95 results for 'judge:"Jackson"'.
J. Jackson finds that the trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: January 5, 2024, Case #: A165198, Categories: Murder, Parole, Restitution
J. Jackson grants a post-judgment request by an offshore marine transportation company and sharply reduces a jury’s award of $1.5 million in punitive damages to an employee for shoulder, back and neck injuries suffered in a personnel basket transfer. The employer’s conduct was “hardly reprehensible enough to support such a shocking sum.” The ruling reduces the punitive damages award to an “elevated, but constitutionally tenable” total of $90,000.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: December 21, 2023, Case #: 3:20cv92, NOS: Marine - Contract, Categories: Jury, Maritime, Damages
J. Jackson grants summary judgment to a city, police department and police officer, dismissing false arrest and excessive force claims by a woman the officer Tased without warning after she twice swung a hammer at the head of another woman. The arrested woman failed to offer any evidence to rebut the officer’s version of events, and the Fourth Amendment permits an officer to use reasonable force to subdue a suspect that poses an immediate threat to the safety of others.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: December 19, 2023, Case #: 3:21cv459, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Constitution, Evidence
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J. Jackson-Akiwumi finds that the lower court improperly found for the employer on a warehouse manager's age discrimination claims. The employee was considered an exemplary worker until a new supervisor came on board who managed to fire the employee within 25 days of joining the company. His reasons for being dissatisfied with the employee's performance within such a short time period do not hold up to scrutiny, and emails suggest the supervisor was searching for reasons to support a decision he had already made. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: December 15, 2023, Case #: 22-1180, Categories: Civil Rights, Employment Discrimination
J. Jackson denies a preliminary injunction to a group of street vendors who challenge the district's "Clean Hands Law," which does not allow a vendor to get a license or permit if the vendor owes $100 in past due taxes, fines, penalties or interest. The vendors cannot show irreparable harm, as they can seek financial relief via a related amnesty program.
Court: USDC District of Columbia, Judge: Jackson, Filed On: December 1, 2023, Case #: 1:23cv1785, NOS: Constitutionality of State Statutes - Other Suits, Categories: Licensing, Injunction
J. Jackson denies summary judgment to a Louisiana state trooper on her argument that a fleeing car passenger cannot produce sufficient evidence to support his claim she violated his constitutional rights when she shot him in the back during a traffic stop, leaving him paralyzed from the waist down. Having reviewed a security video in real time, a reasonable jury could find that the trooper’s conduct violated a constitutional right.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 28, 2023, Case #: 3:19cv391, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Police Misconduct
J. Jackson-Akiwumi finds that the bankruptcy court properly disallowed the creditor's claim in its entirety because the matter of the loan's repayment was already decided by a consent agreement. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: November 27, 2023, Case #: 22-1424, Categories: Bankruptcy
J. Jackson remands a case challenging a decision to grant a right-of-way to the Utah Department of Transportation for construction of a highway through the Red Cliffs National Conservation Area. The government contends more environmental analysis is needed, and has agreed to complete a supplemental environmental impact statement and solicit comments from the public.
Court: USDC District of Columbia, Judge: Jackson, Filed On: November 16, 2023, Case #: 1:21cv1506, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Jackson grants the well owner's motion to certify class in this action alleging a "breach of the implied duty to market" against the defendant well operator and lessees. The well owner asserts that the defendants improperly deduct royalties for processing "for purposes of obtaining marketability," and the court concludes that it has sufficiently satisfied its burden to establish the case as a class action.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: November 8, 2023, Case #: 6:17cv101, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Jackson-Akiwumi finds that the lower court properly dismissed a securities fraud suit alleging that a proxy statement disclosing the terms of a merger contained materially misleading statements. The proxy statement contained all required disclosures, and the shareholders cannot save their claims by arguing that the disclosures were not emphasized enough. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: November 6, 2023, Case #: 21-3234, Categories: Fraud, Securities
J. Jackson declines to remand to state court the school board's lawsuit accusing Facebook, Instagram and Tik-Tok of being highly addictive to children and harmful to the learning environment it is required to provide for its students. The school board argues that it is an arm of the state and therefore immune from federal jurisdiction under the Eleventh Amendment, but this argument "has been squarely rejected by the U.S. Court of Appeals for the Fifth Circuit, each of the three Louisiana U.S. District Courts, and Louisiana's state courts, too."
