130 results for 'judge:"Wood "'.
J. Wood partially grants the county administrator's, the county's, the ambulance service's and the 911 dispatchers' motions to dismiss a wrongful death and negligence action brought by a widow after her husband went into cardiac arrest and died from an anoxic brain injury. An ambulance did not arrive in response to the widow's 911 calls. The widow's state law claims against the county and other parties in their official capacities are barred by sovereign immunity. However, the widow's claim that the dispatchers deliberately lied in telling her an ambulance would arrive is enough to show an intent to cause harm and a violation of the husband's rights. The widow also sufficiently alleged a causal connection between the supervisors' conduct and the violation of the husband's rights.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 2, 2024, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Due Process, Wrongful Death
J. Wood finds that the lower court properly ordered the six-year-old child returned to Germany in a suit filed by a German mother under the International Child Abduction Remedies Act. The record supports the finding that the child's residence was in Germany at the time the father refused to return the child after his summer visitation time was over. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 30, 2024, Case #: 23-3407, Categories: Family Law, International Law
J. Wood finds that the lower court properly found for Costco in a suit accusing the wholesale store of violating a Wisconsin law that prohibits selling gasoline for less than the statutorily defined cost. However, Costco claims it only lowered its prices to match a competitor's price, which the law allows, and reasonably asserts that its competitors should not be determined simply based on its geographical location, but also on the addresses-of-record of its members given that many members will travel a distance to take advance of the wholesaler's low prices. Further, the plaintiff gas stations have not shown that Costco's gasoline prices actually caused them injury. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 30, 2024, Case #: 23-1800, Categories: Energy, Unfair Competition
J. Wood finds that the lower court improperly denied class certification to a class of pretrial detainees who claim they were denied adequate dental care at the Cook County Jail. While medical care is necessarily individualized, that does not mean that it is never possible to certify a class based on claims of inadequate medical care. The jail's decision not to keep an oral surgeon on staff is a uniform policy that led to treatment delays for all detainees needing dental surgery, and may be addressed by the court in class litigation. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: April 29, 2024, Case #: 23-1312, Categories: Class Action, Prisoners' Rights
J. Wood grants the individual's motion to remand a putative negligence, invasion of privacy and breach of fiduciary duty class action against the hospital back to Coffee County superior court. The individual claimed the hospital violated HIPAA rules and FTC standards by disclosing confidential and protected health information to third parties, including Facebook and Google, via tracking technologies on the hospital's website. Although the individual's action references federal law, the hospital failed to show that the individual's state law claims raise a federal issue. The individual's motion for attorney fees is denied.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 29, 2024, Case #: 5:24cv5, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
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J. Wood finds that the lower court properly dismissed defendant's habeas petition challenging his conviction for murdering his wife. Defendant argues that his counsel was ineffective for failing to discover evidence that cast doubt on an expert witness's testimony against him. However, a state court already found defendant waived this claim by failing to raise it on direct appeal, and the state-court waiver means that he procedurally defaulted the claim for federal-court purposes as well. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 29, 2024, Case #: 23-2125, Categories: Habeas, Ineffective Assistance, Experts
J. Wood partially rules in favor of the employee and the executive in a breach of contract and fiduciary duty action brought by the insurance brokerage firm for violating their employment agreements. The employee's motion for summary judgment is granted as to the firm's claims for breach of non-compete covenant and breach of confidentiality and non-disclosure covenants regarding all clients except one. However, the employee's motion is denied with respect to claims for breach of fiduciary duty, breach of non-solicitation, employee non-interference and confidentiality covenants for information on one client. Genuine issues of fact exist as to whether the employee breached his non-solicitation covenant but undisputed evidence shows that the executive did not breach hers. There is a factual dispute as to whether the executive violated her confidentiality and non-disclosure covenants.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 26, 2024, Case #: 4:23cv54, NOS: Other Contract - Contract, Categories: Employment, Fiduciary Duty, Contract
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: Property, Jurisdiction
J. Wood finds the circuit court properly disqualified defense counsel from the underlying incest and sexual assault of a child case. The attorney and his firm were disqualified because one of the firm's attorneys had worked as a deputy prosecutor on a matter involving the same alleged victim and defendant. No timely screening of the attorney was made and prompt notice was not provided. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 25, 2024, Case #: CR-23-630, Categories: Due Process, Attorney Discipline
J. Wood upholds defendant's guilty plea conviction for domestic battery and terroristic threatening. Defendant's suspended imposition of sentence was revoked for his failure to pay fines, costs and fees, and for his repeated rape of a minor child, which impregnated her. He was then sentenced to 22 years in prison. Witness and victim testimony, as well as DNA testing, support the conviction for rape. Defendant was originally sentenced to 120 months��� suspended imposition of sentence for the terroristic-threatening offense, which exceeded the six-year maximum sentence allowed for a Class D felony. This matter is remanded to correct the sentencing orders. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 24, 2024, Case #: CR-23-496, Categories: Sex Offender, Threats, Battery
J. Wood rules in favor of the city, police colonel and police chief in a malicious prosecution action brought by the individual arising from his arrest for swinging a bottle towards the colonel. The assault, terroristic threats and disorderly conduct charges against the individual were eventually dismissed. The colonel and the police chief are entitled to qualified and official immunity. The colonel had probable cause to arrest the individual and the police chief cannot be held liable under supervisory liability. There is no evidence that either the colonel or police chief acted with actual malice or an actual intent to harm the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 23, 2024, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution
J. Buth finds that the lower court improperly dismissed all the employees' ERISA claims against the company. To the extent the employees seek recovery for conduct taking place after November 2012, the claims are timely. Reversed in part.
