20 results for 'judge:"Graves "'.
J. Graves finds the district court properly granted summary judgment in favor of Michaels. The customer brought this negligence suit after slipping and falling inside the store on a rainy day. The customer's declaration, photos, testimony, as well as a security video not showing the area where the customer slipped, did not create a genuine dispute of material fact as to notice. A statement recounted by the customer from an unidentified staff member regarding how the staff had been mopping up water all day is hearsay. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: April 4, 2024, Case #: 23-30393, Categories: Evidence, Negligence, Premises Liability
J. Graves finds the district court properly granted summary judgment to the insurer. The company that converts used cooking oil and vegetable by-products into animal feed ingredients was sued by the city for dumping corrosive, low-pH wastewater into the sewer system. A pollution exclusion designed to discourage wasteful activity states the insurer "will not be liable for loss for any claim based upon or arising out of the...discharge, dispersal, seepage, migration, release or escape of any [p]ollutant.��� The facts as pleaded do not trigger the insurer's duty to defend. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: March 18, 2024, Case #: 23-60087, Categories: Environment, Insurance
J. Graves finds the district court improperly found for the prison officials on an inmate's claim the officials failed to prevent his assault by another inmate, saying they ignored warnings he was a target. Although the officials argue the inmate had not exhausted his administrative remedies, the inmate's sworn statement says his first grievance was filed within the deadline. He then filed another grievance, which infers he either did not receive a response or received an unfavorable one. Assessment of the statement���s credibility is a matter for trial, not summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 22-40415, Categories: Evidence, Assault, Prisoners' Rights
J. Graves finds the district court properly sentenced defendant on his conviction for being a felon in possession of a firearm. Defendant was on parole when, during an unemployed period, he relapsed into taking drugs and gambling. An acquaintance made during that time was approached by an ATF confidential informant, and the associate brokered a deal for the informant to purchase a firearm from defendant. Though defendant had retained employment, quit doing drugs and began spending more time with his family before his arrest, he has not shown how his prior years of drug dealing and gang participation were erroneously used as sentencing enhancements. Furthermore, defendant's sentence of 63 months in prison is within guidelines. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 23-10167, Categories: Drug Offender, Firearms, Sentencing
J. Graves finds the district court improperly denied defendant's petition for a writ of habeas corpus. Defendant challenges his guilty plea conviction for conspiracy to possess stolen firearms, asserting ineffective assistance of counsel based on his trial attorney���s failure to consult with him about filing an appeal. Defendant has demonstrated that, but for the attorney's deficient conduct, he would have appealed. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 25, 2024, Case #: 22-50332, Categories: Firearms, Habeas, Ineffective Assistance
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J. Graves finds the Board of Immigration Appeals improperly denied the Honduran citizen's motion to reopen his removal proceedings, and both parties agree the circuit should vacate and remand. The board erroneously denied the motion without resolving the issue of statutory provisions relating to an unaccompanied minor's sexual orientation and his experiences with threats of violence in Honduras. The board failed to determine whether the immigrant's sexual orientation was new and previously unavailable evidence in support of asylum eligibility. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: January 17, 2024, Case #: 21-60681, Categories: Immigration, Due Process, Lgbtq
J. Graves finds the district court improperly found for an insurer on an airline's contract action arising from the insurer's denial of its claim for reimbursement for a massive computer system failure. The airline submitted evidence showing the insurer argued the system failure was not the ���but for��� cause of four of the five categories of loss in dispute, and the district court���s order is unclear as to its view of this evidence. Reversed.
Court: 5th Circuit, Judge: Graves, Filed On: January 16, 2024, Case #: 22-10942, Categories: Insurance, Transportation, Contract
J. Graves finds the district court properly granted Allstate's motion to dismiss. Allstate denied the driver's uninsured motorist claim after the at-fault driver's insurance covered $25,000 in damages. The driver failed to plausibly allege the at-fault driver's vehicle qualified as an uninsured motor vehicle. Furthermore, his claim Allstate's diminished value exclusion violates public policy fails because nothing has been shown diminished value is required to be a part of all automobile insurance policies. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: January 12, 2024, Case #: 23-60141, Categories: Administrative Law, Insurance, Vehicle
J. Graves finds the district court improperly revoked defendant's supervised release. Although defendant's criminal mischief charge was dismissed, revocation was pursued, which denied him his right to confront and cross-examine adverse witnesses without good cause. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: November 17, 2023, Case #: 23-20381, Categories: Sex Offender, Due Process, Child Victims
J. Graves finds the Texas Commission on Environmental Quality improperly declined to impose certain emissions limits on a new natural gas facility that had been imposed on another natural gas facility. The commission failed to explain its reasoning for applying the law inconsistently. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: November 14, 2023, Case #: 22-60556, Categories: Energy, Agency
J. Graves finds the district court properly granted the real estate exchange's motion for judgment as a matter of law in this trademark infringement suit. Though evidence that the company's marks are perceived as primarily a personal name was shown, the exchange argued that its use of "Rex" was according to the Latin translation and that its customers perceived it this way. Still, a reasonable jury could find in the company's favor for infringement of the marks before they were federally registered. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Graves , Filed On: September 6, 2023, Case #: 22-50405, Categories: Evidence, Real Estate, Trademark
J. Graves finds the district court improperly granted summary judgment to the state prison officials in this suit brought by the inmate whose requests to transfer money from her inmate trust account to an outside bank account have been denied without hearing. The inmate���s trust account holds almost $100,000 due to a settlement in a civil matter, and she has been found guilty of a prison rule violation for depositing funds in other inmate���s accounts. All subsequent transfer requests have been denied without hearing. The inmate has provided evidence that her due process rights were violated, and this precludes summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves, Filed On: August 30, 2023, Case #: 22-50634, Categories: Due Process, Banking / Lending, Prisoners' Rights
J. Graves finds the district court improperly dismissed this suit brought by customers at an estate sale who were physically ejected for refusing to wear face masks due to medical issues, resulting in their losing a pair of glasses. The court erred by denying the request for an opportunity to amend, giving no explanation. It was also error to hold that the customers failed to establish their prima facie case at this early stage. Vacated and remanded.
