18 results for 'judge:"Mathis"'.
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: Insurance, Discovery, Privilege
J. Mathis finds the district court properly granted an injection molding company’s motion for summary judgment in this copyright dispute regarding an industrial control system and software code brought by a consulting company. The consulting company argues that this court lacked jurisdiction, the district court should have not excluded an expert witness and erred on granting summary judgment in favor of the injection molding company. The expert testimony was not disposed by the injection molding company before the discovery period had closed and would have caused a surprise disruption of the trial. The consulting company fails to show a dispute of fact about the software code protectability. Therefore, this court does vacate the prior appeal decision and denies the motion to supplement the appellate record. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 5, 2024, Case #: 23-1591, Categories: Copyright, Jurisdiction, Experts
J. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: Consumer Law, False Advertising
J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: Evidence, Robbery, Theft
J. Mathis finds that while a statistical disparity exists between the number of black residents in the London, Kentucky area and the number included on the jury wheel used by the district court to empanel a jury, defendant failed to prove the disparity was extreme enough to establish a constitutional violation, especially considering there is no procedural flaw in the method used by the court to select its juries. Meanwhile, although a circuit split exists regarding the constitutionality of felon-in-possession of firearm convictions, there is no controlling precedent that would render defendant's conviction a violation of the Second Amendment; therefore, it will be upheld. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: March 5, 2024, Case #: 22-6048, Categories: Constitution, Firearms, Jury
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J. Mathis finds defendant's sentence for methamphetamine possession must be vacated and the case remanded for resentencing. The trial court failed to adequately explain how it determined the base sentencing level, which was not supported by the physical evidence, including the amount of meth found in defendant's possession when he was arrested and charged. Meanwhile, even though the grenade found in defendant's truck was inert, the lower court properly applied a sentencing enhancement for possession of a dangerous weapon because defendant could have used the grenade to threaten violence and avoid arrest. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: February 22, 2024, Case #: 22-2080, Categories: Drug Offender, Sentencing
J. Mathis finds defendant's previous conviction in Ohio for aggravated robbery did not constitute a crime of violence under federal sentencing guidelines. The conviction did not include an underlying theft offense that involves the use of force, while that state's definition of robbery is broader than the federal definition of extortion. Therefore, the lower court sentenced defendant on an incorrect guideline and his sentence will be vacated to allow for resentencing. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 20, 2024, Case #: 22-4052, Categories: Firearms, Robbery, Sentencing
J. Mathis finds the lower court properly granted the employer's motion for summary judgment because the delivery driver with Tourette syndrome could not perform essential functions of his job. Although he requested an accommodation, there were no delivery routes without face-to-face interactions, which is fatal to his failure to accommodate claim. Meanwhile, the driver's constructive discharge claim also failed because he was offered a warehouse position before he left the company and told his supervisors he "held nothing against" them when he took a position with a different company. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 15, 2024, Case #: 23-5397, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Mathis finds the lower court properly granted the government's motion for summary judgment in a tax case. The Swiss bank account holder's repeated refusal to file required tax documents and his decision to have the account numbered so it would not include his name constitutes willful conduct that allowed for greater penalties under federal tax law. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 8, 2024, Case #: 23-1481, Categories: Tax, Banking / Lending
J. Mathis finds that defendant was properly ordered to pay $37,000 in restitution after being convicted of burglary since defendant had the ability to pay the amount, but the trial court failed to create a payment plan based on defendant's finances. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: January 29, 2024, Case #: 23A-CR-1634, Categories: Burglary, Restitution
J. Mathis finds the trial court's jury instructions during defendants' trial on conspiracy to harbor illegal immigrants for commercial gain included language that properly defined the term "harbor." The revised version of the Immigration Act does not require knowing or willful acts on the part of criminal defendants. Additionally, even if the court had adopted defendants' version of the instruction, there was overwhelming evidence to establish the mens rea and find them guilty, including that the four Mexican immigrants lived in defendants' basement and were told to "not go outside or make any noise" at the risk of being deported by the government. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: November 28, 2023, Case #: 22-5516, Categories: Evidence, Immigration, Jury Instructions
J. Mathis finds the trial court properly imposed an enhanced sentence under the Armed Career Criminal Act after defendant was convicted of being a felon in possession of a firearm. His previous juvenile conviction for possession of a firearm while committing second-degree murder qualifies as a crime of violence under the Act. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 26, 2023, Case #: 22-1840, Categories: Firearms, Juvenile Law, Sentencing
J. Mathis finds the limited remand by this court to sentence defendant under the Armed Career Criminal Act was based on binding precedent and properly considered all relevant arguments. Therefore, the lower court was prevented from considering any new arguments as to whether the Act applied to defendant's 14 previous convictions and it properly resentenced him. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 12, 2023, Case #: 21-6250, Categories: Firearms, Sentencing
[Consolidated.] J. Mathis finds the lower court erroneously dismissed the girls' clothing manufacturer's trademark infringement claims against a competitor founded by former employees. The marketing expenditures of the company and the number of years it has sold the clothes both in Kentucky and the U.S. lend significant strength to its logos, while the competitor's design is similar enough it may cause confusion among consumers. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: September 21, 2023, Case #: 21-5723, Categories: Trademark, Attorney Fees
J. Mathis finds the trial court erroneously failed to make factual findings regarding defendant's self-defense claim during sentencing for his assault conviction. Although defendant was a felon in possession of a firearm, the government was required to prove by a preponderance of the evidence he did not act in self-defense before the court could impose a sentencing enhancement, which it did not. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: July 28, 2023, Case #: 22-3799, Categories: Firearms, Sentencing, Self Defense
J. Mathis finds the lower court erroneously granted the jail nurse's motion for summary judgment on the estate's deliberate indifference claim. He knew the detainee had lost consciousness when he examined her injuries and, under jail policy, he was required to transfer the detainee to the hospital. The failure to follow jail policy, when combined with the fact the nurse examined the detainee three times in the span of 10 minutes, is sufficient to allow a jury to find he acted recklessly; therefore, the claims against him will be reinstated. Meanwhile, previous cases from this court with similar circumstances would have put the nurse on notice that a failure to act when a detainee has seizures and loses consciousness would violate their constitutional rights, and so he is not entitled to qualified immunity. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: June 29, 2023, Case #: 22-3904, Categories: Civil Rights, Immunity, Wrongful Death
J. Mathis finds the lower court improperly imposed consecutive sentences for convictions that stemmed from defendant's violation of supervised release. Changes in sentencing guidelines rendered the sentences well over the statutory limit without an adequate explanation. Although the court discussed defendant's criminal history and previous convictions, it essentially imposed the same sentence as the one handed down upon the original remand from this court, even though the guideline changes dramatically reduced the range for the convictions. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: June 22, 2023, Case #: 22-1970, Categories: Drug Offender, Sentencing
J. Mathis finds the lower court properly granted the school's motion for summary judgment on free speech claims filed by the student who created a fake Instagram account of one of his teachers. Although administrators cannot control out-of-school speech to the same degree as in-school speech, the severe harassment of the teacher on the account, including vulgar and sexually explicit posts, fell within the administrators' purview. Meanwhile, the school handbook rule that prohibits gross misbehavior was properly applied by administrators and is not unconstitutionally vague because the terms are easily defined, and would be understood by students and their parents. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: June 2, 2023, Case #: 22-1748, Categories: Education, Due Process, First Amendment