6 results for 'judge:"Wiener"'.
J. Wiener finds the district court properly dismissed the government's indictment against a foreign national for conspiracy to violate the Foreign Corrupt Practices Act and money laundering. Though the district court properly dismissed for speedy trial violations, Covid-19 delays resulted in several trial schedule changes and the district court erroneously calculated the non-excludable days; therefore, dismissal with prejudice was improper. Reversed in part.
Court: 5th Circuit, Judge: Wiener , Filed On: November 28, 2023, Case #: 23-20276, Categories: Conspiracy, Money Laundering, International Law
J. Wiener finds the district court properly denied Louisiana’s motion to dissolve a 30-year-old consent decree pertaining to the method of selecting justices for the state’s supreme court and arising upon claims of Black voter dilution. Louisiana has failed to meet its evidentiary burden, which requires showing that the decree’s remedial promise will continue to exist if dissolved. No evidence has demonstrated “there is relatively little or no likelihood that the original ... violation will ... be repeated when the decree is lifted.” Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 25, 2023, Case #: 22-30320, Categories: Elections, Evidence, Government
J. Wiener finds the district court properly dismissed this RICO suit brought by the female assistant athletic director against Louisiana State University’s board of supervisors and athletics department, as well as the school’s lawyers, alleging that they engaged in efforts to conceal an investigative report involving alleged sexual harassment committed by the head football coach. The athletic director had failed to meet her burden of establishing that her professional injuries were proximately caused by the alleged illegal conduct. The suit would more appropriately have been brought as a retaliation suit for reporting of sexual misconduct rather an act of racketeering or conspiracy. Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 12, 2023, Case #: 22-30670, Categories: Education, Employment Retaliation, Racketeering
J. Wiener finds the district court improperly reapplied a firearm enhancement to defendant’s sentence for his guilty plea conviction for conspiring to possess with intent to distribute meth. Upon arrest, defendant was found sitting near a firearm, supporting constructing possession. Defendant offered rebuttal evidence at trial to the government’s argument that a temporal and spatial relation existed between the weapon, the drug trafficking activity and the defendant. This evidence was not properly considered at resentencing. Vacated and remanded.
Court: 5th Circuit, Judge: Wiener, Filed On: September 8, 2023, Case #: 22-10452, Categories: Drug Offender, Firearms, Sentencing
J. Wiener finds the district court improperly denied the investigative journalist’s motion to intervene to challenge the sealing of records in the closed False Claims Act matter which alleged that the health provider routinely billed for nonexistent examinations and critical care services. Intervention is permitted by nonparties who seek only to challenge record-related restrictions, and so the journalist has standing. The matter is remanded for reconsideration of timeliness and other unexplored reasons for denial, with the Fifth Circuit still emphasizing the district court’s ultimate discretion. Reversed and remanded.
Court: 5th Circuit, Judge: Wiener, Filed On: August 31, 2023, Case #: 22-40707, Categories: Fraud, Health Care, Public Record
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J. Wiener finds the district court properly granted the insurance companies’ motion to dismiss Weyerhaeuser’s suit seeking defense and indemnification from personal injury suits arising from formaldehyde exposure from a fire-retardant coating used according to its agreement with the coating manufacturer. The agreement only provides defense and indemnity for claims arising out of the coating manufacturer’s own fault and does not evidence a clear intent to benefit third parties. The benefit is intended for the “Named Insured” — the manufacturer — when it owes damages under an insured contract. Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: July 14, 2023, Case #: 22-30164, Categories: Insurance, Tort, Negligence