12 results for 'judge:"Melloy"'.
J. Melloy finds a lower court properly dismissed a civilian's civil rights claims against the government. The civilian argued that police officers wrongfully removed him from a motel room without establishing eviction measures, even though his stay at the establishment was part of a program for elderly and vulnerable adults during Covid-19. However, government attorney's sufficiently showed in court that the police officers are entitled to qualified immunity for removing him from the premises based on his status as a hotel guest and not a protected tenant. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 21, 2024, Case #: 23-1835, Categories: Civil Rights, Immunity, Covid-19
J. Melloy finds a lower court properly dismissed the Pharmaceutical Research and Manufacturers of America's claims that federal law impliedly preempts Act 1103, which prohibits drug manufacturers from placing limits on covered entities' ability to contract with outside pharmacies. The PhRMA argued that Section 340B program and the Federal Food, Drug, and Cosmetic Act preempt Act 1103. However, the commissioner of the State's insurance department sufficiently showed in court that the Act is not an obstacle for drug makers, but rather a mechanism to fulfill the purpose of 340B. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 12, 2024, Case #: 22-3675, Categories: Government, Health Care, Insurance
J. Melloy finds a lower court improperly sentenced a defendant for failing to properly register as a sex offender. The government argued that the defendant is a Tier III offender for forced prostitution. However, the defendant presented sufficient evidence in court that he may be entitled to Tier I status based on the "realistic probability" that his forced prostitution offense only involved "over- the-clothes touching." Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: November 20, 2023, Case #: 23-1690, Categories: Evidence, Sex Offender, Prostitution
J. Melloy finds a lower court properly convicted a defendant who initially pleaded guilty to possessing a firearm while illegally residing in the U.S. The defendant, who worked at a convenience store where he beat a customer to death with a pistol for allegedly stealing, argued that the lower court erred in applying a homicide guideline cross reference, instead of manslaughter, and that he was entitled to be tried before a jury. However, the government presented sufficient evidence in court that the defendant's sentence is proportional to his crime and that he was only entitled to a bench trial. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: November 1, 2023, Case #: 22-2844, Categories: Murder, Sentencing, Assault
[Consolidated]. J. Melloy finds a lower court properly denied an attorney's motion to disqualify an expert witness. The attorney argued that he had previously engaged with the expert witness to testify on his behalf concerning claims that he was the victim of a online cyber attack at the hands of two voice platform employees. However, the attorney and the expert witness did not forge an official engagement agreement. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: October 24, 2023, Case #: 23-1004, Categories: Experts, Contract
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J. Melloy finds a lower court properly denied a native of Mexico's motion to remain in the U.S. The citizen of Mexico argued that his representation in court was sub- standard, and that his children suffered from mental and emotional health challenges. However, the government presented evidence in court that the children's challenges were not severe enough to cancel his removal. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 30, 2023, Case #: 21-3329, Categories: Civil Rights, Health Care, Immigration
J. Melloy finds a lower court properly denied two organizations and 17 States' motion for preliminary injunction concerning claims that the Bureau of Alcohol, Tobacco, Firearms, and Explosives overstepped its authority when it breached federal regulations by deciding the definition of receiver and identification of firearms. The organizations and 17 States argued that it was entitled to a preliminary injunction to enjoin the ATF from implementing the new rule and for overstepping its authority. However, the bureau presented sufficient evidence in court that the organizations and the 17 States would not face economic harm or deprivation of its rights to engage in protected conduct under the Constitution minus a decision on the merits. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 22, 2023, Case #: 22-2812, Categories: Government, Firearms, Injunction
J. Melloy finds a lower court properly denied a citizen of South Africa's motion for withholding of relief. The citizen of South Africa argued that her request falls under the Convention Against Torture. However, the government presented evidence in court that she is removable for her participation in an identity theft scam, along side her mother, which resulted in the California Employment Development Department suffering major monetary losses as a result of the duo fraudulently using 50 personal identifications. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 21, 2023, Case #: 22-1739, Categories: Immigration, Identity Theft
J. Melloy finds that a lower court improperly dismissed defendant's motion for time served. The government argues that defendant was not entitled to relief from a 30-month prison sentence for failure to register as a sex offender. However, defendant sufficiently proved that the government failed to consider time served for a related crime carried out in Florida.
Court: 8th Circuit, Judge: Melloy, Filed On: August 17, 2023, Case #: 22-1954, Categories: Sentencing, Sex Offender
J. Melloy finds a lower court properly dismissed a property developer's civil rights claims for monetary losses it incurred as part of a County development. The property developer argued that it lost revenue due to the County's imposition of a stop- work order. However, the County planning commission presented sufficient evidence in court that the matter had already been settled in a judgment. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 15, 2023, Case #: 22-3025, Categories: Civil Rights, Property, Enforcement Of Judgments
J. Melloy finds a lower court properly ruled in favor of a father on claims that his daughter’s mother violated the Hague Convention on the Civil Aspects of International Child Abduction. The mother argued that she was entitled to move her daughter to the U.S. However, the father of the child presented sufficient evidence in court that the child was “at home” in Japan. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 10, 2023, Case #: 22-3014, Categories: Evidence, Family Law, Jurisdiction
J. Melloy finds a lower court improperly remanded class claims of deceptive marketing practices against Walmart to State court concerning the sale of a cough suppressant with a "non- drowsy" label. The class of consumers argued that the case should be remanded to state court because the amount in controversy did not exceed $5 million. However, Walmart sufficiently showed in court that the amount exceeds the jurisdictional requirement under the Class Action Fairness Act. Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: May 24, 2023, Case #: 23-1381, Categories: Consumer Law, Jurisdiction, Class Action