138 results for 'judge:"Rodriguez"'.
J. Rodriguez finds a lower court ruled correctly in allowing evidence in a child sex abuse case to which defendant pleaded nolo contendere. The victim, a teenage runaway, was found hiding in defendant’s home during a search, helping to secure his conviction. Defendant argued that the search was illegal and that this evidence — the fact that the runaway was found in his home — should have been suppressed, but defendant has not preserved errors for review, and authorities argued the search was an “emergency situation” intended to rescue the victim rather than gather evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-23-00011-CR, Categories: Evidence, Search, Due Process
J. Rodriguez finds a lower court ruled correctly in granting a diocese’s plea to the jurisdiction after a “group of parishioners who raised funds to build a new church” sued the diocese for fraud and other claims because the diocese “accepted the funds but ultimately decided not to build the church.” Diocese leadership ultimately decided building a new church was not the best option, and while parishioners argue their claims invoke “neutral principles of law,” in fact “each claim implicates an ecclesiastical matter of church organization and governance” and this court therefore cannot get involved under the First Amendment. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 2, 2023, Case #: 08-22-00204-CV, Categories: Fraud, Jurisdiction, First Amendment
J. Rodriguez grants in part a security services company its motion to compel arbitration following race and national origin discrimination allegations brought by a former staff member who is an Ethiopian immigrant. The company has properly established an agreement with the staff member, and so the fact that both parties signed it subjects them to arbitration. However, the action will not be dismissed nor stayed until after arbitration.
Court: USDC Colorado, Judge: Rodriguez, Filed On: August 2, 2023, Case #: 1:22cv2409, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Employment Discrimination
J. Rodriguez finds a lower court ruled correctly in allowing testimony from a forensic expert at a murder trial. Defendant argued the testimony was improper because the lab where the expert worked was not accredited at the time it had tested the alleged murder weapon, and while this is a valid point, the error was “harmless” because the evidence of his guilt was multifaceted and “overwhelming.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 1, 2023, Case #: 08-22-00192-CR, Categories: Evidence, Murder, Experts
J. Rodriguez finds a lower court ruled correctly in denying a motion for sanctions based on grievances filed with the State Bar of Texas as part of a medical malpractice suit that the parties had already settled. “Professional misconduct complainants are entitled to absolute, unqualified immunity,” and because it was the doctor who initially filed the grievance, the lawyers for the patient cannot now attempt to bring sanctions against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 31, 2023, Case #: 08-22-00235-CV, Categories: Sanctions, Immunity, Medical Malpractice
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J. Rodriguez partially grants a motion by a civil rights group to compel the production of documents in a massive and ongoing legal dispute centered on the legal and constitutional validity of SB 1, a sweeping election security bill passed by the Texas legislature in 2021. While Texas may withhold some of the requested documents, in the case of others they have improperly asserted privilege or have already waived that privilege — for example, by sharing requested documents with third parties.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 31, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Discovery
J. Rodriguez finds a lower court ruled correctly in determining that an existing mineral lessee, and not a separate company that later entered a water-rights contract with the surface owners, owns the rights to produced water from a hydraulic fracking operation. While the contracts at first may seem contradictory on this front, the contracts were created within “a legal framework distinguishing oil and gas waste from groundwater” and categorizing produced water as “within the former,” and therefore rights to produced water fall within the mineral lessee’s mineral rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 28, 2023, Case #: 08-22-00037-CV, Categories: Energy, Real Estate, Water
J. Rodriguez declines a motion to transfer to D.C. federal court this case concerning the alleged kidnapping of a Rwandan activist and the role that a private jet company allegedly played in that kidnapping scheme. The activist has not met his burden to show why D.C. federal court would be clearly more convenient, and in fact the activist asserts “Texas common law tort claims” that give this court a greater interest in this case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 28, 2023, Case #: 5:20cv1422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Venue
J. Rodriguez rules for a principal accused of using a teacher's materials to publish an article in a magazine without permission. The publication had been sent to faculty in a January 2011 email, but the teacher did not file the complaint until more than three years later. Further, correspondence with the principal in 2010 indicates the teacher knew he was working on an article for the magazine.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: July 27, 2023, Case #: 1:19cv14572, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Rodriguez upholds the trial court's refusal to suppress defendant's inculpatory statements during his hearing on drug charges. The officer did not unreasonably extend the traffic stop and had reasonable suspicion of other criminal activity to continue defendant's detention. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 26, 2023, Case #: 04-21-00424-CR , Categories: Drug Offender, Evidence
J. Rodriguez grants a motion by Google to transfer a case to the Northern District of California after it was sued by a non-practicing entity for alleged infringement of a patent on wireless network technology. The majority of relevant witnesses are in the NDCA as are most of Google's documents that will be important to this case. Furthermore, Google has significant ties to the NDCA, where it is headquartered, and the events that gave rise to this suit occurred primarily in that district.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 26, 2023, Case #: 6:22cv1214, NOS: Patent - Property Rights, Categories: Patent, Venue, Technology
