49 results for 'judge:"Garcia"'.
J. Garcia denies all parties' motions for summary judgment, ruling the bus drivers' cited evidence fails to establish all necessary elements for their retaliation and discrimination claims and, therefore, precludes judgment in their favor. Meanwhile, the drivers' claims regarding the employer's failure to properly sanitize buses or use hypoallergenic sanitizers in the wake of Covid-19 are not preempted by the National Transit Systems Security Act because the complaint filed with OSHA before this suit was filed was dismissed by the agency.
Court: USDC Connecticut, Judge: Garcia, Filed On: May 3, 2024, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: Evidence, Preemption, Employment Retaliation
J. Garcia finds that the lower court improperly granted declaratory relief to the appellee in this breach of contract lawsuit arising from a supplier subcontractor agreement. The evidence shows that a certain email termination was effective "under the substantial-compliance doctrine." The appellant does not establish, however, that the termination defeated the appellee's contract claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 26, 2024, Case #: 05-22-00752-CV, Categories: Evidence, Contract
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: Civil Procedure, Employment Discrimination
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, Family Law
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: Elections, Evidence, Attorney Discipline
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J. Garcia finds that the lower court improperly granted summary judgment in favor of the defendant bus company on certain claims in this lawsuit arising from "a bus accident in Mexico." The lower court specifically erred as to the passengers' respondeat superior theory. It correctly ruled, however, that "Zacatecan law governs the liability issues in this case." The case is accordingly remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: March 26, 2024, Case #: 05-22-01077-CV, Categories: Civil Procedure, Transportation
J. Garcia finds that the appellate division properly held that defendant's actions in strangling and beating a woman to death met the threshold of torture to support a conviction for first-degree murder. The woman's severe injuries, her acknowledged abusive relationship with defendant, and an inadvertent recording of their last encounter were sufficient proof for a rational jury to find that defendant took pleasure in inflicting extreme pain on her in the fatal attack. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: March 19, 2024, Case #: 22, Categories: Intent, Murder
J. Garcia finds that the appellate division properly dismissed efforts by unionized lifeguards to enforce provisions in their union constitution that provide seasonal members the right to vote and run for office. Precedent does not apply to purportedly unlawful union conduct when joint and several monetary liability is not sought, but the union local reasonably attempted to interpret the relevant provisions of the constitution in limiting voting to full-time lifeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: March 14, 2024, Case #: 26, Categories: Labor / Unions
J. Garcia finds that the appellate division improperly overturned defendant's burglary conviction on grounds that notice was not provided when ordinary burglary was added as a lesser included offense to the more serious count of burglary as a sexually motivated felony because the indictment specifically identified the lesser included crime as the qualifying offense for the sexually motivated count, and at no time did the prosecution suggest abandoning the lesser charge. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 14, Categories: Burglary, Criminal Procedure
J. Garcia finds that the lower court properly granted the appellee homeowner's dismissal motion filed pursuant to the Texas Citizens Participation Act in this case alleging defamation, abuse of process and malicious prosecution. The claims related to the appellee's right of free speech, as her communications "were made in connection with a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 05-23-00343-CV, Categories: Anti-slapp, Civil Procedure, Defamation
J. Garcia finds that the appellate division improperly denied defendant habeas relief after he committed additional violent felonies while out on bail awaiting trial. Such defendants can be remanded if considered a flight risk or if viewed as a danger to the community at large, but since defendant fell into the latter category, a hearing should have been held to submit witness testimony, evidence, or grand jury transcripts. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 20, 2024, Case #: 04, Categories: Habeas, Bail, Due Process
J. Garcia dismisses as moot a nonprofit's challenge to the Federal Energy Regulatory Commission's grant of an energy company's request for a ruling that it's planned facility, which was to be built in Port St. Joe, Florida, fell outside the agency's regulatory jurisdiction. The company is not longer planning to build the facility.
