29 results for 'judge:"Riggs"'.
J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Contract
J. Riggs finds that the court of appeals properly overturned the decision declining to hear oral testimony at a summary judgment hearing in this breach of lease complaint because the court's misinterpretation of statute led it believe it was not permitted to allow testimony. Reversed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: December 15, 2023, Case #: 351A22, Categories: Judiciary, Contract
J. Riggs grants, in part, the gun owner's motion for a preliminary injunction, ruling the governor cannot enforce a public health order that prohibits the carrying of firearms in public parks. No historical tradition supports such a ban, while the only cases or laws cited by the government are either too far in the past to be relevant or stem from western territorial laws inapplicable to the Second Amendment. However, because playgrounds are analogous to schools and can be considered sensitive places, that portion of the order is supported by a longstanding history of enforcement and will remain in effect.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 5, 2023, Case #: 1:23cv781, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms, Injunction
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J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: Property, Tort, Damages
J. Riggs grants the employer's motion for summary judgment, ruling the female employee's allegations regarding unequal treatment between male and female employees regarding tardiness is unsupported by evidence and is insufficient to support her discrimination or hostile work environment claims. Additionally, the transfer of the female employee does not qualify as an adverse employment action because it was completed at her request.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 17, 2023, Case #: 2:22cv373, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Riggs finds that no occupying country or government, including Mexico, Spain, or the U.S., ever extinguished the aboriginal water rights of the Pueblo Indians because none of the countries took actions to intervene or reduce the tribe's use of the Jemez Valley River Basin.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 28, 2023, Case #: 6:83cv1041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Environment, Native Americans, Water
J. Riggs finds that the trial court should have suppressed a firearm discovered in defendant's backpack because defendant did not give the officer permission to search the backpack, and the officer lacked a reasonable suspicion to do so without a warrant. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: September 12, 2023, Case #: COA22-996, Categories: Firearms, Search
J. Riggs grants, in part, the lenders' motion to dismiss, ruling their failure to conduct any transactions or make contact with the loan applicants about financing several real estate purchases deprives this court of jurisdiction to hear contract claims. Meanwhile, the applicants' failure to explain in their complaint how any of the conduct by the prospective lenders constitutes wire fraud under RICO requires dismissal of that claim.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 8, 2023, Case #: 1:23cv493, NOS: Other Contract - Contract, Categories: Real Estate, Jurisdiction, Contract
J. Riggs grants summary judgment to a logistics company in a wrongful death lawsuit stemming from a “tragic” and deadly car accident because representatives of a man cannot show that the logistics company, which had contracted a third-party carrier that was directly involved in the accident, could or should have known that the carrier or its employees were unfit.
Court: USDC New Mexico, Judge: Riggs, Filed On: August 9, 2023, Case #: 1:21cv73, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Vehicle, Damages, Wrongful Death
J. Riggs dismisses a wrongful death and personal injury suit brought by the spouse of an officer who was killed while attempting to pull over a suspect who was being monitored by Homeland Security Investigations, which had considered arresting him prior to the fatal shooting. While the spouse argues that the suspect was a known danger because of his violent history and his desperation "not to be arrested," these facts nonetheless do not overcome the federal government's sovereign immunity.
Court: USDC New Mexico, Judge: Riggs, Filed On: July 24, 2023, Case #: 2:22cv430, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immunity, Wrongful Death
J. Riggs finds that the trial court improperly dismissed class action claims in which taxpayers seek a refund for monies owed due to the miscalculation of impact fees because genuine issues remain in dispute regarding the amount of damages owed to the class. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: July 5, 2023, Case #: COA22-691, Categories: Tax, Class Action
J. Riggs finds that the trial court improperly adjudicated a minor child negligent and dependent since the single incident presented to the court was insufficient to establish a pattern of neglect or dependency. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: July 5, 2023, Case #: COA22-683, Categories: Family Law
J. Riggs issues partially redacted findings of fact in a wrongful death suit against a tire company alleging that manufacturing and design defects on a tire led to a deadly car accident. There was “no defect” in the subject tire, the tire company was “not negligent,” and claims centered on alleged negligence or product defects therefore fail.
Court: USDC New Mexico, Judge: Riggs, Filed On: June 1, 2023, Case #: 1:17cv922, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Wrongful Death
J. Riggs grants summary judgment to a company but denies it to a union after the union sought “confirmation and enforcement of an arbitration
award” in a dispute in which the union argued the company was not honoring its contractual obligations to employees during the Covid-19 pandemic. The company has successfully shown that the arbitration award was “ambiguous” on some core issues, including the issue of back pay, and therefore the arbitrator “retains jurisdiction” over this case.
Court: USDC New Mexico, Judge: Riggs, Filed On: May 23, 2023, Case #: 1:22cv520, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Civil Procedure, Labor / Unions