102 results for 'judge:"Wright "'.
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: Tort, Negligence, Contract
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: Property, Attorney Fees
J. Wright grants the bank's motion to strike the mortgagor's complaint seeking to invalidate two foreclosure sales of a duplex. The mortgagor, proceeding pro se, has not complied with the court's rules and orders, forcing the bank to delay discovery.
Court: USDC Minnesota, Judge: Wright, Filed On: April 15, 2024, Case #: 0:23cv271, NOS: Foreclosure - Real Property, Categories: Banking / Lending, Foreclosure
J. Wright finds that the lower court improperly dismissed this action for lack of jurisdiction because the estate's personal representative was not joined as a party to the case. The family members claim they have direct rights in non-probate assets prior to the granddaughter's alleged wrongdoing, and so the estate is not a necessary party. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 9, 2024, Case #: ED111819, Categories: Wills / Probate
J. Wright finds the trial court properly revoked defendant's probation from his guilty plea conviction for sexual assault. Defendant failed to obtain a sex offender driver���s license and install a locator on his phone, missed multiple drug tests, contacted multiple women, including the victim, and failed to make required payments. Text messages from defendant's burner phone were properly admitted. The messages were not offered to prove the truth of the matter asserted, but to show context, and, so, were not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-22-00058-CR, Categories: Drug Offender, Evidence, Sex Offender
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J. Wright finds the trial court properly convicted defendant for aggravated assault against a public servant. A motorist who defendant threatened to shoot reported the incident. Patrol vehicle video shows defendant shot at the officer when he arrived. Evidence did not raise a fact issue that would have allowed the jury to conclude defendant was guilty of the lesser-included offense of reckless conduct. The court properly denied defendant's request for a charge on the lesser-included offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-23-00045-CR, Categories: Firearms, Sentencing, Assault
J. Wright denies in part the county's motion to dismiss allegations that deputies arrested an individual with Alzheimer's and dementia and did not provide the individual with his necessary daily medications, placed him in general population without monitoring, and did not take him to the hospital as promised, leading to his death. The family's violation of the Fourteenth Amendment claims for failure to protect from harm, failure to provide medical care, and deprivation of the right to familial relationship with decedent will continue. The family has sufficiently alleged that the county "failed to take reasonable action to summon medical care in the several days leading up to" decedent's death.
Court: USDC Central District of California, Judge: Wright, Filed On: March 26, 2024, Case #: 2:23cv5586, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Wright grants in part a global nutrition company's and denies a technology company's cross-motions for summary judgment regarding allegations of breach of the parties' agreements. The technology company has not shown that the master services agreement limits the nutrition company's remedies in the event of a breach. The nutrition company "raises genuine disputes of material fact regarding whether the [technology company] committed fraud by concealment." The nutrition company "establishes that the statute of frauds bars [the technology company's] cause of action for breach of verbal agreements." The technology company has not shown that the nutrition company violated either the NDA or the enterprise license agreement.
Court: USDC Central District of California, Judge: Wright, Filed On: March 18, 2024, Case #: 2:22cv347, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Contract
J. Wright finds that the lower court improperly denied the tenant's motion to set aside a default judgment in a breach of lease suit. The tenant had good cause for failing to respond to the petition and the motion to set aside the default judgment was filed within a reasonable time. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 12, 2024, Case #: ED111898, Categories: Landlord Tenant
J. Wright finds the trial court properly convicted defendant for the capital murder of her 18-month-old son. Defendant, wet, as if just having showered, arrived at the outpatient facility with her son in her arms. Employees testified defendant was in distress, telling them her son would not wake up. Injuries were observed on the child's body consistent with abuse, including bruises on the child's face in the shape of the mother's handprint. Rigor also indicated the child had been dead for a period of time. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00255-CR, Categories: Evidence, Murder, Child Victims
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of a child. The victim testified defendant was in a relationship with her older sister when the victim was 11 or 12 years old. She said defendant eventually began grabbing her breast and touching her vagina, with the behavior escalating to sexual intercourse. She also testified defendant bought her a cell phone in order to facilitate their encounters. The victim then told her friends, who began recording the conversations, eventually playing the recordings for the victim's mother. Ample evidence supports the conviction. All evidence was properly admitted, and no abuse of discretion is found in the court's denial of defendant's motions for mistrial for failure to disclose. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00386-CR, Categories: Evidence, Sex Offender, Child Victims
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of his 8-year-old daughter and 12-year-old stepdaughter. The girls revealed certain abuse to their mother on the same day one had been caught with drugs, as an explanation for why she was doing drugs. Though defense counsel was admonished for his badgering tone when questioning one of the girls about why she did not reveal she was also abused, and did not rephrase his question, ample evidence and testimony support the conviction. The trial court did not comment on the weight of the evidence or limit defendant's ability to cross-examine. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-23-00049-CR, Categories: Evidence, Sex Offender, Child Victims
J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: Insurance, Jurisdiction, Contract
J. Wright grants an estate planner motion to transfer this contract dispute to Maryland federal court. The factor of convenience and justice for witnesses, familiarity with the governing law, litigation cost and compulsory process favors the transfer. Therefore, all dates and deadlines shall be vacated, and the clerk of court shall transfer the case.
