91 results for 'judge:"Jones"'.
J. Jones dismisses the employee's complaint asserting that he was the victim of sexual harassment in Target's breakroom. The employee does not allege any description of the alleged sexual harassment to qualify as a single event hostile work environment, but if the employee can add facts from the police report and other evidence, he may file an amended complaint.
Court: USDC Oregon, Judge: Jones, Filed On: December 28, 2023, Case #: 3:23cv1301, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Jones finds the district court improperly granted the Army Corp of Engineer's motion for voluntary remand of approved jurisdictional determinations in its conflict with landowners over privately-owned wetlands. There is no clear demarcation between U.S. waters and the wetlands at issue; therefore, the property is not subject to federal jurisdiction. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: December 18, 2023, Case #: 21-30163, Categories: Property, Water, Jurisdiction
J. Jones grants the gentleman's club's motion to compel arbitration on dancers' wage claims. Certain dancers were added to this collective action more than 4 years after the case was initiated and the owners say they signed arbitration agreements that preclude federal courts from adjudicating their claims. Claims brought under the Fair Labor Standards Act are encompassed by the agreement.
Court: USDC Nevada, Judge: Jones , Filed On: December 11, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Labor
J. Jones finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer is liable for the deficiency and related accuracy-related penalties.
Court: U.S. Tax Court, Judge: Jones, Filed On: December 11, 2023, Case #: 2023-147, Categories: Tax
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J. Jones finds the trial court properly found in favor of the inland tugboat captain in a negligence action. The tugboat, navigating along the middle of the Mississippi river, collided with an ocean-going ship that diverted from its position due to the effect of the river's current as its crew raised anchor. The tugboat maintained a course necessary to avoid another vessel travelling upstream, and the captain made all necessary radio and signal warnings. However, the trial court instructed the jury to apply the incorrect standard of proof for the claim against the at-fault ship captain. Affirmed in part.
Court: 5th Circuit, Judge: Jones , Filed On: December 4, 2023, Case #: 22-30261, Categories: Admiralty, Damages, Negligence
J. Jones grants the state's motion for attorney fees and costs in a case where a party to an ongoing divorce proceeding and her non-attorney "ADA advocate" sent a letter to the court clerk and judge alleging the court is knowingly and willfully denying equal access under the Americans with Disabilities Act. The parties were informed several times in writing and at hearing that the requests were improperly made, including improper, ex-parte communication with the judge. There is no legal basis for the case to proceed, and sanctions are appropriate.
Court: USDC Nevada, Judge: Jones , Filed On: November 22, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Ada / Rehabilitation Act, Sanctions
J. Lloyd- Jones finds a lower court properly dismissed a unionized group of Deliveroo riders' motion to force the company to recognize the union. The drivers argued that they are entitled to collective bargaining rights. However, the central arbitration committee presented sufficient evidence in court that the drivers were not in an employment relationship under the definition of "worker." Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: November 21, 2023, Case #: 2023UKSC43, Categories: Arbitration, Labor / Unions
J. Jones finds that defendant was improperly denied parole after he was charged with robbery and wanton endangerment as a juvenile for putting a gun to a man's head and stealing his money. Defendant, who was convicted of a lesser crime, had already been sentenced as a juvenile, and the trial court had no authority to resentence him as an adult offender.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: November 3, 2023, Case #: 2022-CA-0436-MR, Categories: Juvenile Law, Robbery, Sentencing
J. Jones permanently enjoins state election officials from using redistricting maps drawn up after the 2020 census in any future election and finds that the maps violate Section 2 of the Voting Rights Act by diluting the voting power of Black Georgians. Although all of Georgia's population growth in the last decade was attributable to the minority population, the number of majority-Black congressional and legislative districts remained the same. The current maps violate the Act as to 10 Senate districts, 11 House districts and five congressional districts. The decision calls for the creation of five new Black-majority districts in the state House, two new Black-majority districts in the state Senate and one additional Black-majority congressional district. The state is ordered to enact new plans that comply with the Act by Dec. 8.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: October 26, 2023, Case #: 1:21cv5337, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Jones finds the lower court erroneously determined the prevailing party on a claim-by-claim basis. Recent revisions to Colorado law require a court to determine the prevailing party for the action as a whole; therefore, the case must be remanded for the court to reallocate the award of attorney fees based on its proper determination the unit owner prevailed on its declaratory judgment claim against the owners association. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: October 26, 2023, Case #: 2023COA99, Categories: Attorney Fees, Contract
