26 results for 'judge:"Ruiz"'.
J. Ruiz upholds the trial court's suppression of a firearm seized from defendant's backpack. The government failed to show defendant had abandoned the backpack when the officers retrieved it, without probable cause or a warrant, from a hidden spot within a home with which defendant had a connection. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: April 18, 2024, Case #: 19-CO-1094 , Categories: Evidence, Firearms, Search
J. Ruiz denies the health care providers' motion to dismiss on the grounds of res judicata, ruling their settlement with the Ohio Attorney General does not bar the current action. Although it deals with the same subject matter - the operation of sham corporations to funnel health insurance premiums to individuals running the companies - the attorney general could not litigate claims on the part of the consumers who filed the lawsuit.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: March 20, 2024, Case #: 5:21cv2001, NOS: Other Contract - Contract, Categories: Civil Procedure, Health Care, Contract
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J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Attorney Fees
J. Ruiz denies, in part, the city officials' motion for judgment on the pleadings, ruling no provision in the police officer's CBA covers his Family and Medical Leave Act retaliation claim and, therefore, this court has jurisdiction over the claim, which is not time-barred and was not mooted by a state court settlement.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 29, 2023, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Employment Retaliation
J. Ruiz grants the solar power company's motion to dismiss and compel arbitration, ruling none of the buyer's arguments regarding hard sell tactics relate specifically to the arbitration provision in the parties' contract and, therefore, cannot be used to render that provision unconscionable or unenforceable.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 5:22cv1238, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. Ruiz grants, in part, the lender's motion to stay, ruling that although the federal claims filed by the borrowers cannot be litigated in state court, the foreclosure actions in state court are parallel cases because all of the claims deal with the propriety of late fees charged by the lender after acceleration of the borrowers' mortgages. Therefore, Colorado River abstention applies and the case will be stayed pending the outcome of the foreclosure actions.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:20cv711, NOS: Other Statutory Actions - Other Suits, Categories: Banking / Lending, Class Action, Contract
J. Ruiz denies the insurance administrators' motion to dismiss, ruling the employer insurance plan provider's interpretation of the parties' shared services contract, including that the administrators were required to provide reduced rates for claims, is plausible based on the language in the contract.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:22cv1313, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Ruiz finds the lower court properly refused to sever two murder charges against defendant and try them separately. Although the murders were especially vicious, there is no evidence the jurors were not able to objectively view the proof of each crime for the separate verdict forms. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 29, 2023, Case #: 19-CF-0004 , Categories: Fair Trial, Murder
J. Ruiz upholds the termination of two district employees due to a reduction in force. The workers fail to show the terminations were pretextual, or that the basis for the reduction in force was a sham.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 15, 2023, Case #: 17-CV-1123 , Categories: Employment