10 results for 'judge:"Taylor"'.
J. Taylor grants an insurer summary judgment in a Lyft driver's claims seeking uninsured motorist benefits following an accident because the policy specifically excludes UIM coverage when the car is available for hire, and the driver had been logged into Lyft's mobile application at the time of the accident. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: April 19, 2024, Case #: 2023-CA-0447-MR, Categories: Insurance
J. Taylor finds the circuit court properly denied the doctor's motions to dismiss and for summary judgment in the patient's lawsuit alleging the doctor failed to inform the patient about her recommendation to the patient's surgeon that the patient's ovaries be removed during surgery to remove part of her colon as treatment for endometriosis. The doctor's argument that she had no duty to inform the patient regarding the removal of her ovaries because she was not the surgeon who actually removed them is not enough to overcome the patient's sufficiently pleaded duty-to-inform claim, and the doctor has not made a facial case for summary judgment in terms of whether her negligence was a cause of the patient's injuries. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Taylor, Filed On: March 21, 2024, Case #: 2023AP000255, Categories: Negligence, Medical Malpractice
J. Taylor denies the Navy's motion for summary judgment on a contractor's action seeking payment for costs incurred due to severe weather. It alleges the government building project design changes on the joint reserve center in Des Moines, Iowa pushed construction into adverse weather periods. Though the government says the contractor signed a release resolving all costs, impact effect and delays arising out of or incidental to changes, material factual disputes remain as to whether the parties had a meeting of the minds as to the substance of the release.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: February 22, 2024, Case #: 63291, Categories: Government, Military, Contract
J. Taylor finds the lower court properly convicted defendant of unlawfully possessing a regulated firearm and ammunition for displaying a handgun during the course of a confrontation with another man in a parking lot. Defendant was sentenced to 10 years incarceration, with five years to serve and three years probation. Evidence in this case was properly admitted and considered, and any possible prejudice is deemed harmless. Affirmed.
Court: The Appellate Court of Maryland, Judge: Taylor, Filed On: November 30, 2023, Case #: 1254, Categories: Evidence, Firearms
[Consolidated.] J. Taylor finds that the Kentucky Open Government Coalition was entitled to cell phone-based emails and text messages sent between present and past members of the Department of Fish and Wildlife Resources Commission under the state Open Records Act. The Commission did not pay for volunteer members' cell phones, but they used their phones to perform public duties. Meanwhile, the Commission did not request personal texts.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: October 27, 2023, Case #: 2022-CA-0170-MR, Categories: Public Record
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J. Taylor sustains the contractor's appeal to recover partial termination for convenience, delay, and constructive changes costs, and the reversal of the government’s assessment of liquidated damages from a contract for the construction of oil water separator systems and the installation of new turbine pit sump pumps inside the powerhouse at the Lower Monumental Dam in Washington state. The government had used the original contract completion date to assess liquidated damages. That date was based on the contractor's installation of the main pump units. Following the partial termination, the contract no longer required performance of that work and the substantial completion date was no longer applicable, and no new contract completion date was established for the non-terminated work. The original completion date was no longer applicable, and the government is not entitled to assess liquidated damages based upon that date.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: August 25, 2023, Case #: 62957, Categories: Energy, Government, Contract
J. Taylor denies the Navy's motion to dismiss this appeal asserting that its demand letter seeking repayment for a specified amount previously paid to the contractor for COVID-related costs was not a contracting officer’s final decision under the Contract Disputes Act. The Navy, having sought services to provide maintenance and operations at the Atlantic Undersea Test & Evaluation Center contends it issued the letter to invite comment on the contractor's refusal to substantiate the COVID related costs. Looking at the totality of correspondence, the Board finds a “stalemate” regarding the allowability of costs had been reached, resulting in the officer’s issuance of the demand letter and effective final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: August 24, 2023, Case #: 63233, Categories: Government, Military, Contract
J. Taylor denies the contractor’s appeal of the contracting officer’s termination for cause of the firm-fixed price commercial items contract to purchase four portable restroom trailers for delivery to Guantanamo Bay. The contract was initially void due to the contractor’s material misrepresentation of the product when making its bid. The Board has no jurisdiction as there is no contract under the Contract Disputes Act.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: June 22, 2023, Case #: 63508, Categories: Government, Military, Contract
J. Taylor denies the Army Corps of Engineers’ motion to dismiss this suit seeking damages of over $1.6 million for the government’s alleged delay of its completion contractor’s performance for the design and construction of quarters and dining facilities at the Naval Support Activity Bahrain. The government terminated the construction contractor’s right to proceed for failing to meet progress schedules which caused permit and scheduling issues with the completion contractor. Events relating to the delay claim are based on a common set of operative facts. The bank has also provided separate sums for its claims resulting from the alleged contract change to other issues resulting from road closure requirements.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: May 24, 2023, Case #: 63278, Categories: Construction, Government, Contract