58 results for 'judge:"Bell "'.
J. Bell finds the trial court improperly denied defendant's postconviction petition for a writ of habeas corpus. Defendant was convicted for multiple counts of sexual assault upon one person. His appellate counsel's omission of a sufficiency challenge fell below an objective standard in that he evoked precedent providing a change in sexual position is insufficient to show the acts constitute more than one offense without challenging the convictions for the same offense. Because the sufficiency challenge stood a reasonable probability of success, defendant was prejudiced by counsel's omission. Reversed in part.
Court: Nevada Supreme Court, Judge: Bell , Filed On: April 4, 2024, Case #: 85887, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, Sex Offender, Child Pornography
J. Bell denies a class of family members of those buried at one of the largest cemeteries for Black Americans its motion for certification in this suit alleging shocking treatment of human remains and desecration of graves, among others. The class, consisting of 10 people, has failed to specifically identify any other members of the thousands they believe to have been harmed by the owners of the cemetery. Thus, the suit is no longer a federal matter and is remanded to the superior court of the relevant county.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 3:23cv217, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Class Action, Contract
J. Bell grants in part a county district attorney���s office and its staff and some security and police officers��� motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney���s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Bell affirms the lower court���s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer���s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: Fraud, Fiduciary Duty, Contract
[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.���s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act���s direct warning statute just because the litigants��� medical providers failed to issue a warning of the vaccine���s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Health Care, Tort
J. Bell denies an investment research company���s motion to dismiss allegations that it sent unsolicited text messages, which deceived consumers into visiting its website and purchasing subscriptions, and falsely offered free financial advice. A class of consumers brought this claim, and it sufficiently evidenced that the text messages were not merely informational but meant to lure customers into purchases.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 11, 2024, Case #: 5:23cv111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Trade, Business Practices, Technology
J. Bell finds the trial court improperly convicted defendant for murder. The state admitted a recording of a phone call defendant made to his defense during pretrial detention in which he indicated his presence at the murder scene. Though the state argues defendant violated jail policy by using another inmate's telephone access code and waived his attorney-client privilege by making a three-way call, this is not sufficient to establish waiver of attorney-client privilege. The recording was improperly admitted. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 7, 2024, Case #: 83672, Categories: Evidence, Murder, Due Process
J. Bell grants three police officers��� motion for summary judgment following allegations of malicious prosecution and assault, among others, brought by a motorist who was suicidal during her encounter with the officers. The motorist left a suicide note and took her husband���s pistol when she left their house, but called a police non-emergency number when she got lost. The dispatcher called the officers, who arrived at the house ahead of the motorist. She drove past, leading the officers to pursue her. Eventually, they all returned to the house, where the motorist claims she was physically forced out of her car and onto the ground. Also, allegedly one officer jammed his knee into her back, and she was forcibly arrested. Because there was probable cause to arrest her and the officers have sovereign immunity, they are granted summary judgment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 29, 2024, Case #: 5:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group���s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Zoning
[Consolidated.] J. Bell grants the IRS���s motion to dismiss tort allegations brought by one of its employees and her husband, who claim another agent harassed the employee at work. The government correctly invokes sovereign immunity; further, the employee already filed a state case against the agent that was dismissed with prejudice, so this claim fails.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 23, 2024, Case #: 5:23cv149, NOS: Other Statutory Actions - Other Suits, Categories: Government, Tort, Immunity
J. Bell partially denies multiple aerospace manufacturing firms and individuals��� motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Negligence, Employment Retaliation
J. Bell grants a holding company���s motion to dismiss allegations of breach of contract, bad faith and unfair trade practices brought by the wife of a company client. After the client passed away, the wife claims the company began charging too much on the client���s life insurance policy. However, the wife���s claims are barred by a settlement agreement reached after a class action alleging the company of the same behavior was settled in 2023.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 16, 2024, Case #: 5:23cv145, NOS: Other Contract - Contract, Categories: Insurance, Trade, Contract
J. Bell imposes a temporary restraining order on a hospital system until after a decision is made regarding the Federal Trade Commission���s motion for a preliminary injunction in this antitrust case. The court also outlines instructions regarding disagreements between the parties, including discovery, witnesses and evidence.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 12, 2024, Case #: 5:24cv28, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Bell denies a group of police officers��� motion to dismiss claims of excessive force and constitutional violations brought by a bar customer who allegedly failed to pay a tab under $300. The officers arrested the customer, then allegedly dragged him out of a holding cell to a room without cameras and assaulted him, strapping him to a chair for two hours without seeking medical attention for his bleeding head wound. While the officers claim qualified immunity, the customer has sufficiently evidenced that they violated his constitutional rights, which were clearly established at the time of the assault.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 7, 2024, Case #: 5:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Assault, Police Misconduct
J. Bell grants a debt collection agency���s motion to dismiss allegations of unfair debt collection brought by a consumer after she moved and the agency garnished her wages. The consumer claims that the agency violated federal debt collection law because she lived in North Carolina at the time of notification, even though she incurred the debt in Mississippi. However, because she produces no evidence of whether she signed the debt contract in Mississippi or elsewhere, she cannot use this law to allege the agency���s violation.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 5, 2024, Case #: 5:21cv102, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Bell grants a district attorney and several state investigators��� motions to dismiss allegations that they abused their power in an investigation into a stolen diamond ring brought by a woman���s then-boyfriend. The woman filed an insurance claim for the ring, although her former boyfriend claimed to have no tie to the claim and said she had sold him the ring. The DA and investigators ultimately found the ring in a ���green origami bag��� at the boyfriend���s residence. He was unhappy with how the investigation was handled and asked a former governor to intervene on his behalf, which he did. The boyfriend also hired a lawyer to recover the ring and someone to ghostwrite a book about this experience with the criminal justice system. According to the boyfriend, this is when the DA threatened to prosecute him. All of the boyfriend���s claims fail under sovereign, prosecutorial, public official and qualified immunity. The DA and the state investigators did not act maliciously nor outside of their professional roles.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv116, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Immunity
