7 results for 'judge:"Cavanagh"'.
J. Cavanagh finds that the lower court properly convicted defendant of murder for personally discharging a firearm that killed a woman and severely injured a man. The court reasonably allowed two detectives to offer lay opinion testimony identifying defendant was the shooter from the surveillance video. While there is no evidence showing the perpetrator disguised himself, defendant wore a Covid mask during some portions of the trial, and he may have changed his hairstyle from the style worn in the video. Further, the detectives had in-person contact with defendant in weeks prior to the shooting that made it more likely for them to clearly identify him as the person shown in the surveillance footage. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: May 16, 2024, Case #: 230501, Categories: Evidence, Murder, Witnesses
J. Cavanagh finds that coworkers of the husband of a corrections employee were allowed to continue discrimination claims after the wife filed retaliation claims against the state department of corrections. The husband, who was also employed by the department, experienced alleged retaliation due to his wife's action, and his coworkers, who were also his friends, were terminated in the fray.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 10, 2024, Case #: 164862, Categories: Employment Discrimination, Employment Retaliation
[Consolidated.] J. Cavanagh finds that a condominium association was properly held not liable in claims contending plaintiff tripped and fell on frayed carpet while entering a unit because plaintiff knew the carpet posed a tripping hazard before entering. However, the unit owner may have been liable for failing to repair dangerous flooring before renting to plaintiff. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Cavanagh, Filed On: January 4, 2024, Case #: 364809, Categories: Premises Liability
J. Cavanagh finds that the lower court properly convicted awarded the wife a monthly maintenance amount, plus a percentage of the husband's annual bonus. The wife's salary of $90,000, while significant, was not high enough by itself to allow her to maintain the same standard of living she enjoyed during the marriage as part of a household of $500,000 per year. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: August 30, 2023, Case #: 220983, Categories: Family Law
J. Cavanagh finds the Court of Appeals improperly affirmed the trial court’s dismissal of the mother’s action seeking custody of a child with whom she has no biological relationship. The same-sex couple had a child together through in vitro fertilization before the Supreme Court ruled that states must recognize and license same-sex marriages. Because Michigan unconstitutionally prohibited same-sex marriage before the relevant SCOTUS decision, the Michigan Supreme Court extends the equitable parent doctrine, which provides standing to nonbiological fathers as parents, so that the mother is entitled to seek custody by demonstrating that the parties would have married before the child’s birth but for the marriage ban. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: July 24, 2023, Case #: 164046, Categories: Family Law, Guardianship, Lgbtq
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J. Cavanagh finds that the appeals court improperly upheld the circuit court's ruling partially in favor of the borrower in a breach of contract and fraud action brought by the investment group after the borrower stopped making loan payments. The circuit court incorrectly found that the investment group violated the criminal usury statute prohibiting excessive interest rates for certain loans and that the usury savings clause in the mortgage note is enforceable. Both courts applied an incorrect standard in determining whether the note was usurious. Neither court addressed whether the investment group committed any other act that violated the statute, so the case is remanded to the circuit court for reconsideration. Reversed.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: June 23, 2023, Case #: 163320, Categories: Fraud, Banking / Lending, Contract
J. Cavanagh finds that the trial court improperly granted a driver summary judgment after he hit and injured two people in another car because his insurer’s decision to rescind the policy post-accident did not allow the driver to avoid liability for non-economic damages. Affirmed.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 31, 2023, Case #: 163116, Categories: Insurance, Damages, Negligence