91 results for 'judge:"Jones"'.
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, Assault, Harassment
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: Fraud, Contract, Technology
J. Jones finds the trial court properly granted the jury full access to the calls between the victim of sexual assault and the assailant. A criminal court may give a jury unrestricted access to recorded telephone calls between the victim and their assailant in which the assailant admits to criminal activity. The calls are not victim testimony, but are more similar to police interviews of a criminal defendant that are always available in full to a jury. Meanwhile, defendant's conviction and sentence for human trafficking of a minor for sexual servitude did not violate his equal protection rights. Although he was convicted of lesser offenses at the same time, the conduct in his human trafficking charge was separate and more involved than that required for the lesser felonies. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: April 25, 2024, Case #: 2024COA41, Categories: Jury, Sex Offender, Equal Protection
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J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Jones finds for the commissioner of internal revenue in collection due process claims concerning tax liability because the settlement officers did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Jones, Filed On: April 17, 2024, Case #: 2024-46, Categories: Tax
J. Jones grants the ex-wife's motion for attorney fees and costs in the amount of $84,000. The extra-marital lover filed this suit against her lover and his ex-wife, alleging they were involved in sex trafficking. The suit was found to be frivolous and an abuse of judicial process because the facts provide no basis to find the ex-wife did anything wrong. All factors were correctly considered, and the accuser's arguments are without merit.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Attorney Fees
J. Jones grants the consumer relationships software manufacturer's motion for re-taxation of costs and $6.8 million in attorney fees. Although summary judgment was granted in favor of the manufacturer in this suit alleging that it infringed certain cyber patents, a subsequently discovered clerical error supports the manufacturer's motion. Also, because the patentee's continuing to litigate after claim construction ended any likelihood of prevailing on the merits, an award of attorney’s fees is warranted.
Court: USDC Nevada, Judge: Jones , Filed On: March 20, 2024, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees, Technology
J. Jones grants a former employee’s motion for a protective order in this employment dispute brought against the city and its light department regarding religious discrimination. The employee alleges she was fired after her supervisor refused to accommodate religious exemption requests for the state’s Covid-19 vaccine requirement. The city then requested school records of the employee’s minor child, and she argues the records are beyond the scope of litigation and the minor child’s privacy should be protected. Therefore, the parties shall redact the child’s name and birthdate and use initials only. The court grants the city’s motion to compel for the former employee to answer each deficient interrogatory and request for production.
Court: USDC Western District of Washington, Judge: Jones, Filed On: March 1, 2024, Case #: 2:22cv1668, NOS: Employment - Civil Rights, Categories: Privacy, Discovery, Employment Discrimination
[Consolidated.] J. Jones finds the district court improperly remanded this oil and gas royalties dispute to state court. The landowner and stockholders initiated this class action alleging that the energy company had underpaid more than $100 million in royalties. The company says the Class Action Fairness Act requires the case be heard in federal court, while the district court reasoned the Act's local controversy exception supported remand in spite of a third of the royalties recipients being located in other states and countries. The Act ties principal injuries sustained to the entire class, not a subset. No exception exists for cases in which most parties sustain the principal injury in the forum state, but some do not. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: March 1, 2024, Case #: 23-40591 , Categories: Energy, Jurisdiction, Class Action
J. Jones grants the mining company's motion for summary judgement as to the former employee's disability discrimination claims. At the time of his termination, the employee was not disabled under the Americans with Disabilities Act. Though the employee was in a work-related accident prior to his termination, available medical records provided by his doctor indicated he did not suffer a permanent disability.
