106 results for 'judge:"Boyle"'.
J. Boyle finds the trial court properly denied defendant's motion for a mistrial after the jury was mistakenly given a flash drive not admitted into evidence. Not only did the drive not contain any evidence that defendant engaged in the conduct with which he was charged, but only a single juror looked at one document contained on the drive and he could not recall its contents. Meanwhile, the testimony of a forensic video specialist should have been excluded after he was not properly introduced as an expert witness by the prosecution, but because there was overwhelming evidence of defendant's guilt - including eyewitness testimony that he was the shooter - the error was harmless. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1579, Categories: Jury, Murder, Experts
J. Boyle finds the trial court properly determined the husband's retirement and substantial decrease in income represented a change in circumstances that allowed for a reduction in his spousal support payments, while the reduction from $12,000 to $2,500 per month was also reasonable, given the husband's modified income and the wife's current earning potential. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1581, Categories: Evidence, Family Law
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J. Boyle denies a mall property owner’s and security firm’s motions to transfer the venue of this case to the Middle District of North Carolina; the suit involves negligence claims brought by a patron who was shot in the crossfire during a robbery. The owner and firm, both foreign entities, claim that the patron fraudulently added the North Carolinian armed robbers to this action, but they have failed to demonstrate this. This case is remanded to Durham County Superior Court for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 8, 2024, Case #: 4:23cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
J. Boyle partially denies a real estate broker’s partial motion to dismiss allegations of state vacation rental law violations brought by the administrator of the estate of a minor who drowned after he snuck into a swimming pool unsupervised. The broker argues that because it’s not a landlord, it isn’t beholden to any building or housing codes. However, the administrator correctly argues that under vacation rental law, the broker negligently maintained the property, exposing the minor to a drowning hazard.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 1, 2024, Case #: 4:23cv101, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Wrongful Death
J. Boyle grants 21 organizations’ motions to dismiss allegations of gender, age, national origin and disability discrimination brought by an accountant who was not hired by any of them. In this pro se action, the accountant fails to state anything more specific than the facts that he applied to the positions and was not accepted to them. This is not sufficient to state a discrimination claim in any instance.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 29, 2024, Case #: 5:23cv38, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Boyle grants a renal healthcare system’s motion to dismiss allegations of race discrimination and retaliation brought by a healthcare worker. The worker claims other staff harassed her, including making racist remarks, and that her supervisor followed her around the facility and even outside after her shifts ended, making unnecessary criticisms. This increased after she filed an EEOC complaint and she was then fired. However, the worker’s claim is time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 26, 2024, Case #: 5:23cv84, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Civil Rights, Fraud
J. Boyle grants the FDIC’s motion to disqualify counsel for a financial group in its own party in a suit against two insurance companies for wrongfully denying coverage under financial bond policies. This suit originates from a fraud scheme committed against the financial group’s subsidiary, a bank. Since the FDIC has come to substitute the bank as a party, the bank’s counsel, which also represents its associated financial group, presents a conflict of interest for the FDIC. The FDIC may proceed with obtaining new counsel.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 28, 2024, Case #: 5:23cv95, NOS: Insurance - Contract, Categories: Fraud, Banking / Lending, Contract
J. Boyle grants an Army officer’s motion to dismiss allegations of harassment brought by a soldier support worker after the worker refused to give the officer a requested file. The worker filed an EEOC complaint after the officer supposedly threatened her position for refusing to give the officer a requested file. The worker was subsequently fired. However, as the officer is a federal employee, she correctly claims sovereign immunity, so the claim lacks subject-matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 26, 2024, Case #: 5:23cv430, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Immigration, Jurisdiction
J. Boyle grants staff members in North Carolina’s teachers’ retirement system their motion for judgment on the pleadings following allegations of a due process violation in a teacher’s dispute over her benefits. Unbeknownst to the teacher, she was overpaid benefits for 10 years, and when the system found the mistake, it docked her benefits by 50% until it recouped the overage. At this stage, the teacher’s remaining claim is that she was not given a pre-deprivation hearing before the reduction in benefits. However, the system staff members are entitled to qualified immunity and the teacher has not provided sufficient evidence otherwise.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 21, 2024, Case #: 4:22cv27, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Boyle finds the trial court properly denied defendant's motion to exclude a video interview of the victim conducted by a child advocacy group employee. The interview was not conducted to collect evidence for a criminal prosecution; rather, the interview was used to assess the victim's safety, determine if the perpetrator of the alleged assault was still a threat to her, and to determine the extent of any physical injuries. Meanwhile, even though the single count of gross sexual imposition for which defendant was convicted was based on conduct that occurred outside the county in which the trial court is based, it retained jurisdiction over the charge because the act was part of a course of criminal conduct consistent with the other four counts of the indictment, all of which took place inside the county. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 15, 2024, Case #: 2024-Ohio-571, Categories: Evidence, Sex Offender, Jurisdiction
J. Boyle finds the lower court properly granted permanent custody of the child to family services. Not only is his sibling already in foster care for similar drug exposure issues caused by the mother, but the father is incarcerated and will remain so until at least 2026, which prevents the child from being placed in his care in a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 15, 2024, Case #: 2024-Ohio-588, Categories: Evidence, Family Law
J. Boyle denies a major consumer electronics producer’s motion for a temporary restraining order and anti-suit injunction after a European competitor brought patent infringement allegations against it. The producer, in a counterclaim, seeks the injunction to stop its competitor from implementing injunction orders in Colombia and Brazil, preventing the producer from selling its products in those countries. However, the producer fails to sufficiently evidence that entering a global licensing agreement with its competitor would resolve the underlying infringement claims.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 14, 2024, Case #: 5:23cv569, NOS: Patent - Property Rights, Categories: Patent, Technology, Injunction
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation, Employment Discrimination
J. Boyle partially grants a former staff member of the state’s corrections department her motion to compel after suing the department for alleged race, gender and age discrimination. Specifically, the department, which has had over six months to produce documents, must generate records of past job postings for the staff’s position to complete the discovery process. The staff member has demonstrated the standing to make this request.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 8, 2024, Case #: 5:21cv225, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Discrimination
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation, Labor