145 results for 'judge:"Wilson"'.
J. Wilson finds that the trial court properly ruled in favor of the lessor on its theft and other claims against the lessee imaging company and its two members. There was sufficient evidence that the lessor was an "owner" of the MRI machine that was removed from the premises based on its "greater right to possession of the property." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: July 18, 2023, Case #: 14-21-00485-CV, Categories: Fraud, Landlord Tenant, Contract
J. Wilson finds the district court improperly granted summary judgment to the window blinds installation company in this suit brought by installers alleging that they were not paid overtime. Though the employer has identified certain weeks when each installer did not work overtime, it has not offered summary judgment evidence demonstrating that there was no unpaid overtime worked. The Fifth Circuit declines to reach the question of whether the installers were employees or independent contractors and remands the issue to the district court. Reversed and remanded.
Court: 5th Circuit, Judge: Wilson, Filed On: July 12, 2023, Case #: 22-20095, Categories: Civil Rights, Employment, Labor
J. Wilson finds that the district court properly granted defendant's petition for habeas relief from his death sentence for murder. The district court correctly found that defendant's trial attorneys were ineffective during the penalty phase of the trial for failing to adequately investigate defendant's background and present mitigating evidence. Defendant's attorneys did not use court-awarded funds to retain a mitigation investigator and unreasonably delayed the start of their mitigation investigation. The investigation that was conducted was minimal and failed to uncover or present the jury with evidence of defendant's troubled upbringing and childhood sexual abuse. The trial outcome may have been different if the jury had been presented with all of the mitigating evidence. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 11, 2023, Case #: 21-13734, Categories: Death Penalty, Habeas, Murder
J. Wilson grants $59,000 in attorney fees to the United Kingdom company for its trademark claim against the collectibles store. Aside from the listed reductions, the collectibles store does not prove that the hours the United Kingdom company’s attorneys submitted are unreasonable, as the attorneys have decades of law experience.
Court: USDC Central District of California, Judge: Wilson, Filed On: July 11, 2023, Case #: 2:05cv6539, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
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J. Wilson finds a lower court properly ruled in favor of a landowner on claims that it holds a prescriptive easement on a neighbor's land. The neighbor argued that the landowner was not entitled to cross a boundary line between properties. However, the landowner presented sufficient evidence in court that he acquired the boundary line by adverse possession.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: July 7, 2023, Case #: 123,823, Categories: Property
J. Wilson finds that the district court properly ruled in favor of Ford in a wrongful death and product liability action brought by the estate administrator alleging that a faulty seatbelt design in a 2003 Ford Mustang caused the decedent's fatal head injury. The district court did not abuse its discretion in excluding testimony from an individual who said she had similar seatbelt issues with her Mustang or in excluding evidence of more than 50,000 warranty claims related to seatbelt issues in Mustangs. The testimony was not substantially similar enough to the administrator's defect theory to warrant admission. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 5, 2023, Case #: 22-10348, Categories: Product Liability, Wrongful Death
J. Wilson permits a city sanitation manager to continue whistleblower retaliation claims contending Harrisburg mayor Wanda Williams fired him for refusing to create superfluous job positions for her son, nephew, and other family members within his department. The employee's speech was protected because he reported the alleged wrongdoing as a citizen, not as a government employee.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 29, 2023, Case #: 1:22cv1474, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Whistleblowers, Employment Retaliation
J. Wilson finds that the lower court properly denied a motorist's challenge to a Missouri law prohibiting an uninsured motorist from collecting noneconomic damages. The motorist failed to preserve her claim for appellate review because she waived her right to a jury trial. Affirmed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: June 27, 2023, Case #: SC99700, Categories: Civil Procedure, Vehicle
J. Wilson finds that the lower court improperly granted defendant's motion to suppress his confessions to two different robberies based on the fact that the arresting officer was outside his jurisdiction. There is no Fourth Amendment violation if the arresting officer has probable cause for the warrantless arrest, even when the felony was not committed in the arresting officer's presence. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: June 26, 2023, Case #: SC99886, Categories: Constitution, Robbery, Search
J. Wilson finds that the district court's decision vacating a nationwide mandate requiring people to wear masks on public transportation should itself be vacated. The decision arose out of a challenge to the CDC's mandate brought by an organization alleging that it was unlawful under the Administrative Procedure Act. The case is dismissed because the issue is now moot. The mandate expired with the end of the public health emergency and there is no reason to expect that it will be reinstated.
Court: 11th Circuit, Judge: Wilson, Filed On: June 22, 2023, Case #: 22-11287, Categories: Administrative Law, Covid-19
J. Wilson finds the district court properly granted summary judgment to the bank responsible for a Covid-19 Paycheck Protection Program federally guaranteed loan disbursed to the law firm. Though a question on the application regarding criminal convictions had been answered “no,” it was found that a lawyer receiving funds from the loan had been accused of attempted sexual assault. Because the lawyer was subject, by accusation, to “means by which formal criminal charges are brought” when he completed the application, it was correctly found that he answered the question falsely. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 16, 2023, Case #: 22-20107, Categories: Banking / Lending, Covid-19, Contract
J. Wilson finds the Board of Immigration Appeals properly denied a Mexican citizen’s application for cancellation of removal. The immigrant entered the U.S. without admission. While serving a sentence for his attendance of an illegal cockfight, he was given notice of removal proceedings. He filed for cancellation, testifying that he did not know cockfighting was illegal. The board properly found him removable as lacking good moral character. The immigrant’s argument as to a five-year period to consider his convictions was not raised before the board and the Fifth Circuit declines to reach it. Dismissed in part. Denied in part.
Court: 5th Circuit, Judge: Wilson, Filed On: June 15, 2023, Case #: 21-60391, Categories: Immigration, Due Process, Animal Cruelty
J. Wilson finds the district court properly held the Louisiana failed to establish standing to challenge a National Marine Fisheries Service rule requiring certain shrimping vessels to use turtle excluder devices. The record indicates that Louisiana would not suffer a cognizable injury because the service would provide funding to Louisiana Department of Wildlife and Fisheries for its additional enforcement efforts. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 15, 2023, Case #: 22-30799, Categories: Environment, Maritime, Tort
J. Wilson finds the trial court properly imposed a four-level sentencing enhancement to defendant’s conviction by guilty plea for being a felon in possession of a firearm and ammunition. The enhancements were applied for use or possession of a firearm in connection with another felony offense. The trial court thoroughly analyzed the factors for relevant conduct as to defendant’s repeated instances of firearm possession; that is: similarity, regularity and temporal proximity, finding the evidence weighs in favor of the enhancements. No abuse of discretion is found. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 22-40121, Categories: Evidence, Firearms, Sentencing
J. Wilson denies a Brazilian citizen’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from the immigration judge’s denial of his motion to reopen and rescind the in-absentia removal order. The immigrant argues that the board lacked jurisdiction since the record doesn’t show that his notice to appear was filed with the immigration court. The cited rule is not jurisdictional, but a claim-processing rule. Also, a form relied on by the board as part of the reconstituted record gave interpreter information as well as the immigrant’s U.S. address. It was not incorrect or obtained by coercion or duress.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 21-60798, Categories: Immigration, Due Process, Jurisdiction
J. Wilson advances certain fraud and contract claims in which skill games manufacturer Pace-O-Matic contends former legal defense team Eckert, Seamans Cherin & Mellott also accepted competitor Parx Casino in order to tip the scales in favor of Parx. Eckert cannot dismiss Pace-O-Matic’s claims seeking a declaratory judgment because the claims are more broad than those addressed in a prior injunction, and it is too soon to determine whether Pace-O-Matic will seek additional relief because discovery is still underway.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 12, 2023, Case #: 1:20cv292, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Attorney Fees, Contract
J. Wilson denies the El Salvadoran national’s petition for review of the Board of Immigration Appeals finding him removable through proceedings arising from his conviction for injuring a child by omission because of his inappropriate touching of his younger female relative. None of defendant’s proffered cases in his attempt to show the controlling penal code’s overbreadth demonstrate that Texas would apply it to crimes that do not align with the board’s definition of child abuse. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 9, 2023, Case #: 21-60530, Categories: Immigration, Sex Offender, Child Victims
J. Wilson finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. The district court correctly found that defendant is not intellectually disabled. Defendant failed to show that he had "subaverage intellectual functioning" at any time because all but two of his IQ scores were above the cutoff for intellectual disability. There was evidence that defendant had not put forth his best effort on the two tests where he scored below the cutoff. Defendant also failed to show that his trial counsel performed deficiently during the pretrial and sentencing stages. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: June 7, 2023, Case #: 20-12727, Categories: Competence, Death Penalty, Habeas
[Consolidated.] J. Wilson finds that the appellate division properly declined to find for the housing authority in claims brought after a tenant died by immolation at the hands of a former paramour who purportedly gained access to the building through an exterior door with a malfunctioning lock. In a similar appeal, the appellate division improperly found for the housing authority when a tenant was shot point-blank in retaliation for a prior altercation with residents from a neighboring housing complex, who also gained access by a malfunctioning exterior door. Claims that the victims had been targeted did not absolve the housing authority of its duty to provide minimum security against criminal acts by intruders, and questions of fact remained as to how the authority's actions may have contributed to the victims' injuries. Affirmed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 23, 2023, Case #: 36, Categories: Landlord Tenant, Negligence