13 results for 'judge:"Larsen"'.
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: Arbitration, Civil Procedure, Employment Discrimination
J. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: Robbery, Search, Sentencing
J. Larsen finds the trial court properly denied defendant's motion to suppress during his sexual exploitation of a minor and child pornography case. Although the affidavit submitted by law enforcement for a search warrant included a misstatement about defendant operating a peer-to-peer network to host child pornography, the error was caused by a police officer using a template for the warrant and forgetting to delete certain information, a mistake that does not qualify as reckless behavior. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: February 29, 2024, Case #: 22-3793, Categories: Search, Sex Offender, Child Pornography
J. Larsen finds the trial court properly refused to hold a Remmer hearing when it was informed some jurors used their cell phones during deliberations. There was no evidence to indicate the jurors sought outside information related to the case. Meanwhile, the trial court properly accepted a partial verdict because although the jury foreperson told the court deliberations had broken down, the unanimity on several counts of the indictment allowed defendant to be convicted on those counts and was confirmed by a polling of the individual jurors. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 31, 2024, Case #: 22-2041, Categories: Jury, Murder
J. Larsen finds the lower court properly granted the police officer's motion for summary judgment on the detainee's excessive force claim. At the time he threw the detainee to the ground, the detainee was aggressive, threatening, and resisting, which posed some threat to the officer and allowed him to use necessary force to take him to the ground. Meanwhile, the detainee's state-law negligence claims against the officer were properly dismissed. Under Tennessee law, if a negligence claim arises from conduct that implicates an individual's civil rights, it must be filed in a federal civil rights claim and is barred. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: January 9, 2024, Case #: 23-5189, Categories: Civil Procedure, Civil Rights, Negligence
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J. Larsen finds the lower court properly granted the subcontractor's motion for summary judgment on the indemnity lawsuit brought by the pool construction company. Claims related to the subcontractor's failure to install a certain part were barred by Tennessee's statute of repose, which requires construction suits to be filed within four years of the accrual of damages. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 2, 2024, Case #: 22-6019, Categories: Civil Procedure, Construction
J. Larsen upholds defendant's bottom-of-the-guidelines 9-year sentence after defendant pleaded guilty to distributing meth. Defendant waived the opportunity to appeal the reasonableness of his sentence on a single drug trafficking charge when his attorney told the trial court he had no objections to the sentence. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: December 27, 2023, Case #: 22-2009, Categories: Drug Offender, Sentencing
J. Larsen finds the lower court properly denied the states' motion for a preliminary injunction on a portion of their claim challenging a Title X rule. The federal government's interpretation of Title X to allow federal funding to family planning facilities that provide referrals to abortion clinics is a reasonable interpretation of the statute under the Chevron doctrine. Such facilities are required to give only neutral information, while funding is not supplied to the abortion clinics themselves. However, the 2021 rule's revocation of "strict physical and financial separation" between family planning facilities and abortion providers is not a reasonable interpretation of Title X, which prohibits funding to programs where abortion is a method of family planning. Ohio is entitled to an injunction to prevent enforcement of that portion of the rule, as it provided evidence its Title X funding dropped 20 percent after the implementation of the 2021 rule. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: November 30, 2023, Case #: 21-4235, Categories: Government, Health Care, Injunction
J. Larsen finds the lower court properly dismissed a labor lawsuit filed in 2020 as untimely. The labor union's failure to pursue a 2015 grievance filed by autoworkers after their jobs were relocated started the 6-month statute of limitations clock on the claims. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: November 22, 2023, Case #: 22-1383, Categories: Civil Procedure, Labor / Unions
J. Larsen finds the trial court properly awarded the La Bamba Mexican restaurant chain profits from a competitor. Although the owner of the competing restaurant did not know of La Bamba's trademark until he received a cease-and-desist letter, he continued to use the infringing name for more than a year and a half, which constituted willful infringement. Meanwhile, the willful conduct also supported the award of attorney fees to the trademark holder, given the competitor provided no evidence of any limiting factors and did not contest the calculation method used by the court. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: July 27, 2023, Case #: 22-5853, Categories: Trademark, Damages, Attorney Fees
[Consolidated.] J. Larsen finds the trial court properly denied defendant's motion to dismiss a charge of flying without authorization because the revocation of his pilot's license by the FAA was valid whether or not he surrendered the license prior to his arrest. Therefore, there was sufficient evidence to support the charge and the conviction. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: July 10, 2023, Case #: 22-3682, Categories: Evidence, Vehicle
J. Larsen finds the lower court properly dismissed the inmate's habeas claim without reaching the merits. Even if he was to prevail on his claim that his murder conspiracy conviction no longer qualifies as a predicate crime of violence for sentencing purposes, he would still be serving two life sentences for other, unchallenged convictions and, therefore, is not arguing for the right to be released, as required under the habeas statute. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: June 23, 2023, Case #: 21-1781, Categories: Habeas, Murder, Sentencing
[Consolidated.] J. Larsen finds the lower court properly rescinded the award of punitive damages upon the death of the whistleblower employee because federal common law requires that only claims to compensate the plaintiff, and not penal claims, survive a party's death. Meanwhile, the lower court also properly denied the employer's motion to dismiss on the grounds of issue preclusion. The whistleblower claims presented by the employee in his federal suit were distinct and could not have been raised in his state court suit, primarily because the actions underlying the federal lawsuit occurred in North Dakota, not Ohio. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: May 24, 2023, Case #: 20-4342, Categories: Damages, Whistleblowers