J. Jones finds that the trial court improperly ruled against two mothers who joined a suit against a student housing complex their children were planning on moving into before being delayed. The apartment complex sought to compel the mothers to comply with a subpoena and requested monetary sanctions against the mothers, to which they responded with a motion to dismiss under the Texas Citizens Participation Act, an anti-SLAPP statute. The housing complex's motion for sanctions runs afoul of the TCPA, entitling the mothers to the dismissal. Moreover, the complex failed to establish a prima facie case for bringing its motion for sanctions in the first place. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: October 26, 2023, Case #: 03-22-00404-CV, Categories: Anti-slapp, Sanctions, Discovery
J. Jones issues an order to compel the boat company to comply with discovery requests from the boat buyers, who claim in their lawsuit that the boat company defrauded them during the sale of a boat. The information the boat buyers seek is relevant to their case and the boat company does not show that this information qualifies as trade secrets or is somehow privileged. Also, because the individual defendant refused to meaningfully participate in the discovery process, he must pay the boat buyers' request for $3,700 in fees.
Court: USDC Western District of Washington, Judge: Jones, Filed On: October 13, 2023, Case #: 2:22cv1594, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Discovery, Attorney Fees
J. Jones dismisses this defamation and invasion of privacy suit brought by the debtor against an employee of his creditor alleging that false and defamatory statements were made to other creditors in the proceedings and to reporters “seeking to generate publicity against [the debtor] ... to leverage and enhance” the position of the creditor. The debtor has not satisfied any option for showing good cause under local rules and fails to respond to the creditor’s argument that the debtor had “text-message[s] prior to the filing of his” opposition brief, but chose not to include them at filing. The debtor provides little context for the text messages which the creditor argues “do not reference this action or relate to the allegations.”
Court: USDC Nevada, Judge: Jones, Filed On: October 12, 2023, Case #: 3:23cv128, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, Defamation, Banking / Lending
J. Jones finds that the trial court properly and improperly ruled in an attorney fees case filed by a law firm against a company. On appeal, the company argues that the trial court’s award of damages to the firm was improper because the company cannot be held liable for such fees and its owner cannot be held liable for damages because she was not a client of the firm. According to state law, limited liability companies cannot have attorney fees issued against them; therefore, the trial court erred in issuing its sanctions in this case. However, under the theory of piercing the corporate veil, the company's owner may be held liable for damages to the firm. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 03-21-00260-CV, Categories: Corporations, Damages, Attorney Fees
J. Raider finds that defendant was improperly sentenced to imprisonment following revocation of pre-trial diversion based on his guilty plea to trafficking in a controlled substance. Although he was terminated from a drug court program in 2018 for absconding, the commonwealth did not move to revoke diversion at that time, and the diversionary period has since expired. Reversed.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 2022-CA-1070-MR, Categories: Criminal Procedure, Drug Offender, Sentencing
J. Jones declines to exercise supplemental jurisdiction over the dog owner's state law claims concerning his complaint that the sheriff's department's officers wrongfully arrested the dog owner for assault, as he allegedly shot a man in self-defense after they had an altercation concerning their dogs fighting. There is nothing to indicate that a Washington state court cannot fairly decide on the dog owner's state law claims, and there is not a significant judicially economical incentive for the federal courts to retain jurisdiction.
Court: USDC Western District of Washington, Judge: Jones, Filed On: September 28, 2023, Case #: 3:21cv5898, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction
J. Jones grants the Louisiana attorney general’s request for mandamus relief seeking to vacate the district court’s remedial hearing on redistricting. The district court did not follow Supreme Court law regarding legislative reapportionment as being a matter for legislative consideration and determination. Rushing redistricting via a court-ordered map is a clear abuse of discretion for which there are no alternative challenges. Issuance of the writ is justified according to many precedents contradicting the court’s procedure.
