 1:20cv664, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence