53 results for 'judge:"Bennett"'.
J. Bennett grants cross motions of leave to a mortgage company to file sur-reply and a class of borrowers its motion for leave to file a supplemental authority. Also, grants the class of borrowers’ motion for class certification in a suit against the mortgage company and title firm, in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The proposed class meets all of the preponderance of evidence requirements.
Court: USDC Maryland, Judge: Bennett, Filed On: October 11, 2023, Case #: 1:20cv3449, NOS: Banks and Banking - Other Suits, Categories: Real Estate, Banking / Lending, Class Action
J. Bennett finds that the district court properly entered application of a serious bodily injury enhancement on defendant's conviction for aggravated sexual abuse by force or threat and affirmed the lower court's felony child abuse conviction under the Major Crimes Act. The panel rejected defendant's claim that the enhancement resulted in improper double counting. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: October 6, 2023, Case #: 21-30128, Categories: Sentencing, Sex Offender
J. Bennett finds that the district court improperly entered summary judgment denying qualified immunity to police officers in an action alleging First Amendment retaliation arising from the investigation of two arsons. A couple alleges that in retaliation for remaining silent during police questioning, detectives opened criminal investigations against them. The couple failed to show that the detectives’ conduct violated clearly established law. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: September 29, 2023, Case #: 22-16236, Categories: Civil Rights, Constitution, Immunity
[Consolidated.] J. Bennett grants Under Armour’s motion to dismiss allegations of misrepresentations to the company’s shareholders about its performance and consequent loss in sales. The shareholders collectively filed putative actions for alleged violations of securities laws because the company and its executives hid the company’s losses from shareholders. However, these actions are pending, so the company’s dismissal is granted until the actions are resolved. Also, the court does not have subject matter jurisdiction until those actions are resolved.
Court: USDC Maryland, Judge: Bennett, Filed On: September 27, 2023, Case #: 1:20cv3390, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Securities, Jurisdiction
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J. Bennett allows some claims to continue in a lawsuit brought by an officer and his wife against the Baltimore Police Department. The officer and wife, who run a dog breeding company on the side, sold a litter of puppies to a fellow officer. When that fellow officer was shot and killed, the officer and wife attempted to get the puppies back from the other officer's family. They say the police department was angry with them for requesting the puppies back and retaliated against the husband by suspending him without pay. At this stage, the officer and his wife have sufficiently alleged malicious abuse of internal investigation, conversion and civil conspiracy.
Court: USDC Maryland, Judge: Bennett, Filed On: September 25, 2023, Case #: 1:22cv2752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort
J. Bennett dismisses an action challenging California laws that make it unlawful for any person subject to a civil restraining order issued by a California state court to possess firearms or ammunition. The matter involves a dispute between individuals and their neighbor, which resulted in restraining orders issued against the individuals by the California Superior Court. This case was moot because the restraining orders have expired and there was no reasonable expectation that the individuals will be subject to the same action again.
Court: 9th Circuit, Judge: Bennett , Filed On: September 21, 2023, Case #: 21-56292, Categories: Restraining Order, Firearms
J. Bennett grants Poshmark its motion to dismiss allegations of patent infringement brought by a company specializing in light-up shoes. The company claims that Poshmark replicated and sold one of its shoe models without permission. However, Poshmark is based in California and does not have an established brick-and-mortar business in Maryland, preventing the company from succeeding on this claim.
Court: USDC Maryland, Judge: Bennett, Filed On: August 30, 2023, Case #: 1:22cv1592, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction, Business Practices
J. Bennett finds the lower court properly granted the state’s motion to dismiss in this personal injury matter. A state employee was involved in a vehicle collision in a state-owned parking lot. The employee filed a complaint with the Claims Commission, but it was after the statute of limitations had expired. The instant court finds that the employee’s claim does not qualify as a complaint, and it was filed after the expiration of the 90-day grace period. Because the complaint was not timely filed, it cannot be considered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: August 9, 2023, Case #: M2022-00696-COA-R3-CV, Categories: Tort, Jurisdiction, Workers' Compensation
J. Bennett finds that the district court improperly stayed an action alleging that defendants improperly transferred their assets to insulate them from an $11.8 million New Jersey state court judgment. The company had standing to bring the suit because it raised a question of fact as to whether it was injured by defendants’ asset transfers. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: August 3, 2023, Case #: 22-15466, Categories: Judiciary
J. Bennett declines the wireless internet provider's motion for an injunction to stop the university's proposed sale of its educational broadcast service to T-Mobile, a direct competitor of the provider. The provider claims that the university is in breach of the parties' lease for constitutional reasons. However, because the provider's claims for injunctive and declaratory relief do not fundamentally raise federal law issues, this case is outside this court's subject matter jurisdiction.
