7 results for 'judge:"Chung "'.
J. Chung remands a dispute between a group of former teachers and a chemical manufacture in which the teachers claim they were subjected to health risks due to being exposed to the manufacture's chemicals found in fluorescent light
ballast capacitors. A jury found the manufacture liable and awarded the teachers $185 million in damages. But the lower court incorrectly applied Missouri law regarding the statute of repose and damages, when it should have applied Washington's Product Liability Act, which has no statute on repose. Further proceedings are needed as a result. Reversed.
Court: Washington Court Of Appeals, Judge: Chung , Filed On: May 1, 2024, Case #: 83287-5-I, Categories: Product Liability, Choice Of Law
J. Chuang denies a title insurer���s motion to dismiss counterclaims brought in this bad faith insurance dispute over a septic system easement by the property owners. The owners argue the insurer failed to disclose a conflict of interest of fiduciary duty when the case was in the circuit court. There is no specific precedent of a bad faith claim under the present circumstances.
Court: USDC Maryland, Judge: Chung, Filed On: November 14, 2023, Case #: 8:22cv3094, NOS: Insurance - Contract, Categories: Insurance, Property, Fiduciary Duty
J. Chung finds that the lower court properly imposed a condition of supervision on defendant stemming from his rape conviction. The condition prohibits defendant from having access to sexually explicit material, which defendant claims is too vague. His claims fail due to the fact that the condition has been held up repeatedly by courts in the past and is directly related to the goal of rehabilitating defendant. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: November 14, 2023, Case #: 84443-1-I, Categories: Sentencing, Sex Offender
J. Chung finds that the lower court improperly granted limited guardianship of a minor to the cousins of the child's mother. Under the law, the court is required to appoint the parents' guardian of choice unless there is evidence such a move would not be in the best interest of the child. The lower court did not make any findings on this issue or determine if doing so would be best for the child, so further proceedings are needed. Reversed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: October 2, 2023, Case #: 84755-4-I, Categories: Family Law, Guardianship
J. Chung finds that the lower court properly denied a 30-day shelter care hearing for an infant placed in shelter care. The mother of the infant moved for a fifth shelter hearing, but this was not called for as the continuation of shelter care requires a court order, not necessarily a monthly hearing. The court is within its rights to conduct a hearing on shelter care if it feels it is needed, but is not required under the law. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: August 14, 2023, Case #: 84266-8-I, Categories: Civil Procedure, Family Law
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J. Chung finds that the lower court properly sentenced defendant on robbery and assault convictions. Defendant challenges the use of videoconferencing during proceedings, claiming that it violated his right to a fair trial, but these claims are without merit as the videoconferencing strategies were being employed to combat Covid-19. The mandatory firearm enhancements the court imposed on his sentence were also proper, as the language of the firearms sentence enhancement statute allow multiple punishments for multiple convictions. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: July 17, 2023, Case #: 82910-6-I, Categories: Fair Trial, Robbery, Sentencing
J. Chung finds that the lower court improperly tossed claims against two companies from a couple who sued after alleged exposure to asbestos-containing pipe
insulation while working at a refinery. The dismissal was granted under the statute of repose, but the companies cannot dodge the claims under that statute because there was not enough evidence put forward regarding their construction contributions to the refinery in questions. Reversed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: June 21, 2023, Case #: 83745-1-I, Categories: Asbestos