Court: USDC Maryland, Judge: Wright, Filed On: March 1, 2024, Case #: 1:24cv625, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Wright grants an airline's motion to stay a wage and hour class action pending resolution of an earlier-filed employment class action in USDC Southern District of California of similarly situated employees. There is substantial similarity between the issues and parties of the first action filed, therefore the first-to-file rule applies. A venue transfer would be inappropriate. Continuing the discovery process solely for the retaliation claims "would require duplicative discovery and pose the risk of conflicting judgments."
Court: USDC Central District of California, Judge: Wright, Filed On: February 28, 2024, Case #: 2:23cv8742, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Wright denies the hotel owner's motion for prejudgment attachment of the $2.4 million down payment it made for an embattled construction project. The parties' agreement stated that the payment was non-refundable, and there is evidence that it was spent on the project. Additionally, the owner has not sufficiently demonstrated that the circumstances create a risk to collectibility of any judgment, nor that the harm suffered by the hotel owner if the payment is not returned would be greater than the harm suffered by the contractor if it s.
Court: USDC Minnesota, Judge: Wright, Filed On: February 27, 2024, Case #: 0:23cv2649, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Wright finds the county court properly revoked defendant's community supervision. Defendant violated the terms of his community supervision by drinking alcohol, failing to submit to drug tests and by assaulting his mother. He says the court erroneously believed he was on community supervision for assaulting his mother, when in fact it was for assaulting his mother's domestic partner. A previous assault on his mother was correctly one of the grounds for revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 21, 2024, Case #: 09-23-00056-CR, Categories: Evidence, Probation, Assault
J. Wright grants an individual's motion to set aside default and grants in part a perishable agricultural commodities company's motion for default judgment. The company alleges that the buyer has not paid invoices. The individual alleges that he was not properly served and the company has not shown that the individual acted in bad faith. The company's motion for default judgment against the individual is denied as moot. The company alleges that it sold and shipped perishable agricultural commodities to the buyer, and its motion for default judgment is granted on the claims that have been adequately alleged.
Court: USDC Central District of California, Judge: Wright, Filed On: February 20, 2024, Case #: 8:23cv410, NOS: Agricultural Acts - Other Suits, Categories: Agriculture, Contract
J. Wright grants a roofing company's motion to set aside default and denies a construction company's motion for default judgment in a contract dispute. The construction company alleges that the roofing company performed defective work in a construction project for an arts and recreation center. The construction company terminated the contract and hired a third party to complete the roof. The roofing company has said that its delay in responding was due to a clerical error and that it is interested in working toward a resolution or settlement in the matter. The construction company's motion for default judgment is denied for the same reasons as its first order denying the same request; the construction company has not provided any further specific context in its renewed motion.
Court: USDC Central District of California, Judge: Wright, Filed On: February 20, 2024, Case #: 2:20cv3432, NOS: Other Contract - Contract, Categories: Contract
J. Wright finds the county court properly denied the ex-wife's request for interest accrued on brokerage accounts she was awarded in the divorce settlement. During the husband's appeal, the wife was denied access to the accounts and then sought interest for that period. The court properly asserted the awards of the accounts were not money judgments. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 15, 2024, Case #: 09-21-00183-CV, Categories: Family Law, Banking / Lending
J. Wright finds the trial court properly denied the dog purchaser's Consumer Protection Act-based motion to dismiss the seller's defamation counterclaim. After a dog purchase agreement soured, the purchaser filed suit for infliction of emotional distress and published allegedly defaming statements about the seller on social media. The seller's motion for sanctions is not a legal action according to the Act, which is not applicable. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 8, 2024, Case #: 09-23-00214-CV, Categories: Sanctions, Defamation, Contract
J. Wright partially grants the optical medical supplier's motion for post-judgment relief in a successful action against it under the False Claims Act and Anti-Kickback Statute. The motion is granted regarding a claim related to one doctor's trip to New York, since there is insufficient evidence to support the jury's verdict regarding this trip, and insofar as the penalties imposed under the False Claims Act violate the Excessive Fines Clause. The motion is otherwise denied, and judgment is reduced to the amount of $216,675,248.55.
