66 results for 'judge:"Collins"'.
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract
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J. Collins finds that the superior court properly denied the property developer’s request for a writ of mandate challenging Los Angeles’ denial of its request for a zoning change to comply with standards involving construction of a housing subdivision in a high wildfire hazard area. Though specific zones are not expressly listed in the general plan, they are incorporated by reference because the general plan allows all zones, even those that are “more restrictive” than those listed. A rezoning exemption cited by the developer does not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Collins, Filed On: October 26, 2023, Case #: B314750, Categories: Construction, Environment, Zoning
J. Collins finds that the district court properly granted summary judgment to the Swinomish Indian Tribal Community, Tulalip Tribes and Upper Skagit Indian Tribe in a long-running case regarding Indian fishing rights in certain waters in Washington state. The Swinomish Tribe met their burden to show that there was no evidence in the record of historical fishing by the Lummi Nation in the disputed waters. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: October 3, 2023, Case #: 21-35812, Categories: Evidence, Native Americans, Water
J. Collins finds that the district court improperly allowed defendants' counsel to elicit the opinions expressed in a police report prepared by the Arizona Department of Public Safety as to the cause of a vehicle collision in a wrongful death trial arising from a collision between a sedan and a tour bus on a U.S. highway within the boundaries of the Navajo Nation reservation. However, the district court properly found in favor of defendants to the extent that it dismissed all claims that had been asserted solely under Navajo law. Affirmed in part.
Court: 9th Circuit, Judge: Collins, Filed On: September 22, 2023, Case #: 20-15908, Categories: Native Americans, Vehicle, Wrongful Death
J. Collins finds that the district court properly entered defendant's conviction under the Federal Food, Drug, and Cosmetic Act (FDCA) for shipping misbranded drugs. Defendant claims that the lower court was incorrect in concluding that the charged offense did not require proof that he knew that the drugs he shipped were misbranded. The text of the various provisions of the FDCA at issue does not contain any language that imposes a knowledge of wrongdoing requirement. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 20, 2023, Case #: 22-30048, Categories: Evidence
J. Collins finds that the district court properly granted summary judgment to a number of Indian communities in a long-running case regarding Indian fishing rights in certain waters of Washington state. The dispute involved fishing places in which the Lummi Nation have fishing rights under a 1974 decree over the waters east of Whidbey Island in Puget Sound. The district court correctly held that the Indian communities, the Swinomish, Tulalip, and Upper Skagit carried their burden to warrant a ruling under the decree that the Lummi’s usual and accustomed fishing grounds and stations did not extend to the disputed waters at issue. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 11, 2023, Case #: 21-35812, Categories: Native Americans, Water
J. Collins finds the trial court erroneously denied defendant's motion to withdraw his guilty plea to eluding arrest. Its decision to impose a 30-day prison sentence on top of the 24-month suspended sentence was harsher than the one agreed to by the state and prejudiced defendant. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: September 5, 2023, Case #: COA23-24, Categories: Sentencing, Plea
J. Collins holds the trial court properly found the husband violated the parties' separation agreement when he failed to send her payments from his military pension benefits. Although she is not entitled to receive payments directly from the Department of Defense given the length of the couple's marriage, this does not void the husband's duty to make payments. Affirmed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: September 5, 2023, Case #: COA23-66, Categories: Family Law, Pensions, Military
J. Collins finds that the district court properly entered judgment in a matter in which an immigrant entered a conditional guilty plea to unlawful reentry by a previously removed alien. The immigrant claimed that his indictment should have been dismissed on the ground that the removal order underlying his unlawful reentry charge was invalid due to an error by the immigration judge. The immigrant was still subject to a general rule in which he may not challenge the validity of his predicate removal order. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 31, 2023, Case #: 21-10260, Categories: Immigration
J. Collins holds that the trial court must recalculate defendant's custody credits on his sentence for assault with force likely to cause great bodily injury. He has also fully satisfied a $280 restitution fine and a $280 parole revocation fine through excess days he spent in custody. However, the restitution order for funeral and burial expenses was proper. Defendant's cousin would not have been killed if defendant had not started a fistfight that ended when defendant summoned help from a friend who shot and killed the cousin. Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: August 31, 2023, Case #: B325493, Categories: Sentencing, Assault, Restitution
J. Collins finds that the district court properly entered a sentence following a guilty plea to possession of a firearm by a convicted felon. Defendant argued that the district court should not consider his prior 2004 federal convictions in determining his sentencing range. Neither the Constitution nor any federal statute granted defendant a right to challenge the validity of his 2004 convictions in connection with their use in enhancing his sentence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 15, 2023, Case #: 21-30277, Categories: Firearms, Sentencing
J. Collins finds that the district court properly affirmed a bankruptcy court’s judgment in favor of the United States in an adversary proceeding brought by the former chief financial officer of a company as a Chapter 13 debtor. The bankruptcy court’s judgment was sufficiently “final” because it fully disposed of the claims raised in an adversary complaint. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 11, 2023, Case #: 20-56047, Categories: Bankruptcy
J. Collins finds that the trial court, which refused to resentence defendant, was not required to vacate his second-degree murder conviction based on the jury's rejection of a special circumstance that the murder happened during a robbery. A valid theory of murder applies. He directly aided and abetted murder with malice aforethought by disconnecting a phone line at the murder scene and then telling the shooter to "kill him, kill him." Affirmed.
Court: California Courts Of Appeal, Judge: Collins, Filed On: July 11, 2023, Case #: B317896, Categories: Murder, Sentencing, Accomplice Liability