75 results for 'judge:"Martinez"'.
J. Martinez denies, in part, the telemarketer's motion to dismiss, ruling the allegations made by the consumer about the length and nature of at least 20 unsolicited phone calls are sufficient at this stage to support his Telephone Consumer Protection Act claims regarding autodialed telemarketing calls.
Court: USDC New Mexico, Judge: Martinez, Filed On: December 29, 2023, Case #: 2:23cv793, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Evidence, Consumer Law
J. Martinez reverses, in part, the trial court's various rulings in a dispute between several oil and gas producers that had working interests in Cooke Ranch. The trial court improperly awarded bonus amounts to two companies after the jury incorrectly reached a verdict contrary to undisputed testimony. Furthermore, a new trial on certain attorney fees must be held, as portions of fees awarded were based on unsegregated amounts or were not fully explained by the trial court. Reversed in part.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: December 27, 2023, Case #: 04-18-00411-CV , Categories: Energy, Damages, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Martinez finds that an unfair competition claim over allegedly bogus "energy" and "environmental" fees should have been allowed to proceed. A contractor made sufficient allegations for the class action to proceed: a reasonable consumer may be misled about the fees and the fees may actually be recognized by the supplier as profit. Reversed.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: November 15, 2023, Case #: B319260, Categories: Unfair Competition, Class Action
J. Martinez declines to find in favor of either party on the passengers' complaint alleging that Alaska Airlines removed them from their first class seats and subjected them to additional security measures because they are Black Muslims. It is possible that a reasonable juror would find pretext in the passengers' removal based on the testimony of the passengers' witnesses. However, the passengers do not conclusively prove that the pilot was "completely unbelievable" when he said that there were red flags constituting a potential security threat, including the passengers allegedly texting "the word ‘mutasim,’ some Arabic symbols, ‘captain,’ some emojis of middle fingers, and airplanes flying into buildings.”
Court: USDC Western District of Washington, Judge: Martinez, Filed On: November 1, 2023, Case #: 2:22cv1076, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jury
J. Martinez grants an insurer summary judgment in claims contending plaintiff, a pedestrian, had been struck by a car in a parking lot because plaintiff had not reported being dragged by the car or the extent of her injuries to police, and she failed to demonstrate the insurer unreasonably required her to sign a medical authorization form.
Court: USDC Colorado, Judge: Martinez, Filed On: October 20, 2023, Case #: 1:21cv3445, NOS: Insurance - Contract, Categories: Insurance
J. Martinez grants, in part, the class's motion to compel discovery, ruling requests regarding managed care organizations used by the "medically fragile children" are relevant to the case, even though the organizations are not parties, and so the state agencies must provide responsive documents to those interrogatories.
Court: USDC New Mexico, Judge: Martinez, Filed On: October 10, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Medicare, Discovery, Class Action
J. Martinez-Olguin allows some claims to continue against the West Contra Costa School District from a former student who says she was sexually abused by her teacher. The complaint alleges that the principal of the school at the time saw inappropriate touching from the teacher in the classroom, but didn't take any action. The student also alleges that, while talking to the principal, she referred to the teacher as her "girlfriend" and the principal's response was to "pretend she didn't hear that." This is sufficient to allege deliberate indifference by the school district.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: September 28, 2023, Case #: 3:22cv3233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education
J. Martinez grants a company summary judgment in claims concerning a gravel mining contract brought after a gravel pit caused potential flooding upon filling with water because defendants failed to prove concrete harm, and the contract unambiguously holds defendants responsible for further plans concerning the pits.
Court: USDC Colorado, Judge: Martinez, Filed On: September 19, 2023, Case #: 1:21cv2153, NOS: Other Contract - Contract, Categories: Contract
J. Martinez finds the trial court erroneously determined the mother waived her right to a jury trial by failing to appear at a pretrial hearing. Not only did she have a reasonable excuse in the form of positive Covid-19 tests and outward symptoms of the illness, but there is also no legal authority for a court to convert a jury trial into a bench trial under such circumstances. The mother was represented by counsel who expressly told the court she did not wish to waive her right to a jury trial, while the court's speculation her illness was a ruse designed to avoid warrants did not give it the authority to alter proceedings. Reversed.
Court: Colorado Court Of Appeals, Judge: Martinez, Filed On: September 14, 2023, Case #: 2023COA81, Categories: Civil Procedure, Family Law
J. Martinez-Olguin dismisses accounting malpractice claims against an accounting company accused of helping the Zachary Horwitz Ponzi scheme. The scheme revolved around Horwitz using investment funds to purchase movie rights, but lying to investors about his relationship with several major streaming companies and using fake agreements and emails to raise the money. The complaint has not pinpointed exactly how and when the accounting company lied to investors that the money in the scheme was being used as promised. The complaint does not provide a timeline of when the alleged lies were made or to whom they were made, and are largely "too general" to survive.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: August 15, 2023, Case #: 3:23cv287, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Accounting Malpractice