26 results for 'judge:"Douglas "'.
J. Douglas finds that the lower court properly granted partial summary judgment to the neighboring property owner in this dispute involving "a contract zone agreement" that would have allowed for development of certain real property. The 2017 agreement was rendered null and void pursuant to a certain permit deadline. The 2021 agreement is also void based on the city's violation of its contract zoning ordinance. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 2, 2024, Case #: 2024ME32, Categories: Real Estate, Zoning
J. Douglas finds the district court properly ruled in favor of the pecan farm in this negligence suit. The suit arose from water damage caused by a "120-year flood" exacerbated by the strip miner's groundwater pit's breach, which released a deluge onto the farm's property. Based on evidence presented, including that showing prior breaches, the jury could reasonably conclude it was foreseeable that water would gather in the pit in such large quantities that when it overflows it could flood surrounding land. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: April 25, 2024, Case #: 23-50330, Categories: Agriculture, Water, Negligence
J. Douglas finds that the lower court improperly sentenced defendant following her guilty plea to unlawful possession of scheduled drugs. The lower court abused its discretion in imposing "an unsuspended, three-year prison sentence" based on an "interconnection of drugs with homicides" that had no basis in the record. Defendant's alleged conduct did not involve violence, and there was no evidence she had ever been violent. Additionally, the court failed to reconcile the sentence at issue with a previously imposed sentence. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: April 9, 2024, Case #: 2024ME24, Categories: Drug Offender, Sentencing
J. Douglas denies the environmental advocacy group's petition for review of the Maritime Administration Agency's approval of the construction of a deepwater oil port. The agency adequately considered extensive reports, studies and public commentary involving the environmental consequences of the facility before approving port.
Court: 5th Circuit, Judge: Douglas , Filed On: April 4, 2024, Case #: 23-60027, Categories: Energy, Environment, Maritime
J. Douglas grants Rolex's petition for panel rehearing of this trademark dispute. The district court properly found the watch refurbisher infringed upon Rolex���s trademark while refusing to disgorge it of its profits according to the laches defense. The court's injunction should be modified to include all non-Rolex parts used in refurbishment, and the district court must clarify certain vague language used in its order. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 21, 2024, Case #: 22-10866, Categories: Patent, Technology
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J. Douglas finds the district court properly dismissed most claims made by the black property owner against the postal service and two employees. Though the alleged conduct does not fall within tort claims act exceptions, and sovereign immunity does not bar tort claims, the owner fails to state a viable equal protection claim. No facts support her assertion the carriers continued to deliver to similarly situated white property owners while denying her delivery. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: March 20, 2024, Case #: 23-10179, Categories: Civil Rights, Government, Tort
J. Douglas finds that the lower court properly approved the report of a referee for the distribution of an estate. The appellant challenges "several aspects" of the report and contends that the lower court erred by not holding a hearing on his amended objection. Contrary to his arguments, however, the lower court properly applied the correct probate code to the estate, and it had already held a hearing on a "virtually identical objection." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: March 19, 2024, Case #: 2024ME20, Categories: Property, Wills / Probate
J. Douglas finds the district court properly convicted defendant, by guilty plea, for conspiracy to possess with intent to distribute 50 grams or more of meth. The court also denied defendant habeas relief for his argument that trial and appellate counsel were ineffective for failing to object to the purity of meth attributed to him. That defendant was accountable for a certain amount of the drug by weight makes his evidentiary argument meritless. The court would have adopted the same guideline range and imposed the same sentence even if the drug purity objection had been made. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 1, 2024, Case #: 22-51046, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Douglas grants the rehab center's petition for panel rehearing on the district court's determination a collective action may proceed under the Fair Labor Standards Act. The district court applied the incorrect legal standard assessing employee status. Furthermore, evidence that calculations could be completed on a class-wide basis by the proposed method is undeveloped, and the district court did not engage directly with the center's offset defense, as required for certification.
