102 results for 'judge:"Wright"'.
J. Wright grants the bankruptcy trustee's motion for pre- and post-judgment interest in his suit against the bank alleging breaches of fiduciary duty and fraud in connection with the Tom Petters Ponzi scheme, and denies both parties' motions for judgment as a matter of law and the bank's motion for a new trial or conditional remittur. Prejudgment interest questions are governed by Minnesota law in this case, not federal law. Issues regarding the availability of various defenses to the bank were also properly placed before the jury, and the jury's verdict and decisions could be reasonably arrived at with the evidence provided at trial, including a decision imposing sanctions on the bank for destruction of evidence.
Court: USDC Minnesota, Judge: Wright, Filed On: June 23, 2023, Case #: 0:19cv1756, NOS: Bankruptcy Withdrawal 28 USC 157 - Bankruptcy, Categories: Bankruptcy, Fraud, Fiduciary Duty
J. Wright denies in part the government's motion to dismiss an individual's "action to compel the United States Citizenship and Immigration Services (USCIS) to adjudicate her application for asylum." The court retains jurisdiction to hear the individual's claims under the Administrative Procedures Act, however the individual fails to state a plausible claim under the Administrative Procedures Act, as the individual's "allegations demonstrate minimal risk to human health or welfare." The individual is granted leave to amend.
Court: USDC Central District of California, Judge: Wright, Filed On: June 16, 2023, Case #: 2:22cv5846, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Wright finds the trial court properly terminated both parents’ rights to their daughter on findings of conduct and condition endangerment and their failure to comply with service plans as to their drug use, psychiatric issues and the father’s battery convictions. All evidence weighs in favor of termination. Testimony shows that the child is happy in her foster home and is considered part of that family. The child’s needs are met and the foster parents will adopt her upon termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-23-00006-CV, Categories: Family Law, Guardianship
J. Wright finds the county court properly terminated the mother’s parental rights due to her drug use and inability to provide a stable environment. The father’s agreement to the temporary order constituting an admission of paternity sufficiently triggered his right to require the family agency to prove one of the statutory grounds for termination. Affirmed in part. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-22-00330-CV, Categories: Family Law, Guardianship
J. Wright finds the trial court properly terminated the mother’s parental rights. The department of human services removed the child after an investigation revealed the mother’s drug use. The mother then did not comply with the service plan addressing her criminal activity, lack of sobriety, mental health and instability, and the child’s unsafe home environment. Evidence presented through witnesses and exhibits show that the mother has committed criminal acts. The best interest finding is strongly supported. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-23-00025-CV, Categories: Family Law, Guardianship
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J. Wright denies in part a management company's motion for judgment as a matter of law in a disability discrimination suit in which a jury found in favor of a tenant after the management company refused to assign the tenant a handicap accessible space in front of the apartment. The management company challenges the ruling, claiming that it provided a reasonable alternative accommodation. Evidence does not support the jury's verdict that the management company caused the individual harm, or the $250,000 award in emotional distress damages. However, the jury did not err in finding that the management company's offer to move the individual to another apartment was not a reasonable alternative accommodation. The management company's motion for a new trial is granted.
Court: USDC Central District of California, Judge: Wright, Filed On: June 7, 2023, Case #: 2:21cv3275, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Wright partially grants the employer's and CEO's motion to compel discovery in the employee's sex-discrimination case alleging that the CEO sexually harassed her. The employee must supplement her discovery responses in relation to her claimed damages and to state the total amount of attorney fees incurred to date, since those are not work product and are relevant to her claimed damages. The employer's request for personnel records from a previous employer is partially granted, but denied insofar as it seeks information about an allegation that the employer has failed to confirm her employment to prospective new employers. Its motion is also granted as to the employee's medical records and personal correspondence regarding mental health, within a limited scope.
Court: USDC Minnesota, Judge: Wright, Filed On: June 2, 2023, Case #: 0:22cv1623, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Wright denies an employee's motion for the preliminary approval of class action and PAGA settlement in an employment dispute. The employee and employer reached a settlement, however "the parties’ treatment of the class claims throughout this matter has been questionable, including at the settlement stage." The employee requested that the court dismiss class claims, which it did. Then the employee sought to reassert class allegations solely for the purpose of settlement, but the parties have not addressed why they are settling class claims where no class allegations are at issue and the employer has not shown why it would agree to the reinstatement of class claims. "These contradictory actions by the parties are indicative of collusion."
Court: USDC Central District of California, Judge: Wright, Filed On: June 1, 2023, Case #: 2:19cv5050, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
J. Wright finds the trial court improperly convicted defendant for DWI, sentencing him to 10 days’ confinement in the county jail. Defendant says that his due process rights were violated, being a mental evaluation was ordered but not completed. The Ninth District abated the appeal and remanded to determine the feasibility of a retrospective competency evaluation. The state then filed an unopposed motion to reinstate the appeal, vacate and remand, informing the court that defendant is unable to cooperate with a competency evaluation and it is in the interest of justice to dismiss the case. Vacated and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 24, 2023, Case #: 09-20-00234-CR, Categories: Competence, Dui, Due Process
J. Wright grants the city's motion for summary judgment regarding an individual's allegations of unlawful seizure, unlawful arrest, false arrest and intentional infliction of emotional distress following her arrest in a case of mistaken identity. The individual was released after it became clear that she was not the subject of the warrant. "The arresting officers here were not unreasonable in believing that Farber was the true warrant subject at the time of the arrest." The individual's "uncorroborated protests of innocence and misidentification, in the face of all other information confirming her as the Warrant’s subject, did not trigger a duty to investigate further."
Court: USDC Central District of California, Judge: Wright, Filed On: May 24, 2023, Case #: 2:22cv1173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Wright concurs with the lower court that the father of a transgender child and a gay child has inflicted mental injury on the gay child as strongly evidenced by texts, emails and reports of in-person conversations where the father said things like, “Please please do not allow these demons you are surrounded by influence you.” The father sent similar communications to his trans child and to his ex-wife, saying things like, “our father tells us about tranny’s and gays right in the bible. He says any one who cuts off things or if man lay with man or women with women will be burned.” While the trans child has already effectively broken ties with the father, the gay child has not but also feels unsafe with him based on the child’s own testimony, which was appropriately procured by a social worker at school. Therefore, the father must stop abusing and threatening the child, is not allowed to enter the child’s home, can only see the child if the child is comfortable doing so and cannot communicate abusive statements regarding sexual orientation or religion. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wright, Filed On: May 24, 2023, Case #: C-02-FM-22-808824, Categories: Family Law, Lgbtq