18 results for 'judge:"Groves"'.
J. Groves grants an insurance company's and employer's motions to dismiss a disabled inactive employee's amended complaint regarding denied claims. The United States Department of Labor Employee Benefits Security Administration issued demand letters on behalf of the employee identifying multiple incorrectly processed claims. The insurer overturned some, but not all, decisions. The employee requested plan documents from the insurer, received no response, and filed this complaint alleging violation of ERISA for not producing the requested documents. Because the employee has not alleged an injury, she does not have Article III standing. The insurer is not a proper party for the ERISA claim. The employee did not make a written request to the employer for plan documents.
Court: USDC Idaho, Judge: Groves, Filed On: April 29, 2024, Case #: 1:22cv164, NOS: Fair Labor Standards Act - Labor, Categories: Erisa
J. Groves finds the trial court properly granted the girlfriend's motion for an annulment of the marriage allegedly solemnized in California. She never received notice of the boyfriend's action to establish the fact of marriage in California and never consented to be married, which rendered the certificate obtained by the boyfriend a nullity. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: January 25, 2024, Case #: 2024-Ohio-244, Categories: Evidence, Family Law
J. Groves finds the bill of particulars produced for defendant by the state was not so threadbare as to violate his due process rights. It contained information about all the sexual assaults that made up the indictment and as clear a timeframe as possible, given the age of the victim at the time of the assaults. Meanwhile, the trial court's decision to admit victim-impact statements from several witnesses did not violate defendant's fair trial rights because the testimony was elicited only in relation to the victim's disclosure of the abuse and did not improperly inflame the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: December 28, 2023, Case #: 2023-Ohio-4793, Categories: Fair Trial, Sex Offender, Due Process
J. Choe-Groves grants Thlopthlocco Tribal Town's motion for declaratory judgment holding that it is "entitled to sovereign immunity in the Muscogee (Creek) Nation Courts and may, if it chooses, waive its sovereign immunity." Also, the judicial defendants' dismissal motion, in which they argue that the case is moot, is denied. The court concludes that its exercise of jurisdiction is appropriate and confirms that the plaintiff is a "federally recognized tribe, and it enjoys sovereign immunity."
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:09cv527, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans, Immunity, Jurisdiction
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J. Choe-Groves grants permanent injunctive relief to the government and the Osage Nation in this lawsuit against the developers of a wind turbine farm. Equitable relief is due on the claim of continuing trespass, specifically "in the form of ejectment of the wind towers," though the court will allow for input as to the timing. The court will also hold a trial to determine monetary damages for the trespass and conversion claims.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 20, 2023, Case #: 4:14cv704, NOS: All Other Real Property - Real Property, Categories: Energy, Real Estate, Conversion
J. Choe-Groves denies the corporate plaintiff's motion for a preliminary injunction and grants in part the individual defendants' motion for partial summary judgment in this lawsuit arising from an asset purchase and sale agreement for certain business assets. The corporate plaintiff's request for a preliminary injunction is denied as moot, as the requested relief has already expired. Summary judgment is granted to the individual defendants, who sold the business assets at issue, as to certain claims, including fraudulent inducement, unfair competition and false designation of origin under the Lanham Act.
Court: USDC Northern District of Oklahoma , Judge: Choe-Groves, Filed On: December 1, 2023, Case #: 4:19cv145, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Business Practices, Contract
J. Choe-Groves grants a business’s motion for judgment of dismissal. The business is no longer operating and assessing a dutiable value to the merchandise involved in the matter would take years and would be at considerable cost to both parties.
