28 results for 'judge:"McConnell"'.
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. McConnell finds that a father forfeited his claim that the trial court erred in ordering that his children have the authority to refuse visitation with him. Neither he nor counsel objected to the visitation orders or suggested modifications during the detention hearing or any subsequent hearings. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: March 7, 2024, Case #: D082723, Categories: Family Law
J. McConnell finds the trial court improperly convicted a man for premeditated attempted murder, conspiracy to commit murder and shooting at an occupied vehicle stemming from a gang-related drive-by shooting. The man argues the court erred by allowing the lead investigator to give an improper opinion testimony, because he was not qualified to testify that the man fired a ghost gun, striking the decedent. The jury likely relied on this prejudicial evidentiary error. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 20, 2024, Case #: D080114, Categories: Murder, Sentencing, Conspiracy
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J. McConnell finds the trial court properly found a woman mentally incompetent to stand trial for stabbing another person and lacked the capacity to administer antipsychotic medication to herself. The woman argues the trial counsel failed to object to the order authorizing a state hospital to involuntarily administer the medication. She failed to establish that this would probably result in a different outcome. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 15, 2024, Case #: D081713, Categories: Civil Rights, Mediation
J. McConnell finds that the trial court should have admitted testimony from medical experts regarding the possible relationship between diesel exhaust and non-Hodgkin's lymphoma in a wrongful death case. Though the connection has not been definitely made in scientific literature, the experts' medical training would allow them to bridge the analytical gap. Vacated.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: January 4, 2024, Case #: D082229, Categories: Employment, Experts, Wrongful Death
J. McConnell denies the cancer treatment developer’s petition for a writ of mandamus challenging the trial court’s denial of its motion to dismiss this shareholder dispute as not complying with forum selection clauses in its certificate of incorporation. The trial court properly declined to enforce forum selection after finding that the Delaware Court of Chancery provides no right to a civil jury trial, depriving the shareholder of that right in violation of California public policy. A partial dismissal as sought by the developer would require litigation in multiple, widespread courts, creating a risk of inconsistent findings. The opinion is modified with footnotes addressing the court of appeal’s declining to address new arguments, and there is no change in the judgment.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: October 10, 2023, Case #: D081670, Categories: Judiciary, Securities, Venue
J. McConnell finds that the trial court properly held that the parties' right to have a jury hear their shareholder dispute would be violated if a mandatory forum selection clause were enforced. The Delaware Court of Chancery is the forum designated in the applicable certificate of incorporation, but that forum would not provide the right to a jury trial as required by the California Constitution. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: September 21, 2023, Case #: D081670, Categories: Jury, Securities, Venue
J. McConnell finds that the trial court should have discharged a peremptory writ of mandate that ordered a city to set aside its approval of a project to put utility wires underground in several neighborhoods. The city complied with the writ and the remedial provisions of the Environmental Quality Act as required by the trial court, removing the trial court's jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: August 9, 2023, Case #: D081185, Categories: Environment, Jurisdiction
J. McConnell finds that the trial court properly denied a city writ relief in the city's challenge to a utility district's plan to build a solar project. A five-year delay between the city's complaint and its assertion that the project is ineligible for the state renewable energy self-generation bill credit transfer program supports the determination that laches bar the claim. And the city failed to prove the project is outside the utility district's geographical boundary. Also, substantial evidence supported the utility district's no-feasible-alternative determination. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 12, 2023, Case #: D079956, Categories: Energy, Environment, Zoning
J. McConnell finds that defendant was not entitled to a jury trial on the aggravating factors used to sentence him to the middle term after he pleaded guilty to robbery and admitted to a firearm enhancement. The trial court was within its discretion to impose the middle term since the balance of aggravating and mitigating factors made the lower term contrary to the interest of justice. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 5, 2023, Case #: D080175, Categories: Robbery, Sentencing, Plea
J. McConnell finds that the trial court properly found for the city attorney in a defamation case and properly awarded her attorney fees and costs after she prevailed on an anti-SLAPP motion. The individual who brought the defamation case did not timely file a motion to tax the costs outlined in the city attorney's memorandum of costs. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: June 16, 2023, Case #: D080283, Categories: Anti-slapp, Defamation, Attorney Fees
J. McConnell finds that the trial court properly denied a county's claim for reimbursement from the state for costs associated with Franklin proceedings, which allow youth offenders to present evidence in parole hearings that youth-related factors contributed to their offenses. The county's claim failed because the costs incurred from changes in the penalties for crimes fall within an exception to the mandatory reimbursement law. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: May 16, 2023, Case #: D079742, Categories: Juvenile Law, Parole