7 results for 'judge:"Montalvo"'.
J. Montalvo finds that the district court properly denied defendant's petition for a writ of habeas corpus in a case in which the district court rejected defendants' claim that a life without parole sentence, imposed after he pleaded guilty to public indecency, was grossly disproportionate to his offense in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. The sentence under Oregon’s legislatively-mandated sex offender recidivism statute was correct when factoring in defendant's criminal history. Affirmed.
Court: 9th Circuit, Judge: Montalvo, Filed On: March 27, 2024, Case #: 22-35076, Categories: Constitution, Sentencing, Sex Offender
J. Montalvo partially grants the employee's motion to amend the final judgment in an employment and sexual harassment action. A jury found that the employee was sexually harassed and awarded her a total of $500,000 in damages but the award was later reduced to $75,000 upon the company's motion for judgment as a matter of law. The individual should have been given a choice between accepting the remittitur or seeking a new trial on damages. The employee's real-time experiences were properly considered in the decision remitting her damages.
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: August 22, 2023, Case #: 3:19cv283, NOS: Employment - Civil Rights, Categories: Damages
J. Montalvo denies a motion to amend judgment brought by a consumer who had sued a credit reporting company over alleged violations of the Fair Credit Reporting Act following a dispute with another company over a payment plan. The consumer never formally requested that a “statement of dispute” be added to his credit report and only “perfunctorily” explained his dispute to the credit agency, and his assertion that the court erred on this issue is “incorrect.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: July 7, 2023, Case #: 3:21cv114, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Consumer Law, Contract
J. Montalvo grants a motion to appoint an attorney ad litem in a foreclosure case. A company seeking the foreclosure has not been able to contact any heirs of a now deceased obligor on the loan, and while the company invokes a procedural rule from Texas courts, there is no reason why federal courts should not also honor this request and the costs associated with appointing such an attorney “will generally be minimal.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 6, 2023, Case #: 3:22cv226, NOS: Foreclosure - Real Property, Categories: Civil Procedure, Guardianship, Foreclosure
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J. Montalvo denies a motion for leave to intervene after a medical company won an award in arbitration in a contract dispute with a second medical company and moved for a “writ of execution and garnishment” to retrieve its award. A financial company then filed as an intervenor, arguing it should have “priority status” to assets from that second company based on prior agreements with that company. The motion for leave should be denied because the intervenor did not timely file and because its fears that granting the writ will “impede or interfere” with its own interests are “misplaced.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 5, 2023, Case #: 3:20cv7, NOS: Other Contract - Contract, Categories: Arbitration, Damages, Contract
J. Montalvo grants some but not at all attorney fees and costs requested by a worker after she prevailed on a sexual harassment claim against her former employer. While the worker is entitled to these fees and costs in general, there is “excessiveness” and “vagueness” in her calculations of costs, and the amount due should be reduced.
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: May 9, 2023, Case #: 3:19cv283, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Attorney Fees