J. Bell grants Bank of America���s motion to dismiss a slew of allegations including fraud, breach of contract and wrongful eviction brought by a borrower after she defaulted on a mortgage. The borrower argues that the magistrate���s recommendation to grant Bank of America���s motion to dismiss should be nixed because the magistrate judge, as well as the entire judicial system, has no legitimacy and, therefore, cannot enforce any laws. However, the mortgagor's argument, which is one forwarded by others around the country calling themselves ���sovereign citizens,��� has no grounding in the practice of law.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
[Consolidated.] J. Bell grants Uber Frieght���s motion to dismiss wrongful death and negligence allegations brought by an administrative representative of a motorist killed by a tractor-trailer driver. Uber acted as a broker between Coca-Cola and the driver, not as a motor carrier as the representative argues. Therefore, Uber is subject to the Federal Aviation Administrative Authorization Act, which regulates intrastate transportation, and, therefore, the Act preempts the representative���s allegations as they are all state law claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv73, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Bell grants a county���s superior court administration its motion to dismiss allegations of a breach of contract brought by a man who claims certain staff members received payment for his purchase of a court transcript but falsified it beforehand. The administration department itself is not an independent legal entity, and it is an agency of the state, which cannot be sued in federal court. Therefore, personal and subject matter jurisdiction are lacking.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 8, 2024, Case #: 3:23cv514, NOS: Other Contract - Contract, Categories: Government, Jurisdiction, Contract
J. Bell finds the trial court properly convicted defendant for first-degree murder and sexual assault with the use of a deadly weapon. The 16-year-old victim's corpse was found with a stab wound to the neck, strangled and wrapped in a tarp in a remote area. A used condom with defendant's and the victim's DNA was found near the body. The evidence supports the conviction and the sentence of life with the possibility of parole after 46 years. Any error involving defendant's ex-girlfriend's testimony regarding his propensity for sexual violence is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: January 4, 2024, Case #: 85331, Categories: Evidence, Murder, Sex Offender
J. Bell grants U.S. Citizen and Immigration Services (USCIS) its motion for summary judgment following an appeal of its decision to deny an engineering firm���s petition on behalf of one of its staff for nonimmigrant work status. The firm transferred the staff member, a Canadian mechanical engineer, to the U.S. for a particular job position. Her petition to be allowed to work as a nonimmigrant in the U.S. was approved at the U.S.-Canada border, not as per usual with USCIS, as Canadians are permitted to do this. However, when the firm applied for an extension after the year ended, USCIS denied the application as it determined the tasks assigned the staff member did not require special skills or training, so the position could be filled by a U.S. citizen. As USCIS's decision was not arbitrary, capricious, nor an abuse of its powers, its determination stands.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 27, 2023, Case #: 5:23cv75, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Bell rules in favor of a glue manufacturer that sued a group of companies responsible for transporting and treating its wastewater, the disposal of which cost more than $7 million because the sued companies failed to properly deal with it. The manufacturer contracted with companies to treat and dispose of several thousand 275-gallon totes of the wastewater, but one of the companies did not do so and stored the totes on another���s property. The problem was left to fester until state and federal environmental authorities intervened and tested the water, which was found to contain toxic chemicals. The manufacturer had led all parties to believe the water was non-toxic, and thus, bears the burden of paying most of the $7 million needed by the EPA to dispose of the water properly. The companies in question and associated individuals have also expressed their inability to pay large costs and will be responsible to pay a total of over $576,000 toward the EPA���s balance.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 15, 2023, Case #: 5:21cv69, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Contract
J. Bell grants a trophy manufacturer���s motion to dismiss allegations of fraud brought by a company that designs and contracts awards for organizations such as the Golden Globes. The company incorrectly argues that because the Illinois-based manufacturer has had three North Carolina customers, it should be subject to general personal jurisdiction. This is not enough to constitute a systematic campaign to do business in North Carolina. The company���s argument of specific personal jurisdiction also fails because the manufacturer has never targeted potential customers from North Carolina with its online content.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 11, 2023, Case #: 3:23cv351, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Jurisdiction
J. Bell denies a homebuyer���s motion for summary judgment against a real estate law firm and Bank of America after they foreclosed on her property. Initially, the homebuyer sued the firm and bank, alleging fraud, deceptive trading practices and breach of contract among others, then filed the current motion. However, the initial litigation has not yet resolved, and, therefore, the motion for summary judgment is premature.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
J. Bell partially denies a commercial hauling firm���s motion to dismiss sexual harassment and retaliation allegations brought by one of its former drivers. The driver, a woman, claims that a male coworker intentionally walked in front of her on the firm���s property in only underwear and penny loafers. After she reported the incident to her supervisors, she alleges that they systematically began to target her by writing up frivolous infractions, which they used to fire her. The driver���s harassment claim is not covered under state retaliatory protection law, but her retaliation claim is and can proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv322, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bell grants in part a school board���s motion dismiss the second amended complaint brought by a disabled student���s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student���s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school���s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother���s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Bell finds the district court properly dismissed this tort action brought upon allegations of injuries incurred in a traffic accident. The injured party failed to serve the summons and complaint on the purported at-fault party within 120 days, and the injured party failed to demonstrate good cause for failing to seek a time extension. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: November 22, 2023, Case #: 85161, Categories: Tort, Due Process