12 results for 'judge:"Walter"'.
J. Walter grants a pre-trial request by a maximum security inmate at a North Louisiana prison, barring authorities from using an old marijuana conviction and dismissed criminal drug charges against him to attack his credibility. The disallowed charges did not result in felony convictions. Both sides agree that the parish attorneys may use his guilty plea to being a convicted felon in possession of a firearm as a defense against his disability discrimination claim. The inmate is suing the parish prison’s medical department for refusing to provide him with methadone and oxycodone for his sickle cell disease.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: May 3, 2024, Case #: 5:22cv6144, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Jury, Prisoners' Rights
J. Walter grants a request by a Texas fabricating and manufacturing company to dismiss on jurisdictional grounds claims arising from a contract product liability suit brought against a Louisiana design business by a fiberglass factory, also located in Texas. The Louisiana company alleges the fabricator is responsible for making parts of two 111-feet ventilation stacks for the fiberglass factory, one of which blew over from about 35-feet above ground level, damaging the plant below. The only performance of the contract in Louisiana was done by the design company located in Shreveport. The Texas-based fabrication plant did not purposefully avail itself of the privilege of conducting business within Louisiana or invoke the benefits and protections of Louisiana law. Therefore, the Louisiana court does not have jurisdiction over the Texas stack-builder.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: March 4, 2024, Case #: 5:22cv5837, NOS: Contract Product Liability - Contract, Categories: Product Liability, Jurisdiction, Contract
J. Cain denies a request by a Texas-based law firm to reject a lower court’s recommendations that it be barred from intervening in a former client’s suit to recover fees and out-of-pocket expenses prior to its lawyers’ suspension from the practice in Louisiana for using modern-day runners to get clients, a state-law felony. The firm unsuccessfully argued the magistrate judge exceeded her authority and failed to apply the correct legal standards in her report. However, the ruling agrees with the magistrate judge’s conclusions the firm’s assertions fail to support its request for intervention and that the firm has acted with so little regard for the rules of ethics and professional conduct that it deprived itself of the ability to provide any meaningful service to clients with legitimate claims.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: February 14, 2024, Case #: 1:22cv4071, NOS: Insurance - Contract, Categories: Civil Procedure, Attorney Fees, Attorney Discipline
J. Walter affirms the bankruptcy court’s decision on a lender's motion for judgment on the pleadings regarding a property that the debtor alleges his stepfather transferred to him. The stepfather's loan was secured by a second deed of trust against the property. After a decade-long default on the loan, a trustee's sale was held. The bankruptcy court did not err when it concluded that the debtor's wrongful foreclosure claim was barred by the doctrine of res judicata.
Court: USDC Central District of California, Judge: Walter, Filed On: February 13, 2024, Case #: 8:23cv19, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
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J. Walter finds that an NFT creator is entitled to recover $1.3 million of a visual artist's profits after the artist was found to have created NFTs using pointers to the original NFTs, allegedly to highlight the original NFT creator's "use of racist, neo-Nazi, and alt-right messages and imagery." After trademark infringement was established, disgorgement of the artist's profits was warranted. The NFT creator is also entitled to $200,000 in statutory damages for the artist's cybersquatting violations. The NFT creator is granted a permanent injunction against the visual artist. The NFT creator is entitled to recover reasonable attorney fees and costs as well.
Court: USDC Central District of California, Judge: Walter, Filed On: October 25, 2023, Case #: 2:22cv4355, NOS: Trademark - Property Rights, Categories: Trademark
J. Walter dismisses the investors' complaint alleging that the real estate investment company authorized false and misleading statements about its real estate assets. The investors claim that the real estate investment company made misleading statements about IRR and distribution projections because it did not disclose the SEC letter, but the SEC letter was available to the public on Jul. 31, 2018, on the SEC's Edgar database before the named investor made his initial funds investment on Sep. 23, 2019.
Court: USDC Central District of California, Judge: Walter, Filed On: October 4, 2023, Case #: 2:20cv8499, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Walter affirms the bankruptcy court's order denying a debtor and insurer's motion for preliminary injunction and affirms the bankruptcy court's dismissal of the debtor and insurer's appeal. The debtor filed a voluntary chapter 7 petition during a personal injury suit after she hit a highway patrol officer during a traffic stop, causing extensive injuries. The insurer funded the debtor's defense, refused to settle for policy limits, and settled with the debtor to prevent her from pursuing bad faith claims for failure to settle. A jury returned a verdict in favor of the officer in the personal injury trial. The personal injury appeals are property of the estate. The bankruptcy court did not err in dismissing the debtor's appeal, which was largely based on arguments made in prior appeals that had been rejected, multiple times.
Court: USDC Central District of California, Judge: Walter, Filed On: September 6, 2023, Case #: 2:23cv4286, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Walter finds in favor of the U.S. Forest Service against the wildlife protection organization's National Environmental Policy Act claims alleging that the former's Reyes Peak Forest Health and Fuels Reduction Project, which is intended to improve timber stand health and decrease wildfires in the area, does not fall within the scope of NEPA's CE-6 provision, which categorically excludes “[t]imber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road construction.” Additional scoping is not required for CE-6, because Forest Service regulations only require the scoping of the project, not whether a specific categorical exclusion applies.
Court: USDC Central District of California, Judge: Walter, Filed On: July 19, 2023, Case #: 2:22cv2781, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Walter finds in favor of Experian Information Solutions for the consumer's defamation complaint alleging that the credit reporting company entered false information and records about the consumer that caused him $5.2 million in damages. The consumer does not offer sufficient evidence to support his argument that "Experian and their counsel are idiots," or provide any other evidence to support a finding of willfulness or malice.
Court: USDC Central District of California, Judge: Walter, Filed On: June 8, 2023, Case #: 2:22cv4268, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Defamation
J. Walter grants Raising Cane’s motion to compel arbitration of the employees’ class action claims that the restaurant company did not pay their full wages, did not compensate their meal breaks and rest periods, and did not reimburse their necessary business expenses. The employees had access to the arbitration agreement that contains a class action waiver, and Raising Cane’s did not waive its right to arbitration when it waited until mediation completed to compel arbitration.
Court: USDC Central District of California, Judge: Walter, Filed On: May 26, 2023, Case #: 2:22cv8296, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action