147 results for 'judge:"Wilson"'.
J. Wilson denies the employee's petition for review of the administrative review board's decision upholding the administrative law judge's ruling in favor of the employer on the employee's OSHA complaint. The employee alleged that the employer violated the Sarbanes-Oxley Act by firing him for reporting inaccuracies in sales data which he believed violated SEC regulations. The review board correctly found that there was no genuine issue of fact as to whether the employee engaged in protected whistleblower activity. The employee failed to present sufficient evidence to support an inference that a reasonable person in his position would have believed the employer's conduct violated the Act.
Court: 11th Circuit, Judge: Wilson, Filed On: September 25, 2023, Case #: 20-14214, Categories: Employment, Whistleblowers
J. Wilson allows plaintiff to continue Monell liability claims contending police officers let their K-9 bite and gnaw on his leg while serving a warrant for his arrest, despite knowing about his history of mental illness. Plaintiff properly pleaded the township was responsible for one officer's actions in his capacity as director of public safety on grounds that he "created an atmosphere" encouraging excessive force "by hanging a gladiator mask in the department and having new hires take a picture with it, designing a t-shirt to be worn at a community event that depicted a skull with guns, and allowing a 'use of force training officer' to hang a cartoon vigilante character's mask in his office."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: September 22, 2023, Case #: 1:22cv982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Wilson remands this permissive interlocutory appeal with instructions to the district court to dismiss the housing advocate's disparate impact race claim. The district court allowed the race claim to proceed on the certified question of whether the “predictably will cause” standard for FHA disparate-impact claims remains viable after a decision in a guiding case. The housing advocate has not alleged a cognizable injury and lacks standing to bring the claims. Being that the district court lacked jurisdiction, the certified question cannot be answered.
Court: 5th Circuit, Judge: Wilson , Filed On: September 14, 2023, Case #: 22-30609, Categories: Civil Rights, Housing, Jurisdiction
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J. Wilson finds that the 11th Circuit lacks jurisdiction to consider whether the district court properly denied the holding company's motion to voluntarily dismiss the pipeline company from a third-party action arising after the city sued the holding company and two other entities to recover costs and damages related to soil contamination near a gas plant. The third-party action alleged that the pipeline company and others were liable for the release of pollutants. Parties who voluntarily dismissed their claims through joint stipulations did not all obtain signatures from all parties who appeared in the case, therefore the dismissals were ineffective and the claims remain before the district court. The judgment is not final on all of the claims.
Court: 11th Circuit, Judge: Wilson, Filed On: September 13, 2023, Case #: 22-12419, Categories: Civil Procedure, Environment
J. Davidson grants a hemp manufacturer's motion for a preliminary injunction allowing Delta THC to be produced, stating the new state law prohibiting it violates federal law allowing production. The law is also vague and, if enforced, could make them subject to criminal sanctions and financial loss.
Court: USDC Eastern District of Arkansas , Judge: Wilson, Filed On: September 7, 2023, Case #: 4:23cv718, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Choice Of Law, Business Practices
J. Wilson finds defendant did not timely file his notice of appeal. Defendant pleaded guilty to two counts of aggravated assault, three counts of domestic assault, three counts of vandalism, one count of false imprisonment, and one count of violating an order of protection. The trial court sentenced him to 11 months and 29 days for his misdemeanor counts, and six years in the Tennessee Department of Corrections for the aggravated assault convictions to run consecutively. Defendant claims he received ineffective assistance of trial counsel, as he did not understand the consequences of his guilty plea. On appeal, the post-conviction court found no deficiency in his representation. The instant court finds defendant filed his notice of appeal after the filing deadline and will not be considered. Dismissed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: September 6, 2023, Case #: W2022-01597-CCA-R3-PC, Categories: Ineffective Assistance, Assault, Plea
J. Wilson finds that the district court properly denied defendant's habeas petition for relief from his death sentence for murder. Defendant failed to show that he was prejudiced by his sentencing counsel's failure to present additional evidence about his mental state at the time of the crime or his bipolar disorder. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 5, 2023, Case #: 22-10329, Categories: Death Penalty, Habeas, Murder
J. Wilson finds the trial court properly convicted defendant for conspiracy to possess a controlled substance with the intent to distribute. Working as an enforcer for a sociopathic drug dealer, defendant was ejected from the drug enterprise (a former hotel) after raping an overdosing woman, caught on camera making the sign of the cross afterward. The sociopathic dealer was later arrested, and that footage was used in the case against the principles of the hotel. Defendant's conviction hinges on his knowledge of the scope of events. "Overwhelming" evidence showed that he “knew or should have known [what] was involved in the conspiracy...” He ran his own "trap room" selling cocaine base, also serving as security for the hotel and as an enforcer and bagger for the dealer. He would have been privy to each of the rooms and known what was being sold. He bagged cocaine and facilitated its distribution, and based on his involvement in the broader enterprise, his own drug dealing, and his work for others, it is certain that he knew the conspiracy involved at least 280 grams of cocaine base. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: September 1, 2023, Case #: 22-10460, Categories: Drug Offender, Conspiracy
