19 results for 'judge:"Traynor"'.
J. Traynor grants a motion to dismiss a matter stemming from the Dakota Access pipeline protests in which officers used anti-riot and less-than-lethal munitions to disperse a crowd. An individual claims she was struck in the arm by an aerial signaling/warning munition and was later treated at the Hennepin County Medical Center and "incredibly avoided amputation." The court held that the officers are afforded immunity from
her state law claims under North Dakota law.
Court: USDC North Dakota , Judge: Traynor, Filed On: April 3, 2024, Case #: 1:18cv236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Traynor finds that defendant's detention on suspicion of loitering was unreasonable because the supposed violation was based on a flawed understanding of the loitering statute, and so the subsequent investigative seizure and nonconsensual search that revealed a concealed firearm was unlawful. As such, the unlawfully seized evidence should have been suppressed by the trial court, which would have precluded a finding beyond a reasonable doubt that a crime was committed. Vacated.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: March 21, 2024, Case #: 170, 2023, Categories: Evidence, Search
J. Traynor finds that property owners have met their burden of establishing the need for a preliminary injunction requiring the county and its agents to refrain from entering the property in a matter involving the construction of a bridge over the Little Missouri River. The county is enjoined from entering onto the disputed property during the pendency of this matter.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 6, 2024, Case #: 1:23cv143, NOS: Other Contract - Contract, Categories: Environment, Property
J. Traynor grants a motion to dismiss from several North Dakota Counties and law enforcement in a matter stemming from the Dakota Access Pipeline protests in which the reporter alleges that officers used excessive force to detain her. The panel held that it was objectively reasonable for the arresting officers to believe they had authority to arrest the reporter for physical obstruction of a government function.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 1, 2024, Case #: 1:22cv211, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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J. Traynor finds that a lawyer's letter threatening an insured with litigation did not constitute a "claim for damages" under a policy not yet in effect because the letter was "unclear and amorphous." Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: February 26, 2024, Case #: 135, 2023, Categories: Insurance
J. Traynor grants the State Election Director of North Dakota's motion for dismissal after the county auditor speculated that North Dakota’s process violates federal election law concerning the post-marked date of absentee ballots and alleged that the North Dakota system is at odds with the Constitution. The county auditor's position simply requires the auditor to to perform his duties as a North Dakota election official to the best of his ability. The auditor's risk of criminal prosecution is speculative and does not constitute an injury in fact.
Court: USDC North Dakota , Judge: Traynor, Filed On: February 2, 2024, Case #: 1:23cv123, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Elections
J. Traynor finds that a partnership agreement containing a forfeiture-for-competition provision is enforceable against former partners absent unconscionability, bad faith, or some other extraordinary circumstance. The court improperly aligned the partnership provision with restrictive employment covenants by subjecting it to the review for reasonableness.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: January 29, 2024, Case #: 162, 2023, Categories: Partnerships
J. Traynor grants a United States motion for summary judgment regarding an officer's use of taser in a civil rights and excessive force action. An individual was out turkey hunting when he discharged his shotgun in a gas station parking lot. He then left the scene and disposed of the shotgun by throwing it out of a vehicle into a ditch. While being confronted by police, the individual ignored repeated commands to keep his hands visible to officers and placed them in his hoodie pockets. After continued non-compliance, the officer discharged a taser. The officer reasonably believed that the individual was armed and could possibly be carrying a gun.
Court: USDC North Dakota , Judge: Traynor, Filed On: January 25, 2024, Case #: 1:19cv213, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Traynor rules that the lower court improperly dismissed shareholder derivative claims seeking to hold directors and officers of a giant pharmaceutical distribution company liable for lack of oversight during the opioid epidemic. The trial court gave too much weight to the bellwether decision entered in federal court in West Virginia since plaintiffs possessed derivative standing and entered well pleaded "Caremark" claims. Reversed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: December 18, 2023, Case #: 22, 2023, Categories: Fiduciary Duty, Jurisdiction
J. Traynor grants in part North Dakota's motion for partial summary judgment from a dispute involving the Dakota Access pipeline protests. North Dakota sought damages incurred from the emergency response costs related to protest activity after the Army Corps of Engineers began discussions for a special use permit to lawfully permit protestors to be on Corps’ land. North Dakota's motion is granted, as undisputed evidence shows the Corps failed to follow its mandatory permitting procedures. However, a question of duty of care exists which will be answered at trial in further proceedings. The United States' motion to certify a question to the North Dakota Supreme Court is denied.
Court: USDC North Dakota , Judge: Traynor, Filed On: December 13, 2023, Case #: 1:19cv150, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Native Americans, Damages
J. Traynor finds that North Dakota officials, including Governor Burgum and the Morton County Sheriff are entitled to qualified immunity as it relates to First Amendment claims brought by a class of protestors. Count 1 of the amended complaint alleges viewpoint discrimination and prior restraint and is dismissed with prejudice. The matter involves a skirmish between protestors and law enforcement officials in October of 2016 during the Dakota Access Pipeline protest. The protestors have not directed the court to any clearly established law that constitutionally prohibits officials from closing a highway following a skirmish between protestors and law enforcement.
Court: USDC North Dakota , Judge: Traynor, Filed On: November 6, 2023, Case #: 1:18cv212, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Traynor finds that the lower court properly declined to suppress evidence of a body discovered lying motionless at the foot of a stairway when police, who had been trying to locate the mother of a recent arrestee's children, pushed open the back door. Entering the dwelling was reasonable because police could see the prostrate form of the woman at the base of a staircase from the back window. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: October 24, 2023, Case #: 376, 2022, Categories: Murder, Search
J. Traynor grants the Attorney General of North Dakota's motion for summary judgment in a matter in which a disgruntled man, who was frustrated he was not permitted to make every single point he wanted to the Valley City Commission, alleged the City violated his First Amendment rights to speak at City Commission meetings. The undisputed facts show the City and its employees acted "reasonably and gracefully" in the face of the man's repeated rudeness and unjustified requests of the City Commission.
Court: USDC North Dakota , Judge: Traynor, Filed On: September 15, 2023, Case #: 1:20cv231, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Traynor finds that defendant was properly denied bail following his second arrest for dealing drugs, this time while possessing a loaded firearm, because the bail statute meets substantive due process requirements by "advancing the State's compelling interests in protecting community safety and reducing risk flight." Defendant's guilty plea mooted his appeal, but the issue concerns a matter of public importance. In setting unaffordable cash bail for pretrial detention, the state must present clear and convincing evidence of defendant's flight risk or danger to the community. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: August 30, 2023, Case #: 144, 2022, Categories: Drug Offender, Firearms, Bail
J. Traynor finds that defendant's conviction for possessing weapons and resisting arrest should not be overturned because a prosecutor discussed his prior convictions during trial to demonstrate his propensity to possess weapons. There is no finding of prosecutorial misconduct because defendant brought up his criminal record to the jury first.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: August 8, 2023, Case #: 410, 2022, Categories: Weapons
J. Traynor finds that defendant was properly convicted of possession of a firearm and ammunition by a prohibited person since he received adequate representation during trial, as witnesses counsel neglected to call at the suppression hearing would not have altered the outcome. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: July 13, 2023, Case #: 6, 2022, Categories: Ineffective Assistance, Witnesses