178 results for 'judge:"Johnson"'.
J. Johnson finds that defendant was properly sentenced to 30 years imprisonment on his conviction for possession of pornography involving juveniles under the age of 13. In this case, defendant was found in possession of over 800 photographs of children. Further, the sentence was not the maximum allowed, defendant did not show remorse for his actions, and he had a previous conviction of a sexual offense toward his daughter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: April 24, 2024, Case #: 23-KA-427, Categories: Sentencing, Sex Offender
J. Johnson affirms the district court's grant of the driver's wife's motion to dismiss the passenger's child's wrongful-death action stemming from a collision that killed the driver, the passenger and a third-party motorcyclist. A plaintiff may not assert a wrongful-death claim based on the alleged negligence of a deceased person by suing the person appointed as a trustee to commence a wrongful-death action for the benefit of that deceased person's spouse and next of kin rather than suing the personal representative of the deceased's estate. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 22, 2024, Case #: A23-1080, Categories: Civil Procedure, Wrongful Death
J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: Civil Procedure, Government
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J. Johnson reverses the district court's dismissal of a charge for carrying a BB gun in a public place. A motor vehicle being driven on a public road is a public place, and a BB gun under the vehicle's driver's seat is therefore being carried in a public place for the purposes of the relevant statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 15, 2024, Case #: A23-1257, Categories: Firearms, Vehicle
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, Fraud
J. Johnson reverses the district court's denial of the Minnesota Department of Transportation's motion for judgment as a matter of law in a case surrounding a road-construction contract, but affirms its entry of judgment in favor of the contractor on a claim for statutory interest penalties. The contractor did not provide evidence sufficient to prove that the Department breached the implied covenant of good faith and fair dealing, specifically failing to demonstrate that the Department's refusal to approve all of the contractor's requested haul roads was motivated by an improper ulterior motive. Desire to reduce damage to county roads as requested by the county is not such an improper motive, and the Department's disapproval of the use of certain roads for hauling is among the risks the contractor expressly assumed. The Department did, however, agree to pay additional compensation to the contractor, and that compensation is therefore an "undisputed billing" incurring interest penalties for untimely payment. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 1, 2024, Case #: A23-0664, Categories: Government, Contract
J. Johnson grants the employee's motion for liquidated damages and partly grants his motion for attorney fees after a jury verdict in his favor on a claim under the Fair Labor Standards Act. Because the employers' actions were willful, the employee is awarded $9,894 in liquidated damages. Also, after a reduction in the lodestar amount, he is awarded $19,805 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: March 28, 2024, Case #: 4:19cv626, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, Insurance
J. Oden Johnson finds that the lower court properly granted summary judgment to the gas station seller in a contract dispute over a buyer's agreement to purchase the property for $800,000. The buyer entered into a fuel purchase agreement with the seller, despite already having an existing agreement, but still closed on the property anyway. It clearly breached that part of the contract, so the seller is entitled to rescission of the sale. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221351, Categories: Contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: Construction, Attorney Fees, Contract
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Johnson finds the trial court properly convicted defendant for murder. Multiple witnesses testify to multiple events, including having been robbed by a man in a gorilla mask associated with defendant, having heard defendant's voice screaming in a conflict with another, followed by gunshots, and having had a gun stolen by defendant's accomplice. Though an accomplice was involved, sufficient evidence supports the conviction. Defendant aided the accomplice in an aggravated robbery and is criminally responsible as a party to murder, as the accomplice intentionally caused the victim's death. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 20, 2024, Case #: 09-23-00234-CR, Categories: Evidence, Murder, Accomplice Liability
J. Johnson partially reverses the district court's grant of summary judgment to the transgender weightlifter on her discrimination claims against the powerlifting competition sponsor, affirms its grant of summary judgment to the competition sponsor's purported Minnesota branch and reverses its orders for injunctive relief. Issues of material fact remain as to whether the competition sponsor excluded the weightlifter from its competitions because she was transgender, as well as whether it excluded her for a legitimate business purpose, namely its argument that having gone through male puberty, she would have an unfair competitive advantage due to increased bone density and muscle mass. No questions of material fact remain, however, as to the non-existence of the purported Minnesota branch of the sponsor. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: March 18, 2024, Case #: A23-0373, Categories: Civil Rights, Equal Protection
