50 results for 'judge:"Nelson"'.
J. Nelson finds that the district court properly declined to preliminarily enjoin a California Public Utilities Commission rule changing the mechanism for charging telecommunications providers to fund California’s universal service program. The district court properly denied preliminary injunctive relief because the carriers were unlikely to succeed on the merits of their express preemption claims. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 26, 2024, Case #: 23-15490, Categories: Communications
J. Nelson denied a pilot's petition for review of the National Transportation Safety Board’s order affirming the Federal Aviation Administration's revocation of his pilot certificate. The pilot transported marijuana, which is legal under Alaska law but a controlled substance under federal law, by aircraft within Alaska which prompted the FAA to revoke his pilot certificate. The pilot did not show that the FAA lacked jurisdiction to revoke his pilot certificate because Congress cannot authorize an administrative agency to regulate purely intrastate commerce like marijuana delivery within Alaska.
Court: 9th Circuit, Judge: Nelson, Filed On: April 22, 2024, Case #: 22-70129, Categories: Aviation
J. Brathwaite Nelson finds that the lower court properly considered defendant's prior juvenile delinquency adjudication from New Jersey in determining his sex offender risk level designation. Precedent does not permit consideration of prior juvenile delinquency adjudications out of New York, but New Jersey does not have a comparable proscription on the use of its juvenile delinquency adjudications. Affirmed.
Court: New York Appellate Divisions, Judge: Brathwaite Nelson, Filed On: April 17, 2024, Case #: 02071, Categories: Sentencing, Sex Offender
J. Nelson grants Acting Secretary of Labor Julie Su's motion that the court take notice that Su filed pending motions against the United States Postal Service, as Su is also accusing USPS of firing an employee after she reported her workplace injury in violation of the Occupational Safety and Health Act. Su filed five other cases against USPS that also relate to allegations that USPS filed its employees under dubious circumstances, such as firing one probationary employee 14 days after they reported an injury.
Court: USDC Oregon, Judge: Nelson, Filed On: April 12, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: Employment, Labor
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J. Nelson finds that the district court properly denied defendant's motion to suppress methamphetamine found during an officer’s inventory search of his backpack. The police may constitutionally conduct an inventory search of belongings when the property is lawfully retained and the search is done in compliance with police regulations, even after the individual has been released. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 1, 2024, Case #: 21-30251, Categories: Drug Offender, Search
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: Property, Contract
J. Nelson grants a board of education’s motion for summary judgment in this employment dispute brought by a former employee. The employee alleges he was terminated after being refused a pay raise for obtaining his master’s degree, and that other, similarly situated employees received the pay raise. The board cannot be liable for alleged discrimination and retaliation because the superintendent failed recommend terminating the employee. The former employee’s motion for partial summary judgment is denied and his motion for leave to amend his claim to add race discrimination and retaliation claims is granted.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: March 28, 2024, Case #: 1:22cv84, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Nelson dismisses claims for bad faith and wrongful discharge in the Northwest regional sales manager's lawsuit alleging that the energy equipment and solutions company fired him without cause after he complained that the company had a geographically inequitable commissions policy. Nothing in the policy contradicts that the manager was an at-will employee, which means that under Oregon law, the company did not need cause to fire him.
Court: USDC Oregon, Judge: Nelson, Filed On: February 9, 2024, Case #: 3:23cv85, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Nelson dismisses the lecturer's complaint that the university did not approve the lecturer a religious exception to the Covid-19 vaccine mandate, placing her on unpaid leave. The lecturer does not establish that the university or its staff substantially burdened her religious practices or beliefs, and the lecturer does not provide any precedent supporting her argument that a medical exception process would "have a tendency to coerce individuals into acting contrary to their religious beliefs."
Court: USDC Oregon, Judge: Nelson, Filed On: February 8, 2024, Case #: 3:22cv1254, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Richard Nelson grants the police officers' motion for summary judgment in the prisoner's suit against them alleging that they violated his civil rights during his arrest for domestic assault and criminal property damage. The prisoner has yet to identify the specific officer who allegedly seized him from his room without consent, and such specificity is required to support his claims at this stage.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: February 7, 2024, Case #: 0:22cv187, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Nelson grants the environmental management company's motion for a preliminary injunction for its complaint that its former employees misappropriated the company's trade secrets and solicited its employees and customers. The company will likely suffer irreparable harm without a preliminary injunction because the two former employees had access to the company's confidential information and trade secrets, including the company's customer database for multifamily customers, and they could misuse it.
