96 results for 'judge:"Jackson"'.
J. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: Drug Offender, Juvenile Law, Search
J. Jackson-Akiwumi finds that the lower court improperly granted qualified immunity to two probation officers who failed to release a man jailed for a probation violation months after his probation should have been over. The officers' jobs involved correcting unlawfully long probation terms, but they did nothing when they discovered the error, not even tell someone about the problem. Their decision to do nothing about the mistake was egregious and unreasonable. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-3332, Categories: Civil Rights, Immunity
J. Jackson-Akiwumi finds that the lower court improperly enhanced defendant's sentence for possession of a firearm under the Armed Career Criminal Act. Defendant's prior Florida conviction for aggravated assault no longer qualifies as a violent felony after the Florida Supreme Court's decision in Somers v. U.S., which ruled that the Florida crime of aggravated assault covers reckless conduct. To qualifies as a violent felony, a prior crime must be intentional not reckless. Vacated.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-1325, Categories: Firearms, Sentencing
[Consolidated.] J. Jackson-Akiwumi finds that the lower court properly convicted defendant of inciting a riot in Champaign, Illinois during the weekend of unrest following the police murder of George Floyd. The panel declined to revisit the Seventh Circuit's 1972 decision in U.S. v. Dellinger upholding the Anti-Riot Act as constitutional under the First Amendment. Further, the offense is covered by the Mandatory Victims Restitution Act as an "offense against property." However, the government failed to meet its burden of showing that defendant directly caused all damages to businesses in the restitution order, so the lower court must revisit its $1.6 million restitution order. Affirmed in part.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 29, 2024, Case #: 21-2572, Categories: Constitution, Restitution, Property Crimes
J. Jackson-Akiwumi finds that the lower court finds that the landlord's successor in interest is entitled to collect damages for unpaid rent from Saks, which guaranteed it would pay rent on a department store retail space if the tenant did not pay. Saks waived the right to present affirmative defenses to liability in the guaranty it signed. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 24, 2024, Case #: 23-1489, Categories: Landlord Tenant, Contract
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. Jackson finds a lower court properly dismissed a father's civil rights claims against a housing authority. The father argued that he was entitled to welfare priority benefits to send his children to a Muslim school. However, the local borough sufficiently showed in court that the housing authority is only obligated to place children is schools in a nearby location, where education is free. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: April 24, 2024, Case #: CA-2023-577, Categories: Civil Rights, Education
J. Jackson grants in part the defendant school district's motion for sanctions and dismisses the parent's amended complaint with prejudice as to the school district. The current matter stems from the parent's alleged failure to "execute the necessary documents to effectuate the settlement agreement previously reached." Dismissal is warranted based on a failure to comply with the court's "rules and orders," since the school district had to continue litigating the case, and a lesser sanction would be inadequate.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 19, 2024, Case #: 6:22cv151, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Education, Sanctions, Settlements
J. Jackson-Akiwumi finds that the lower court properly found for the college, ruling it did not discriminate against the employee when it fired her after nearly 20 decades of employment. The employee fails to show a causal link between her filing of a petition with the Illinois Department of Human Rights and her termination, as the record supports the college's claim that it fired her after becoming increasingly dissatisfied with her performance. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 17, 2024, Case #: 22-2516, Categories: Education, Employment Discrimination
J. Jackson finds that the circuit improperly imposed limitations on veterans' benefits because the veteran sought to use one of two separate entitlements to his educational benefits. Reversed.
