138 results for 'judge:"Rodriguez"'.
J. Rodriguez finds that evidence did not support defendant's conviction for stalking a politician and his family. Though his communications made disconcerting references to the politician's family, he was engaged in constitutionally protected speech when he attended an open house at the politician's home, made comments on Facebook and mailed a letter to the politician. In context, a reasonable person would not find that the communications, which were focused on a school bond measure and corruption in local politics, were a true threat. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: September 26, 2023, Case #: A163458, Categories: Harassment, Civil Rights
J. Rodriguez holds that the trial court erred in dismissing a civil rights claim against Facebook over its advertising delivery algorithm. The complaint made adequate allegations that Facebook’s reliance on age and gender to target users intentionally discriminates against women and older people by depriving them of insurance ads. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: September 21, 2023, Case #: A164880, Categories: Civil Rights
J. Rodriguez finds a lower court erred when it declined to dismiss a wrongful-termination suit brought against a school district. While the former employee in the case said she was terminated after reporting timekeeping theft by her coworkers, she has failed to allege a violation under the Texas Whistleblower Act because the alleged thefts were violations of school-district protocol rather than a law. The school district therefore maintains immunity in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 21, 2023, Case #: 08-23-00021-CV, Categories: Education, Immunity, Employment Retaliation
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J. Rodriguez finds a lower court ruled correctly by mostly ruling in favor of Austin after an employee accused the city of employment discrimination. The jury found that Austin had indeed taken some retaliatory actions against the employee but awarded him zero damages. The employee argued the jury and the lower court had erred in a number of ways, including when prosecutors referenced “domestic violence allegation details and false news reports” against him during closing arguments, but he did not adequately preserve error, and the jury could have reasonably concluded that he “did suffer mental anguish but [that] it stemmed from other circumstances in his life unconnected to his work environment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 6, 2023, Case #: 08-23-00041-CV, Categories: Civil Procedure, Jury, Employment Retaliation
J. Rodriguez finds a lower court erred in denying a truck company's motion to stay proceedings and compel arbitration in a lawsuit stemming from a fatal workplace accident. While the worker's widow argues the company is liable for the death because it allegedly failed to train the worker on safe ladder use, there was nonetheless a valid arbitration agreement covering claims that the widow is now making. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 1, 2023, Case #: 08-22-00226-CV, Categories: Arbitration, Employment, Wrongful Death
J. Rodriguez denies two NASCAR shareholders’ counterclaim for summary judgment after they did not comply with an indemnity agreement with a stock car racing team that purchased a charter. When the team discovered a security interest in the charter, it refused to pay the second half of $2 million but eventually did pay after two shareholders signed an indemnity agreement. But a third shareholder did not sign, which the other two argue means that the agreement is unenforceable. But, in North Carolina, the shareholders’ subjective belief about this and their lack of action based on that belief is not sufficient to warrant summary judgement.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 30, 2023, Case #: 3:22cv138, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Commerce, Enforcement Of Judgments, Contract
J. Rodriguez declines to dismiss claims contending Dish Network infringed U.S. Patent No. 9,392,302 because the parties were in early discovery stages.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 28, 2023, Case #: 1:22cv3037, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent, Discovery
J. Rodriguez finds that the trial court properly refused to dismiss the daughters' claim under the Texas Citizens Participation Act in a breach of fiduciary duty complaint against the father arising from his actions while serving as co-trustee of their identical irrevocable trusts. The daughters alleged that the father breached his fiduciary duty by continuing the prosecution of crossclaims for damages against the mother despite the daughters' opposition. The Act does not apply to claims brought by trust beneficiaries for violations of the trust code. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 25, 2023, Case #: 08-23-00119-CV, Categories: Trusts, Fiduciary Duty
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Contract
J. Rodriguez denies the estate executor's second petition for mandamus against the probate court judge seeking to require the court to award possession of a piece of property. The estate administrator failed to show he is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 23, 2023, Case #: 08-23-00220-CV, Categories: Property
J. Rodriguez finds that the trial court properly denied the investors' motion to dismiss the restaurants' declaratory relief, fraud and breach of fiduciary duty counterclaims on the investors' fraud and breach of contract action. The investors failed to show that any of the parties' pre-suit communications pertained to a judicial proceeding sufficient to invoke the Texas Citizens Participation Act. The counterclaims arose from issues which allegedly occurred before the investors filed the action. The investors also failed to show that the counterclaim implicates matters of public concern just because the restaurants were impacted by the Covid-19 pandemic and received federal loans. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 17, 2023, Case #: 08-22-00208-CV, Categories: Fraud, Contract
J. Rodriguez dismisses a lawsuit brought against a communications company for alleged infringement of computer security patents. “Merely providing software for a customer to use does not constitute direct infringement of a patent that requires a combination of both software and hardware,” and the suing company does not allege that the communications company makes infringing hardware.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: August 16, 2023, Case #: 6:22cv1039, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Rodriguez partially grants a motion to exclude filed by a public school district after it was sued by a former student who alleged she was sexually abused by two male teachers and that the school district ignored her outcries. One expert specializes in school responses to Title IX complaints, and while the school district argues this case does not require this “scientific, technical, or specialized knowledge,” such objections “are best saved for a motion in limine or trial.” The other expert specializes in education administration, and while he may offer relevant testimony in this area, he cannot testify on a specific incident of alleged abuse.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: August 16, 2023, Case #: 5:21cv369, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Experts
J. Rodriguez finds a lower court ruled correctly in revoking defendant’s community supervision for violating a protective order after he allegedly failed to submit to required drug testing. Defendant argued the revocation was “unduly influenced by a pending murder charge against him,” but defendant was aware of his probation requirements and therefore “[d]ue process was satisfied.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 16, 2023, Case #: 08-23-00120-CR, Categories: Bail, Due Process, Commitment
[Consolidated.] J. Rodriguez mostly dismisses a patent dispute brought by an Australian lifestyle blog against several major companies such as including Microsoft and Meta for alleged infringement of patents on search algorithms and systems. The cases, initially separated, have been consolidated because “all three cases concern the same underlying patents” and center on “similar arguments.” For the most part, the asserted patents are not valid because they purport to do “what humans have long done — make recommendations by analyzing a user’s preferences.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: August 14, 2023, Case #: 6:23cv108, NOS: Patent - Property Rights, Categories: Evidence, Patent
J. Rodriguez finds a lower court ruled correctly in granting summary judgment on limitations to a driver after he was sued by a pedestrian following an accident. While the pedestrian sued the driver “on the last day of the limitations period,” he did not serve him “until nearly two years later.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 14, 2023, Case #: 08-22-00227-CV, Categories: Tort, Vehicle, Due Process
J. Rodriguez grants a County Sheriff Office's motion to dismiss a former detainee's civil rights claims concerning allegations of excessive force and inhumane conditions inside of a jail house. The County Sheriff Office sufficiently shows that it is not a proper party to move ahead on civil rights claims and that the individual was a pretrial detainee at the time of the alleged offenses, and not an inmate facing a conviction.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: August 9, 2023, Case #: 3:23cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Rodriguez finds a lower court ruled correctly in admitting evidence of a prior settlement with a hospital in a medical negligence suit brought against a group of doctors by the widow of a deceased man. The widow argued the court had abused its discretion by allowing evidence of the prior settlement, resulting in an improper verdict, but she did not adequately preserve error nor provide a complete case record that could back up her arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-22-00245-CV, Categories: Civil Procedure, Negligence, Medical Malpractice