Court: USDC Oregon, Judge: Nelson, Filed On: January 25, 2024, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Richard Nelson grants the cyberattack target's motion to stay proceedings pending a decision by a Judicial Panel on Multidistrict Litigation regarding whether to centralize this and several related actions arising from the release of personal information in a ransomware attack and transfer them to this District. The likely short duration of a stay minimizes any potential for prejudice against the alleged data breach victims, granting the stay would avoid the potential hardship of having to relitigate issues voided by centralization, and the stay would have minimal effect on judicial resources on its own but, in light of the numerous other ongoing proceedings, would reduce the risk of duplicative or inconsistent rulings on pending motions to dismiss.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: January 18, 2024, Case #: 0:23cv533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action
J. Nelson finds that the district court properly dismissed two putative class actions against the Superior Court of Los Angeles County and Judge Eric C. Taylor, alleging that the court set cash bail that individuals could not afford and therefore unlawfully detained them pretrial. Actions against state courts and state court judges in their judicial capacity are barred by Eleventh Amendment immunity. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: January 9, 2024, Case #: 22-55941, Categories: Constitution, Immunity
J. Nelson denies partial summary judgment to the farm worker for his complaint accusing the farm of not employing him for two seasons despite his valid contract. There is a genuine issue of material fact as to whether the farm had a legitimate reason to not employ the farm worker, as it contends that he abandoned a job with the farm in 2008 and was thus ineligible for rehire in 2019.
Court: USDC Oregon, Judge: Nelson, Filed On: December 7, 2023, Case #: 3:22cv678, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: Civil Rights, Immunity, Police Misconduct
J. Nelson grants the railroad company's motion to compel arbitration regarding the employee's complaint alleging that he was fired because he is Black and opposed the company's discriminatory policies. The employee claims that the arbitration clause is unenforceable due to it undermining Utah and Oregon laws against employment discrimination, but the employee does not and cannot identify case law that denies arbitration solely based on federal and state public policies because arbitration is meant to be a forum to resolve employment discrimination claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 21, 2023, Case #: 3:23cv118, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Employment Discrimination
J. Richard Nelson denies the trademark claimants' motions for a permanent injunction and for attorney fees and the trademark defendant's motion for a judgment as a matter of law or for a new trial or remittur. A reasonable jury could find that the trademark defendant directly copied its competitor's parabolic heater's manual for its own product's manual, so its verdict stands. The jury's award of maximum statutory damages was also reasonable. The defendant has not distributed the manual at issue for years, so the trademark plaintiff's claimed harms are too speculative to warrant an injunction. The trademark defendant's arguments were also not so unreasonable or meritless as to justify an award of attorney fees.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: November 17, 2023, Case #: 0:18cv3321, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees, Injunction
J. Nelson denies the mother a preliminary injunction regarding her lawsuit alleging that Director Fariborz Pakseresht and others violated her First Amendment rights through the Department of Human Services' requirement that prospective adoptive parents use a child's preferred pronouns and accept their sexuality, which she says violates her religious beliefs. The mother claims that the government offers exemptions to this requirement, but she does not provide any examples that it does so for secular applicants that could not or would not support a child's beliefs, nor do these examples "imply that the government grants exemptions for secular reasons."
Court: USDC Oregon, Judge: Nelson, Filed On: November 14, 2023, Case #: 2:23cv474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Nelson declines to dismiss the police department officer manager's complaint that the city and its police force fired her after she filed a complaint accusing a police officer of sexual harassment and assault at work. Although the city claims that the officers are not liable for aiding and abetting discriminatory conduct because they acted as agents of the city and thus essentially acted as the city, none of the officers qualify as the primary actor against the office manager, which would preclude them from her claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 2, 2023, Case #: 3:23cv122, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Richard Nelson grants the employer's motion for summary judgment in the employee's suit alleging that she was demoted from a management position for her opposition to Black Lives Matter and critical race theory. The employee has not shown that her termination was motivated by her race as a Filipina woman, and her emails concerning the "political bent" of work events and her feelings that she had been portrayed as racist were not protected activity since she has not identified any employment practice being objected to. She has also not pleaded a connection between her objections, either personally or on Facebook, and adverse actions.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: October 24, 2023, Case #: 0:22cv352, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Nelson dismisses the homeowner's complaint that the city's officers declared that there were no signs of criminal activity regarding the homeowner's vacant house, only for an individual to then steal items from the house and engage in a fight with the homeowner. The city's officers have qualified immunity against the homeowner's substantive due process claim, because he does not establish that they violated one of the homeowner's constitutional rights by not staying on the premises after they cleared the site, or that it was somehow unlawful for them to miss a basement window that is well hidden by overgrown vegetation.
Court: USDC Oregon, Judge: Nelson, Filed On: October 20, 2023, Case #: 3:21cv771, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Due Process
J. Nelson denies the medical products corporation's motion to exclude the testimony of John Cary, who offered expert testimony on damages, from the patient's lawsuit alleging that the medical products corporation's AccuLIF TL interbody device was defective and caused injury to his spine. Although Cary potentially erroneously applied the RAPEL methodology because his conclusions contradict the evidence on record, this does not mean that Cary erroneously applied the methodology using the reviewed materials, so his conclusions are currently admissible.
Court: USDC Oregon, Judge: Nelson, Filed On: October 17, 2023, Case #: 3:21cv80, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Discovery