15 results for 'judge:"Rogers"'.
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
J. Rogers denies UPS’s petition for review challenging the Postal Regulatory Commission’s formula for the appropriate share of USPS’s institutional costs to be covered by USPS’s competitive services, like package delivery. The commission acted reasonably and fully explained its conclusions.
Court: DC Circuit, Judge: Rogers, Filed On: March 22, 2024, Case #: 23-1006 , Categories: Administrative Law
J. Rogers reverses, in part, the district court's finding for the Secretary of the Department of Commerce on a group of commercial fishers' challenge to a final rule that modified the allocation of red group between the recreational and commercial sectors. The Fisheries Service must address whether the economic analysis used to support the final rule is sufficiently different than the one used to support a formerly discredited final amendment.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 23-5026 , Categories: Administrative Law, Commerce, Environment
J. Rogers remands a news outlet's Freedom of Information Act case following the grant of summary judgment to the Department of Justice, which refused to release a monitor's report on a bank's conduct as a result of a deferred prosecution agreement related to money laundering. The district court must determine whether any part of the report can be released without harming protections under exemption 8 of the Act.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 22-5300 , Categories: Public Record, Banking / Lending
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: Civil Rights, Education
J. Rogers finds the district court properly dismissed a group's challenge to the Federal Election Commission's dismissal of its campaign finance allegations against two presidential campaign committees. The commission's dismissal is precluded from review because it was based on its prosecutorial discretion. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: January 5, 2024, Case #: 22-5339 , Categories: Administrative Law, Civil Procedure, Elections
J. Gonzalez Rogers declines in part to dismiss a class action attempting to hold Meta, TikTok and other social media companies liable for the harmful effects of their apps on young users. The parents’ design defect product liability claims are not barred under Section of the Communications Decency Act because they do not implicate publishing or monitoring of third-party content. Also, Section 230 does not grant immunity from a negligence per se claim, and claims of failure to warn and negligence plausibly assert that the social media companies are liable for conduct other than the publishing of third-party content.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: November 14, 2023, Case #: 4:22md3047, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Class Action
J. Rogers finds the trial court properly applied the 2-point drug house sentence enhancement after defendant pleaded guilty to several counts of fentanyl distribution. Although none of the drugs were manufactured at the property, the high number of sales, including three controlled buys from law enforcement in a 2-week period, gave the court sufficient evidence the house was primarily used to facilitate drug deals. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: October 13, 2023, Case #: 22-1961, Categories: Drug Offender, Sentencing
J. Rogers finds the trial court properly denied defendant's motion for a three-level sentencing guideline reduction because the reduction - granted in cases where members of the conspiracy do not complete all the acts necessary to achieve their goal - is applicable only when a criminal offense is not covered by a specific guideline. Therefore, because defendant's convictions were expressly covered by the conspiracy to commit murder sentencing guidelines, he was properly denied the reduction. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: August 28, 2023, Case #: 21-4106, Categories: Murder, Sentencing, Conspiracy
J. Rogers grants, in part, an energy company's petition for review of the Federal Energy Regulatory Commission's approval of an implementation of a revised forfeiture rule for transmission rights. Although the commission properly refused to issue refunds to those who incurred forfeitures under an interim rule, it must explain why it did not require the consideration of leverage when a regional transmission organization determines net profit.
Court: DC Circuit, Judge: Rogers, Filed On: July 14, 2023, Case #: 22-1096 , Categories: Energy
J. Rogers upholds a finding for a union on three former union officers' retaliation claims based on their protected speech. One officer failed to show she engaged in protected speech, another could not show his speech was the reason he was dismissed, and the third officer fails to support his challenges to the trial court's evidentiary rulings. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: June 13, 2023, Case #: 20-7032 , Categories: Constitution, Labor / Unions
J. Rogers upholds the district court's denial of a social welfare group's post-judgment motion to intervene as of right in Campaign Legal Center's challenge to the Federal Election Commission's failure to act on its complaint against the group. Intervention was not required, as the group was not a party to the default judgment in the center's action against the commission.
Court: DC Circuit, Judge: Rogers, Filed On: May 19, 2023, Case #: 22-5140 , Categories: Civil Procedure, Elections