20 results for 'judge:"Griffin"'.
J. Griffin finds that an architect and contract administrator do not have a duty to protect an employee of a subcontractor from injury under the parties' construction contract. Under the clear and unambiguous language of the General Conditions and Design Agreement, the architect's “undertaking of periodic visits and observations by [Architect] or his associates shall not be construed as supervision of actual construction,” and the architect "will not be responsible for nor control the construction means, methods, safety precautions and programs.” Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: March 22, 2024, Case #: 2023-C-00928, Categories: Construction, Negligence, Contract
J. Griffin finds the lower court properly dismissed municipal liability claims against the city. Although the police chief intentionally avoided a background check on the officer who held the victim at gunpoint while off-duty and without any reason, there is no evidence to suggest the city should have known the officer would have committed this specific, unconstitutional act based on previous disciplinary issues with a Florida police department. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: March 18, 2024, Case #: 23-5229, Categories: Civil Rights, Evidence, Government
J. Griffin answers a certified question that prescription is interrupted when another suit that is commenced is sufficient to fully apprise a defendant of the nature of the claim of the plaintiff, and what is demanded of the defendant. Under statute, prescription is interrupted when a defendant knows what legal demands are made on him or her from the description in the petition. In this case, a former Alcohol and Tobacco Control employee claimed that he was fired in retaliation for submitting written complaints describing violations in his state suit before filing a complaint in federal district court asserting substantially similar facts.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: January 26, 2024, Case #: 2023-CQ-00257, Categories: Civil Procedure, Employment, Employment Retaliation
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J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: Administrative Law, Municipal Law, Contract
J. Griffin finds that while defendant did not own or reside at the property owned by his girlfriend and used to traffic controlled substances, his continued storage of heroin, fentanyl and other illegal drugs at the home showed a degree of control that allowed the trial court to apply the "drug-house" sentencing enhancement. Additionally, the overwhelming evidence of defendant's control over the trafficking ring, including testimony from accomplices that he directed them to distribute drugs and collect payments, allowed for the leadership sentencing enhancement. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: October 25, 2023, Case #: 23-5064, Categories: Drug Offender, Sentencing
J. Griffin finds the lower court properly applied the Noerr-Pennington immunity doctrine and dismissed the septic system manufacturer's antitrust complaint. Even if competitors and the certification body acted together to promote the interests of contained septic systems, the doctrine covers conduct ultimately aimed at influencing legislation. The manufacturer of the open-bottom septic system eventually withdrew its certification in fear of what state legislators might decide regarding the regulation of such systems and, therefore, its harm derived from those decisions, not the conduct of the competitors. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: September 12, 2023, Case #: 22-1947, Categories: Antitrust, Immunity
[Consolidated.] J. Griffin finds certain amendments to the Ohio Product Liability Act may have ramifications on the bellwether opioid epidemic trial and, therefore, this court certifies the following question of law to the Ohio Supreme Court: to what extend did the 2005 and 2007 amendments to the OPLA abrogate common law public nuisance claims?
Court: 6th Circuit, Judge: Griffin, Filed On: September 11, 2023, Case #: 22-3750, Categories: Health Care, Negligence
J. Griffin finds that the decedent's purported lost notarial testament is absolutely null. When an original notarial testament is lost, a duplicate testament can prove a valid will was executed. Under statute, a notarial testament must be signed by the testator on each page and at the end, accompanied by the signatures of the witnesses and notary on the attestation clause. In this case, the unsigned copy of the lost notarial testament and the narrative affidavits fail to meet the statutory requirements. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: September 8, 2023, Case #: 2022-C-01763, Categories: Evidence, Wills / Probate
J. Griffin finds the district court properly found for the government on a general contractor's challenge to the constitutionality of the Occupational Safety and Health Act. Constraints placed on the Occupational Safety and Health Administration by the legislation that created it sufficiently limit its authority to craft nationwide workplace safety standards such that it does not violate the nondelegation provision. Although there are not a large number of restrictions regarding the type of rules OSHA can implement in the workplace, the Act's "reasonably necessary and appropriate" language passes the "intelligible principle" test established by the Supreme Court. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: August 23, 2023, Case #: 22-3772, Categories: Constitution, Construction, Government
J. Griffin finds that the court properly granted the state’s prayer for judgment seven years after the original sentencing for misdemeanor death by vehicle. The state had no reason to make the motion until defendant was charged with another motor vehicle offense. Affirmed.
Court: North Carolina Court of Appeals, Judge: Griffin, Filed On: August 1, 2023, Case #: COA22-672, Categories: Sentencing, Vehicle
J. Griffin finds that the court of appeal properly determined that a creditor’s recovery in a deficiency judgment action is barred against a surety when a creditor forecloses on property through a judicial sale without appraisal. Under the Louisiana Deficiency Judgment Act, the surety is discharged from his obligations because the foreclosure through a judicial sale without appraisal left the surety with no rights of subrogation. Affirmed as amended.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: June 27, 2023, Case #: 2022-C-01088, Categories: Debt Collection, Contract
J. Griffin finds the district court erroneously ruled a prison was entitled to deny recognition to the Christian Identity religion out of concern over its racist ideologies. The prison failed to conduct a meaningful analysis regarding whether non-recognition was the least restrictive means to ensure the security of its facility. Mere recognition of the religion does not require the prison to allow unfettered worship by the group, and testimony from the inmates indicates they are nonviolent and do not tolerate participants who became aggressive or violent at their services. Reversed.
Court: 6th Circuit, Judge: Griffin, Filed On: June 26, 2023, Case #: 21-1694, Categories: Civil Rights, First Amendment, Prisoners' Rights