Court: DC Circuit, Judge: Garcia, Filed On: February 16, 2024, Case #: 22-1251 , Categories: Administrative Law, Energy
J. Garcia finds that the lower court properly required the appellant company to pay attorney fees under the Uniform Declaratory Judgments Act in this dispute involving neighboring landowners. The appellant fails to establish its argument that the land dispute does not come within the relevant statute authorizing the fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: January 25, 2024, Case #: 05-23-00064-CV, Categories: Real Estate, Attorney Fees
J. Garcia upholds a labor board’s decision T-Mobile is unlawfully dominating T-Voice, a group established by the company in which it hand-picked the representatives to whom employees were directed to raise their grievances. The board reasonably rejected T-Mobile's argument the group is not a labor organization; therefore, the board’s order that T-Mobile disestablish T-Voice and post notices at its facilities stands.
Court: DC Circuit, Judge: Garcia, Filed On: January 12, 2024, Case #: 22-1310 , Categories: Communications, Labor / Unions
J. Garcia finds that the lower court properly denied the school bus defendants' motion to transfer venue in this product liability lawsuit arising from a fatal accident "allegedly caused by a defective school bus." There was no error in denying the motion, as "a substantial part of the events or omissions giving rise to the claim occurred in Dallas County," specifically involving the sale of the bus. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: November 30, 2023, Case #: 05-23-00775-CV, Categories: Product Liability, Venue
J. Garcia finds that the lower court properly dismissed the appellant's case for want of prosecution. The pro se appellant failed to appear when the case was called for trial. On appeal, she fails to explain "why the dismissal order was in error." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: November 29, 2023, Case #: 05-22-01345-CV, Categories: Civil Procedure
J. Garcia denies, in part, the automated emulsion equipment manufacturer's motion to dismiss counterclaims filed by the client, ruling the contract claim has merit based on its failure to deliver all of the equipment specified in the parties' amended purchase agreement. Additionally, the breach of good faith and fair dealing claim will proceed based on evidence the manufacturer repeatedly claimed it had completed all of the installation work specified in the contract even though it knew those statements were false.
Court: USDC New Mexico, Judge: Garcia, Filed On: November 22, 2023, Case #: 1:21cv1212, NOS: Other Contract - Contract, Categories: Construction, Fraud, Contract
J. Garcia finds that the appellate division properly held that a local law prohibiting police from using certain restraints while making arrests is not constitutionally vague and falls within municipal authority. The law, which was enacted in response to the deaths of George Floyd and Eric Garner, supplemented rather than supplanted state use-of-force laws. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: November 20, 2023, Case #: 82, Categories: Municipal Law, Labor / Unions
J. Garcia finds that the appellate division improperly held that defendant's right to confront witnesses had not been violated in his robbery trial because the record does not indicate that the expert personally prepared or observed preparation of a DNA sample discovered on a cellphone left at the crime scene. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: November 20, 2023, Case #: 75, Categories: Confrontation, Dna, Robbery
J. Garcia finds that the lower court improperly granted the congregants' Rule 12 motion with prejudice in this church-related dispute. The lower court abused its discretion with the ruling, as a Rule 12 determination "is not merits based." The matter is accordingly remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: November 16, 2023, Case #: 05-23-00250-CV, Categories: Civil Procedure, Conversion
J. Garcia finds that the lower court properly rendered judgment on a jury verdict in this personal injury lawsuit stemming from a motor vehicle accident. There was no abuse of discretion as to the admission of the defense expert. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 12, 2023, Case #: 05-22-00719-CV, Categories: Tort, Experts
J. Garcia finds that the lower court improperly denied the special appearance filed by one of the appellants in this lawsuit alleging violations of the Texas Uniform Trade Secrets Act because "there is no specific personal jurisdiction over this Oregon company." The denials were appropriate as to the other appellants, however, as they "purposefully availed themselves of the privilege of conducting business in Texas." Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 4, 2023, Case #: 05-23-00008-CV, Categories: Trade Secrets, Jurisdiction
J. Garcia grants the birth control device manufacturer's motion to dismiss, ruling the patient's state law failure to warn and negligence claims impose requirements different to those established by the FDA and, therefore, are preempted by federal law.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 2:21cv664, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Preemption, Product Liability
J. Garcia denies, in part, the lender's motion to dismiss, ruling its failure to respond to communications from the borrower about additional forbearance under the Coronavirus Aid, Relief, and Economic Security Act and placing her loan in default after it admitted a mistake is sufficient to support a negligent misrepresentation claim.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 29, 2023, Case #: 1:22cv180, NOS: Other Contract - Contract, Categories: Banking / Lending, Covid-19