25 results for 'judge:"Rose"'.
J. Rose finds that the trial court improperly granted the state's motion to involuntarily medicate defendant, who was charged with burglary and arson after setting ablaze a six-story apartment building under construction. Defendant had not exhausted all other forms of treatment, and it was not clearly demonstrated that another antipsychotic medication would interfere with defendant's ability to assist counsel. Reversed.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: April 8, 2024, Case #: A-0467-23, Categories: Burglary, Competence, Arson
J. Rose dismisses a case in which a Canadian bakery alleges that an Ohio woman conducted a cyberbullying campaign in which she defamed the establishment to her 16,000 TikTok follows, claiming that her ex-husband who was delinquent on his child support married one of the owners of the bakery. The bakery says her posts generated numerous negative comments and bad reviews. The court lacks diversity jurisdiction.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 21, 2024, Case #: 3:23cv135, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation, Jurisdiction
J. Rose denies the school supplies buyer's motion for judgment on the pleadings, ruling the fraudulent transfer claim may proceed even if the third party involved in the transfer of supplies is a fictitious entity. It is operated by the owner of the buyer and, under Ohio law, such an entity may still have a judgment entered against it. Meanwhile, the seller's motion to dismiss counterclaims is denied because the contract between the parties included an undisputed obligation for a bonus to be paid to the buyer.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 13, 2024, Case #: 3:23cv83, NOS: Other Contract - Contract, Categories: Fraud, Contract
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J. Rose finds municipalities improperly sought to demand that the governor fill long-standing vacancies on the housing council. While the state legislature expected the governor would make appointments, the executive is not obligated to do so within a certain time period. Further, the relief being sought is not ministerial and cannot be addressed via mandamus.
Court: New Jersey Appellate Division, Judge: Rose , Filed On: January 23, 2024, Case #: A-0050-22, Categories: Administrative Law, Housing, Agency
J. Rose finds a lower court improperly dismissed a tele-betting business owner's challenge of the revenue and customs' imposition of certain tax liabilities. Revenue and customs argued that the business owner failed to pay certain taxes after transferring the enterprise to a location in Gibraltar in order to pay lower betting duties. However, the business owner sufficiently showed in court that the transferor of assets was made by the company and not the individual owners. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: November 21, 2023, Case #: 2023UKSC44, Categories: Tax
J. Rose denies, in part, the advertiser's motion to dismiss, ruling the vet clinic's receipt of an unsolicited fax constitutes a concrete injury and gives it standing to pursue claims under the Telephone Consumer Protection Act.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: November 14, 2023, Case #: 3:23cv56, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Rose finds that the family court improperly terminated an incarcerated father's parental rights for violent assaults he committed against his son and placed the children with maternal grandparents in Dubai without the father's consent based on the wrongful conclusion that no alternatives existed. Reversed in part.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: October 25, 2023, Case #: A-1540-21, Categories: Family Law
J. Rose grants the employer's motion for summary judgment, ruling the comment made by a supervisor about the possibility of the employee having to work on Sundays is insufficient to establish a claim for religious discrimination. The supervisor was not in a position to make termination decisions and the employer never instituted a policy that required employees to work instead of going to church. Meanwhile, the employee undertook no protected activity after the conversation with the supervisor and so his retaliation claim also fails as a matter of law and the complaint will be dismissed in its entirety.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: October 25, 2023, Case #: 3:21cv51, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Rose grants the Department of Veterans' Affairs' motion for summary judgment, ruling the black nurse cannot establish a prima facie case of discrimination because she fails to cite any similarly situated employees treated differently for breaches of the department's disciplinary policy. Although several white nurses were not disciplined for being tardy, the black nurse was fired after removing confidential patient information from the facility and making copies of the information, an entirely separate type of violation.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: September 5, 2023, Case #: 3:21cv195, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Rose denies the property owner's motion for a preliminary injunction, ruling he is unlikely to succeed on his equal protection claim stemming from the city's re-zoning denial. His land, currently zoned for agriculture use, cannot be used for operation of an industrial business, which gave the city a legitimate reason to issue a cease-and-desist order. Meanwhile, the property owner has no constitutional right to operate his truck repair business on the agriculturally-zoned land; therefore, his due process claims are also likely to fail.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 31, 2023, Case #: 3:23cv146, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Equal Protection, Injunction