Court: USDC Minnesota, Judge: Wright, Filed On: February 8, 2024, Case #: 0:13cv3003, NOS: False Claims Act - Torts - Personal Injury, Categories: Damages, False Claims
J. Wright grants the insurer's motion to dismiss the school district's claims against it in a suit alleging that its insured, a construction company, allowed rainwater to accumulate near its construction site and damage a school gymnasium. The school has not established that an exception to the rain-damage exclusion in the insured's policy exists to warrant coverage of the damage to the gymnasium.
Court: USDC Minnesota, Judge: Wright, Filed On: February 6, 2024, Case #: 0:23cv2047, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, Class Action
J. Wright finds the trial court properly denied defendant's motion for post-conviction DNA testing. Convicted of capital murder, defendant says a DNA testing technology that was unavailable during his trial may have shown exculpatory results. He challenges the state's use of a dog scent lineup, which established his scent on the deceased infant's clothing, citing a Texas Monthly article to support his claim such a lineup is ���Junk Voo Doo Science.��� He presents no new DNA evidence to be tested. In addition to the ���dog-sniff��� evidence, the jury also used eye-witness testimony and circumstantial evidence. Any new DNA evidence would not overturn the conviction by a preponderance of evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00304-CR, Categories: Dna, Murder, Child Victims
J. Wright finds the trial court properly excluded evidence in its conviction of defendant for aggravated sexual assault. Defendant was arrested after his wife's younger sister accused him of an assault that occurred during a family gathering. The court excluded a TikTok video made by the victim but allowed defendant to ask about the video. Witness testimony was also admitted that challenged the victim's credibility in the same way defendant says the video would challenge her credibility. There is no harm in excluding evidence if the same or similar evidence was elicited from another source. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00409-CR, Categories: Evidence, Sex Offender
J. Wright finds the trial court properly convicted defendant for money laundering following a traffic stop, during which the officer observed marijuana residue in defendant's vehicle and found drugs and $93,000 in cash. The trial court denied defendant's motion to set bail pending the resolution of his appeal. Because of the nature of the offense, and defendant's arrests before and after his arrest here, the trial court reasonably found he would likely commit another offense and properly denied bail. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00115-CR, Categories: Drug Offender, Bail, Money Laundering
[Consolidated] J. Wright finds the trial court properly convicted defendant for sexual assault of a child and continuous sexual abuse of a young child. Officers investigated defendant after receiving an anonymous report he was living with two underage girls. Police discovered he had been engaged in sexual a relationship with a14-year-old, and with a 16-year-old who was pregnant with his child. Defendant represented himself at trial and claimed the girls lied about their ages. The victims did not testify at trial and defendant had no right to confrontation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00117-CR, Categories: Sex Offender, Due Process, Child Victims
J. Wright grants a broker-dealer's motion to dismiss a contract dispute with an asset management company. The company and broker entered into a deal where the broker would introduce investors to the management company in exchange for a solicitation fee. The broker alleges that the management company did not pay the fee, rendering the agreement unlawful and void. The management company seeks a judicial declaration that it has no contractual obligation to pay the broker the solicitation fees and that federal securities laws prohibit the payment of such fees. The management company "has needlessly multiplied this litigation vexatiously by removing the First Action, not defending it, removing the Second Action, and then filing a third separate action rather than asserting counterclaims in the Second Action."
Court: USDC Central District of California, Judge: Wright, Filed On: January 30, 2024, Case #: 2:23cv4483, NOS: Other Contract - Contract, Categories: Contract
J. Wright grants the catheter-system patent claimant's motion to enforce a settlement in its suit against the medical device company. The company's uncontested response of "agreed" to a judge's email detailing the terms of the proposed settlement and a subsequent letter stating that the parties had agreed to settle this matter in principle are sufficient to confirm its agreement to the settlement terms and render the settlement enforceable.
Court: USDC Minnesota, Judge: Wright, Filed On: January 18, 2024, Case #: 0:17cv5096, NOS: Patent - Property Rights, Categories: Patent, Settlements