35 results for 'judge:"Holmes "'.
J. Holmes grants in part this motion for attorney fees filed in connection with a motion to compel discovery. The court will award $8,000 in attorney fees as a discovery sanction, as the defendant company's nondisclosure was not "substantially justified."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: May 1, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Holmes finds that the lower court properly denied a request to preliminarily enjoin a new rule from the Department of Labor that requires federal contractors to pay their employees a $15 minimum wage. The groups challenging the new rule have not shown they are likely to prevail on the merits of their claims, given that the rule was issued with proper authority and was not an arbitrary move from the Department of Labor. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: April 30, 2024, Case #: 22-1023, Categories: Labor, Injunction
J. Holmes partially grants the individual plaintiff's motion for attorney fees in connection with his motion to compel discovery. The court previously ordered the defendant company to produce certain documents and "to make a corporate representative available" to provide testimony on certain topics. The defendant company now argues that there was a conflict regarding its duties under Italian data privacy laws, but the court concludes that its failure to provide certain documents was not "substantially justified." Not all of the requested fees are reasonable, however, as a discovery sanction.
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: April 30, 2024, Case #: 3:20cv1103, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Holmes finds that the lower court properly granted qualified immunity to a handful of police officials after a person who was convicted and then later declared innocent of burglary sued them with claims that they doctored up evidence to wrongfully convict him. It is recognized that our "system���s imperfection" resulted in the man being imprisoned for a crime he did not commit, but he has not gone so far as to show that the officers violated his rights or acted with blatant disregard towards his well-being during their investigation.
Court: 10th Circuit, Judge: Holmes , Filed On: April 26, 2024, Case #: 22-8015, Categories: Civil Rights, Immunity
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J. Holmes finds that the lower court improperly in part granted summary judgment to Netflix after a photographer claimed that the company used several of his videos in its Tiger King documentary series without his permission. While the photographer has waived his right to appeal most of the videos, there is one video he has a potential claim to make upon. Netflix claims their use of the single video fell under its fair use rights, but in doing so, did not provide any evidence that showed the "absence of a market impact" related to its use of the video. Further proceedings on that sole video copyright claim are needed as a result. Reversed in part.
Court: 10th Circuit, Judge: Holmes , Filed On: March 27, 2024, Case #: 22-6086, Categories: Trademark
J. Holmes finds that the lower court properly convicted defendant of murder and unlawful firearm possession as part of his involvement in the Syndicato de Nuevo
M��xico, a prison gang. Defendant claims that the lower court violated his right to a speedy trial and allowed prejudicial evidence during trial, but his claims are without merit. Any prejudice injected into proceedings from certain murder evidence did not outweigh its overall value and was properly allowed, and the duration of his legal proceedings did not violate the Speedy Trial Act. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: February 16, 2024, Case #: 22-2034, Categories: Murder, Speedy Trial, Gangs
J. Holmes finds that the lower court improperly dismissed all claims against an insurance company in a lawsuit stemming from its decision to deny coverage to a plan participant and the participant's daughter, who needed residential treatment for mental health issues. While the claims regarding their ERISA plan were properly tossed, given that the company did not deny their claim under the plan arbitrarily, a claim under the Mental Health Parity and Addiction Equity Act should have been allowed to proceed. The family properly raised a claim under that Act by showing a clear disparity between treatment limits for care at a residential treatment center compared to those of other medical care options as they applied to the daughter who needed them.
Court: 10th Circuit, Judge: Holmes, Filed On: November 21, 2023, Case #: 21-4110, Categories: Erisa, Insurance
J. Holmes finds that the lower court improperly found in favor of a school district regarding Title IX claims from a former student who says the school was deliberately indifferent to sexual abuse perpetrated by a seventh-grade teacher. The lower court found in favor of the school district on the grounds that the district did not have notice that the teacher posed a risk of abuse before it learned he had been reported to the police. A jury, however, could reasonably conclude that prior reports of the teacher's behavior gave notice to people working at the district of the risk. Reversed.
Court: 10th Circuit, Judge: Holmes, Filed On: November 7, 2023, Case #: 21-8078, Categories: Education
J. Holmes dismisses HDI Global Specialty SE from a dispute between insurance companies regarding who should defend and indemnify a construction company in an underlying litigation. The policy associated with HDI Global was issued in Texas and the subcontractor to whom the policy was issued is located in Texas. Therefore, the law of Texas governs this policy and under Texas law the policy is unenforceable to the extent it provides additional insured coverage for the contractor's own negligence or fault.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 5:23cv5037, NOS: Insurance - Contract, Categories: Insurance, Choice Of Law
J. Holmes finds the patients can proceed with several claims relating to invasion of privacy and breach of fiduciary duty against a medical service provider where private individual information, such as social security numbers, was released after a cyberattack. For instance, the negligence and breach of implied contract claims are adequately pleaded.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 2:23cv2002, NOS: Tort Product Liability - Real Property, Categories: Tort, Privacy, Business Practices
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Malicious Prosecution
J. Holmes finds for the commissioner of internal revenue in this tax liability dispute because capitalized interest payments the owner made to the company did not constitute deductible interest payments.
Court: U.S. Tax Court, Judge: Holmes, Filed On: September 11, 2023, Case #: 2023-114, Categories: Tax
J. Holmes recommends that the commissioner���s dismissal motion be granted and that this pro se lawsuit be dismissed in its entirety. The individual plaintiff contends that the Tennessee Department of Human Services has wrongfully attempted ���some type of collection proceedings against him for child support payments.��� However, he fails to clearly include the factual allegations underlying the suit. He also fails to raise any ���viable legal claims for relief that save his lawsuit from dismissal.���
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: August 10, 2023, Case #: 3:23cv134, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Family Law
J. Holmes finds that the lower court properly found against a series of salepersons and their affiliates who sold solar lenses to investors that were later alleged by the government to be a part of a solar energy tax scheme. Individuals and entities that were paid commissions for selling those lenses were then sued with fraudulent transfer and unregistered sales of securities claims by a court-appointed receiver. The lower court properly ordered those who received commissions to pay disgorgement. The solar lens scheme was an investment contract subject to securities laws that required them to be registered under the law, which they were not. And because the commission payments were based on illegal contracts that broke those securities laws, returning those payments was the correct remedy. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: August 7, 2023, Case #: 21-4065 , Categories: Remedies, Securities, Contract
J. Holmes finds that the lower court improperly found that it lacked authority to review a post-judgment relief request from a native tribe in a dispute with Wyoming over the tribe's treaty hunting rights. The lower court did not properly consider whether there were changes in legal or factual circumstances that justified relief before it declared it lacked the authority to review the hunting rights dispute. More proceedings are also needed because specific findings will provide this court with a "crystalized record" that will help navigate potential future appeals. Vacated.
Court: 10th Circuit, Judge: Holmes, Filed On: July 24, 2023, Case #: 21-8050, Categories: Native Americans, Agency