Court: 5th Circuit, Judge: Graves, Filed On: August 17, 2023, Case #: 22-50048, Categories: Civil Rights, Due Process, Covid-19
J. Graves denies defendant���s request for a certificate of appealability to appeal the district court���s denial of his federal habeas corpus challenge to his capital murder conviction. The record shows that defendant concedes the court properly applied the ���interest of justice��� standard regarding indigent petitioners seeking substitute counsel in habeas proceedings. The court looked to the Fifth Circuit���s precedent in applying the standard for substitution of counsel to identify common circumstances in which good cause might exist, and there has been no abuse of discretion. The appeal is dismissed. The district court���s denial of substitute counsel is affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 31, 2023, Case #: 22-70002, Categories: Habeas, Murder, Due Process
J. Graves finds the district court properly dismissed the estate representative���s complaint alleging civil rights violations made by an EMS crew which resulted in the representative���s mother���s death. The estate���s claim is brought on the basis of the Fourteenth Amendment, which forbids state deprivation of life, liberty and property, but cannot impose an obligation on the state to protect those interests which may come to harm by other means. The estate fails to state a claim that their mother had a ���special relationship��� with the state giving rise to a constitutional duty to provide for her safety. Affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 17, 2023, Case #: 22-20423, Categories: Constitution, Wrongful Death, Medical Malpractice
J. Graves finds the district court properly denied the officers��� motion for summary judgment seeking qualified immunity from the homeowner���s unlawful entry and excessive force claims arising from the officers��� search for a murder suspect which resulted in an innocent 78-year-old man being attacked by a police dog. The officers are not entitled to qualified immunity from the unlawful entry claims, though the canine officer is entitled to qualified immunity for any force employed from the moment he entered the house. Affirmed in part. Reversed in part.
Court: 5th Circuit, Judge: Graves, Filed On: July 14, 2023, Case #: 22-30241, Categories: Immunity, Police Misconduct
[Consolidated.] J. Graves finds the trial court properly convicted defendant for conspiracy and transporting undocumented immigrants resulting in serious bodily injury and death, applying an enhancement for involuntarily detaining a migrant through threat or coercion. Though error is found, being the immigrant who survived the car crash testified that defendant continued driving after he asked him to stop while eluding law enforcement, this involuntary detainment was not by threat or coercion. Still, defendant fails to show the error was plain since he did not object. Defendant provides no case law showing why the enhancement should not apply. Affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 11, 2023, Case #: 22-50285, Categories: Immigration, Vehicular Homicide, Human Trafficking
J. Graves finds the district court properly dismissed defendant's claims of false imprisonment against the bondsman who petitioned the court to issue an arrest warrant due to defendant's failure to check in and provide contact information per contract. Defendant was arrested pursuant to a valid arrest warrant, and so there can be no cause of action for false imprisonment. The pleadings must ���reveal beyond doubt that [defendant] can prove no set of facts��� that would overcome the bondsman's defense or otherwise entitle him to relief. The district court erred in dismissing the contract breach claim. Affirmed in part, reversed in part.
Court: 5th Circuit, Judge: Graves , Filed On: June 29, 2023, Case #: 22-40241, Categories: Bail, Contract
J. Graves finds the district court improperly entered an order appointing a receiver over all corporations and entities controlled by the real estate developer who partnered with a Chinese broker to offer and sell investment loans to Chinese investors. Approximately $23.7 million in investor funds were comingled and misused before the SEC filed suit. Under guiding case law, the SEC could have sought an injunction freezing asset transfers while it traced the funds and determined which entities should be placed in the receivership, which it did not. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: June 28, 2023, Case #: 22-11132, Categories: Real Estate, Securities, Injunction
J. Graves denies the Cambodian citizen���s petition for review of the Board of Immigration Appeals affirming of an immigration judge���s finding of removability for an aggravated felony conviction. A guiding case does not constitute a change in the law that triggers retroactivity analysis of the relevant law governing the receiving of stolen property. The conviction constitutes receipt of stolen property, and thus is an aggravated felony for purposes of the Immigration and Nationality Act.
Court: 5th Circuit, Judge: Graves, Filed On: May 30, 2023, Case #: 21-60146, Categories: Evidence, Immigration, Due Process