7 results for 'judge:"Dennis"'.
J. Dennis, in this interlocutory discovery appeal, finds the district court properly affirmed the magistrate's ruling the non-party genetic testing services failed to establish privilege. An owner of a testing facility was indicted for fraud and offering kickbacks related to services for Medicare beneficiaries. A protocol order challenged by the non-parties, which required a filter team to review their documents material to the indictee owner's defense, is not the basis for the magistrate's decision. The non-parties are required to sustain assertions of privilege under standards of federal common law. The magistrate correctly found the non-parties’ privilege logs “do not provide a description for the documents...to explain why each should be protected.” Affirmed.
Court: 5th Circuit, Judge: Dennis, Filed On: April 24, 2024, Case #: 22-30316, Categories: Dna, Fraud, Discovery
J. Dennis finds the district court improperly found for State Farm after it denied coverage for the homeowners' claim arising from the a city's requirement they replace their whole roof, rather than just the tiles damaged in a hailstorm. State Farm accepted coverage for damage to certain roofing components and gutters in its estimate, which admits liability for that damage for purposes of the Texas Prompt Payment of Claims Act. Genuine issues of fact preclude summary judgment on the breach of contract and Act-based claims. Vacated in part.
Court: 5th Circuit, Judge: Dennis , Filed On: April 2, 2024, Case #: 22-10662, Categories: Insurance, Property
J. Dennis finds the district court properly granted the hardware company's motion to dismiss the breach of contract claim. The furniture designer licensed designs to the company, then discovered it was using artisan resources she had divulged after the company orally promised to not use them for anything other than the licensed designs. The oral agreement was an unenforceable agreement to agree, conditioned on the company's manufacture of unlicensed products with the artisans and both parties reaching a mutual agreement on compensation. The only detriment suffered by the designer was an opportunity to negotiate for future compensation. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 22-30277, Categories: Licensing, Contract
J. Dennis finds the district court properly granted summary judgment to Raytheon on a former systems engineer's allegations of retaliation for his reporting of misrepresentations the company allegedly made involving the recalibration of a radar system. Certain case law bars review of claims implicating the merits of Raytheon's decision to revoke the engineer's security clearance, and the circuit lacks jurisdiction over those claims. The employee has not cited any specific facts he needed and was prevented from discovering that would create a dispute of material fact as to whether the action was materially adverse. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 21-11060, Categories: Fraud, Government, Contract
J. Dennis finds the district court improperly entered summary judgment in favor of Walmart in this slip-and-fall suit. Though the district court found that the customer did not show evidence that Walmart had constructive notice of the puddle she slipped in, she has presented evidence that an employee was actually notified of it by another customer. This creates a genuine issue of material fact. Reversed and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 16, 2023, Case #: 22-30309, Categories: Evidence, Tort, Premises Liability
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. Dennis finds the district court improperly granted summary judgment in favor of the officer as to the claims of false arrest. The officer pushed open the disabled 50-year-old man’s gate without a warrant, struggling with him in such a way that he incurred injury after the man was reported to be making rude comments and gestures toward a family member who lived across the street. The man failed to raise a genuine issue of material fact supporting municipal liability, and the officer’s use of force was objectively reasonable considering the man’s resistance. Though, the officer did not have probable cause to arrest the man for resisting arrest. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 15, 2023, Case #: 19-40904, Categories: Civil Rights, Police Misconduct
J. Dennis finds that the Mississippi Secretary of State, in this class action brought by former inmates seeking to have their voting rights restored, improperly found that the claims are barred by state sovereign immunity, with all also found to fail on their merits. The national consensus over the last 50 years has been that permanent disenfranchisement serves no legitimate penological purpose, merely continuing punishment, and is thus cruel and unusual. Reversed, rendered and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 4, 2023, Case #: 19-60662, Categories: Civil Rights, Constitution