14 results for 'judge:"Jacobs"'.
[Consolidated.] J. Jacobs finds that the district court properly dismissed antitrust claims in which developers of a brand name blood-pressure drug and its generic equivalents contend "reverse" patent-infringement settlement payments had been made to delay market entry of the generics. Precedent holds that such arrangements can be illegal if they do not represent fair value for goods exchanged as part of an arms-length transaction, but plaintiffs, as purchasers of the drugs, failed to demonstrate the payments were unjustified or unexplained. Furthermore, dismissal with prejudice was proper since the amendment did not cure pleading deficiencies. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: May 13, 2024, Case #: 23-410 (L), Categories: Antitrust, Civil Procedure, Patent
[Consolidated.] J. Jacobs finds that the district court properly held that dismissal of federal class investment fraud claims did not require exercising supplemental jurisdiction over analogous state class claims, as the existence of subject-matter jurisdiction did not require invoking such, especially when the request was time-barred. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 21-2603-cv (L), Categories: Civil Procedure, Fraud, Jurisdiction
J. Jacobs finds that the district court properly dismissed claims contending a town illegally took land two local businessmen intended to use for a big box hardware store because facts supported the contention that putting a park on the site constituted pretext to block use, but when eminent domain is invoked for a public purpose, courts may not inquire into motives. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 22-2722, Categories: Property
J. Jacobs finds that the district court properly dismissed claims in which public and union pension funds contend major participants in the multi-trillion-dollar market for U.S. Treasuries conspired to rig auctions for debt securities. Plaintiffs failed to demonstrate banks formed anticompetitive agreements since purportedly sharing proprietary information constituted "inconsequential market chatter," and evidence did not demonstrate a coherent scheme to threaten new secondary-market platforms for securities. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: February 1, 2024, Case #: 22-943, Categories: Antitrust, Securities
J. Jacobs finds that the district court improperly denied vacatur and amendment on dismissed class employment discrimination claims concerning past felony convictions that disproportionately impact Black applicants. The court improperly dismissed the claims as untimely on grounds that plaintiffs pleaded insufficient supporting data because "granular statistical comparators" were not required at the pleading stage in disparate-impact claims. Reversed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: December 8, 2023, Case #: 22-4, Categories: Employment Discrimination, Class Action
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J. Jacobs finds a lower court improperly denied a police officer's motion to dismiss a civilian's personal injury claims. The civilian argued that the police officer was vicariously liable when he hit him with a patrol car as he rode his bike across a crosswalk, which resulted in injuries. However, the police officer sufficiently showed in court that the civilian breached traffic rules when he failed to yield the right-of-way near a traffic-control device, and that he failed to state a specific settlement amount for his injuries. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: October 31, 2023, Case #: 1 CA-SA 23-154, Categories: Tort, Negligence
J. Jacobs finds that the board of immigration appeals properly held that changes to state sentencing provisions for predicate crimes of possessing a forged instrument did not alter removability. The change lowered maximum possible sentences by a day in order to place the predicate offense under the one-year threshold, which merits deportation for crimes of "moral turpitude." But the federal removal statute applied to the relevant criminal proceedings, not to the immigration proceedings, and the alteration lacked retroactive effect.
Court: 2nd Circuit, Judge: Jacobs, Filed On: September 13, 2023, Case #: 21-6380, Categories: Criminal Procedure, Immigration, Sentencing
J. Jacobs finds a lower court properly convicted a defendant for sexual exploitation of a minor, but erred in denying his motion to suppress certain evidence. The State argued that the defendant's conviction was reasonable after he was caught communicating with an alleged minor female, which included statements that he was "definitely cool" to meet up to see her "sexy ass," and that he was willing to cross State lines to do so. However, the defendant presented sufficient evidence that the government committed reversible error when it admitted "other-act evidence" in court. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: August 29, 2023, Case #: 1 CA-CR 22-305, Categories: Evidence, Sex Offender
J. Jacobs finds that the district court properly held that New York City owed more than 2,500 EMTs and paramedics $17.7 million for willfully violating wage rules on overtime. Personnel who requested overtime received such, but the city, as employer, was responsible for paying for all work it required, even if the employee did not specifically ask to be compensated. Evidence of willfulness was sufficient in that the city knew plaintiffs were being required to perform tasks before and after their shifts without compensation unless requested. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: August 25, 2023, Case #: 21-2095, Categories: Employment, Class Action
J. Jacobs and Sack find that the district court properly convicted defendant of kidnapping, kidnapping conspiracy, attempted extortion, and extortion conspiracy for threatening a cousin's employee for setting up a competing business. Defendant contends he did not hold the victim long enough to constitute kidnapping, but the short detention sufficiently conveyed that harm would befall the employee if he failed to pay defendant's cousin $5,000. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Sack, Filed On: August 22, 2023, Case #: 21-1439, Categories: Kidnapping, Extortion
J. Jacobs finds that a lower court properly dismissed defendant's motion to strike a potential juror. Defendant, who was charged with first-degree murder for the shooting death of his girlfriend, argues that juror number eight, a nurse, should be disqualified for impartiality. However, the state presented sufficient evidence in court that juror number eight was able to participate at trial without bias. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: August 18, 2023, Case #: 1 CA-CR 22-290, Categories: Jury, Murder
J. Jacobs finds that the district court improperly granted a default judgment to authorities in a claim for $8,000 seized during a search of a woman's home as part of an investigation into her then-boyfriend's alleged drug trafficking. Her request to lift the default entry and to file an untimely claim to the money should have been weighed under the more permissive "good cause" standard rather than the stricter "excusable neglect" benchmark because it was made before final judgment was entered. Vacated.
Court: 2nd Circuit, Judge: Jacobs, Filed On: August 4, 2023, Case #: 22-659, Categories: Criminal Procedure, Forfeiture
J. Jacobs finds that the district court improperly dismissed deliberate indifference claims contending an inmate's painful scalp condition had gone untreated for years. The initial pro se complaint against prison administrators should not have been dismissed sua sponte because the complaint contained nonfrivolous claims, and the inmate may amend claims on remand to restate claims against administrators.
Court: 2nd Circuit, Judge: Jacobs, Filed On: July 14, 2023, Case #: 21-2292, Categories: Constitution, Negligence, Prisoners' Rights
J. Jacobs finds that the district court improperly dismissed a "citizen suit" contending that years of toxic byproduct disposal by three big chemical companies elevated radiation levels on private land near their plants. The court prematurely concluded the waste did not constitute discarded material subject to environment rules but material that had been recycled into other uses, such as gravel, an issue that merits discovery as against Union Carbide and Occidental Chemical; liability is tenuous, however, as against Bayer CropScience.
Court: 2nd Circuit, Judge: Jacobs, Filed On: July 13, 2023, Case #: 21-1354, Categories: Environment, Negligence, Discovery