58 results for 'judge:"Davis"'.
J. Davis finds that the trial court ruled properly in this civil dispute between the Estate of a decedent and his former stepson alleging fraud in the inducement. There was sufficient evidence the stepson unduly influenced his stepfather to access the funds from the checking account. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 10, 2024, Case #: E2023-00722-COA-R3-CV, Categories: Fraud
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: Transportation, Negligence, Contract
J. Davis finds the district court properly convicted the doctor for unlawful distribution of controlled substances based on sufficient evidence. After the health management company developed concerns about the doctor's inability to maintain patient and medication records, warning him several times, he was terminated and opened a private practice. The DEA launched an investigation into his prescriptions after receiving a tip from a confidential informant, and the ensuing sting operation led to the doctor's arrest. That the prescriptions lacked a legitimate medical purpose is established in that they were issued outside the usual course of professional practice. Affirmed.
Court: 5th Circuit, Judge: Davis , Filed On: May 6, 2024, Case #: 23-30191, Categories: Drug Offender, Fraud, Jury Instructions
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J. Davis finds for the U.S. in this post-award bid protest concerning a contract to provide administrative support to FEMA because the agency's conclusions supported its determination.
Court: Court of Federal Claims, Judge: Davis, Filed On: May 1, 2024, Case #: 23-2194, Categories: Contract
J. Davis finds the district court improperly dismissed the disabled, black employee's discrimination and retaliation claims. The employee was hired to work within the county's drug trafficking division. His request to work remotely in 2020, to avoid contracting COVID after throat surgery, being in remission from cancer, was denied by his supervisor. The employee was placed on administrative leave after complaining of this and an internal data breach involving his family, and was allegedly told to remove religious garments during a later discussion with his supervisor. The district court incorrectly determined that the employee failed to produce evidence that he informed the county of his disabilities or that he requested accommodation. Furthermore, the district court failed to treat the drug trafficking division as the same entity as the county. Vacated.
Court: 5th Circuit, Judge: Davis , Filed On: April 24, 2024, Case #: 23-10872, Categories: Government, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Davis finds the trial court erroneously granted defendant's motion to vacate several of her convictions on wire fraud charges related to embezzlement of grants funds for student scholarships. The evidence presented by the prosecution, including performance reports that showed the disbursement of numerous scholarships not linked to any students, was sufficient to prove all elements of the crimes, including intent. Reversed in part.
Court: 6th Circuit, Judge: Davis, Filed On: April 17, 2024, Case #: 22-5075, Categories: Evidence, Fraud
J. Davis finds for the U.S. in claims challenging the finding that the general services administration overpaid a company for real estate tax increases for six years because the company failed to establish grounds to sue for damages related to the overpayment.
Court: Court of Federal Claims, Judge: Davis, Filed On: April 16, 2024, Case #: 20-116C, Categories: Tax, Contract
J. Davis finds the lower court properly denied a retired detective’s motion for summary judgment on a plaintiff’s claims of fabrication of evidence and malicious prosecution. The detective argues on appeal that the plaintiff fails to show a substantial evidence claim and the court erred when they denied him qualified immunity. A reasonable jury could in fact find a substantial showing of this evidence that the detective made false statements. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: April 15, 2024, Case #: 22-1963, Categories: Immunity, False Claims, Police Misconduct
[Consolidated.] J. Davis finds for the U.S. in this post-award bid protest in which the VA sought a health care clearinghouse contractor to provide services to the office of integrated care because evidence indicated the decision had been reasonable.
Court: Court of Federal Claims, Judge: Davis, Filed On: April 12, 2024, Case #: 23-581C, Categories: Contract
J. Davis partially grants the auditor's motion to dismiss its client's counterclaims in a case arising from the parties' relationship in the years leading up to the client's entry into rehabilitation. Minnesota law governs the motion to dismiss, and the client's claims related to a collection of 2016 investments are time-barred. Other claims, stemming from a 2016 reinsurance transaction and the appointment of an actuary in the same year, are not time-barred. Claims for breach of fiduciary duty are dismissed for failure to state a claim, as are claims alleging fraudulent concealment.
