155 results for 'judge:"Moore "'.
J. Moore finds that the lower court properly found that the decedent intended to allow his tenant farmer the option to purchase the property following his death, and not just the right of first refusal to purchase the property if the heirs intended to sell the land. Decedent's intent in this regard is supported by the language of the codicil to his will, notwithstanding the use of the language "right of first refusal." Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 9, 2024, Case #: 230152, Categories: Wills / Probate
J. Moore affirms the defendant's second-degree murder conviction, finding that while the district court abused its discretion in admitting evidence that a witness received threatening phone calls from an unknown caller, the defendant has not demonstrated that there was a reasonable possibility that this evidence significantly impacted the verdict. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 8, 2024, Case #: A22-0316, Categories: Evidence, Murder, Witnesses
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. The county court correctly determined there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: Insurance, Attorney Fees, Contract
J. Moore finds that the district court improperly dismissed patent infringement claims concerning electrical outlet covers for lack of jurisdiction because defendant purposely directed patent enforcement activities toward the competing manufacturer in Utah. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: May 2, 2024, Case #: 2023-1184, Categories: Patent, Jurisdiction
J. Moore grants the El Salvadoran immigrant's petition for review of his removal order, ruling the immigration panel erroneously considered him statutorily ineligible for cancellation of removal as a result of his Tennessee domestic violence conviction. That crime does not necessarily involve the use of physical force and, therefore, is not a crime of violence.
Court: 6th Circuit, Judge: Moore, Filed On: April 30, 2024, Case #: 23-3004, Categories: Civil Procedure, Immigration
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J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court���s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: Family Law, Property, Guardianship
J. Moore finds the lower court erroneously granted the village's motion for summary judgment on constitutional claims filed by the advertising company. The "public-service" exemption included in the village's ordinance on off-site billboards is a content-based restriction that requires the application of strict scrutiny. Therefore, because certain types of signs, including those that do not advertise a service or consumer good, are treated differently than those designed to provide information to the public at large, the regulation is unconstitutional and the case will be reinstated to allow the lower court to determine if that portion of the ordinance can be severed. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 19, 2024, Case #: 23-3623, Categories: Constitution, Government, First Amendment
J. Moore finds that the lower court improperly awarded the father visitation, "with the right to delegate his visitation rights" to the paternal grandparents. The ruling was improper, as it was "the equivalent of awarding the paternal grandparents visitation rights," without meeting certain requirements under the Grandparent Visitation Act. Accordingly, the case is remanded with instructions. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: April 19, 2024, Case #: CL-2023-0201, Categories: Civil Procedure, Family Law
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: Evidence, Sentencing, Sex Offender
J. Moore grants an Iraq citizen���s petition for review of denial of his motion to reopen from the board of immigration appeals based on changes in Iraq. The board erred when denying the motion because of the evidence submitted with his prior motions were the same each time. The court vacates the board���s decision and remands it back for further proceedings. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 11, 2024, Case #: 22-3743, Categories: Civil Rights, Immigration, Due Process
J. Moore finds the lower court erroneously denied the voters' request to convene a three-judge court. Their Fourteenth Amendment claim regarding racial gerrymandering in Ohio raised a federal question that established jurisdiction; therefore, the case will be reinstated to allow the lower court to initiate proceedings to convene a three-judge panel. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 9, 2024, Case #: 23-3910, Categories: Constitution, Elections, Jurisdiction
J. Moore affirms the defendant's conviction for second-degree assault. The defendant's statements that he planned to beat the victim were sufficient direct evidence to support the contention that he intended to use a wooden board as a weapon, and the likelihood that the board's use would cause death or great bodily harm was enough to support a jury's conclusion that the board was a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: April 3, 2024, Case #: A22-0172, Categories: Assault, Weapons
J. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: Evidence, Assault, Weapons
J. Moore finds that the lower court properly granted summary judgment in favor of the appellee in this breach of contract lawsuit involving a loan agreement. The appellant contends that California law applies and that the claim was barred by the statute of limitations. However, the court concludes that "the Alabama statute of limitations applies." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 29, 2024, Case #: CL-2023-0234, Categories: Civil Procedure, Contract
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, Damages, Labor / Unions
[Consolidated.] J. Moore finds that the lower court improperly terminated the mother's parental rights to her two children. The evidence does not sufficiently support the findings, as it only consisted of "nine pages of transcript testimony of one witness." The case is accordingly remanded for further proceedings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0809, Categories: Evidence, Family Law
J. Moore finds that the lower court improperly terminated the mother's parental rights to her child. The evidence does not sufficiently show that she abandoned the child or that she failed to provide for the child's needs, as she maintained custody "until DHR intervened" due to an alleged substance abuse problem and she exercised her right to visitation. The matter is remanded, and the lower court is directed to vacate its abandonment finding, as well as the finding that she "failed to provide for the material needs of the child." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0517, Categories: Civil Procedure, Family Law
J. Moore affirms the district court's grant of a new trial to the father convicted of two counts of second-degree felony murder for the death of his son. The State mistakenly presented false expert testimony about a medical fact that its own expert later stated could not be true, namely that macular schisis is exclusively caused by abusive head trauma, and the district court properly applied a test for false or recanted testimony. The defendant also met his burden under that test by demonstrating that the testimony was false, that the jury might have reached a different conclusion without it and that he was surprised by the false testimony. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: March 13, 2024, Case #: A22-0749, Categories: Murder, Experts, Child Victims
J. Moore denies the parties summary judgment in claims seeking insurance coverage for hail damage sustained to the roof of a commercial building because evidence remains in dispute as to whether the roof acted as a barrier to the elements and thus sustained functional and compensable damage.
Court: USDC Colorado, Judge: Moore, Filed On: March 11, 2024, Case #: 1:20cv2443, NOS: Insurance - Contract, Categories: Insurance
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant's stepdaughter, his wife's niece and his own biological niece alleged he improperly touched and exposed himself to them, eventually leading to acts of digital penetration and oral sex. Forensic interviews and other evidence support the convictions. The charges were properly joined due to relatedness and occurrence over a period of time. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-138, Categories: Sex Offender, Due Process, Child Victims
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: Family Law, Due Process, Contract
J. Moore finds that the district court improperly ruled in this dispute over patents related to "improvements in web-based advertising" because genuine issues remain in dispute as to whether the company "establishes characterizations for respective users." Affirmed in part.
Court: Federal Circuit, Judge: Moore, Filed On: March 5, 2024, Case #: 2022-1756, Categories: Patent
J. Moore grants in part the mother's petition for a writ of mandamus, in which she challenges certain pendente lite orders in the underlying custody dispute. The mother's request is granted as to the child-support order, but denied as to the custody order. The lower court "relied exclusively" on the father's motion in determining that the mother should pay him pendente lite child support.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 1, 2024, Case #: CL-2023-0814, Categories: Civil Procedure, Family Law
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: Due Process, Contract
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship
J. Moore finds that the veteran's court properly granted an appeal from an adverse decision regarding the caregiver program because veterans and caregivers had a right to dispute a decision that had been made based on the their inability to attend in-person evaluation. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: February 27, 2024, Case #: 2022-1264, Categories: Veterans