J. Johnson finds that the district court properly sentenced defendant on his guilty pleas to armed robbery with a firearm, access device fraud, aggravated assault with a firearm, illegal discharge of a firearm during a crime of violence and attempted second degree murder. In this case, there is no evidence that the pleas were improperly entered. Further, defendant was represented by counsel when he pled guilty and, under his plea agreement, he waived his right to appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 15, 2024, Case #: 2023-KA-0632, Categories: Sentencing, Plea
J. Johnson, in this interlocutory appeal, finds the trial court improperly denied the New York law firm's motion for special appearance. The father filed his legal malpractice suit against the firm for its representation in a suit regarding the wrongful death of his son from consuming a particular herbal extract, a circumstance for which the firm professed expertise. The father failed to negate the firm’s challenge to his jurisdictional allegations. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 14, 2024, Case #: 09-23-00201-CV, Categories: Jurisdiction, Wrongful Death, Legal Malpractice
J. Johnson finds that the lower court properly found that an insurance company had a duty to provide coverage in an underlying construct defects dispute. While it is true that under the language of the policy there is a "faulty workmanship exclusion" clause that would deny coverage, there is a loss exception portion of the policy that revives coverage in this case. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: March 14, 2024, Case #: 101892-4, Categories: Insurance
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: Construction, Property, Contract
J. Johnson denies, in part, the employer's motion for summary judgment, ruling the employee's Americans with Disabilities Act claim will proceed because a reasonable jury could find his knee injury, which forced him to wear a brace, caused him to limp, and was exacerbated by sitting or standing, substantially limited a portion of his major life activities and rendered him disabled. However, because a mandatory overtime shift that led to the employee's termination was not covered by Family and Medical Leave Act or any other type of leave, the retaliation claim must be dismissed.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:22cv525, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, Resisting Arrest, Vehicle
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: Civil Rights, Family Law, Immunity
J. Johnson finds that the jury properly determined that a driver did not sustain injuries in a car collision. The driver presented conflicting testimony about her injuries, gave inaccurate statements to her doctor, and did not disclose a myriad of pre-existing health issues. Further, evidence of the driver's recreational drug use was properly admitted to show that the cause of her high blood pressure was because she ingested an ecstasy pill and was not from injuries sustained in the car collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 29, 2024, Case #: 2023-CA-0479, Categories: Evidence, Tort
J. Johnson grants the Department of Energy's motion for summary judgment, ruling testimony from its employees regarding search efforts based on the nonprofit's Freedom of Information Act request, including the search terms used and the documents eventually produced by the search, is sufficient to satisfy the standards required for a document search under the Act.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:23cv343, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Johnson finds that defendant's motion to suppress statements related to sexual battery charges made against him was properly denied. The interview video shows the interrogating officer advise defendant that he was under investigation for a sexual battery charge and that defendant nodded and answered "yes" to understanding the Miranda rights read to him. After defendant signed the waiver of rights form, the officer began to question defendant. Although the questions were repetitive and probing, the officer was not “intimidating or menacing." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 28, 2024, Case #: 23-KA-322, Categories: Evidence, Sex Offender
J. Johnson affirms the district court's finding that the five-year-old is in need of protection or services because of his parents' refusal to continue his chemotherapy treatment, along with the court's orders requiring that treatment and placing the child with his grandmother. Regardless of whether the child's leukemia was "active" at time of trial, the child had a cancerous condition that required treatment, and the county provided sufficient grounds for its contention that chemotherapy was "necessary" or "required" care. The district court's orders requiring chemotherapy also do not violate the parents' constitutional rights to care, custody and control of the child, since the best interests of the child are served by "a treatment plan that is likely to save his life rather than an unspecified alternative plan that is likely to result in his death." Placing the child with the grandmother, with whom the parents are also allowed to reside, subject to conditions, is also justified by a statute requiring that children in temporary protective custody be placed "in the least restrictive setting," and "in closest proximity to the child's family as possible." Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 26, 2024, Case #: A23-1176, Categories: Civil Rights, Family Law