Court: USDC Maryland, Judge: Bennett, Filed On: July 21, 2023, Case #: 1:22cv3254, NOS: Other Contract - Contract, Categories: Constitution, Jurisdiction, Contract
J. Bennett finds the lower court improperly dismissed a wife's petition in this matter of criminal contempt. When the parties divorced in 2021 they had a Marital Dissolution Agreement (MDA) that was incorporated into the final decree and established the terms of administration and distribution of a 529 account for their minor child’s education. The wife motioned to compel so that funds from the account could be applied to the child’s private school tuition, and petitioned for criminal contempt alleging Husband had failed to provide statements per the MDA, failing to apply funds to the tuition, and violating her decision-making authority on the child’s education. While the lower court dismissed the petition, finding that double jeopardy had attached to the pending charges, the instant court finds it did not as there is no second prosecution at this stage, only a request for continuation of the same proceeding. The matter is remanded for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: July 14, 2023, Case #: M2022-00953-COA-R3-CV, Categories: Contempt, Family Law, Double Jeopardy
J. Bennett denies Walmart’s motion to dismiss ADA violations allegations made by a former department manager after it denied her leave as an accommodation. Walmart moved to dismiss because it claimed the manager did not timely file suit after given the right to sue by the EEOC, but given that she filed suit within 90 days after opening the EEOC’s email, she has timely filed. However, she does not provide sufficient evidence of Walmart’s violations. She has 30 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: July 13, 2023, Case #: 1:22cv2666, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Bennett grants a former Baltimore maintenance manager’s motion for leave to file an amended complaint after he alleged the city retaliated against him for filing a complaint against it for race discrimination. The manager alleges that a supervisor gave preferential treatment to white employees over Black employees in the form of pay increases and promotions. Following that suit, the manager claims increasing negative treatment by supervisors, and they also retaliated by firing him for not reporting damage to a private vehicle with a city truck and his romantic involvement with another city worker. However, the city has no specific policy against either of these things, thus making the retaliation claim legitimate.
Court: USDC Maryland, Judge: Bennett, Filed On: July 10, 2023, Case #: 1:22cv3268, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bennett finds the lower court properly determined that there was not clear and convincing evidence in this matter of alleged child abuse by a father. The Tennessee Department of Children’s Services received a referral that one of the minor children had experienced at least two incidents of sexual abuse by the father during visitation, and the juvenile court found the child the victim of severe child abuse by the father. But the lower court found there to be a lack of clear and convincing evidence to support the juvenile court’s findings, and did not find the child to be credible. The instant court agrees with the lower court’s findings and does not find that the children are dependent and neglected. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: June 30, 2023, Case #: M2022-01066-COA-R3-JV, Categories: Family Law
J. Bennett finds that the district court improperly dismissed an action brought under the Telephone Consumer Protection Act. An individual alleged that a company sent text messages to her 13-year-old son's cell phone number which she had placed on the National Do-Not-Call Registry. The district court concluded that she lacked standing because she failed to allege that she was the “actual user” of the phone or the “actual recipient” of the text messages. The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has suffered an injury in fact sufficient to support standing. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: June 30, 2023, Case #: 22-16216, Categories: Communications
J. Bennett grants the U.S. Naval Department’s secretary and vice admiral their motion to dismiss with prejudice a suit against them by a sailor whom they kicked out of a Naval Academy preparatory program for bringing alcohol to his dorm and sharing it with other students, one of whom became ill. The department moves to dismiss for a lack of standing, which is warranted here, and the suit cannot proceed anyway because the Navy’s decision to kick the soldier out is nonjusticiable.
Court: USDC Maryland, Judge: Bennett, Filed On: June 21, 2023, Case #: 1:22cv2299, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, Military
J. Bennett grants a vehicle financing agency its motion to compel non-class arbitration after a car buyer alleged state and federal consumer protections violations when the agency repossessed her car for failure to pay. The buyer argues that the agency wrongly charged her a deficiency of over $15,000 still owed on the car. This issue will be decided in arbitration because the buyer signed an agreement to arbitrate should a dispute arise.
Court: USDC Maryland, Judge: Bennett, Filed On: June 15, 2023, Case #: 1:23cv134, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Vehicle, Consumer Law
J. Bennett denies CSX's motion to dismiss tort claims brought by a class of residents alleging exposure to toxic coal dust following an explosion near the residents' homes. The explosion, at a coal processing plant, covered nearby houses in the dust, which contained lead, arsenic, silica and other carcinogenic substances. CSX argues the class cannot state a claim, but the class's allegations are sufficient for property damage, personal injury, trespass and nuisance.
Court: USDC Maryland, Judge: Bennett, Filed On: June 14, 2023, Case #: 1:22cv2684, NOS: Torts to Land - Real Property, Categories: Environment, Property, Tort
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional guilty plea to being a felon in possession of a firearm and ammunition. The arresting officers had probable cause to believe that defendant remained on active parole when he was detained and searched. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: June 6, 2023, Case #: 22-10027, Categories: Firearms, Probation
J. Bennett denies the Baltimore Police Department its motion to dismiss allegations of battery made by a motorist after he was shot in the head by a police officer’s stray bullet during a high-speed chase. The motorist was caught in the crossfire as police chased someone they believed could be a suspect in a string of homicides. The chase occurred over 30 city blocks, including school zones, reaching speeds of up to 90 miles per hour. The motorist survived and developed a traumatic brain injury, limb paralysis, a debilitating seizure disorder, constant pain and loss of independence. The officers argue it was the suspect’s bullet that hit the motorist. However, since the bullet hit him from behind where the police were in pursuit, not from the front where the suspect drove, the motorist’s claim of battery has been satisfied.
Court: USDC Maryland, Judge: Bennett, Filed On: June 2, 2023, Case #: 1:20cv3431, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Firearms, Police Misconduct
J. Bennett finds that the district court properly entered a conviction against defendant for being a felon in possession of a firearm. Defendant was not tried until 557 days after his indictment largely because of the Covid-19 pandemic. The district court properly excluded time under the ends of justice provision concerning the Speedy Trial Act. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: May 30, 2023, Case #: 21-10364, Categories: Constitution, Firearms
J. Bennett partially grants an electroacupuncture device manufacturer its motion to dismiss allegations of RICO violations brought by a group of companies who bought the product for use in their businesses. The companies’ owners claim the manufacturer fraudulently sold the device as a nerve stimulator that was billable under Medicare, but this type of fraud is typical and not serious enough to state a claim.
Court: USDC Maryland, Judge: Bennett, Filed On: May 25, 2023, Case #: 1:22cv1732, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Medicare, Racketeering