Court: USDC Nevada, Judge: Jones , Filed On: February 22, 2024, Case #: 3:21cv495, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Jones finds the district court properly ordered restitution for defendants' convictions for healthcare fraud and receiving Medicare kickbacks. No error is found in the court’s calculation of the improper benefit received as to the purpose of sentencing and restitution. That a certain defendant received the primary benefit from the fraudulent payments is irrelevant for assessing restitution. The court properly imposed restitution on each defendant jointly and severally for the full amount. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: February 21, 2024, Case #: 22-20620, Categories: Fraud, Sentencing, Restitution
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Lloyd- Jones finds a lower court properly dismissed a mail order horticultural grower's unfair tax imposition claims. The horticultural grower argued that the treasury wrongfully imposed value added tax on mail order packets of seeds, which are sent to consumers. However, the tax authority sufficiently showed in court that the horticultural grower engaged in "round tripping" from the U.K. to the Channel Islands to avoid paying taxes. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: February 14, 2024, Case #: 2024UKSC5, Categories: Fraud, Tax
J. Jones finds that the trial court properly and improperly ruled in a contract case arising out of a payment dispute involving a medical billing services firm and a healthcare diagnostic firm. The diagnostic firm argues that the billing firm was obligated to present a statement of work, proving what it actually owed for using its services. However, it was the diagnostic firm that failed to make payments, resulting in the violation of the agreement. Therefore, the trial court properly ruled in favor of the billing firm. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: February 13, 2024, Case #: 03-22-00176-CV, Categories: Corporations, Tort, Contract
J. Jones grants the employer's motion to dismiss with respect to a breach of contract claim in a class action brought by the employee arising from a data breach in which hackers accessed current and former employees' personal information. The employee failed to show that the employer indicated an intention in any document to protect his personal information. However, the motion is denied as to the class's negligence claims. The employee plausibly alleged that the hack and the type of stolen information raise a risk of identity theft and that a substantial and imminent risk of future harm exists.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: February 9, 2024, Case #: 1:22cv3640, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Class Action, Contract
J. Jones finds a lower court properly imposed offender recall on a former prisoner. The former prisoner argued that the lower court erred in revoking his prisoner license before placing him back in jail, in violation of his civil rights. However, the Department of Justice sufficiently showed that he was placed in a facility that did not present serious harm. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Jones, Filed On: February 7, 2024, Case #: 2024UKSC4, Categories: Civil Rights
J. Jones grants the government's motion to compel discovery in its action seeking to reduce to judgment unpaid civil penalty assessments against the debtor, because he allegedly violated federal law by not reporting his interest in foreign bank accounts between 2011 and 2016. Documents and communications outside the "years at issue" are relevant to this case because the willfulness inquiry is not limited to a particular calendar year.
Court: USDC Western District of Washington, Judge: Jones, Filed On: January 9, 2024, Case #: 2:22cv1576, NOS: Other - Forfeiture/Penalty, Categories: Government, Tax, Discovery
J. Jones vacates a jury verdict and $6.5 million penalty against a holdings company and broker following the Commodity Futures Trading Commission's trial against them concerning the broker's discretionary trading for an account over which he had power of attorney in the same markets where he acted as a broker for other clients. The company lacked fair notice of the commission's new interpretation of a rule barring a broker's "taking the other side of orders." The rule applies only to brokers who have a financial interest and not who merely “make the decision to trade opposite the order and execute [that] trade.” Vacated in part.
Court: 5th Circuit, Judge: EOX Holdings Jones, Filed On: January 8, 2024, Case #: 22-20622 , Categories: Administrative Law, Securities, Agency
J. Jones rules in favor of the conservative group in a civil rights action brought by the voting rights nonprofit alleging that the group violated the Voting Rights Act by challenging the eligibility of individual voters during Georgia's 2021 Senate runoff election under a statute known as Section 230. Although the list of potentially ineligible voters compiled by the group "utterly lacked reliability," there is no evidence connecting the list to a voter who submitted challenges. Insufficient evidence was presented to show voter intimidation or attempted voter intimidation by the group against the voters. A challenge to one voter's eligibility was not unreasonable because there was a question about her residency. The nonprofit failed to show that the alleged election-related activities engaged in by the group, including paying whistleblowers and recruiting military veterans to intimidate voters at polls, reached or impacted any voter.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: January 2, 2024, Case #: 2:20cv302, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Jones finds that the trial court properly ruled against a property manager whose motion for joinder and a new trial was denied in a case arising from a tenant's lawsuit against their landlord for allegedly wrongfully withholding their security deposit. After the trial court ruled in favor of the tenant, the property manager filed his motions that were subsequently overruled. The judgment issued against the landlord is not also bound to the property manager. Therefore, he cannot seek relief for a judgment not issued against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: December 29, 2023, Case #: 03-21-00556-CV, Categories: Landlord Tenant, Property, Enforcement Of Judgments
J. Jones dismisses the employee's complaint asserting that he was the victim of sexual harassment in Target's breakroom. The employee does not allege any description of the alleged sexual harassment to qualify as a single event hostile work environment, but if the employee can add facts from the police report and other evidence, he may file an amended complaint.
Court: USDC Oregon, Judge: Jones, Filed On: December 28, 2023, Case #: 3:23cv1301, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Jones finds the district court improperly granted the Army Corp of Engineer's motion for voluntary remand of approved jurisdictional determinations in its conflict with landowners over privately-owned wetlands. There is no clear demarcation between U.S. waters and the wetlands at issue; therefore, the property is not subject to federal jurisdiction. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: December 18, 2023, Case #: 21-30163, Categories: Property, Water, Jurisdiction
J. Jones finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer is liable for the deficiency and related accuracy-related penalties.
Court: U.S. Tax Court, Judge: Jones, Filed On: December 11, 2023, Case #: 2023-147, Categories: Tax