Court: USDC Minnesota, Judge: Davis, Filed On: March 29, 2024, Case #: 0:22cv3132, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Choice Of Law, Contract
J. Davis finds the lower court properly terminated the parental rights of a father to his two minor children on grounds of abandonment by failure to establish a suitable home, persistence of conditions, failure to establish parentage to one of the children, substantial noncompliance with the permanency plan, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests. The children were removed from their parents’ custody after the Department of Childrens’ Services found the children were exposed to violence and drugs in the home. The father did not have contact with the children for an extended period of time, failed to contact the children's case worker when he was released from jail, and did not complete any of the requirements in the established permanency plan.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: March 27, 2024, Case #: M2023-00354-COA-R3-PT, Categories: Family Law
J. Davis denies the government's motion for summary judgment in the deceased Vietnam veteran's wife's medical-malpractice suit on her husband's behalf, and denies the wife's motion for leave to file a motion to strike the government's expert physicians' surrebuttal declarations. The wife has exhausted her administrative remedies, since the Veteran's Administration took nearly two years to issue a decision on her claim, and did so after this litigation began. Additionally, questions of fact remain as to whether the wife can establish that the Veterans Administration's failure to dialyze the veteran led to his cardiac arrest. Finally, a prior order in this case did not bar admission of the expert surrebuttals.
Court: USDC Minnesota, Judge: Davis, Filed On: March 27, 2024, Case #: 0:21cv1431, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Davis grants the insurer's motion for summary judgment in the disability benefits seeker's suit challenging the insurer's denial of long-term disability benefits on the basis that the benefits seeker's gunshot wounds and subsequent disability resulted from his commission of an assault, for which charges were later dismissed. The policy at issue's exclusion for disability resulting from the insured's criminal acts applies to the benefit seeker's injuries, which stemmed from an altercation in which he drove his truck into a group of people in a driveway and was shot by one of them.
Court: USDC Minnesota, Judge: Davis, Filed On: March 26, 2024, Case #: 0:22cv1918, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Davis partially grants the prison officials' motion for summary judgment on the prisoner's claims against them. The officials are entitled to Eleventh Amendment immunity on a request for monetary damages, and a failure-to-intervene claim against a corrections officer who allegedly observed her husband and another officer attacking the prisoner fails because the prisoner was not in a position, according to video evidence, to see whether the officer was watching. Other claims against the officer survive.
Court: USDC Middle District of Florida, Judge: Davis, Filed On: March 22, 2024, Case #: 3:22cv298, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Davis finds the trial court properly imposed a two-level flight enhancement to defendant's sentence. Although he was not the driver of the vehicle that led police on a high-speed chase through a residential area, he was an active participant in the crime that led to the chase and immediately fled from police when the car eventually crashed, which allowed the court to infer he actively participated in the reckless flight from police. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: March 11, 2024, Case #: 23-3078, Categories: Firearms, Sentencing
J. Davis partially grants the prisoner's motion to compel discovery and dismisses the prison officials' motions for summary judgment in a case alleging failures to treat the prisoner's serious medical needs. A request for documents and communications from 2020 through today related to requests for and use of pull-up diapers in the prison is not overly broad, and is granted, as is a request for information on the number of inmates who suffer from incontinence. A request for information on these inmates is granted, with redactions of identifying information. The officials must also provide available communications between their staff and ADA coordinators discussing the prisoner, assessments of his status as a mobility-impaired inmate, documents relied upon to assess the prisoner's medical condition for the purposes of ADA compliance or the necessity for an assistant, and documents related to wound care protocols and a "wound program." A request for orientation documents provided to inmates upon transfers to new facilities is also granted, as are requests for identification of the individuals involved in determining the prisoner's ADA status and communications about his recent transfer. His requests are otherwise denied.
Court: USDC Middle District of Florida, Judge: Davis, Filed On: February 14, 2024, Case #: 3:22cv997, NOS: Prison Condition - Habeas Corpus, Categories: Discovery, Prisoners' Rights
J. Davis finds for the U.S. in this post-award bid protest concerning a contract for technical workforce training and curriculum development services because NASA's evaluation process was fair and reasonable.
Court: Court of Federal Claims, Judge: Davis, Filed On: January 30, 2024, Case #: 23-1738, Categories: Contract
J. Davis finds the lower court properly granted the employer's motion for summary judgment and determined it was not a common carrier under the Federal Employers' Liability Act. While a portion of its corporate structure qualifies, the entity that controlled the bridge repairs and employed the injured employee was not inextricably linked to the railway chain of commerce and, therefore, could not be held liable under the Act. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: January 3, 2024, Case #: 22-5794, Categories: Employment, Negligence