30 results for 'judge:"Navarro"'.
J. Navarro finds that the lower court improperly ordered defendant detained while awaiting trial on armed robbery charges. The prosecutor failed to tender the police report from defendant's prior aggravated unlawful use of a weapon case to defense counsel so defendant is entitled to a new bail hearing. Reversed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 1, 2024, Case #: 240299, Categories: Robbery, Bail
J. Navarro-McKelvey finds that the lower court properly granted sole legal and physical custody of the parties' three children to the father. The court was not required to consent to a parenting plan the father had proposed three years earlier, as the parties were no longer in agreement as to the custody arrangements, so the court was required to determine a custody plan that was in the best interests of the children. Affirmed.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111647, Categories: Family Law
J. Navarro-McKelvey dismisses the department's appeal of the lower court's decision to apply a multiplier to the award of attorneys' fees to the employee who prevailed in a sexual harassment suit. The department failed to show that the issue of waiver of sovereign immunity for attorneys' fees multipliers falls under the jurisdictional exception to the claim preservation requirements.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111748, Categories: Civil Rights, Immunity, Attorney Fees
J. Navarro grants the subcontractor's motion for partial summary judgment. The construction company alleges the subcontractor abandoned its contract to construct a temporary phasing facility for the company's renovation of the Air Force base hospital, requiring it to add a second phasing facility. The company's use of the second facility was not reasonably contemplated by the parties at the time of the contract. The use of the second facility does not reasonably arise from the breach itself, as it deviated from what the subcontractor was obligated to provide.
Court: USDC Nevada, Judge: Navarro , Filed On: March 21, 2024, Case #: 2:20cv790, NOS: Miller Act - Contract, Categories: Construction, Contract
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J. Navarro grants the rolling paper manufacturer's motions for default judgment and permanent injunction on its allegations a competitor misappropriated its packaging design and slogans. The competitor has not filed a response to the allegations, all factors have been considered and default judgment is appropriate. Furthermore, the manufacturer has suffered and will continue to suffer irreparable injury without a permanent injunction.
Court: USDC Nevada, Judge: Navarro , Filed On: March 15, 2024, Case #: 2:22cv1648, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Navarro grants the winery's motion to dismiss stockholders' claims the winery committed securities fraud, which caused the value of its stocks to decline. The new company, just months after going public, disclosed material internal accounting failures and then hired a CFO with public company experience along with more accounting staff. The stockholders make no particularized allegations the winery was intentionally fabricating accountings, knew it was violating accounting principles or was deliberately reckless in not investigating inventory.
Court: USDC Nevada, Judge: Navarro , Filed On: March 1, 2024, Case #: 2:22cv1915, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Accounting Malpractice, Business Practices
J. Navarro grants State Farm's motion for summary judgment on it action seeking clarification of its duties to defend and indemnify the law firm and lessor of an airplane hangar pursuant to an insurance policy issued for potential liabilities stemming from a state suit filed by the LLC formed by the law firm's principles against the firm. Firm employees, who were directed to move files and personal vehicles from the hangar, moved the plane owned by the LLC without authorization. The plane was damaged and State Farm rejected the LLC's demand for reimbursement. The firm, through its employees, had exclusive control of the plane when the damage occurred, and the contractual care, custody and control exclusion applies.
Court: USDC Nevada, Judge: Navarro , Filed On: February 29, 2024, Case #: 2:22cv1015, NOS: Insurance - Contract, Categories: Insurance, Premises Liability
J. Navarro grants the pet product manufacturer's motion to dismiss a competitor's declaratory judgment action asserting it did not infringe upon patents when the manufacturer submitted an Amazon Marketplace infringement claim. Amazon removed the accused products, though it has subsequently confirmed the products are again listed for sale. The covenant not to sue does not extend to any planned selling of new products but focuses only on the accused products. The complaint does not request a declaratory judgment as to anything other than the accused products, and there is no longer an actual controversy.
Court: USDC Nevada, Judge: Navarro , Filed On: February 27, 2024, Case #: 2:23cv483, NOS: Patent - Property Rights, Categories: Commerce, Patent
J. Navarro grants Fannie Mae's motion to dismiss and expunge the pending suit. The investment company alleges Fannie Mae illegally made a credit bid over the allowable amount at the property foreclosure auction. The court dismissed the investment company's wrongful foreclosure and quiet title claims and, therefore, is not likely to succeed on the merits. The remaining claim involving alleged deed of trust violations is a claim for money damages and does not affect the title or possession of real property.
