15 results for 'judge:"Perez"'.
J. Perez finds that the district court improperly dismissed claims seeking to recover losses from the purchase of residential mortgage-backed securities related to 56 trusts administered by two U.S. banks. The investor was contractually barred from bringing claims against trusts with "no action clauses" without complying with pre-suit obligations, but this requirement must be weighed when parties with likely conflicts of interest are involved. On remand, a closer look must be made into whether pre-suit demands would be futile.
Court: 2nd Circuit, Judge: Perez, Filed On: April 30, 2024, Case #: 22-854, Categories: Civil Procedure, Securities, Contract
J. Perez-Montes grants a request by a former district attorney to stay discovery in the malicious prosecution and false imprisonment suit by a criminal defendant who spent 44 years in prison for two rapes committed in 1977. His conviction was overturned and the current prosecutor declined to re-try him. The former district attorney has shown good cause to stay discovery of the sole remaining charge against him – fabrication of evidence – pending other requests regarding immunity. The defendant-turned-litigant will not be disadvantaged by the stay of his suit.
Court: USDC Western District of Louisiana , Judge: Perez-Montes, Filed On: April 18, 2024, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Discovery
J. Perez grants a bank’s motion to dismiss a Black pro se litigant’s case alleging that the bank engaged in racial discrimination, profiling, and defamation. The litigant failed to present evidence to support any of his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: March 29, 2024, Case #: 2:22cv5084, NOS: Other Contract - Contract, Categories: Civil Rights, Defamation, Banking / Lending
J. Perez finds that the U.S. Maritime Administration properly held that a foreign company's expansion of its European river cruises to the U.S. market on the Mississippi did not violate federal maritime law. Although foreign firms are generally barred from transporting passengers and goods between U.S. ports, the company arranged for U.S. construction and operation of the cruise ship, providing only the entertainment, and approval of the arrangement as a permissible time charter was "reasonable." Affirmed.
Court: 2nd Circuit, Judge: Perez, Filed On: March 15, 2024, Case #: 22-1029, Categories: Maritime, Unfair Competition
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J. Perez finds that the district court properly denied judicial assistance to aid U.S. discovery for a lawsuit brought in the United Kingdom against Morgan Stanley and its executive chairman because the court properly weighed precedential factors to determine that documentary and testimonial evidence would be duplicative to evidence provided by Morgan Stanley's subsidiary in England. Affirmed.
Court: 2nd Circuit, Judge: Perez, Filed On: March 4, 2024, Case #: 23-7635, Categories: International Law, Discovery
J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: Probation, Sentencing, Plea
J. Perez finds that the district court improperly denied a preliminary injunction to block arbitration as sought by a former chairman and CEO of a technology-investment holding company. He contends a release agreement proffered for his stock breached a prior stock purchase agreement by outside investors, but the company had a good chance of succeeding on its argument that the release superseded the purchase agreement and that irreparable harm would occur if arbitration was forced on the claim. On remand, the scope of the release agreement should be evaluated to determine which claims are arbitrable in order to rule on the preliminary injunction.
Court: 2nd Circuit, Judge: Perez, Filed On: January 22, 2024, Case #: 23-286, Categories: Arbitration, Injunction
J. Perez Friscia finds that the trial court properly ruled for the township in claims contending the police department failed to release body camera footage of an officer related to sexual misconduct allegations. The recording is exempt from open record law because the individual involved in the altercation with the officer had not been arrested. Affirmed.
Court: New Jersey Appellate Division, Judge: Perez Friscia , Filed On: December 27, 2023, Case #: A-1673-22, Categories: Public Record
J. Perez Friscia finds the lower court properly vacated the final judgment entered against a corporation in tax sale foreclosure claims because evidence does not indicate the court abused its discretion, and the New Jersey constitution explicitly prohibits private corporations from taking private property in such cases. Affirmed.
Court: New Jersey Appellate Division, Judge: Perez Friscia , Filed On: December 4, 2023, Case #: A-3315-21, Categories: Property, Tax
J. Perez denies the federal government’s motion to dismiss, for lack of jurisdiction, a traveler’s personal injury suit stemming from her slipping and falling while passing through a TSA security checkpoint at the Philadelphia International Airport. The court has jurisdiction over the traveler’s claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: August 30, 2023, Case #: 2:22cv1610, NOS: Tort Product Liability - Real Property, Categories: Evidence, Tort, Jurisdiction
J. Perez finds that the food and drug administration properly denied a premarket application filed by a company that distributes e-cigarette products, including flavored aerosolized liquid "pods" favored by young people. The agency did not exceed its authority by requiring evidence that new flavored products would be more effective than standard tobacco pods at promoting public health goals of smoking cessation or switching from combustible cigarettes. Affirmed.
Court: 2nd Circuit, Judge: Perez, Filed On: June 16, 2023, Case #: 21-2426, Categories: Consumer Law, Agency