8 results for 'judge:"Chapman"'.
J. Chapman finds that the lower court properly found for an employee on disability discrimination and retaliation claims against the city and awarded her $500,000 plus $278,000 in back pay. The city failed to establish that the trial court abused its discretion in declining to apply judicial estoppel based on the employee's Social Security disability proceedings to prevent her from testifying that she could work with a reasonable accommodation. Further, the city's challenge to the jury instructions "inexplicably" fails to even mention the court's application of a damages cap on the jury award, which reduced the damages by over $1 million. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: April 30, 2024, Case #: WD85851, Categories: Ada / Rehabilitation Act, Damages, Employment Discrimination
J. Chapman finds that the lower court improperly convicted defendant of felony stealing, but properly convicted him of murder, animal abuse, and armed criminal action. The motor-vehicle stealing conviction did not include the value of the car as an element of the crime, so the offense was not subject to a felony enhancement. Further, the court erred in memorializing the pronounced sentence in the written judgment. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: March 12, 2024, Case #: WD85214, Categories: Murder, Theft, Animal Cruelty
J. Chapman finds that the lower court properly granted the grandmother visitation rights with the six-year-old child. The trial court's visitation schedule is not superseded by the mother's proposed visitation schedule in her notice of relocation letter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: January 9, 2024, Case #: WD86052, Categories: Family Law
J. Chapman finds that the lower court properly convicted defendant of possession of meth and resisting arrest. The evidence supports a finding that defendant consented to a search of his person during a traffic stop, so the finding of bags of meth in his pocket was not an unreasonable search or seizure. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: November 28, 2023, Case #: WD85767, Categories: Drug Offender, Search
J. Chapman finds that the lower court properly ruled against the Secretary of State, which prepared ballot descriptions for six different proposed pro-abortion initiative petitions. The Secretary described the initiatives as allowing "dangerous, unregulated, and unrestricted abortions... without requiring a medical license," which is a baldly inaccurate summary of the proposed initiatives. Further, the Secretary's language that the initiatives would "nullify longstanding Missouri law protecting the right to life," uses partisan political language that should not be used in a summary meant to impartially inform voters. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 31, 2023, Case #: WD86595, Categories: Civil Rights, Constitution, Agency
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J. Chapman finds that the lower court properly convicted the defendant police officer of involuntary manslaughter for fatally shooting an unarmed man at his home while backing up another officer. The evidence supports a finding that the officer was not acting in self-defense or in defense of another officer when he shot and killed the victim. Not only did the officer intend to fire his gun, but his very entry into the curtilage of the victim’s residence was unlawful. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 17, 2023, Case #: WD85232, Categories: Search, Self Defense, Manslaughter
[Consolidated.] J. Chapman finds that the lower court properly denied an injured worker's petition for a writ of mandamus seeking to compel payment of $1.1 million for his medical expenses because his employer was unemployed. The state fulfilled its obligation to pay the worker's medical expenses by negotiating with his medical providers, who agreed to accept $424,000 as payment in full for the outstanding amount due.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: August 29, 2023, Case #: WD85719, Categories: Workers' Compensation
J. Chapman grants the sales associate $505,500 in attorney fees after he was partially successful on his claim that the medication company attempted to enforce an illegal non-compete agreement when he went to work for a competitor. Despite what the medication company argues, the sales associate does not have to prove that the medication company acted in bad faith to receive attorney fees under Section 925(c), and the employee submitted sufficient documentation to prove that his attorney's hours were reasonable.
Court: USDC Central District of California, Judge: Chapman, Filed On: August 17, 2023, Case #: 5:18cv1557, NOS: Other Contract - Contract, Categories: Employment, Attorney Fees, Contract