82 results for 'judge:"Walker"'.
J. Walker finds that the lower court improperly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. The record is insufficient as to counsel's actions in obtaining any excuse for his delay in filing the postconviction petition. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 221644, Categories: Ineffective Assistance, Arson
J. Walker finds that the lower court properly granted the state's petition for pretrial detention of defendant on charges of unlawful possession of a weapon by a felon. Defendant was on parole for armed robbery when he was caught in possession of a loaded firearm in violation of the terms of his parole. Having disregarded the conditions of his release, the court reasonably found defendant could be a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 240154, Categories: Firearms, Robbery, Bail
[Consolidated.] J. Walker refuses to grant petitions for review filed by environmental groups that challenge the Federal Energy Regulator Commission's certification of an expansion of pipelines and facilities for the Evangeline Pass Expansion Project in the Southeastern U.S. The agency reasonably explained its decision, and the certification was reasonable.
Court: DC Circuit, Judge: Walker, Filed On: April 30, 2024, Case #: 22-1101 , Categories: Administrative Law, Energy, Environment
J. Walker finds that the lower court improperly denied the foster parents' motion to stay the change of placement of two child in their care. The foster parents were not given a chance to address the court at a second hearing on the children's placement before the court ordered the children removed from the foster home where they had lived for the last five years. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: April 26, 2024, Case #: 231670, Categories: Family Law
J. Walker reverses the lower court's original order sentencing defendant to 2 to10 years in prison after entering a Kennedy plea the previous February for the death of another motorist she caused in 2014 while driving under the influence. The judge committed plain error and violated Rule 11 of the Rules of Criminal Procedure when he participated in the plea negotiations and caused defendant to detrimentally rely upon his assurance she would be sentenced on home confinement in exchange for her plea. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 25, 2024, Case #: 22-672, Categories: Sentencing, Dui
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J. Walker reverses in part the lower court's order granting injunctive relief to the city for enforcement of a combined $198,150 fine against the construction company and its owner for building and fire code violations issued by the city's municipal court the previous August, and appointment of a special commissioner to oversee sale of the building the construction company used as a rental unit. While the judge did not abuse her discretion by granting the city's request for injunction for enforcement of the judgments, she erred by appointing the special commissioner to move forward with sale of the building without the issuance and return of a writ of fieri facias. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: April 25, 2024, Case #: 22-0503, Categories: Municipal Law, Property, Enforcement Of Judgments
J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: Health Care, Insurance, Contract
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, Tax
J. Walker finds that the district court improperly granted a preliminary injunction barring New York City from using the phrase "medical special operations" in conferences organized for first-responders, as sought by the rescue paramedic who initially brought the idea to the city after he parted ways with organizers. The paramedic had registered the phrase with the patent office, but the phrase was merely descriptive.
Court: 2nd Circuit, Judge: Walker, Filed On: April 16, 2024, Case #: 23-325-cv, Categories: Trademark
J. Walker affirms the lower court's order granting defendant only 30 days for time served while he was on bond on a malicious wounding and wanton endangerment charge arrest. Though the judge erred by not considering the 233 days defendant spent incarcerated following revocation of his bond, the court finds the error harmless since when he was ultimately sentenced on the Raleigh County charges, the judge gave him credit for the time spent awaiting sentencing on the Fayette County charges. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 12, 2024, Case #: 22-759, Categories: Sentencing, Dui, Bribery
J. Walker finds that the lower court properly dismissed the former wife's claim for child support against the former husband's estate. The husband's $500,000 life insurance policy satisfied his financial obligations under the marital settlement agreement, regardless of the proceeds garnered from subsequent life insurance policies. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: March 29, 2024, Case #: 231016, Categories: Insurance, Wills / Probate
J. Walker finds that the district court properly denied a preliminary injunction to enforce a duty to defend under a directors and officers liability insurance policy covering an independent director sued in an adversarial proceeding in bankruptcy court. No abuse of discretion occurred in the denial, as the director sought a mandatory injunction but failed to meet its heightened standards for a clear showing of likely success on the merits and of irreparable harm. Furthermore, the director's entry into a settlement agreement with the bankruptcy trustee did not moot the appeal. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 18, 2024, Case #: 23-690, Categories: Bankruptcy, Insurance, Injunction
J. Walker finds that the district court properly convicted defendant of conspiracy to commit wire fraud, aggravated identity theft and money laundering in a large-scale scheme centered at his tax-prep business, where stolen children's identities allegedly were sold to clients who claimed them as dependent deductions. Defendant challenged the jury instructions on his argument that he withdrew from the conspiracy before indictment, making the charges untimely, but the instructions correctly stated the law and caused him no prejudice. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 15, 2024, Case #: 22-2090, Categories: Tax, Identity Theft, Jury Instructions
J. Walker finds that the district court improperly upheld an enforcement action against a senior partner at a private equity firm accused of breaching fiduciary duties to funds he advised because he could not have reasonably foreseen that his expense reports for phony business expenditures would be paid by the funds and not by his then-employer. Reversed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 13, 2024, Case #: 20-4080-cv, Categories: Securities, Fiduciary Duty
J. Walker reverses the lower court's order denying the social services agency’s motion to dismiss two negligence claims from a woman's suit claiming it violated the West Virginia Child Welfare Act and Human Trafficking Statute, when the child protective services worker assigned to her case lured her into confiding in him and then supplied her with drugs and alcohol and sexually assaulted her at a hotel. The judge erred in not finding the department has qualified immunity since the woman failed either to state a claim in her amended complaint of how the department negligently violated the Child Welfare Act or identify any "bad actors" within the department who failed to properly train and supervise the worker. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: March 5, 2024, Case #: 22-0389, Categories: Government, Immunity, Negligence
Upon remand from the Supreme Court, J. Walker again upholds the district court's dismissal of landowners' challenge to the grant of a certificate to build 300 miles of pipeline from West Virginia to southern Virginia. The district court lacked jurisdiction, as the federal court of appeals had previously ruled on a petition challenging issuance of the certificate. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: February 13, 2024, Case #: 20-5203 , Categories: Energy, Environment, Jurisdiction
J. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Fraud, Jurisdiction
J. Walker grants the government's motion for summary judgment in a negligence suit. A sailor fought with a British sailor at a bar near the base, causing the sailor to suffer severe damage to his left eye. Despite repeated requests to be evacuated to the United States, the Navy said he was cleared to remain on duty. When he finally got back to the U.S. on leave, a doctor found a permanent injury that could have been prevented if he had surgery to repair the eye closer to the time of the incident. The claim is barred by sovereign immunity as it was the Navy doctors' judgment to clear him for work and deny his evacuation request.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: February 6, 2024, Case #: 2:22cv527, NOS: Marine - Contract, Categories: Immunity, Negligence, Military
J. Walker finds the lower court properly denied the defendant's motion to suppress evidence stemming from the execution of a search warrant. The police had probable cause to search his residence because an accomplice to his firearms and drug selling told them they would find a plethora of evidence at his house following a post-arrest interview. Affirmed.
Court: 4th Circuit, Judge: Walker, Filed On: January 25, 2024, Case #: 22-4088, Categories: Drug Offender, Evidence, Firearms