Court: US Supreme Court, Judge: Jackson, Filed On: April 16, 2024, Case #: 22-888, Categories: Veterans
J. Jackson grants a request by a Texas-based electrical contractor, finding its Louisiana competitor in civil contempt of a nearly two-year-old court order barring its use of allegedly stolen trade secrets obtained from the litigant’s former employees. The competitor claims it was “blindsided” by its employee’s deposition testimony that he used tools and programs from his ex-employers to build materials for his new bosses. The competitor “may not rely on its supposed ignorance” of its employees' activities to avoid a finding of contempt. The competitor must immediately cease using all replicas of the litigant-contractor's protected information.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: April 12, 2024, Case #: 3:22cv267, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Sanctions, Trade Secrets
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Housing
J. Jackson grants the Department of Energy's motion for summary judgment in the nonprofit's Freedom of Information Act suit seeking information on an ethics matter involving a former deputy assistant secretary. Documents withheld in the Department's original response to the nonprofit's FOIA request fell under an exemption for attorney work product, attorney-client privilege and deliberate process privilege. The privacy interest involved in the redaction of two documents related to a conflict of interest outweighs any public interest in those documents.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 30, 2024, Case #: 1:21cv2486, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Privacy, Privilege
J. Jackson dismisses, for lack of subject matter jurisdiction, three hospitals’ lawsuit against the Department of Health and Human Services for how it calculated the funds due to the hospitals under Medicare’s disproportionate share hospital adjustment. The hospitals did not exhaust their administrative remedies before suing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 29, 2024, Case #: 1:22cv2272, NOS: Medicare Act - Contract, Categories: Administrative Law, Jurisdiction, Medicare
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Maritime, Tort, Jurisdiction
J. Jackson grants the employer's motion to dismiss the employee's suit alleging that she was terminated for taking medical leave after her son was shot and that her supervisors defamed her. The employee, a pro se litigant, has failed to state any of her claims.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 28, 2024, Case #: 1:23cv2249, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Defamation, Employment Discrimination
J. Jackson finds the lower court properly convicted defendant of 13 crimes including the premeditated attempted murder of law enforcement when he went on a three-day crime spree that ended in him crashing a stolen vehicle into a busy intersection during rush hour and engaging in a shootout with law enforcement, injuring two police officers. Evidence is sufficient to support his convictions and sentence to a determinate term of 35 years 8 months and a total indeterminate term of 30 years to life. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 28, 2024, Case #: A166011, Categories: Evidence, Firearms, Murder
J. Jackson dismisses a group of D.C. residents' challenge to a law that allows noncitizen residents to vote in local elections. They fail to show an injury-in-fact and, therefore, lack standing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 20, 2024, Case #: 1:23cv1261, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, Jurisdiction
[Modified.] J. Jackson grants a university's motion for confidential treatment of student identities by modifying multiple paragraphs of a previously published opinion with no change in judgment. A university had jurisdiction over a tenured professor and was within its discretion to both fire him and deny him emeritus status based on undisputed findings that he sexually abused two women who were not university students. The university had the authority to enforce its faculty code of conduct, the professor's conduct was subject to discipline under the code, and he violated ethical principles and impaired the university's central functions. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 1, 2024, Case #: A164480, Categories: Employment, Jurisdiction
J. Jackson grants the business owners' motion to dismiss a trade secrets dispute. The business owner and the income tax preparation service entered into an agreement in which the business owners would operate two locations. After the agreement ended, the income tax service accused the business owners of violating their contract by using confidential trade secrets to lure customers from the franchise to the new income tax service business they had started. The income tax service failed to identify a specific trade secret the new business used to steal their customers.
Court: USDC Eastern District of Virginia, Judge: Jackson, Filed On: March 1, 2024, Case #: 2:23cv355, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Tax, Contract
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: Tort, Jurisdiction, Contract
J. Jackson grants a request by the Army Corps of Engineers to dismiss landowners' claims seeking to reverse its denial of a retroactive permit for their recreational pond, arguing its reforestation plan would cost them $1 million to implement. The district court lacks jurisdiction, as the federal government cannot be sued under state law absent an unequivocally expressed waiver of sovereign immunity.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 5, 2024, Case #: 3:21cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Property, Immunity
J. Jackson finds that a university had jurisdiction over a tenured professor and was within its discretion to both fire him and deny him emeritus status based on undisputed findings that he sexually abused two women who were not university students. The university had the authority to enforce its faculty code of conduct, the professor's conduct was subject to discipline under the code, and he violated ethical principles and impaired the university's central functions. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: February 1, 2024, Case #: A164480, Categories: Employment, Jurisdiction
J. Jackson dismisses a former teacher's contract and due process claims against the district after it failed to rehire him, allegedly in violation of the parties' settlement agreement. The agreement did not contain any obligation the district rehire him, nor has he sufficiently alleged a due process violation.
Court: USDC District of Columbia, Judge: Jackson, Filed On: January 31, 2024, Case #: 1:22cv2137, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Due Process, Contract
J. Jackson grants summary judgment to the U.S. Fish & Wildlife Service, upholding the agency’s 2014 decision to remove the Louisiana Black Bear from a list of endangered species after determining that its population had recovered from the threat of agricultural land clearing efforts in the early 1990s. The Service’s decision to delist the Louisiana Black Bear was lawful and not arbitrary or capricious, as litigant-nonprofit organizations alleged. The Service’s conclusions about the viability of the current Black Bear population were “based on its reasonable assessment of the best available scientific evidence.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: January 29, 2024, Case #: 3:20cv651, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Evidence, Government
J. Jackson grants a bank’s unopposed request for $842,000 in attorney fees arising from a breach of contract suit but denies its “eyepopping” request for $504,000 in legal expenses and costs not normally awarded in federal court. The bank argues its deposit agreement does not limit the types of cost and expenses it should be allowed to recover and the bank should not be limited by federal law either. Ambiguous language in the deposit agreement precludes a finding the bank may seek limitless costs.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: January 19, 2024, Case #: 3:19cv811, NOS: Other Contract - Contract, Categories: Civil Procedure, Banking / Lending, Attorney Fees
J. Jackson finds that the trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: January 5, 2024, Case #: A165198, Categories: Murder, Parole, Restitution