9 results for 'judge:"Wollman"'.
J. Wollman finds a lower court properly ordered a child to be returned to Honduras. The child's father argued that he was entitled to move the child to the U.S. to protect her from her abusive mother. However, the mother presented sufficient evidence in court that he was obligated to return her daughter under the Hague Convention on the Civil Aspects of International Child Abduction. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: March 25, 2024, Case #: 22-3048, Categories: Civil Rights, Family Law
J. Wollman finds a lower court properly sentenced a defendant to life imprisonment for sex trafficking minor children, alongside his co- conspirator girlfriend, who id serving 180 months in prison. The defendant argued that his sentence is unreasonable. However, the government sufficiently showed in court that he took on the role of manager of a sex traffic ring, posted advertisements online, and transported his victims to hotels to to be sexually abused. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: February 29, 2024, Case #: 22-3462, Categories: Sentencing, Prostitution, Child Victims
J. Wollman finds a lower court properly denied a defendant's motion for a Franks hearing. The defendant, who pleaded guilty to one count of conspiracy to distribute meth and one count of possession of a firearm, argued that she is entitled to relief based on a unlawful search of her home, and that a Deputy used a confidential informant who may have been a drug user with a criminal history. However, the government presented sufficient evidence in court that the Deputy was not aware that the informant had previously taken her checkbook and credit cards to make purchases without permission. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: January 29, 2024, Case #: 23-1338, Categories: Drug Offender, Search, Conspiracy
J. Wollman finds a lower court properly convicted two defendants for conspiracy to interfere with commerce by robbery. The defendants, who were sentenced to 240 and 120 months in prison, argued that evidence presented in court was insufficient. However, the government sufficiently showed in court that police officers located ski masks and a pair of black gloves in the front seat of a vehicle that they fled from on foot, and then obtained a warrant to search a third party's rental home, where they located currency and firearms. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: December 27, 2023, Case #: 22-2653, Categories: Evidence, Robbery, Sentencing
[Consolidated]. J. Wollman finds a lower court properly convicted two defendants for conspiracy to distribute 400 grams of drug mixtures including fentanyl. The first defendant argued that the lower court abused discretion when it forced him to appear handcuffed and shackled in court. Defendant number two argued that his conviction was based on lack of evidence to support his drug offense. However, the government presented sufficient evidence in court that the first defendant was restrained for threatening prosecutors and staff during trial, and that the second defendant possessed a firearm and drugs, which was backed up by overwhelming evidence. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: October 6, 2023, Case #: 22-2869, Categories: Drug Offender, Evidence, Conspiracy
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J. Wollman finds a lower court properly dismissed negligent design claims against a urinary catheters manufacturer brought by a implant patient. The implant patient argued that the manufacture is liable for injuries she suffered following a mesh device implantation procedure. However, the implant manufacturer sufficiently showed in court that the patient failed to disclose her expert witness in a timely manner. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: August 10, 2023, Case #: 22-2731, Categories: Health Care, Negligence, Discovery
J. Wollman finds a lower court properly dismissed a healthcare network group's lease agreement claims against a financial solutions company. The healthcare network argued that they are entitled to be released from the financial solutions company financing agreement based on ownership of the equipment. However, the financial solutions company presented sufficient evidence in court that the agreement binds the healthcare network's obligation to turn over equipment, as part of a true lease and not an actual purchase. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: July 28, 2023, Case #: 21-3416, Categories: Health Care, Contract
J. Wollman finds a lower court properly dismissed Kendall Hunt Publishing company's copyright infringement claims against Learning Tree Publishing Corp. Kendall Hunt argued that Learning Tree engaged in copyright infringement, tortious interference with contract, and unfair competition when it published and sold an ethics course book in California. However, the court lacks personal jurisdiction based on the lack of minimum contacts Learning Tree has with Iowa. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: July 24, 2023, Case #: 22-1885, Categories: Copyright, Jurisdiction
J. Wollman finds a lower court improperly imposed restitution against a business owner who was found guilty of wire fraud, theft of government funds, and two counts of social security fraud. The government argued that it properly calculated the amount of restitution he owed after he failed to report that he was the owner of a somewhat profitable heating and cooling company, and that he fraudulently collected $168,456 in social security benefits. However, he presented sufficient evidence in court that the government failed to present the accurate date when he became ineligible for benefits. Reversed.
Court: 8th Circuit, Judge: Wollman, Filed On: June 22, 2023, Case #: 21-3839, Categories: Fraud, Social Security