138 results for 'judge:"Rodriguez"'.
J. Rodriguez grants a bank’s motion to compel arbitration in a lawsuit brought by a consumer alleging violations of the Fair Credit Reporting Act after she received debt-collection letters relating to unauthorized charges. While the consumer argues she is not subject to arbitration under the Military Lending Act, the bank “correctly identifies” that the law “does not preclude enforcement of the arbitration agreement here,” as the updated law does not have a “retroactive effect” on prior agreements.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 16, 2024, Case #: 5:24cv157, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Rodriguez finds that that a veteran who suffered severe and permanent injuries from improvised explosive devices while on duty in Iraq has submitted sufficient evidence to recover damages under the Foreign Intelligence Surveillance Act from the Islamic Republic of Iran for supporting the insurgents who conducted the attacks. The County of Iraq has not responded, and the veteran has moved for a default judgment which the court grants in part. The veteran is awarded $5 million of his $7 million claim for pain and suffering, he is awarded $25 million of his $300 million punitive damages claim, but he cannot recover lost wages for lack of evidence and he cannot recover attorney fees.
Court: USDC Southern District of Texas, Judge: Rodriguez, Filed On: May 13, 2024, Case #: 1:22cv76, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, International Law, Sanctions
J. Rodriguez denies the city's motion for a protective order restricting the former commander from questioning witnesses about certain documents during upcoming depositions and excluding those documents from the commander's employment discrimination lawsuit. The documents, which include emails from city employees relating to various internal investigations, were sent to the former commander anonymously. The city has not established that these documents were ever in the city's possession or that they were illegally intercepted. Nor has the city provided any declarations to support assertions of attorney-client privilege.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: May 10, 2024, Case #: 3:22cv526, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, Employment Discrimination
J. Rodriguez denies a compounding pharmacy’s motion to dismiss for want of prosecution after it was sued under the False Claims Act for allegedly falsely inflating prices in bills to the federal government. The pharmacy argued that the U.S. has excessively extended its “intervention deadline” since the original complaint was filed in 2014, but the False Claims Act requires the government to “diligently ... investigate” claims made under the Act, and the delays — rather than reflecting “significant periods of total inactivity” — have instead reflected the government’s efforts to investigate other companies, which are necessary here “because all the defendants were alleged to have participated in the same scheme.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: May 3, 2024, Case #: 5:14cv212, NOS: Other Statutory Actions - Other Suits, Categories: Government, Due Process, False Claims
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J. Rodriguez denies an organization’s motion for an injunction and temporary restraining order after it sued the city of Kerrville, arguing local ordinances on “peddlers and solicitors” and “electioneering” violate the First Amendment. Despite expressing “generalized” concerns about the ordinances, the suing parties have not shown specific plans to engage in proscribed conduct and therefore lack standing for a restraining order.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 25, 2024, Case #: 5:24cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure
J. Rodriguez partially grants a subcontractor’s motion to dismiss after it was sued by a company that had contracted it for IT work, which said that the subcontractor did not have “the specialized knowledge to develop the IT system” as it claimed and had other irregularities in its work, including double billing and improper installation. While the hiring company can proceed with its lawsuit, it cannot bring claims under the Computer Fraud Abuse Act, as even under the suing company's version of events, the subcontractor “had at least some authorization to access the IT system at issue.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 23, 2024, Case #: 5:23cv1038, NOS: Other Contract - Contract, Categories: Negligence, Contract, Technology
J. Rodriguez finds that the consulting company is liable for the judgments entered against the individual in an underlying contract suit. the defendant company was liable to pay after a contract judgment. The company was used to defeat the judgment. The company and individual have not identified any innocent stakeholders or creditors of the company that would be harmed by piercing the veil of the company.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:20cv2722, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Enforcement Of Judgments
J. Rodriguez partially excludes expert testimony in a case stemming from an incident in which the officer shot a man while he was standing in his window with a rifle in his hand upon investigating an assault that occurred earlier that day. The witness was a former police officer and use-of-force expert but can't opine on facts that were still disputed in the case, such as the credibility of the officer or of the man's girlfriend.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:21cv2715, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Police Misconduct
J. Rodriguez partially grants summary judgment to a couple who — after being sued by a insurance company for which they were indemnitors through performance bonds issued by the insurance company — brought suit against other parties whom they in turn said had a duty to indemnify them. While the husband has established that he had “a valid and enforceable indemnity agreement,” the couple has not shown that the wife was party to this agreement.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: March 11, 2024, Case #: 5:20cv1433, NOS: Other Contract - Contract, Categories: Insurance, Damages, Indemnification
J. Rodriguez dismisses contract claims in which a land developer contends a political subdivision unlawfully commingled capital facilities payments with funds collected for general administrative expenses because state statute does not prohibit the subdivision from depositing fees into a joint account.
Court: USDC Colorado, Judge: Rodriguez, Filed On: February 26, 2024, Case #: 1:23cv1351, NOS: Other Contract - Contract, Categories: Contract
J. Rodriguez grants a stay in a dispute over U.S. Patent No. 11,401,779, entitled “Hydraulic Fracturing Plan and Execution of Same,” and U.S. Patent No. 11,560,770, because inter partes review is necessary to resolve the dispute.
Court: USDC Colorado, Judge: Rodriguez, Filed On: February 14, 2024, Case #: 1:23cv1180, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Rodriguez denies one nonprofit’s efforts to disqualify another, related nonprofit’s counsel in a convoluted dispute over trademark claims between two groups that split off from each other and have since “found themselves ensnared in litigation repeatedly.” The suing nonprofit made a number of arguments for disqualification, including saying the lawyer possessed confidential information and was a necessary witness in the case, but the group does not “specifically identify any disclosed information,” and the group’s arguments that he is a witness are “dubious at best.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: February 14, 2024, Case #: 5:23cv1307, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Rodriguez finds that the lower court improperly conducted a consolidated trial of two indictments relating to separate criminal transactions without issuing appropriate limiting instructions to the jury. There is no evidence of any connection between the offenses, separated by nearly six months, and consolidation was thus improper. Further, there was a clear risk that the jury was unduly influenced by an impermissible propensity inference due to the consolidation. Reversed.
Court: New York Appellate Divisions, Judge: Rodriguez, Filed On: February 13, 2024, Case #: 00746, Categories: Criminal Procedure, Firearms, Murder
J. Rodriguez dismisses counterclaims contending a school district failed to provide tutoring, therapy, or other compensatory education for a disabled student because the counterclaims were filed outside the 90-day window, and the claims are duplicative of a previous action.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: February 7, 2024, Case #: 1:22cv6568, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Rodriguez denies several motions, including a motion for a new trial, brought by a healthcare provider after it was subject of a qui tam lawsuit involving fraudulent Medicare billing. While the healthcare company now disputes the methodology by which the number of false claims were counted, “it is simply too late” at this stage for the company to raise this issue, not least because it previously agreed on jury instructions.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: January 30, 2024, Case #: 5:17cv317, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims