80 results for 'judge:"Walker "'.
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: Administrative Law, Energy
J. Walker grants in part a large online retailer's motion to dismiss copyright claims brought against it and other large companies by an artist for failing to prevent foreign counterfeiters from using her copyright registered photographs in the companies' online marketplaces to sell knockoffs of her designs. The fact that the companies provide technology that can be used to infringe copyrights doesn't automatically make them liable for any copyright infringement using their technology if that technology can also be used, and usually is used, for activities that don't infringe on copyrights. However, the large online retailer may be liable for its failure to ensure that counterfeiters did not continue to infringe on the artist's copyrights after she reported them and the retailer initially removed their counterfeit content.
Court: USDC Maine, Judge: Walker, Filed On: July 28, 2023, Case #: 2:22cv284, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Walker finds that the district court improperly dismissed fraud claims contending defendant misled a restaurant franchiser about a lender's wherewithal to provide a loan and equity investment because the franchiser of such brands as Fatburger and Johnny Rockets established that New York's long-arm and agency statutes applied to out-of-state individuals who conspired with in-state actors.
Court: 2nd Circuit, Judge: Walker, Filed On: July 25, 2023, Case #: 21-2023-cv, Categories: Fraud, Agency, Jurisdiction
J. Walker finds that the district court properly convicted defendant of gang-related racketeering conspiracy, murder in aid of racketeering, and using a firearm during a crime of violence. Defendant contends that intentional murder under New York law, the predicate offense for the firearm count, was not a crime of violence, but the crime requires use of force. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: July 18, 2023, Case #: 21-1486-cr, Categories: Firearms, Murder, Racketeering
J. Walker finds that the district court properly dismissed first amendment claims challenging the prohibition against signs at public meetings held by the governing common council because governmental entities are permitted to regulate participation in limited public forums, and the viewpoint neutral ban was reasonable in light of potential disruption or distraction. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: July 18, 2023, Case #: 22-664-cv, Categories: Government, First Amendment
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J. Walker finds that the board of immigration appeals should have remanded a deportation decision due to ineffective assistance and family hardship. The prior law firm's poor performance was readily recognized, having been the target of several subsequent disciplinary filings, but the prejudicial effect upon plaintiff's hardship claims had not been evaluated. On remand, the board should distinguish between hardship evidence that was previously available and new evidence, and whether the former can form the basis for a prejudice claim.
Court: 2nd Circuit, Judge: Walker, Filed On: July 12, 2023, Case #: 21-6043-ag, Categories: Civil Procedure, Immigration
[Consolidated.] J. Walker finds that the district court improperly convicted defendant based on his guilty plea to concealment money laundering as part of a drug trafficking scheme because defendant had not acknowledged that he tried to conceal proceeds from drug sales, instead commingling proceeds in various bank accounts with sales from the retail corner store he also ran.
Court: 2nd Circuit, Judge: Walker, Filed On: July 6, 2023, Case #: 21-1711(L), Categories: Drug Offender, Plea, Money Laundering
J. Walker finds the circuit court properly granted summary judgment to the UK tailor's shop in this suit brought by the state of Illinois alleging the shop knowingly failed to collect and remit taxes as to special order clothing made in the UK but sold in Illinois. The relator failed to show that the tailor's shop acted with reckless disregard or that it submitted a false record to the state as required to establish a violation under the Illinois False Claims Act. Affirmed.
Court: Illinois Appellate Court, Judge: Walker , Filed On: June 30, 2023, Case #: 1-22-0195, Categories: Tax, False Claims
J. Walker finds that the lower court properly found that former employees did not violate the Trade Secrets Act by soliciting business from seven of the plaintiff staffing company's customers because customer and employee information was readily obtainable from temporary employees. Further, there is no evidence the former employees misrepresented any information to customers. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: June 23, 2023, Case #: 220533, Categories: Fraud, Trade Secrets
J. Walker upholds the district court's rejection of an American wife's constitutional challenge to the denial of a visa for her noncitizen husband. Marriage does not include the right to live in America with a person's spouse. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: June 23, 2023, Case #: 22-5009 , Categories: Constitution, Immigration
[Consolidated.] J. Walker grants, in part, petitions for review filed by companies and associations representing heating, cooling and refrigeration interests on their challenge to the Environmental Protection Agency���s rule to phase out the use of hydrofluorocarbons. The EPA lacked the power to pass two regulations concerning the distribution of HFCs.
Court: DC Circuit, Judge: Walker, Filed On: June 20, 2023, Case #: 21-1251 , Categories: Administrative Law, Environment
J. Walker finds that the district court improperly dismissed claims contending a bank provided financial services to terrorist groups that attacked Americans in Israel between 2001 and 2003. Personal jurisdiction was applicable under New York's long-arm statute because the Palestinian bank maintained U.S. dollar-denominated checking accounts for the groups through a Jordanian bank that had accounts at three New York City banks, which were repeatedly used to pay the families of terrorist "martyrs."
Court: 2nd Circuit, Judge: Walker, Filed On: June 16, 2023, Case #: 20-3849-cv, Categories: Terrorism, Jurisdiction, Banking / Lending
J. Walker reverses the lower court's May 20, 2022, order refusing to adjudicate an Upshur County man as a neglectful parent despite his proven history of abusing methamphetamines. The court finds the judge erred in relying on a prior decision regarding a father's testing positive for methamphetamines which is distinguishable from this case since the father "failed drug screens and admitted to abusing methamphetamine while entrusted as K.R.���s physical custodian." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: June 15, 2023, Case #: 22-0419, Categories: Family Law, Government, Juvenile Law
J. Walker reveres the lower court���s order granting a nursing home parent company���s motion for summary judgment in its former occupational therapist���s wrongful discharge suit following his firing for having a loaded firearm in his car parked on the premises. The court finds material questions of fact remain whether the nursing home conditioned the therapist���s employment on an agreement that he would refrain from keeping his AR-15 locked inside or locked to his car while on its parking lot in violation of the Business Liability Protection Act, a 2018 law that prohibits employers from certain specific actions against someone when that person possesses a firearm legally, including as a condition of employment.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 13, 2023, Case #: 22-0094, Categories: Employment, Business Practices, Firearms
J. Walker affirms in part and reverses in part the lower court���s order denying the correctional agency and two officers��� motion to dismiss the former inmate���s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate���s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 9, 2023, Case #: 21-0905, Categories: Civil Rights, Government, Assault
[Consolidated.] J. Walker vacates the lower court���s order terminating a Pennsylvania couple���s rights to their two adopted children and one biological child following an incident at a relative���s home where the mother became choked one of the adopted sons for singing a song. Though correct to assert temporary jurisdiction, the court finds the judge erred by failed to make a record of her communication with the Pennsylvania court declining jurisdiction prior proceeding to disposition and issuance of her order terminating the parent���s rights. Vacated and remanded with instructions.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 8, 2023, Case #: 22-0384, Categories: Family Law, Jurisdiction, Guardianship