J. Rodriguez finds that a lower court improperly denied a plea to the jurisdiction and a motion to dismiss brought by the city of El Paso and other public entities after they were sued by a citizen who was involved in a car accident with a public employee. While that employee ran into a parked car owned by the citizen, he was already off of work for the day and therefore was not working as a public agent at the time of the accident. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 26, 2023, Case #: 08-23-00071-CV, Categories: Vehicle, Immunity, Jurisdiction
J. Rodriguez finds a lower court ruled correctly in convicting defendant on two counts of sexually assaulting a child. Defendant argued that a 911 call by the victim concerning her desire to commit suicide was improperly admitted into evidence and was prejudicial towards him, but because the call never mentioned the sexual assault allegations, it “could not have aroused hostility toward [defendant] unless the jury already tended to believe” the other evidence against him, as prosecutors argued. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 20, 2023, Case #: 08-22-00209-CR, Categories: Evidence, Sex Offender, Child Victims
J. Rodriguez finds a lower court erred in dismissing a pro se case brought by a worker against her employer for alleged unpaid wages and other claims. The court dismissed the case on procedural grounds after finding the worker had not adequately pleaded the basis of her claims or that the claims were otherwise duplicative with a federal complaint, but in fact the worker had provided sufficient allegations, including regarding “the existence of a valid contract,” to proceed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 17, 2023, Case #: 08-23-00055-CV, Categories: Civil Procedure, Employment, Contract
J. Rodriguez finds a lower court erred in finding the first assistant attorney general of Texas was immune to legal complaints over his alleged efforts to undermine the 2020 election results through allegedly false evidence and specious legal claims, including the claim that “votes were switched by a glitch with Dominion voting machines.” While the commission ultimately recommended discipline for the assistant AG, he took the matter to court, where a lower court determined he should have immunity and dismissed the commission’s claims. In fact, the lower court did have jurisdiction — and the assistant AG did not have immunity — because rather than attempting to “control state action,” the commission simply aimed to “ensure Texas-licensed attorneys, including those serving in the executive department, adhere to the disciplinary rules of professional conduct.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 13, 2023, Case #: 08-22-00217-CV, Categories: Administrative Law, Elections, Government
J. Rodriguez finds a lower court did not err in dividing a marital estate and denying a continuance in a divorce case. While the ex-wife argues she was “served too small a slice” of the estate, she has not shown how she was actually harmed by any alleged errors in valuation, nor how these alleged errors would have been an abuse of discretion by the court. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 10, 2023, Case #: 08-22-00100-CV, Categories: Family Law, Real Estate
J. Rodriguez finds a lower court ruled correctly in finding a cargo company was delinquent on its taxes and subsequently seizing an aircraft to pay for this bill. It has been established that the company had not fully paid taxes, and the cargo company's claims “all implicate the city’s governmental immunity.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 5, 2023, Case #: 08-21-00208-CV, Categories: Government, Tax, Conversion
J. Rodriguez finds for the city, the county board, and the state attorney general in claims contending plaintiff was wrongfully arrested based on an invalid warrant because the arresting officer and employees at the prison facility called the county sheriff to confirm the warrant remained active. Meanwhile, other officials are immune from suit absent allegations of a wrongful policy or custom.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: June 29, 2023, Case #: 1:19cv12946, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Rodriguez finds for an employer in sex and race discrimination claims contending plaintiff's coworkers commented, "You can tell he's Black because he ate all the buffalo chicken pizza"; that a supervisor expressed regrets over hiring plaintiff and other Black employees; and that coworkers made comments about "pregnant pussy" and "road head," as neither the racial comments nor the sexual remarks altered the terms or conditions of plaintiff's work.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: June 29, 2023, Case #: 1:21cv2964, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rodriguez grants a firm reconsideration in claims brought against an insurer because the firm was entitled to review alleged attorney-client communications between the insurer and its counsel since counsel acted as an insurance adjuster by making an offer of settlement and tendering a check to the firm.
Court: USDC Colorado, Judge: Rodriguez, Filed On: June 28, 2023, Case #: 1:22cv1381, NOS: Insurance - Contract, Categories: Insurance, Privilege
J. Rodriguez finds the trial court improperly granted defendant’s motion to suppress a video-recorded statement after she was involved in a car accident resulting in a fatality. Defendant was “fully aware of her rights when she proceeded with the interview.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 28, 2023, Case #: 8-22-00174-CR, Categories: Evidence
J. Rodriguez finds a lower court ruled correctly in civilly committing defendant as a sexually violent predator. Defendant raised a couple of issues with his conviction, including arguing a lower court abused its discretion by admitting the deposition transcript of an expert, but the expert was clear that she was not diagnosing defendant but rather making “diagnostic recommendations,” and the state established her “knowledge, skill, experience, and training.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 23, 2023, Case #: 08-22-00221-CV, Categories: Evidence, Commitment, Experts
J. Rodriguez reverses the trial court's denial of a noncitizen's petition for habeas corpus in connection with his arrest for trespass during the state's operation to deter illegal border crossings. The noncitizen made a prima facie case of gender discrimination by arguing the state selectively prosecutes men, but not women, under the operation. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 21, 2023, Case #: 04-22-00623-CR , Categories: Constitution, Habeas, Immigration
J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: Civil Procedure, Insurance, Contract