J. Wilson finds the district court improperly found that the insurance companies owe coverage to the strip clubs who were sued for using the professional models’ likenesses for advertising campaigns without consent. An “exhibition and related marketing exclusion” in both policies negates coverage for claims alleged by the models. The insurance companies do not have a duty to defend or indemnify the clubs in the underlying lawsuit. Reversed and rendered.
Court: 5th Circuit, Judge: Wilson, Filed On: August 25, 2023, Case #: 22-20473, Categories: Insurance, Indemnification, False Advertising
J. Wilson finds that the trial court improperly granted the special appearance of the Canadian corporation accused of scraping and copying obituary information from the Dignity Memorial Websites. The evidence did not support the finding that the Canadian corporation negated specific jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00077-CV, Categories: Jurisdiction, Contract
J. Wilson finds that the trial court improperly denied summary judgment to the city in a suit stemming from a crash between a fire engine and another vehicle. The city established the elements of its official immunity defense, including that the fire engine operator's actions were discretionary and that he was acting in good faith when the incident happened. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00368-CV, Categories: Tort, Immunity, Negligence
[Consolidated.] J. Wilson finds the trial court properly ruled in favor of the government on this False Claims Act suit involving the management firm’s overbilling for Medicare reimbursements over a 12-year period. Though the government’s continuing requests for extensions resulted in eight years of delays, this is not cause to dismiss. Case law cited by the management firm does not support its argument for dismissal. Though, because the government fails to invoke tolling according to the FCA, the act’s statute of limitations bars its claims from accruing six years prior to filing its first intervenor complaint. Damages must be remitted accordingly. Affirmed in part. Reversed in part and remanded. The consolidated appeal is dismissed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 21, 2023, Case #: 21-60568, Categories: Government, Medicare, False Claims
J. Wilson finds the bankruptcy court properly applied law-of-the-case doctrine in granting summary judgment to the investment company which held the note on the other investment company’s building, which was being foreclosed-upon during that company’s bankruptcy proceedings. A cited, prior bankruptcy court order is internally contradictory and not instructive on whether it actually decided the correct amount that the company owed to the note holder. The court defers to the bankruptcy court’s reasonable interpretation that the company did own money. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 18, 2023, Case #: 22-30602, Categories: Bankruptcy, Debt Collection, Foreclosure
J. Wilson finds that the trial court properly ruled in favor of the insurers on a homeowner's suit involving a claim for damage resulting from Winter Storm Uri. The language of the policy limited coverage for freeze-related water damage to $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 17, 2023, Case #: 14-22-00680-CV, Categories: Insurance, Contract
J. Wilson finds that the lower court improperly ruled in favor of the decedent's independent executrix in a property dispute involving the collection of rent from the decedent's stepson. Based on the language of the deed, full title to the property was passed to the stepson, and rent should not have been awarded to the executrix. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 17, 2023, Case #: 14-22-00080-CV, Categories: Property, Wills / Probate
J. Wilson finds that the district court properly convicted defendant of structuring to evade reporting requirements. Defendant illegally structured two land-sale contract payments. There was sufficient evidence to support defendant's conviction, including evidence that he structured deposits to avoid reporting requirements by making 22 separate deposits under $10,000 over the course of seven days. The district court correctly instructed the jury. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: August 17, 2023, Case #: 22-10947, Categories: Banking / Lending
J. Wilson finds the trial court properly found that the officer is protected by qualified immunity for shooting the driver six times. The officer attempted to pull the man over to conduct an investigatory stop and was led on a slow-speed chase through red lights and people’s yards, ending with the driver reaching into the bed of this truck after he was told to show his hands. The officer did not know that the man’s hands were empty when he shot him, and his belief that he was reaching for a weapon entitles him to immunity. Affirmed
Court: 5th Circuit, Judge: Wilson, Filed On: August 17, 2023, Case #: 22-30329, Categories: Civil Rights, Immunity, Police Misconduct
J. Wilson dismisses the author’s claim that Amazon changed the plot of its prequel show “Rings of Power” based on the author’s book, “The Fellowship of the King,” which was an unauthorized sequel to J.R.R. Tolkien’s “Lord of the Rings” series. The author’s product is an unauthorized derivative work, and thus not protected by copyright. Tolkien’s grandson denied the author’s requests to grant him license to make his book an official sequel to Tolkien’s fantasy trilogy. Also, the author does not identify any of his newly created characters that supposedly appeared in the “Rings of Power.”