Court: 5th Circuit, Judge: Douglas , Filed On: February 9, 2024, Case #: 22-20434, Categories: Employment, Class Action, Labor
J. Douglas finds that the lower court properly convicted defendant of domestic violence stalking and violating a protective order. The evidence indicates that defendant "subjected the victim to repeated contacts by phone calls and texts, despite her telling him to stop," and even contacted her "after being served with the protection order." The court also notes that the case was not about the content of defendant's statements to the victim, but rather the "persistent, unwelcome contact." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: January 31, 2024, Case #: 2024ME15, Categories: Domestic Violence, Harassment
J. Douglas finds the bankruptcy court properly developed the confirmation plan and transferred remaining assets of the wood fuel pellet processing facility to the asset liquidation trustee. Third parties assigned certain legal claims to the liquidation trust based on misstatements made by a fundraiser, and the trustee pursued these in state court. Although the fundraiser could have objected to the trustee's ability to accept third-party assignments by raising the concerns as the manufacturer developed its bankruptcy plan, it is too late to raise the concerns several years after the confirmation plan. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: January 30, 2024, Case #: 23-30040, Categories: Bankruptcy, Trusts, Business Expectancy
J. Douglas finds the district court properly found in favor of Rolex in this trademark infringement suit against a watch restorer that advertises refurbished watches as "genuine Rolex," though its products contain Rolex and non-Rolex parts. The watches lacked sufficient disclosures, which created a likelihood of confusion in consumers. Rolex failed to show the knowing bad faith necessary to foreclose the restorer's equitable laches defense based on Rolex's delay in filing suit, and no damages were awarded. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: January 26, 2024, Case #: 22-10866, Categories: Trademark, Damages
J. Douglas finds that the lower court improperly terminated the parental rights of the mother to her children. The judgment does not include the "specific findings of fact" as required. Accordingly, the case must be remanded for further proceedings. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: January 9, 2024, Case #: 2024ME1, Categories: Civil Procedure, Family Law
J. Douglas finds the district court properly denied qualified immunity to employees of the Texas Department of Family and Protective Services, which had found exigent circumstances justified the emergency removal of the 4-year-old child from his mother without parental consent or court order. The removal of a child without parental consent, court order or exigent circumstances violates clearly established rights of the child and mother, which precludes qualified immunity. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: January 3, 2024, Case #: 23-20107, Categories: Constitution, Family Law, Agency
J. Douglas grants the El-Salvadoran immigrant's petition for panel rehearing on the Board of Immigration Appeals' denial of his application for withholding of removal. The immigrant, a Christian minister who has been harassed and threatened by the violent MS-13 gang, testified that threats and attacks have also been inflicted on his family. The board incorrectly required evidence of physical harm to show persecution, as death threats constitute persecution when they are objectively credible. The asylum officer and immigration courts deemed the immigrant credible, and evidence corroborated his testimony the threats occurred. Reversed.
Court: 5th Circuit, Judge: Douglas , Filed On: December 5, 2023, Case #: 22-60307, Categories: Evidence, Immigration, International Law
J. Douglas finds the district court properly granted the government's motion for a preliminary injunction, ordering Texas to move the Rio Grande floating barrier at Eagle Pass, TX. The government alleges the barrier violates the Rivers and Harbors Appropriation Act. Though Texas appealed and the circuit previously entered an administrative stay, the balance of hardships tips in the government's favor. All findings regarding navigability of the waterway in relation to the Act are supported by the record. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: December 1, 2023, Case #: 23-50632, Categories: Government, Maritime, Injunction
J. Douglas denies the petition for rehearing on the circuit's reversal of the district court's finding for a sheriff on qualified immunity grounds. The sheriff's office arrested a social media user for posting a humorous comment on Facebook during the Covid-19 pandemic suggesting that officers were given orders to "shoot the infected on sight." The obvious joke is constitutionally protected free speech.
Court: 5th Circuit, Judge: Douglas , Filed On: November 21, 2023, Case #: 22-30509, Categories: Civil Rights, Constitution
J. Douglas finds that the lower court properly affirmed a decision of the commissioner of the Department of Inland Fisheries and Wildlife to revoke or suspend an individual's hunting and guide licenses, after he was allegedly convicted of reckless conduct for shooting a deer that was within 100 yards of a residence. The commissioner correctly interpreted a statute requiring a mandatory revocation of his hunting license for a "minimum one-year period." Also, the hunter fails to succeed on his constitutionality arguments. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: September 5, 2023, Case #: 2023ME61, Categories: Constitution, Environment, Licensing
J. Douglas finds the district court improperly dismissed the Facebook user���s constitutional claims against the sheriff���s department arising from his arrest for terrorism after making a clearly humorous Facebook post stating that an order had been issued for deputies to ���shoot on sight��� thoes infected with Covid-19. The court erred in finding there was probable cause for the arrest. If the arresting officer is liable for false arrest, then the sheriff is vicariously liable under Louisiana law for the tort of his employee. Reversed and remanded.