J. Rose grants the lenders' motion for summary judgment, ruling they are able to enforce both the mortgage and the equity line of credit because the statute of limitations did not begin to run until either the acceleration clauses were activated or the loans reached their maturity dates, not when the borrower first missed a payment obligation.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 29, 2023, Case #: 3:22cv209, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Rose denies the Florida-based IT company's motion to dismiss, ruling the trips made by its executives to Ohio during the formation of the joint venture, as well as the number of employees living in Ohio who have conducted work for the company, grant this court jurisdiction under the state's long-arm statute.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 29, 2023, Case #: 3:23cv137, NOS: Stockholders’ Suits - Contract, Categories: Jurisdiction, Contract
J. Rose denies the employer's motion to dismiss, ruling the lack of specific weeks where overtime was accrued but not paid in the class action is not fatal to the FLSA claims, which include sufficient information about the types of patient care tasks performed by the nurses during meal breaks and meet all pleading requirements.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 7, 2023, Case #: 3:23cv69, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
J. Rose denies all parties' motions for summary judgment, ruling that while the robotic development software is based on similar programs, it is distinct enough that it cannot be considered "open-source;" however, because the developer allowed the European clients to make copies of the source code, there are questions of fact as to whether there is a valid copyright claim and neither party is entitled to judgment at this stage.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 3, 2023, Case #: 3:20cv216, NOS: Copyrights - Property Rights, Categories: Copyright, Trade Secrets
J. Rose denies the city's motions to amend the jury's verdict and for a new trial, ruling the issue of whether the detective acted outside the scope of official responsibilities when he targeted and arrested the wrongly imprisoned individual was properly submitted to the jury. Furthermore, the city also filed numerous motions regarding jury instructions on that issue, all of which were dealt with and used to craft the instructions given at the conclusion of the trial.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: July 31, 2023, Case #: 3:13cv416, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Jury
J. Rose denies Walmart's motion for summary judgment, ruling the issue of foreseeability regarding the shopper's injuries must be decided by a jury. A reasonable person would assume there was a risk of injury when the employee shoved a TV box from one side of the shopper's car to the other while the shopper was partially inside the vehicle. Additionally, questions of fact as to whether the shopper asked for assistance or Walmart volunteered to assist her with the TV box also preclude judgment because they will ultimately determine whether Walmart owed her a duty of care.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: July 18, 2023, Case #: 3:20cv282, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence
J. Rose finds a lower court properly dismissed a Palestinian refugee's motion to leave Lebanon in order to live in the U.K. The refugee argued that he is entitled to relief based on the country's public sector equality duty as a vulnerable refugee. However, the public sector equality duty only applies to refugees referred by the United Nations Relief and Works Agency. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: June 29, 2023, Case #: 23UKSC23, Categories: Civil Rights, Immigration
J. Rose grants, in part, the hospital's motion for summary judgment, ruling that because its contract with the mask supplier explicitly required the delivery of 3M N95 masks, the supplier breached the agreement when it sent counterfeit products that had to be returned.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: June 13, 2023, Case #: 3:21cv136, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Health Care, Contract
J. Rose finds that the trial court improperly excluded portions of a video statement in which an eight-year-old accused defendant of sexual abuse because defendant's right to confront witnesses was not dependent on the victim's ability to recall every detail of the alleged abuse, and defendant had the opportunity to probe lapses in the victim's memory during cross-examination. Reversed.
Court: New Jersey Appellate Division, Judge: Rose, Filed On: May 18, 2023, Case #: A-1908-22, Categories: Confrontation, Sex Offender, Child Victims