Court: USDC Nevada, Judge: Navarro , Filed On: January 22, 2024, Case #: 2:22cv1942, NOS: All Other Real Property - Real Property, Categories: Property, Securities, Foreclosure
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Copyright, Tort, Technology
J. Navarro finds that while the trial court erroneously admitted the victim's identification of defendant at trial because it occurred only when she saw him in the courtroom at a pretrial hearing, the error was harmless. Overwhelming evidence puts defendant at the scene of the crime, including his DNA on a Coke can the victim claimed her assailant was drinking and surveillance photos of him at the bus stop where the crime took place. Meanwhile, the trial court properly denied defendant's motion to merge his charge for criminal possession of a financial device with the identity theft conviction because the possession charge includes at least one element not found in the identity theft charge and, therefore, cannot be considered a lesser-included offense. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 30, 2023, Case #: 2023COA112, Categories: Dna, Robbery, Identity Theft
J. Navarro dismisses this racial discrimination suit brought by the former Domino’s employee. After Domino’s motion to compel was granted due to the employee’s failure to respond, the court granted his motion to reconsider when he explained that the website used for filings (PACER) did not provide a response deadline. An included screenshot was shown to have been falsified. The employee has repeatedly submitted falsified evidence and offered misrepresentations when asked to explain.
Court: USDC Nevada, Judge: Navarro, Filed On: November 9, 2023, Case #: 2:22cv784, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Employment Discrimination
J. Navarro finds the trial court was not required to include a jury instruction regarding defendant's culpable mental state in relation to the charge of sexual abuse by a person in a position of trust. A knowing mental state is not required for the position of trust element of the crime. The term "knowingly" appears in an entirely separate clause from the "position of trust" language in the criminal statute, which is intended to protect the child victims, regardless of whether the perpetrator subjectively believes they are in a position of trust. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 2, 2023, Case #: 2023COA102, Categories: Sex Offender, Child Victims, Jury Instructions
J. Navarro grants the stock transfer agent’s motion to deposit funds after the stockholder filed suit alleging its and the tech company’s failure to register and transfer his shares of stock. The stockholder would have received $187,500 for shares but for the agent’s refusal to register and transfer the shares. The court awarded the stockholder damages accounting for the loss at which he sold his shares during the lawsuit as the agent distributed them. The award does not remedy the period in which the stockholder was deprived the use and value of the stock’s money, and the tech company is equally liable.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv2040, NOS: Stockholders’ Suits - Contract, Categories: Securities, Damages, Business Expectancy
J. Navarro grants the electronic multimeter manufacturer’s motion for a preliminary injunction during this patent infringement litigation. The functionality, input signal, and processes and types of measurement of the allegedly infringing product display similar characteristics satisfying requirements of a likelihood of success on the merits and the prospect of irreparable harm to the patent owner. The granting of the injunction would not adversely affect the public interest.
Court: USDC Nevada, Judge: Navarro, Filed On: October 25, 2023, Case #: 2:21cv332, NOS: Patent - Property Rights, Categories: Evidence, Patent, Technology
J. Navarro grants the developer’s motion for summary judgment in this contract dispute over income distribution regarding the company’s ceasing of provision of medical services to the Navajo Nation. The breach of contract claim is based on actions taken to prevent payment from reaching the company in the first place, which disrupted the operating agreement, and therefore were a breach of obligations. Being the payment never reached the company, the agreement was never in play and no contract was breached.
Court: USDC Nevada, Judge: Navarro, Filed On: September 30, 2023, Case #: 2:18cv1622, NOS: Other Contract - Contract, Categories: Business Expectancy, Contract
J. Navarro denies the insurance company’s motion for summary judgment in this suit arising from its failure to indemnify the successor in interest for the title company which served as the escrow agent for construction loans attached to a deed which the borrower never reconveyed due to the title company’s clerical error. The successor in interest has raised a dispute of material fact. Certain exhibits demonstrate that the insurance company had acted in bad faith by not engaging in settlement offers over a period of years.
Court: USDC Nevada, Judge: Navarro, Filed On: September 29, 2023, Case #: 2:18cv1823, NOS: Insurance - Contract, Categories: Evidence, Insurance, Banking / Lending
J. Navarro makes findings of fact and conclusions of law as to this federal tort claims act arising from a construction-zone accident between the driver of an RV and a semi-truck driver working for the FAA. The RV driver has not cast sufficient doubt on the truck driver's credibility or his version of events. The RV driver did not elicit sufficient testimony at trial supporting his and a corroborating witness's version of events, or that the truck driver failed to maintain his lane. And so, the RV driver has failed to meet his burden to show the United States breached a duty of care.
Court: USDC Nevada, Judge: Navarro , Filed On: September 26, 2023, Case #: 2:20cv1584, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence
J. Navarro grants the dating website's motion for default judgment on its trademark infringement claims brought against a competing website. Default judgment against the parent company is granted, as well as an injunction preventing it from using the marks, being that actual success on the merits has been shown. The dating website is entitled to a judgment of more than $1.75 million.