Court: 5th Circuit, Judge: Douglas, Filed On: August 25, 2023, Case #: 22-30509, Categories: Constitution, Covid-19, Police Misconduct
J. Douglas finds the district court properly dismissed this civil rights action arising from the evangelical minister���s guilty plea conviction for violating an ordinance designating protests to a specific area during live theater events. The minister seeks to enjoin the state law on which his conviction is based, and he requests ���prospective injunctive relief ��� on grounds of facial unconstitutionality.��� According to guiding case law such relief ���necessarily implies��� the invalidity of the conviction and is barred. The dismissal, though, would bar pursuit of claims even if the conviction were later reversed, and is modified as ���without prejudice.��� Affirmed as modified.
Court: 5th Circuit, Judge: Douglas, Filed On: August 25, 2023, Case #: 22-60566, Categories: Constitution, Municipal Law
J. Douglas, in this interlocutory appeal, finds the district court properly determined that a collective action brought by ���vocational therapy��� rehab patients may proceed under the Fair Labor Standards Act. In lieu of being paid for the jobs they performed, patients��� wages were used to offset treatment services costs. The district court applied the correct legal standards in relying on relevant case law, appropriately concluding that the patients were employees under the FLSA and entitled to compensation collectively. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: August 16, 2023, Case #: 22-20434, Categories: Health Care, Class Action, Labor
J. Douglas finds that the lower court improperly entered a judgment of acquittal after a jury found defendant guilty of eluding an officer. The evidence "rationally supports the jury's verdict," specifically as to the element of whether he operated at a "reckless rate of speed." The police officer testified that defendant was operating his motorcycle at over 90 miles per hour in areas with speed limits of 50 and 35 miles per hour. Vacated in part.
Court: Maine Supreme Court, Judge: Douglas, Filed On: August 15, 2023, Case #: 2023ME51, Categories: Criminal Procedure, Vehicle
J. Douglas finds the district court improperly dismissed the Louisiana inmate���s civil rights complaint with prejudice as frivolous and for failure to state a claim. The inmate filed suit alleging that he was held in administrative segregation for 300 days over his disciplinary sentence without additional due process and based upon fabricated information. Though prison officials are accorded deference in maintaining security, in this case some officials determined that the inmate should have been released while others refused. A response from the officials is necessary to reach the proper conclusion. The indefiniteness of a period of segregation is also relevant in reviewing the constitutionality of a length of confinement. Vacated and remanded.
Court: 5th Circuit, Judge: Douglas, Filed On: August 10, 2023, Case #: 21-30082, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Douglas finds the district court properly found in favor of the school district in this suit brought by the former middle school assistant principal and Army Reservist who was disciplined because of parental complaints. The school board voted not to renew his contract after an investigation into his improper behavior regarding student discipline for illegal drugs. He says he was fired for taking military leave, and, at trial, the jury found the reservist���s responsibilities played a role in the board���s decision. Judgment was entered in favor of the board being that the text of the Uniformed Services Employment and Reemployment Rights Act provides employers with a mixed-motive defense. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: July 17, 2023, Case #: 22-20363, Categories: Education, Military, Employment Retaliation
J. Douglas finds the district court properly determined that it has subject matter jurisdiction over this insurance dispute arising from a hit-and-run in which the at-fault driver was criminally charged. His failure to cooperate in the state litigation resulted in the court entering final default judgment awarding the injured parties $163,822 in actual and exemplary damages. Allstate then filed suit in federal court, saying the award exceeded the liability limit for the policy, adequately alleging diversity jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: June 22, 2023, Case #: 22-20405, Categories: Insurance, Jurisdiction
J. Douglas finds the district court properly allowed this suit alleging violations of the FLSA���s overtime provision to proceed as a class action against the speech, physical and occupational therapy organization. The court applied all proper legal standards, and its factual findings were not clearly erroneous. It would have been inconsistent with the FLSA to require many separate trials. The employer was not prevented from defending the case, nor did any lack of fairness arise by allowing the class action. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: June 21, 2023, Case #: 22-40411, Categories: Civil Rights, Employment, Class Action