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 2, 2023, Case #: 3:23cv807, NOS: Torts to Land - Real Property, Categories: Tort, Immunity, Jurisdiction
J. Jackson grants the dismissal motions in this suit asserting claims under the Fair Debt Collection Practices Act and the Oklahoma Consumer Protection Act, as well as for civil conspiracy and abuse of process. The plaintiff lot owner fails to state a claim under the Fair Debt Collection Practices Act, though he will be allowed to seek leave to amend. The court also declines to exercise jurisdiction over the state law claims.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: October 30, 2023, Case #: 6:23cv167, NOS: Insurance - Contract, Categories: Debt Collection, Consumer Law
J. Jackson-Akiwumi finds that the lower court properly sentenced the transgender defendant to 18 months in prison, below the statutory maximum of 24 months months, for violating her supervised release. The court adequately took into consideration the heightened risk of sexual assault she would face in prison. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: October 23, 2023, Case #: 22-2061, Categories: Constitution, Sentencing
J. Jackson grants summary judgment to a suburban fire chief and against two former employees who allege he discriminated against them because they got married. To the contrary, the ruling holds, the fire chief only prohibited the department’s receptionist from marrying an ex-district fire chief to avoid chain-of-command and workplace morale issues that would arise from the subordinate being managed by the district’s second-in-command — her ex-husband. She disregarded the fire chief’s policy, married the ex-chief, and lost her job. The evidence shows that a rational relationship existed between the fire chief’s policy of requiring the receptionist to choose between marrying the ex-chief and her job — particularly given the “chaos” the couple created at the fire department when they first began dating in 2016. At the time, they were both married, but not to each other.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: October 19, 2023, Case #: 221cv287, NOS: Insurance - Contract, Categories: Civil Rights, Constitution, Settlements
J. Jackson denies a request by a California-based filmmaker to dismiss on jurisdictional grounds a lawsuit by a Louisiana-based company that pilots drones for aerial photography, after alleging $587,228 in damages, from unpaid fees, damaged equipment and unpaid drone pilot fees. Hired for a documentary about a scallop fishing vessel off the coast of Massachusetts, production failed allegedly due to poor conditions for filming and the Louisiana drone owner became “deathly seasick.” The litigants’ resulting contract dispute must be resolved in a Louisiana court. The evidence shows that the filmmaker waived jurisdiction by virtue of a forum selection clause in a binding contract.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:22cv912, NOS: Other Contract - Contract, Categories: Damages, Jurisdiction, Contract
J. Jackson denies summary judgment to an eastern Louisiana police department and a parish sheriff’s office on state-law claims filed on behalf of the minor child of a car passenger shot to death by two lawmen, during a traffic stop for a failed license plate light. The same video evidence that creates a genuine dispute regarding the constitutional excessive force claim against the police officer and the sheriff’s deputy also establishes a genuine dispute as to these claims to state-law claims excessive force, assault and battery.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:20cv221, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Jackson finds a lower court properly dismissed a family's declaration of death claims against a hospital. The family argued that their decedent, who was punched in the side of his head by another bar patron, which resulted in his death, was not considered as deceased when his brain stem died. However, the hospital presented sufficient evidence in court that the brain stem controls all essential bodily functions, even though a respirator has the function to artificially sustain life. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: September 27, 2023, Case #: CA-2023-1805, Categories: Family Law, Health Care, Wrongful Death
J. Jackson finds that the trial court should not have excluded impeachment evidence about the victim's prior convictions and inconsistent statements but the error was harmless and the evidence supports defendant's conviction for corporal injury on a romantic partner. But he is entitled to resentencing due to a retroactively applicable change in law that limits the imposition of upper term sentences. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: September 26, 2023, Case #: A163112, Categories: Robbery, Sentencing, Domestic Violence