Court: Court of International Trade, Judge: Choe-Groves, Filed On: October 20, 2023, Case #: 23-154, Categories: Commerce
J. Groves finds the trial court properly denied defendant's request for a jury instruction on his affirmative defense claim that he intended to turn over child pornography to police. While he had done so in the past, none of the materials used in the indictment were ever shared with police or other authorities. Meanwhile, the specific search terms used by defendant to obtain the child pornography were sufficient to prove he knew the sexually explicit material he downloaded involved minors, while testimony from the victim that defendant stared at him for long periods of time and grabbed his butt as he picked up a bag of chips was sufficient to convict defendant of sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: September 14, 2023, Case #: 2023-Ohio-3243, Categories: Child Pornography, Jury Instructions
J. Groves finds the trial court properly denied defendant's motion to sever weapons and drug charges into separate trials because the evidence for each count of his indictment was simple and direct, which left little room for the jury to be confused and allowed all of the charges to be tried together. Meanwhile, the trial court's decision to impose consecutive sentences was supported by defendant's history of criminal conduct, while the court also made all necessary findings before making its decision. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 24, 2023, Case #: 2023-Ohio-2953, Categories: Criminal Procedure, Firearms, Assault
J. Groves finds the trial court properly admitted evidence of a shooting that occurred three days after the murder and paralyzed defendant. The timing of his injuries was relevant in proving he was physically capable of committing the murder, while no ballistics evidence from the second shooting linked defendant to the shooting of the victim, which prevented any prejudicial impact. Meanwhile, although there was no eyewitness testimony, the circumstantial evidence was sufficient to convict defendant of murder because it proved he discovered his ex-girlfriend's relationship with the victim immediately before the shooting, disposed of a gun shortly after the murder, and attempted to persuade a witness not to testify. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 10, 2023, Case #: 2023-Ohio-2770, Categories: Evidence, Murder
[Consolidated.] J. Groves finds that the trial court did not abuse its discretion when it reformed certain trust documents because clear and convincing evidence proved the decedent intended to both name her son as a trustee and keep the farmland and its oil and gas royalties as part of the trust, while the fee agreement relied upon by the daughter did nothing more than evidence the decedent's intent to hire an attorney to alter the estate. Meanwhile, evidence also clearly established the decedent and her son reconciled their relationship prior to the decedent's passing, which negated the daughter's claim of undue influence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 10, 2023, Case #: 2023-Ohio-2772, Categories: Wills / Probate, Fiduciary Duty
J. Groves finds that the mother's parental rights were properly terminated. The mother continuously and repeatedly failed to substantially remedy the conditions that caused the child to be placed in temporary custody for two years. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: July 13, 2023, Case #: 112423, Categories: Family Law
J. Groves denies in part an employer's motion for partial summary judgment regarding an employee's allegations of discrimination and retaliation. The employee alleges that after taking FMLA leave, she was demoted, then fired. A genuine dispute exists as to whether the employer willfully violated the employee's FMLA rights when it altered her job duties while she was on leave, therefore her FMLA claims are not time-barred.
Court: USDC Idaho, Judge: Groves, Filed On: July 7, 2023, Case #: 4:20cv420, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Groves denies cross motions for summary judgment between a gold and iron prospecting equipment seller and a competitor in a patent infringement dispute. There are issues of disputed fact to be determined by a factfinder and "the Court cannot determine literal infringement under the doctrine of equivalents at the summary judgment stage."
Court: USDC Idaho, Judge: Groves, Filed On: June 9, 2023, Case #: 1:20cv384, NOS: Patent - Property Rights, Categories: Patent, Trademark
J. Groves finds the trial court properly denied the father's motion to dismiss a tortious interference suit filed by his daughter in a family business dispute. Her status as the sole owner of the properties that could not be sold after the father sought an injunction properly established all the elements required for her lawsuit. Additionally, the deed included only the daughter's name as the owner of the properties, which proved the father had no justification when he filed his injunction lawsuit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: June 1, 2023, Case #: 2023-Ohio-1812, Categories: Property, Interference With Contract
J. Groves finds that while one of the victim's minor siblings admitted to "squishing" a 2-year-old prior to his death, defendant's murder conviction is supported based, in part, on the fact that none of the treating physicians or the state's expert witnesses believed the blunt force injuries that caused the victim's death could have been caused by the 6-year-old sibling. Meanwhile, the trial court properly admitted the investigating officers' testimony about out-of-court statements made by the victim's mother because the evidence was used to explain the police investigation and did not prejudice defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1747, Categories: Evidence, Murder, Child Victims
J. Groves finds the trial court properly allowed the social worker to testify during defendant's trial on rape charges he believed the victim had been sexually abused because the statements did not speculate about the victim's credibility but were used only to confirm the results of the social worker's investigation. Furthermore, the trial court properly denied defendant's motion for acquittal on the rape charge. Although there was no evidence of physical violence against the victim, his relationship as a pseudo-father and her testimony she was scared he would kill her if she told anyone about the abuse satisfied the element of force. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1748, Categories: Evidence, Sex Offender