19 results for 'judge:"Furman"'.
J. Furman denies the arms manufacturers' motion to dismiss the state's claims that they sell products used to make "ghost guns," including unfinished frames and receivers, designed to subvert state and federal laws by allowing people to build homemade guns that lack serial numbers. The state plausibly alleges the manufacturers' products are "firearms," and the Protection of Lawful Commerce in Arms Act does not preempt its claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 23, 2024, Case #: 1:22cv6124, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Firearms
J. Furman sanctions plaintiffs counsel for failing to comply with nearly every deadline the court has set in this case. The attorney must pay $5,000 for wasting the court's time, and complete two additional hours of continuing legal education on issues relating to law office management given his inability to keep up with deadlines, not only in this case, but his extremely large docket in New York federal courts. Further, this matter is referred to the court's Committee on Grievances to determine if the attorney's conduct across the board violates the rules of professional conduct.
Court: USDC Southern District of New York, Judge: Furman, Filed On: February 16, 2024, Case #: 1:23cv3516, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Sanctions, Attorney Discipline
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J. Furman finds the newspaper is entitled to an audio copy of the Aurora city council's executive session because the public received insufficient notice about the meeting, which also included an official action in the form of a roll call vote to censure a member for comments made on a public radio station. Although the city discussed legal advice with its attorneys during the session, it waived attorney-client privilege when it attempted to correct the open meetings violations at the next council meeting and produced an agenda from the executive session. Reversed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: December 7, 2023, Case #: 2023COA118, Categories: Government, Public Record, Privilege
J. Furman finds the trial court properly denied defendant's request for a jury instruction on the affirmative defense of force against intruders during her murder trial. The victim was shot in her own home and, therefore, defendant could not establish the objective element of unlawful entry. Meanwhile, the trial court was not required to give jury instructions on all subsections of the self-defense statute because there was no evidence the victim intended or was about to inflict harm upon defendant. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: November 9, 2023, Case #: 2023COA104, Categories: Murder, Self Defense, Jury Instructions
J. Furman finds the lower court did not violate the homeless woman's due process rights when it ordered her involuntarily confined and required the administration of stabilizing medication. The dangers posed by her delusions, which were confirmed by a psychiatric expert, outweighed the need for her attorney to conduct discovery. The woman was able to meet with her attorney prior to the hearing and has failed to point to any evidence that would have altered the outcome of the hearing; therefore, the court properly denied her motion for a continuance. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: October 12, 2023, Case #: 2023COA95, Categories: Health Care, Due Process
J. Furman denies the defendants' request for attorneys' fees in a patent action related to a flashlight design. Despite the plaintiff's "egregious" conduct in not investigating the validity of its patent, fees are not warranted because the plaintiff voluntarily dismissed its case without prejudice. However, the defendants are entitled to recover a $15,000 bond submitted in accordance with a temporary restraining order in its entirety.
Court: USDC Southern District of New York, Judge: Furman, Filed On: October 11, 2023, Case #: 1:22cv10377, NOS: Patent - Property Rights, Categories: Patent, Restraining Order, Attorney Fees
J. Furman finds the lower court properly dismissed the "psychological mother" from the child's custody case because her actions in the case did not sufficiently establish her as a natural parent of the child, especially considering her attorney admitted she had no legal relationship with the child. She failed to complete adoption proceedings with the biological mother and overdosed on methamphetamine shortly after she took custody of the child. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: September 28, 2023, Case #: 2023COA90, Categories: Evidence, Family Law
J. Furman finds in favor of Audible in this matter of alleged breach of contract. Self-publishers bring allegations of breach of contract and breach of implied covenant relating to Audible’s process of deducting returns from their royalties. The instant court grants summary judgment to Audible, finding a lack of evidence to support the self-publishers claims.
Court: USDC Southern District of New York, Judge: Furman, Filed On: September 20, 2023, Case #: 1:21cv7059, NOS: Other Contract - Contract, Categories: Contract
J. Furman grants Audible's motion to preclude the testimony of the authors' damages expert in a class action over the deduction of royalties for audiobooks returned by customers long after they had been listened to in full. The authors cannot argue that every return is illegitimate, which dooms the expert's methodology, which does not incorporate any valid returns into his calculations.
Court: USDC Southern District of New York, Judge: Furman, Filed On: July 17, 2023, Case #: 1:21cv7059, NOS: Other Contract - Contract, Categories: Class Action, Contract, Technology
J. Furman grants CUNY's motion to dismiss this employment discrimination and retaliation suit brought by the Black female former administrator who was terminated after her entanglement with internal political affairs and replaced with a white woman. The evidence does not support the administrator's allegations of racial discrimination. Though her supervisor made efforts to decrease his office's contact with her, this does not prove racial discrimination. The complaint does not give rise to a “minimum inference of discrimination.”
Court: USDC Southern District of New York, Judge: Furman , Filed On: June 29, 2023, Case #: 1:22cv2785, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation
J. Furman finds that that the Motor Vehicle Division failed to support its revocation of a driver's license with sufficient evidence. The evidence does not show that police gave the driver an express consent affidavit or that the driver refused chemical testing. Reversed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: June 29, 2023, Case #: 22CA0761, Categories: Licensing, Vehicle
J. Furman finds that a husband's appeal of a magistrate's permanent orders in a dissolution proceeding is untimely. The magistrate was acting with the parties' consent, so the husband's motion for reconsideration did not toll the statutory 49-day deadline to file a notice of appeal.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: June 8, 2023, Case #: 22CA0232, Categories: Family Law