6 results for 'judge:"Bacharach"'.
J. Bacharach answers a question in the negative regarding how to judge products that claim to be "American-made" for advertising purposes. The question comes from a dispute between two construction equipment providers in which one accused the other of lying for using that phrase, with the core of the question being if it is considered a false statement to call something "American-made" if that product was made using parts from other countries. The claim "American-made" is inherently ambiguous. Terms like "make" or "made" can refer to several elements of a product, including where it was physically assembled and where it originally came from, and as a result, it would be unreasonable to hold one of the construction equipment makers liable for statements such as those.
Court: 10th Circuit, Judge: Bacharach, Filed On: April 12, 2024, Case #: 23-5046, Categories: Copyright, False Advertising
J. Bacharach finds that the lower court improperly convicted defendant of drug offenses after the car in which she was a passenger was pulled over and police found drugs hidden within the car's compartments. There was no evidence offered during trial that the driver told her about the drugs or that she found the secret compartments on her own. Without evidence to show she knew of the drugs, her convictions cannot stand. Reversed.
Court: 10th Circuit, Judge: Bacharach, Filed On: February 21, 2024, Case #: 22-6194, Categories: Drug Offender
J. Bacharach finds that the lower court properly refused to set aside a judgment that was the result of a settlement between the FTC and a company accused of a scheme where it sold unnecessary services to customers. The company later sought to set aside the judgment by arguing that a new Supreme Court case reversed elements of the judgment that provided for monetary relief. While it is true that the Supreme Court ruled on a case that did not allow for such relief, that case is largely unrelated to the current one and does not represent a big enough change that would require the judgment to be set aside. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: January 23, 2024, Case #: 23-4009, Categories: Fraud, Settlements
J. Bacharach finds that the lower court properly tosses class securities claims against SpiritAeroSystems alleging that the company has engaged in securities fraud as a result of decreased sales and some accounting control issues. The most significant reason for the loss in sales was the fact that the company made parts for a Boeing airplane that eventually stopped being produced, but there is no meaningful evidence on the record that implies the company knew about the production halt. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: August 21, 2023, Case #: 22-5013, Categories: Securities
J. Bacharach finds that the lower court properly granted summary judgment to a jail after a former employee sued for retaliation for placing her on leave after she drafted a petition that was critical of the jail's treatment of employees. The jail could only be liable if the petition concerned a public matter, but because it was private, her claims fail. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 27, 2023, Case #: 22-2106, Categories: Employment, Employment Retaliation
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J. Bacharach finds that the lower court improperly granted summary judgment to the postal office worker on a failure-to-accommodate claim from a former employee who says she was forced to carry heavy objects while pregnant despite asking for help. She eventually walked off the job, and was fired. While summary judgment was properly given to the post office on her retaliation claim given the lack of evidence of pretext for her firing, there's enough evidence that she was denied help handling a heavy gurney that supports a failure-to-accommodate claim. Affirmed in part, reversed in part.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 16, 2023, Case #: 22-1224, Categories: Employment