6 results for 'judge:"Batchelder"'.
J. Batchelder finds the lower court properly granted the insurance company's motion for summary judgment on securities claims filed by investors. None of the statements included in the company's pre-IPO release meet the heightened pleading requirements of a fraud claim, but were instead historical statements of past performance that would not have misled the ordinary investor. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 29, 2024, Case #: 23-3392, Categories: Fraud, Insurance, Securities
J. Batchelder finds the lower court properly dismissed the inmate's habeas petition as untimely. Although his "new evidence," including a report on coerced confessions and an eyewitness recantation, impeaches the state's evidence against him, it does not prove he is actually innocent of the murder for which he was convicted and cannot be used to circumvent the one-year statute of limitations. Although the evidence could be enough to make a member of a hypothetical jury find the inmate not guilty, that is not the standard that governs habeas petitions, and because the witness who recanted his statement has already changed his story at least three times, the most recent version is unreliable and insufficient to prove actual innocence. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 16, 2024, Case #: 21-2968, Categories: Criminal Procedure, Habeas, Murder
J. Batchelder finds that the district court improperly dismissed a contract and fraudulent inducement lawsuit based on a contractual forum-selection clause for a lack of jurisdiction. The forum selection clause stated “Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.” The non-signatory partner argues the clause should be enforceable for state and federal common laws but that the court skipped the applicability step that should have been done. The contract does not apply to the non-signatory in the forum-selection clause. Reversed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 12, 2024, Case #: 23-3085, Categories: Jurisdiction, Contract
J. Batchelder finds the trial court properly denied defendant's motion to suppress the purchase history obtained from Walmart by FBI agents during his trial for bank robbery. Although the agents did not have a search warrant, defendant did not have an expectation of privacy, given he bought the rain poncho and manila envelopes in a public store with a pay app that disclosed his name, address and payment information. Furthermore, the trial court properly refused to suppress results of a search of defendant's vehicle. Law enforcement was not required to obtain a search warrant before they seized and conducted the search, as defendant used his car in the commission of the crimes and was seen leaving Walmart. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: February 8, 2024, Case #: 23-5126, Categories: Evidence, Robbery, Search
[Consolidated.] J. Batchelder finds the trial court properly used the entire amount of money stolen by all of the defendants to establish a base sentencing guideline for each of them. All three coordinated their activities, used the same methods to steal identities and money from several banks, and shared the stolen information amongst themselves, which made each defendant's actions relevant conduct for sentencing purposes. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: August 23, 2023, Case #: 22-1506, Categories: Fraud, Sentencing, Identity Theft
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[Consolidated.] J. Batchelder finds the trial court properly recalculated defendants' sentences for robbery convictions. The instructions from this court in the opinion that remanded the cases for resentencing included no limiting language and no party objected to the full resentencing. Furthermore, the sentences were properly enhanced, as the government's failure to request a certain enhancement at the original sentencing did not preclude it from making the request after remand from this court, given the sentences were vacated in their entirety and the court started from scratch. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: August 21, 2023, Case #: 21-1503, Categories: Robbery, Sentencing