141 results for 'judge:"Wilson"'.
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: Criminal Procedure, Manslaughter, Vehicle
J. Wilson sets aside the results of the 2022 general election approving Amendment No. 4, which created a constitutional amendment exempting legislation related to police funding from the prohibition against unfunded mandates. Amendment 4's ballot title was inaccurate and misleading because it omitted mention of the fiscal impact the amendment would have on the city, which already provided the higher level of funding voluntarily. This failure to accurately advise voters of the impact of the proposal is an irregularity sufficient to cast doubt on the election. A special election for this question shall be conducted as part of the 2024 general election.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: April 30, 2024, Case #: SC99931, Categories: Constitution, Elections
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, Jurisdiction
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J. Wilson finds that the appellate division improperly dismissed a developer's claims seeking damages for breach of a redevelopment contract based on repudiation. The agreement to turn a single-room-occupancy hotel into a mixed-use residential/commercial building required that the site include some low-income housing, which was complicated by a subsequent court settlement mandating the addition of rent-stabilized units. Written notification stating the property owner could not agree to the latter as altering the parties' original contract supported allegations of anticipatory repudiation. Reversed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 30, Categories: Damages, Contract
J. Wilson finds that defendant was properly convicted and sentenced to life without parole for the murder of a 17-year-old in a drive-by shooting after the teenager allegedly shorted a purchase of Xanax by a group of defendant's friends. Defendant asserts that the state did not prove his guilt beyond a reasonable doubt regarding his specific intent, but the state presented witnesses that placed defendant and his friends in the drive-by shooting, and his testimony shows he felt provoked to kill or help to kill the teenager in retaliation for the failed drug buy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: April 24, 2024, Case #: KA-23-414, Categories: Evidence, Intent, Murder
J. Wilson finds that a mistrial should have been declared in defendant's trial for drug possession after a juror expressed fears that her car had been followed by defendant early on in the proceedings because the juror was "grossly unqualified" by bias and should have been dismissed. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 23, 2024, Case #: 41, Categories: Jury
J. Langhorne Wilson finds that the trial court properly rejected an ambulance employee's argument against the retroactive application of a statute requiring emergency ambulance workers to remain on call during rest breaks. The retroactivity of the Emergency Ambulance Employee Safety and Preparedness Act was confirmed by the state supreme court and the constitutionality of retroactive application was confirmed by an appeals court. Also, the trial court was within its discretion to impose a $2,000 sanction against the employee's lawyer, whose argument lacked legal merit. Affirmed.
Court: California Courts Of Appeal, Judge: Langhorne Wilson, Filed On: April 4, 2024, Case #: A167098, Categories: Sanctions, Labor
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: Government, Jurisdiction, Contract
[Modified.] J. Wilson modifies three paragraphs and denies a rehearing with no change in judgment. The trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: April 2, 2024, Case #: H050042, Categories: Fraud, Unfair Competition, Technology
J. Wilson finds that the trial court properly transferred the individual from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice's Institutional Division to complete his sentence for felony aggravated robbery. There was no abuse of discretion in the ruling based on the seriousness of the offense and "appellant's prior adjudicated juvenile criminal history." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 28, 2024, Case #: 14-23-00078-CV, Categories: Jurisdiction, Juvenile Law
J. Wilson finds that the trial court properly sustained the exception of no right of action in the estate's breach of contract claim involving the lack of insurance provided to a doctor who was sued for medical malpractice by the decedent's husband, who won a $2.8 million judgment but has yet to collect on it. The husband has no right of action since he was not a third-party beneficiary to the contract between the doctor and physicians group. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: March 27, 2024, Case #: CA-23-527, Categories: Medical Malpractice, Contract
J. Wilson vacates the Environmental Protection Agency's order prohibiting the plastic container manufacturer from producing toxic long-chain perfluoroalkyls through its fluorination process. The EPA exceeded its statutory authority, and it may not skirt Administrative Procedure Act framework by arbitrarily deeming the company's decades-old fluorination process a “significant new use.” Reversed.