Court: USDC Central District of California, Judge: Wilson, Filed On: August 14, 2023, Case #: 2:23cv2831, NOS: Copyrights - Property Rights, Categories: Copyright
J. Wilson finds the lower court properly convicted defendant on three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a felony, and sentenced him to three concurrent sentences of 11 years on the drug counts and a consecutive four-year sentence for the firearm convictions. While defendant argues his sentence is excessive, the instant court finds the lower court did not abuse its discretion when it considered defendant’s past behavior and convictions when deciding his sentence and imposed a sentence that is within the statutory range. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 9, 2023, Case #: W2023-00086-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing
J. Wilson finds an administrative law judge properly denied an employee workers’ compensation benefits. An employee filed a workers’ compensation claim seeking temporary total disability benefits, permanent partial disability benefits and medical treatment for injuries she claimed she incurred as the result of contracting Covid-19 while working as a nurse at a short and long term care facility. An administrative law judge denied her benefits, finding that she failed to prove her claims, that there was no evidence presented to indicate that she contracted Covid-19 while at work and that the employee was not diagnosed with a blood clot in her leg. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: August 8, 2023, Case #: 2021-WC-01403-COA, Categories: Workers' Compensation
J. Wilson finds the lower court properly convicted defendant of second-degree murder for shooting and killing a man in the head as he sat in his car in a parking lot. While defendant argues that the evidence presented supports a conviction of manslaughter, the instant court finds evidence is sufficient to support his conviction of second-degree murder and sentence of 30 years in the custody of the Mississippi Department of Corrections. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: August 8, 2023, Case #: 2021-KA-01375-COA, Categories: Evidence, Murder
J. Wilson finds that defendant was properly convicted of aggravated assault relating to the death of a restaurant owner. The evidence that the victim's two sons had a "falling out" did not warrant a new trial, and defendant did not give evidence showing he was "entitled to a self-defense jury instruction." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 8, 2023, Case #: 14-21-00461-CR, Categories: Evidence, Assault, Self Defense
J. Wilson finds the lower court properly dismissed defendant’s petition for writ of habeas corpus. Defendant was found guilty of two counts of attempted first-degree murder and received an effective 47-year sentence. Defendant argues the trial court lacked subject matter jurisdiction, and that his convictions were void under the State’s improper notice of enhanced punishment. But the instant court finds defendant’s claims are without merit as his assertions would not void the judgments even if found to be true. The lower court did not abuse its discretion and defendant is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-00857-CCA-R3-HC, Categories: Habeas, Murder, Sentencing
J. Wilson finds the lower court properly convicted defendant of driving under the influence (DUI), to which he pleaded guilty, and sentenced him to 11 months, 29 days in confinement per his plea agreement. Also in the agreement is that the trial court would determine the manner of service, and it ordered the sentence to be served at 75 percent and to run consecutive to a life sentence he was on parole for at the time of the DUI. The trial court did not abuse its discretion in sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-01334-CCA-R3-CD, Categories: Sentencing, Dui