Court: 5th Circuit, Judge: Jones, Filed On: September 28, 2023, Case #: 23-30642, Categories: Administrative Law, Elections, Government
J. Jones dismisses the parent's and child's abuse of process claim from their complaint alleging that the government abused the legal processes to initiate a prosecution of the parent in order to designate the child as an unaccompanied minor when they crossed the U.S. border near El Paso, Texas. The parent alleges that the government had the ulterior motive of designating the child as an unaccompanied minor when charging the parent with illegal entry, but this is an argument against the government's reasons for the charge rather than an argument against the process itself.
Court: USDC Western District of Washington, Judge: Jones, Filed On: September 25, 2023, Case #: 2:22cv1193, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immigration, Tort
J. Jones finds the district court improperly upheld the federal government’s novel theory of liability alleging that Mississippi's entire mental health care system violates the “integration mandate” of the Americans with Disability Act, which requires services to be administered "in the most integrated setting appropriate to the needs of... individuals with disabilities.” The district court ordered sweeping changes to Mississippi's system, indefinitely appointing a monitor who, along with the federal government and the court, would oversee the system. The scope of the injunction requires more than what is necessary to comply with regulations, and so is an abuse of discretion. Reversed.
Court: 5th Circuit, Judge: Jones, Filed On: September 20, 2023, Case #: 21-60772, Categories: Ada / Rehabilitation Act, Government, Health Care
J. Jones denies the attorney's motion to withdraw and to substitute and remove the original named plaintiff from this fair labor standards collective action alleging that the gentlemen's club has failed to pay wages. Though counsel claims that it has become impossible to represent the worker because she revoked his power of attorney, and she concedes that she made such a revocation, she has also indicated that she did not do this freely and wishes to continue working with the attorney. Counsel's reason does not support his motion for withdrawal. Another worker is also added as a named plaintiff.
Court: USDC Nevada, Judge: Jones , Filed On: September 18, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
[Consolidated] J. Jones finds the district court properly convicted the Mexican national for illegal reentry after a previous deportation. The district court denied defendant's request for a jury instruction about duress relating to his claim that he was forced by a drug cartel to smuggle drugs. Defendant did not present evidence supporting each element of duress. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: September 14, 2023, Case #: 21-51125, Categories: Drug Offender, Immigration, Jury Instructions
J. Jones finds the trial court properly denied defendant's motion to suppress video evidence obtained from a police camera located on a telephone pole. The camera showed only the public street and sidewalk in front of defendant's house and, therefore, was a not a search under the Fourth Amendment. Meanwhile, eight of the 10 money laundering convictions must be vacated because there was no evidence defendant transferred money to anyone else; rather, the evidence showed defendant received money, which is insufficient under Colorado law to support those convictions. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: September 14, 2023, Case #: 2023COA78, Categories: Drug Offender, Search, Money Laundering
J. Jones enters a second amended judgment, altered to reflect a total damages award of $690,852, in favor of the family in this breach of contract action alleging that the company lost money in spite of short-term bridge loans it had received. The company was extensively involved in a pattern of making false representations to the family and other lenders to induce them into believing that it was profitable. The company engaged in this pattern with malice, making punitive damages necessary.
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:19cv520, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Jones grants the software company's motions for summary judgement in this patent infringement suit brought by the internet business applications consulting company regarding a user interface and mobile application. There is no genuine dispute of material fact, and no infringement is found. The "limited relevant objective evidence of non-obviousness unrelated to the accused product is insufficient to overcome the strong case of obviousness."
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:13cv628, NOS: Patent - Property Rights, Categories: Evidence, Patent
J. Jones grants the professor and thesis advisor’s motion to dismiss this suit brought by his Chinese master’s degree student who alleges that he subjected her to a sex trafficking scheme due to her complete reliance upon him to maintain her student status in the United States. The student alleges that the professor first forced her to watch his children, eventually “[raping] and abus[ing her] sexually and emotionally,” because he knew that she could not speak up due to her reliance upon him to stay in the U.S. The student fails to allege sufficient facts. The professor’s alleged conduct does not meet the legal standard for forced labor and sex trafficking.
Court: USDC Nevada, Judge: Jones, Filed On: September 9, 2023, Case #: 3:21cv458, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Immigration, Civil Extortion