34 results for 'judge:"Mendez"'.
J. Mendez finds that the lower court properly awarded the natural gas purchaser $9.6 million after the gas seller violated a contract to deliver 50,000 MMBtu of gas per day during Winter Storm Uri, including a buyback agreement that contemplated weather risks that would make it unfeasible for the supplier to meet the demands of the contract. There is no evidence to support the seller's claim that the purchaser accepted cancellation of the buyback agreement other that its witness' self-serving testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mendez, Filed On: April 2, 2024, Case #: 01779, Categories: Energy, Contract
J. Mendez grants $8,600 in attorney fees and costs to an event distributor following its successful case against a sports bar. The requested $12,000 in fees is reduced based, in part, on a reduction in hourly rates and the elimination of administrative assistant's fees.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: March 27, 2024, Case #: 2:22cv1059, NOS: Cable/Sat TV - Other Suits, Categories: Communications, Attorney Fees
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J. Mendez approves a consent decree settling an individual’s Americans with Disabilities Act claims against the state pertaining to his limited access to a county farm show, in which an agricultural association has agreed to conduct work to make the grounds accessible, and pay the individual $15,000 and $65,000 in attorney fees.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: March 13, 2024, Case #: 2:22cv1746, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Attorney Fees
J. Mendez-Miro grants the hospital and doctors' motion to exclude the testimony of one expert, but denies their motion to exclude another's testimony and a supplement to a motion in limine. The first expert, a neurologist, came to broad conclusions about the standard of care that do not rest on reliable scientific methodologies or grounds. The hospital and doctors' contentions that the second, testifying as a Life Care Planner, engaged in unsupported speculation are not sufficient reason to exclude his testimony. The supplement, finally, does not include any new theories or evidence surprising to the hospital or doctors, and is harmless.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: February 23, 2024, Case #: 3:20cv1431, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Mendez-Miro grants the nonparties' motions to quash the employer's two subpoenas seeking testimony and documents related to the formation of the business the employee co-founded after she was terminated by the employer, allegedly because of her pregnancy. The employer's subpoenas do not include the text of two relevant rules as required under those rules, and the information they seek has not yet been sought from the employee herself, who could potentially provide it in a less burdensome way. The subpoenas issued to a bank also seek information beyond the employee's financial information and, therefore, are irrelevant.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: February 15, 2024, Case #: 3:22cv1167, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Mendez finds that the lower court improperly convicted defendant of criminal possession of a weapon. The evidence shows defendant came into possession of the weapon in order to disarm an enraged friend who was in an argument with his wife. The possession was temporary and he did not use the weapon in a dangerous manner. Reversed.
Court: New York Appellate Divisions, Judge: Mendez, Filed On: January 30, 2024, Case #: 00390, Categories: Firearms, Weapons
J. Mendez-Miro finds for the car accident compensation administration and its former executive director in claims contending a contract with a health care provider was wrongfully canceled due to the provider's political views because evidence does not indicate the director had knowledge of an appearance the doctor made on television or what the doctor had said on that appearance.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: September 26, 2023, Case #: 3:20cv1764, NOS: Other Civil Rights - Civil Rights, Categories: Contract
J. Mendez-Miro grants Puerto Rican governor Pedro Pierluisi dismissal of trademark claims concerning use of Roberto Clemente's likeness and references on commemorative license plates because Clemente Properties failed to demonstrate the government used the mark in connection with goods and services.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: September 22, 2023, Case #: 3:22cv1373, NOS: Other Contract - Contract, Categories: Trademark