19 results for 'judge:"Ho "'.
J. Ho finds the district court improperly certified the class of investors alleging the petroleum corporation fraudulently misrepresented the value of its oil field project. During certification proceedings, the investors presented new evidence in a reply brief involving an after-hours disclosure of a dry well, giving the corporation no fair opportunity to address it. The district court failed to permit the corporation to file a sur-reply responding to the evidence. Vacated.
Court: 5th Circuit, Judge: Ho , Filed On: April 25, 2024, Case #: 23-20424, Categories: Energy, Fraud, Securities
J. Ho partially denies the resort's motion to dismiss a Muslim employee's claims he was discriminated against on the basis of his religion and disability. A supervisor's comment that the employee should try bacon is not enough to support a religious discrimination claim. However, the resort is not entitled to summary judgment because the employee offers sufficient evidence to show that the alleged insubordination for which he was fired never happened, and was pretext for firing him due to his limitations caused by his diabetes.
Court: USDC Southern District of New York, Judge: Ho, Filed On: March 15, 2024, Case #: 1:22cv3104, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Ho finds the district court properly found in favor of World Wrestling Entertainment on a spectator's allegations he was injured at an event and is not bound to the arbitration agreement printed on his ticket because it was a gift from his nephew. Any individual who permits a third-party to present a ticket for admittance to an event on his behalf is bound by the terms and conditions governing the use of the ticket. Affirmed.
Court: 5th Circuit, Judge: Ho , Filed On: March 8, 2024, Case #: 23-10491, Categories: Arbitration, Premises Liability, Contract
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J. Ho grants, in part, a realty company's motion for fee shifting as a sanction against an attorney in a trade secrets case. The attorney relied on assumptions, rather than facts, regarding the existence of requested records when he refused to comply with certain discovery orders.
Court: USDC Southern District of Texas, Judge: Ho, Filed On: January 22, 2024, Case #: 4:22cv2847, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Sanctions, Trade Secrets, Discovery
J. Ho finds the district court properly denied the Harris County officer's motion for summary judgment and dismisses the appeal for want of jurisdiction. After the driver received a parking ticket, he and the ticketing officer stopped at a gas station where an exchange occurred, and the driver began videotaping. The driver followed the officer after leaving the gas station, though it is disputed whether this was intentional or incidental. The driver was stopped again, ordered to exit his car and tased in the process. All events were captured on the driver's cell phone or the officer's body cam, showing no resistance made by the driver. The video evidence supports the conclusion the driver was complying with the officer's commands, which is sufficient to overcome qualified immunity.
Court: 5th Circuit, Judge: Ho, Filed On: January 10, 2024, Case #: 22-20644, Categories: Evidence, Police Misconduct
J. Ho finds the Board of Immigration Appeals properly ordered the removal of the Mexican immigrant based on a conviction for aggravated sexual assault with a deadly weapon. Aggravated sexual assault with a deadly weapon is a crime of violence and an aggravated felony for purposes of federal immigration law. The petition for review is denied.
Court: 5th Circuit, Judge: Ho , Filed On: December 18, 2023, Case #: 23-60102, Categories: Immigration, Sex Offender
J. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Civil Rights, Due Process
J. Ho grants Texas��� petition for review of the Nuclear Regulatory Commission���s assertion that it the Atomic Energy Act authorizes it to license temporary, away-from-reactor storage facilities for spent nuclear fuel due to the stalled development of a permanent geologic waste repository. The commission has issued a license for a private company to operate such a facility on the Texan Permian Basin, in Andrews County, though the Axct doesn���t confer this authority. The Nuclear Waste Policy Act establishes a statutory scheme for dealing with nuclear waste, thereby foreclosing the commission���s claim to authority. The license is vacated and the commission's motion to dismiss is denied.
Court: 5th Circuit, Judge: Ho, Filed On: August 25, 2023, Case #: 21-60743, Categories: Energy, Environment, Agency
J. Ho finds the district court improperly dismissed the property owner���s civil rights claims as to takings and due process regarding work done by the city, which damaged the property and caused adjacent properties to flood. The owners allege that city officials violated their rights at the direction of Houston���s mayor and city council, which is enough to establish liability. State law claims were properly dismissed as barred by sovereign immunity. Affirmed in part. Reversed in part.
Court: 5th Circuit, Judge: Ho, Filed On: August 21, 2023, Case #: 22-20019, Categories: Civil Rights, Property, Due Process
J. Ho finds the district court properly found the treasury did not abuse its discretion by requiring repayment of federal funding given to the credit union through the Community Development Financial Institutions Fund. Even though the credit union may have been eligible on some basis not presented in the application, it inaccurately categorized members to emphasize low-income thresholds that vary by zip code, classed members with a lack of income information as low-income, and artificially lowered its members��� incomes by consistently using the lower of two possible income values. Affirmed.
Court: 5th Circuit, Judge: Ho , Filed On: July 5, 2023, Case #: 22-30080, Categories: Fraud, Government, Banking / Lending
J. Ho finds the district court properly convicted defendant for possession of child pornography. Defendant, by a routine search of his RV when crossing the border from Mexico, was found to be in possession of a well-hidden, undeclared firearm and ammunition. After he was detained, a search of his cell phone revealed child pornography. Every circuit addressing the issue of reasonable suspicion authorizing the search of a cell phone has agreed that no individualized suspicion is required for the manual border search of a cell phone, and there is no reason to depart from the consensus. Affirmed.
Court: 5th Circuit, Judge: Ho, Filed On: June 19, 2023, Case #: 21-50406, Categories: Search, Child Pornography, Civil Rights
J. Ho finds the trial court improperly denied qualified immunity to the secretary of the Louisiana Department of Public Safety and Corrections in this suit brought by a former inmate alleging civil rights violations. The inmate was properly credited for time served during his trial process, but improperly so after a law change during his sentence, resulting in his serving over a year longer than required. The inmate says that the secretary was objectively unreasonable for failing to assign the calculation of release dates to an attorney. Nothing in the constitution requires that a member of the bar be assigned such tasks. Reversed.
Court: 5th Circuit, Judge: Ho, Filed On: May 15, 2023, Case #: 21-30625, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Ho finds the district court properly found in favor of the water supply firm that alleges that its insurer wrongly refused to defend it in a suit brought against a member who sold land owned by the gated community serviced by the firm ���for pennies on the dollar,��� allegedly conveying property without authorization, using assets improperly, failing to recover loss and breaching her fiduciary duty. A claim for breach of fiduciary duty is not one for breach of contract and is not subject to exclusion under a contractual liability exclusion as argued by the insurer. Affirmed.
Court: 5th Circuit, Judge: Ho, Filed On: May 9, 2023, Case #: 22-50218, Categories: Insurance, Property, Fiduciary Duty