Court: 5th Circuit, Judge: Wilson , Filed On: March 21, 2024, Case #: 23-60620, Categories: Administrative Law, Environment, Agency
J. Wilson finds that the appellate term properly dismissed an indictment against defendant on speedy-trial grounds. Although the trial court, reacting to multiple requests for ongoing postponement by the prosecution, did not schedule the specific successive dates offered, the time delay still needed to be charged to the prosecution because no reasons were given for any of the requested post-readiness adjournments. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: March 21, 2024, Case #: 28, Categories: Speedy Trial
J. Wilson finds the district court properly found the corrections officer violated the inmate's constitutional rights but is entitled to qualified immunity. The inmate was assaulted by his cellmate and brought this suit alleging deliberate indifference. The officer testified he questioned inmates after hearing an argument, with both confirming no further conflict existed. If the district court, as alleged, abused its discretion in excluding evidence of the officer's ensuing disciplinary action, the inmate still fails to show any error prejudiced his substantial rights. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: March 20, 2024, Case #: 22-10483, Categories: Evidence, Police Misconduct, Prisoners' Rights
J. Wilson finds that the appellate division improperly rejected a third request to amend a complaint to cure a shortcoming that led to dismissal in an earlier appeal. Since requests to amend are generally granted, no abuse of discretion occurred in authorizing one, even on appellate division dismissal, because the lower court retained the power to allow amendment to cure the defect found on appeal. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: March 19, 2024, Case #: 17, Categories: Civil Procedure
J. Wilson finds the trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: March 15, 2024, Case #: H050042, Categories: Fraud, Unfair Competition, Technology
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: Arbitration, Construction, Contract
J. Wilson reverses the trial court's award of $88,000 in damages and $8,900 in attorney fees in an operating agreement dispute between bitcoin companies. The Delaware court order upon which the trial court based its award of damages was not properly domesticated for enforcement in Texas, and the attorney fees are not supported by evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 12, 2024, Case #: 14-22-00633-CV, Categories: Corporations, Damages, Attorney Fees
J. Wilson grants the government's motion to dismiss this appeal. The contractor, which had an indefinite delivery and quantity contract for architectural and engineering services involving the design of military and civil projects within the Great Lakes and Ohio River Division Mission Boundaries, failed to file its appeal within 90 days of receiving the contracting officer’s final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 7, 2024, Case #: 63515, Categories: Government, Due Process, Contract
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: Government, Due Process, Contract
J. Wilson finds a lower court properly sentenced a defendant to a 40 year to life sentence after he was convicted for murder. The defendant argued that he is entitled to a sentencing modification, and that he never received a reply from the court clerk. However, the government sufficiently showed in court that he received an order in the mail and that his claims are untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
J. Wilson finds a lower court properly dismissed a defendant's motion for a life sentence modification. The defendant, who is serving a life sentence for a murder conviction, argued that he never received correspondence concerning the denial of his motion. However, the state presented sufficient evidence in court that a clerk's notation was forwarded to him. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
J. Wilson finds that the district court properly sentenced defendant to 60 months of imprisonment and three years of supervised release following his guilty plea to conspiracy for stealing and reselling luxury cars. The plea agreement was unambiguous. The record shows that defendant understood that the agreement in which the government promised to recommend a 60-month custodial sentence did not prohibit the government from also recommending supervised release despite the absence of a supervised release provision. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: February 29, 2024, Case #: 22-12826, Categories: Sentencing, Conspiracy, Plea
J. Wilson finds that the trial court improperly granted no-evidence summary judgment in favor of the aluminum company in the family members' wrongful death and survival claims involving their loved one's death from asbestosis due to being exposed to asbestos fibers from her husband's work clothes. The family members gave "direct, scientifically reliable proof of causation," specifically that the aluminum plant was the source of the asbestos to which the decedent was exposed. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: February 27, 2024, Case #: 14-22-00417-CV, Categories: Evidence, Wrongful Death, Asbestos
J. Wilson grants the SEC's motion for monetary remedies and injunctive relief for its complaint that the company owner engaged in a fraudulent investment scheme by hiding his criminal history from investors, combining personal and investment funds, misrepresenting his returns, and buying property with investment funds. The SEC shows that the company owner is likely to commit fraud in the future, because he defrauded multiple investors over several years and there is evidence that he is still soliciting victims during this case.
Court: USDC Central District of California, Judge: Wilson, Filed On: February 23, 2024, Case #: 8:19cv1174, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Injunction