140 results for 'judge:"Rodriguez"'.
J. Rodriguez denies an organization’s motion for an injunction and temporary restraining order after it sued the city of Kerrville, arguing local ordinances on “peddlers and solicitors” and “electioneering” violate the First Amendment. Despite expressing “generalized” concerns about the ordinances, the suing parties have not shown specific plans to engage in proscribed conduct and therefore lack standing for a restraining order.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 25, 2024, Case #: 5:24cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure
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J. Rodriguez partially grants a subcontractor’s motion to dismiss after it was sued by a company that had contracted it for IT work, which said that the subcontractor did not have “the specialized knowledge to develop the IT system” as it claimed and had other irregularities in its work, including double billing and improper installation. While the hiring company can proceed with its lawsuit, it cannot bring claims under the Computer Fraud Abuse Act, as even under the suing company's version of events, the subcontractor “had at least some authorization to access the IT system at issue.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 23, 2024, Case #: 5:23cv1038, NOS: Other Contract - Contract, Categories: Negligence, Contract, Technology
J. Rodriguez finds that the consulting company is liable for the judgments entered against the individual in an underlying contract suit. the defendant company was liable to pay after a contract judgment. The company was used to defeat the judgment. The company and individual have not identified any innocent stakeholders or creditors of the company that would be harmed by piercing the veil of the company.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:20cv2722, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Enforcement Of Judgments
J. Rodriguez partially excludes expert testimony in a case stemming from an incident in which the officer shot a man while he was standing in his window with a rifle in his hand upon investigating an assault that occurred earlier that day. The witness was a former police officer and use-of-force expert but can't opine on facts that were still disputed in the case, such as the credibility of the officer or of the man's girlfriend.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:21cv2715, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Police Misconduct
J. Rodriguez partially grants summary judgment to a couple who — after being sued by a insurance company for which they were indemnitors through performance bonds issued by the insurance company — brought suit against other parties whom they in turn said had a duty to indemnify them. While the husband has established that he had “a valid and enforceable indemnity agreement,” the couple has not shown that the wife was party to this agreement.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: March 11, 2024, Case #: 5:20cv1433, NOS: Other Contract - Contract, Categories: Insurance, Damages, Indemnification
J. Rodriguez dismisses contract claims in which a land developer contends a political subdivision unlawfully commingled capital facilities payments with funds collected for general administrative expenses because state statute does not prohibit the subdivision from depositing fees into a joint account.
Court: USDC Colorado, Judge: Rodriguez, Filed On: February 26, 2024, Case #: 1:23cv1351, NOS: Other Contract - Contract, Categories: Contract
J. Rodriguez grants a stay in a dispute over U.S. Patent No. 11,401,779, entitled “Hydraulic Fracturing Plan and Execution of Same,” and U.S. Patent No. 11,560,770, because inter partes review is necessary to resolve the dispute.
Court: USDC Colorado, Judge: Rodriguez, Filed On: February 14, 2024, Case #: 1:23cv1180, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Rodriguez denies one nonprofit’s efforts to disqualify another, related nonprofit’s counsel in a convoluted dispute over trademark claims between two groups that split off from each other and have since “found themselves ensnared in litigation repeatedly.” The suing nonprofit made a number of arguments for disqualification, including saying the lawyer possessed confidential information and was a necessary witness in the case, but the group does not “specifically identify any disclosed information,” and the group’s arguments that he is a witness are “dubious at best.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: February 14, 2024, Case #: 5:23cv1307, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Rodriguez finds that the lower court improperly conducted a consolidated trial of two indictments relating to separate criminal transactions without issuing appropriate limiting instructions to the jury. There is no evidence of any connection between the offenses, separated by nearly six months, and consolidation was thus improper. Further, there was a clear risk that the jury was unduly influenced by an impermissible propensity inference due to the consolidation. Reversed.
Court: New York Appellate Divisions, Judge: Rodriguez, Filed On: February 13, 2024, Case #: 00746, Categories: Criminal Procedure, Firearms, Murder
J. Rodriguez dismisses counterclaims contending a school district failed to provide tutoring, therapy, or other compensatory education for a disabled student because the counterclaims were filed outside the 90-day window, and the claims are duplicative of a previous action.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: February 7, 2024, Case #: 1:22cv6568, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Rodriguez denies several motions, including a motion for a new trial, brought by a healthcare provider after it was subject of a qui tam lawsuit involving fraudulent Medicare billing. While the healthcare company now disputes the methodology by which the number of false claims were counted, “it is simply too late” at this stage for the company to raise this issue, not least because it previously agreed on jury instructions.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: January 30, 2024, Case #: 5:17cv317, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims
J. Rodriguez finds that the trial court should have granted a real estate seller's motion to expunge a lis pendens on the property. The trial court had already expunged a previous lis pendens on the property after finding that the buyer's underlying claim was not a real property claim. When the buyer filed a new suit directly related to the real property, she was required but failed to obtain trial court permission before recording another lis pendens on the same property. Vacated.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 22, 2024, Case #: A168529, Categories: Arbitration, Real Estate
[Modified.] J. Rodriguez replaces two sentences that characterize petitioners' position with no change in judgment. The Public Utilities Commission properly adopted a net billing tariff to govern the rate that utilities pay to residential customers for excess electricity generated by renewable energy systems. The new tariff accounts for the variability in demand across a utility's system by billing customers for the difference between the value of the electricity they import and the value they export, instead of billing for the net amount of electricity they use. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 16, 2024, Case #: A167721, Categories: Energy
J. Rodriguez rules in part for automaker Subaru in claims contending the Impreza line boasts defective engine components that cause premature cataclysmic engine piston ringlands failure, as certain claims are duplicative of a similar action. However, claims filed by a New York buyer subclass may proceed because the allegedly fraudulent statements may have gone beyond typical arms' length business transactions, and the company's own owner's manual and warranty information created a reasonable belief that engine pistons constituted non-maintenance lifetime components, with a life expectancy of around 120,000 miles.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: January 11, 2024, Case #: 1:22cv990, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law
[Modified.] J. Rodriguez modifies two paragraphs and denies a rehearing with no change in judgment. The trial court erroneously found that ERISA preempted an insurer's subrogation claim against the manufacturer of an allegedly defective medical device. The claim is not preempted since the insurer seeks damages from the third party device manufacturer for its plan members' health care costs, not plan benefits or any relief related to plan participants. However, the trial court properly struck the insurer's claims for punitive damages since the plan's terms do not allow subrogation damages to exceed the recovery of benefits paid. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 10, 2024, Case #: A166579, Categories: Erisa, Preemption, Product Liability