Court: 7th Circuit, Judge: Wood, Filed On: April 23, 2024, Case #: 23-1073, Categories: Civil Procedure, Erisa
J. Wood finds the circuit court improperly found for an unsuccessful applicant for a medical marijuana cultivation license. The applicant sought to have a licensee stripped of his license, arguing his application did not comply with merit selection criteria. The challenged licensee was not named as a defendant or joined as a party in the suit. The circuit court erroneously denied his motion to enter the case, as he is an indispensable party. Reversed in part.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 11, 2024, Case #: CV-22-739, Categories: Agriculture, Licensing, Due Process
J. Wood finds the trial court properly convicted defendant for the first-degree battery of his 6-month-old daughter based on sufficient evidence. The hospital discovered 12 to 15 fractures throughout the child's body, a black eye and skin abrasions after defendant took her in for medical care when he found her arm was swollen. Forensic investigators said the injuries were consistent with abuse. Defendant also admitted no other adult was alone with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 10, 2024, Case #: CR-23-539, Categories: Evidence, Battery, Child Victims
J. Wood finds that the lower court properly denied the non-profit group's request to enjoin ongoing construction on the Obama Presidential Center in Chicago's Jackson Park. The group cannot bring a taxpayer derivative action on behalf of the city when the city is a defendant to this suit and opposes the group's claims. Further, this court already rejected the same legal arguments alleging violations of federal environmental laws in prior opinions. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Environment, Tax, Restraining Order
J. Wood finds the lower court properly found in favor of the Secretary of Transportation in this matter concerning the building of the Obama Presidential Center (OPC) in Jackson Park in Chicago. This is the fourth in a series of complaints from the group about the construction of the center on city parkland. The lower court found the project, which is under construction and slated for completion in 2025, does not violate any laws or ordinances. The instant court finds the current case mirrors that of its previous complaint, and brings forth no new information or argument, making it a matter that has already been decided in prior litigation. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 8, 2024, Case #: 22-3190, Categories: Construction, Municipal Law, Zoning
J. Wood finds the county court improperly found for a healthcare company on a doctor's contract claims. The emergency room physician was terminated from the independent contractor agreement after complaints led to findings of his use of nonstandard diagnostics, a lack of candor and having unprofessional interpersonal skills. The court improperly included hearsay statements made by another doctor regarding the physician's not being placed on the work schedule. There is no other admissible evidence in the record that a particular hospital would not allow the physician to work at its locations. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 27, 2024, Case #: CV-22-745, Categories: Health Care, Medical Malpractice, Contract
J. Wood finds that the immigration board properly denied the Honduran immigrants' application for asylum on the basis that they had been persecuted by extortionists in Honduras. The board found no evidence that the extortionists targeted the immigrant because she is a female business owner, and determined that she could avoid future harm by relocating within Honduras. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: March 21, 2024, Case #: 22-3035, Categories: Immigration
J. Wood partially refuses to find in favor of the city and two police officers in a civil rights and negligence action brought by the father after his son's death. The son crashed into a tree during a high-speed chase that occurred after he was stopped by police for a broken tail light. The city is not entitled to sovereign immunity from the father's claims. A reasonable jury could find based on body camera footage that one officer lied about the son having and pulling a gun out of his pocket during the traffic stop. A reasonable jury could also find that the other officer knowingly adopted and perpetuated the first officer's alleged lies and that the officers engaged in the high-speed chase with an intent to physically harm the son. However, the city's motion for summary judgment on the punitive damages claim is granted.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 8, 2024, Case #: 2:22cv30, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Wood partially grants a bank���s motion to dismiss claims by a tax lien trader that it presented her with inaccurate account statements. The lien trader further claims the lien trading platform, the bank and several Florida counties have conspired to lock her lien trading account but continue to trade liens and keep the sale proceeds for themselves without transferring any money into her bank account. The court dismisses all of the lien trader���s numerous allegations, save for one negligence claim over the bank not maintaining accurate records and losing funds that should have been deposited into her account.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: March 7, 2024, Case #: 1:21cv3589, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tax, Negligence, Banking / Lending
J. Wood finds the circuit court properly denied the landowners' petition for a writ of mandamus challenging the county's tax assessment. The county, after a certain time of assessing the owner's timberland as agricultural without structures, learned of a structure that had been built and increased the taxes. The owner's husband represented her without authorization to practice law and, therefore, the petition is a nullity as to her claims. The husband also has not exhausted his administrative remedies. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: March 7, 2024, Case #: CV-23-511, Categories: Administrative Law, Remedies, Tax
J. Wood finds the trial court properly denied defendant's motion to dismiss a charge for domestic battery of her 17-year-old son. Though defendant was originally charged and convicted for multiple acts, a jury deadlocked on the domestic battering charge, resulting in a mistrial. The state retried her on the battery charge, and though she had been found guilty on the other charges, double jeopardy does not bar a retrial of the domestic battering charge. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 6, 2024, Case #: CR-23-418, Categories: Double Jeopardy, Battery
J. Wood finds that the trial court properly ruled in battery claims brought against the school board after a minor was administered a Covid-19 vaccine without parental authorization because the school board is entitled to immunity under the Public Readiness and Emergency Preparedness Act. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: March 5, 2024, Case #: COA23-487, Categories: Immunity, Negligence, Covid-19