63 results for 'judge:"Jordan"'.
J. Jordan finds that the district court properly sentenced defendant to 192 months in prison following his guilty plea to attempting to provide material support to the foreign terrorist organization ISIS. Defendant ran two unofficial ISIS media networks directed at Spanish speakers. The district court correctly found that the government did not violate a proffer letter agreement promising not to use statements made by defendant during the proffer against him unless they concerned violent acts. Evidence of a video threatening the assassination of a Spanish judge which included English subtitles inserted by defendant fell under the exclusion for evidence concerning violent acts. The district court correctly applied the terrorism sentencing enhancement. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: May 23, 2024, Case #: 22-10419, Categories: Sentencing, Terrorism
J. Jordan grants the immigrant's petition for review and vacates the decision by the Board of Immigration Appeals upholding the immigrant's removal and finding that his asylee status was properly terminated based on his Florida conviction for lewd and lascivious battery. The immigrant's battery conviction under the 2008 version of the statute does not constitute the sexual abuse of a minor and is therefore not an aggravated felony under the Immigration and Nationality Act. The Florida law does not include any age differential between the perpetrator and victim and is broader than the generic federal definition of sexual abuse of a minor, which requires that the perpetrator be at least one year older than the victim. The immigrant's marijuana possession convictions did not constitute controlled substance offenses under federal law.
Court: 11th Circuit, Judge: Jordan, Filed On: May 20, 2024, Case #: 22-10971, Categories: Immigration
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J. Jordan finds the District Court properly held that a school board president who was replaced without notice a week after being elected had a clearly established property right in his employment and had been deprived of that right without due process. “It is clearly established that employees with a statutory right in their employment cannot be fired without notice and a hearing.” Affirmed.
Court: 3rd Circuit, Judge: Jordan, Filed On: May 1, 2024, Case #: 22-1866, Categories: Education, Employment, Due Process
J. Jordan grants summary judgment to the defendant business entities in a telematics systems developer's suit alleging breach of contract and patent infringement claims over the alleged misuse of its intellectual property. The court lacks personal jurisdiction over the German-based entity, and the claims against the other entity are barred by a settlement and patent license agreement between the developer and the entities' parent company.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 28, 2024, Case #: 4:22cv808, NOS: Other Contract - Contract, Categories: Licensing, Patent, Contract
J. Antongiorgi-Jordan grants the insurer's motion to dismiss. The family of the minor student who requires special education services alleges the school violated their due process rights, resulting in physical and emotional damages due to the school's failure to provide adequate care and supervision. The insurer did not insure the school at the time of the alleged events, and the family fails to state a claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: March 22, 2024, Case #: 3:22cv1419, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, Insurance
J. Jordan finds that the lower court properly convicted three sisters on charges arising from shooting the father of one of the sisters’ daughters, in a case arising from a custody dispute Evidence is sufficient to support the convictions. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: March 21, 2024, Case #: 22-11159, Categories: Domestic Violence
[Consolidated.] J. Jordan grants an adult filmmaking company's motion to serve third-party subpoenas to internet providers in its copyright cases against a number of individuals who allegedly downloaded its films and redistributed them without permission. The information it seeks - the identity of the individuals based on their IP addresses - is pertinent to its cases.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 11, 2024, Case #: 4:22cv459, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Jordan partly grants the defendant company's post-trial motions in a suit brought by former employees alleging race discrimination and retaliation stemming from alleged disparate treatment that Black employees faced. The jury ruled in favor of all the former employees and awarded each of them $7 million in total damages. The company's motion for judgment as a matter of law is granted as to all of the former employees' race discrimination claims since the evidence was insufficient to support the jury's verdict. The verdict as to the company's liability and the employees' damages "is so contrary to the evidence as to evince bias and prejudice on the part of the jury... The damages awarded are patently nonsensical."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 1, 2024, Case #: 4:19cv905, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Jordan finds that the district court properly ruled in favor of the synagogue in a civil rights action alleging that the transit authority's rejection of a proposed Chanukah on Ice event advertisement violated the First Amendment. The district court correctly found that even if the transit authority's policy prohibiting ads that primarily promote a religious faith or religious organization is viewpoint neutral, the policy is unreasonable due to its lack of objective, workable standards for interpreting terms like "primarily promote" and "religious." The case is remanded to the district court for the purposes of limiting the scope of the permanent injunction to only the transit authority's current policy rather than to future policies. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: January 10, 2024, Case #: 22-11787, Categories: Civil Rights, First Amendment
J. Jordan finds that the district court properly denied defendant's motion for a reduction of his life sentence for crack cocaine offenses under the First Step Act. The government gave defendant notice before trial that, if convicted, he was subject to an enhanced statutory sentence based on his prior felony drug convictions. Defendant already received the lowest penalty available to him under the Fair Sentencing Act and he is not entitled to relitigate the sentencing court's drug quantity finding. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: December 14, 2023, Case #: 21-13838, Categories: Drug Offender, Sentencing
J. Jordan grants the company's motions to compel in a trademark case involving the alleged sale of infringing products on Amazon Storefronts. The company's former independent distributors are ordered to amend or supplement their initial disclosures and discovery responses due to their prior conflicting and confusing responses on key issues in the case. "To say that defendants have some explaining to do is an understatement."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: December 13, 2023, Case #: 4:22cv900, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Discovery
J. Jordan finds that the district court properly rejected arguments from objectors and approved the settlement in a class action brought by the vehicle owners and lessees against Mercedes-Benz and another company arising from defects in their vehicles' red paint. The settlement allows for reimbursement of qualified past repairs and covers qualified future repairs. The objectors incorrectly claimed that the majority of class members will receive no benefits under the settlement. The objectors' calculation of the number of class members who are ineligible for benefits fails to account for vehicle owners who have not experienced any paint defect or will choose not to file a claim. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 27, 2023, Case #: 21-14503, Categories: Product Liability, Class Action
J. Jordan finds that the district court properly dismissed the whistleblowers' action against the IRS under the Administrative Procedure Act arising after the agency decided not to pursue an effort to collect unpaid taxes from financial industry entities. The IRS decided not to take any action after receiving information from the whistleblowers due to the significant resources it would have to expend on the investigation. The agency denied the whistleblowers' claim for an award under the whistleblower provision of the Internal Revenue Code. Judicial review of the agency's decision not to pursue an enforcement action is not permitted under the Act. The agency had discretion under the law to deny the whistleblowers' claims. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 17, 2023, Case #: 22-13217, Categories: Tax, Whistleblowers