Court: USDC Nevada, Judge: Navarro , Filed On: September 15, 2023, Case #: 2:20cv51, NOS: Trademark - Property Rights, Categories: Trademark, Technology, Injunction
J. Navarro denies the trader's motion to dismiss this suit alleging that he perpetrated a scheme involving "spoof" orders for gold and silver futures contracts on the commodity exchange business in order to manipulate the market. The CFTC's allegations provide sufficient factual context to render a finding of scienter plausible. The complaint alleges many facts that, taken together and accepted as true, demonstrate the trader's intent or, at least, recklessness.
Court: USDC Nevada, Judge: Navarro , Filed On: September 5, 2023, Case #: 2:22cv1258, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Agency
J. Navarro grants Lowes’ motion for summary judgment in this personal injury suit brought by the disabled veteran onto whom several wooden panels fell as he moved them to inspect their condition. An employee who left the veteran to inspect the panels himself told him that he would return after helping another customer. The veteran’s injuries were not caused by the action of any Lowe’s employee, and he fails to establish that a genuine issue of material fact exists.
Court: USDC Nevada, Judge: Navarro, Filed On: August 15, 2023, Case #: 2:20cv773, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Navarro grants the insured party's motion to dismiss his suit alleging intentional infliction of emotional distress and breach of fiduciary duty arising from the insurance company's alleged mishandling of his claim for lost property contained in an apartment he was locked out of. The insured contends that the court, the insurance company, and its attorneys are “colluding” against him, and says that he will not follow the court’s orders or decisions, contending that they are “fake” and violate his constitutional rights. He seeks to dismiss his lawsuit because the court’s “condonation of defendant’s fraud...and the highjacking of [his] case has so tainted [it] as to rise to the level warranting a mistrial.” Based on this conduct and the insured's refusal to participate in discovery, the court is satisfied that dismissal with prejudice is warranted.
Court: USDC Nevada, Judge: Navarro , Filed On: June 27, 2023, Case #: 2:22cv1451, NOS: Insurance - Contract, Categories: Fraud, Insurance, Fiduciary Duty
J. Navarro finds that the trial court must revisit issues of material fact about whether a warranty of title applied to a car sold by a pawn broker that later turned out to be stolen. The sold "as is" language in the bill of sale did not exclude the warranty of sale required by statute. The pawn broker did not add specific language warning that the buyer was assuming all risks that the seller may not own the car it was selling, but ambiguity about how much the buyer knew about the title should have precluded summary judgment. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: June 22, 2023, Case #: 22CA0916, Categories: Insurance, Consumer Law, Warranty
J. Navarro denies the insurance provider’s motion for summary judgment in this suit arising from a $600,000 bond it issued for the construction of a barbeque restaurant after a substantial amount of the work had been completed without payment. The insurance provider provides no evidence supporting its claim that the restaurateurs knowingly retained subcontractors that placed bids exceeding their license limits, or that they colluded with subcontractors to submit invoices exceeding the amount spent.
Court: USDC Nevada, Judge: Navarro, Filed On: May 26, 2023, Case #: 2:20cv723, NOS: Other Contract - Contract, Categories: Construction, Insurance
J. Navarro grants the county’s motion for summary judgment in this suit brought by the mining company which questions the constitutionality of renewable energy project zoning. The mining company cannot show how a comparator, similarly situated in all aspects, was treated differently. It has also not established a constitutional right of which it was deprived. Zoning officials retain discretion in an application for rezoning. The mining company has no property interest in a zoning change, and the municipality’s policies did not motivate the alleged constitutional violation.
Court: USDC Nevada, Judge: Navarro, Filed On: May 26, 2023, Case #: 2:19cv850, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Municipal Law, Zoning
J. Navarro grants the shareholder’s motion to remand this shareholder derivative action removed from state court. The company changed its business model from that of “providing advanced software technology to solve modern energy challenges” to describing itself as “a leading bitcoin mining and diversified energy company.” Ensuing events caused the stock price to fall rapidly, making the basis for this suit. The stockholder’s claims are predicated on Nevada state law, only referencing federal violations as an alternative basis.
Court: USDC Nevada, Judge: Navarro, Filed On: May 23, 2023, Case #: 2:23cv445, NOS: Stockholders’ Suits - Contract, Categories: Securities, Business Practices, Business Expectancy
J. Navarro finds that the lower court properly granted the lender's claims seventh highest priority in a distribution of assets from the estate of an insurer undergoing liquidation. The lender's award of attorney fees, costs and interest were correctly assigned to priority level (g) for claims of a general creditor. Affirmed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 12, 2023, Case #: 211370, Categories: Bankruptcy, Insurance