Quantcast

Tag Archives: Judge Diana Gribbon Motz

Jury’s $50K FMLA retaliation verdict overturned (access required)

Although the jury found for the plaintiff on her claim under the Family and Medical Leave Act, and awarded her $50,000, the evidence was not enough to permit a reasonable jury to conclude the company’s proffered rationale for firing her ...

Read More »

Opening mail outside prisoner’s presence supports First Amendment claim (access required)

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

Read More »

Suit dismissed due to inability to join indispensable party (access required)

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

Read More »

Prior convictions warranted sentence enhancements (access required)

Where the defendant’s prior conviction for robbery under Maryland law qualified as a predicate violent felony and his prior Maryland conviction for possession of a controlled substance with intent to distribute constituted a “controlled substance offense” under the Sentencing Guidelines, ...

Read More »

Warrantless search of electronic devices was improper (access required)

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

Read More »

Sentence affirmed despite wrongful application of enhancement (access required)

Where the district court wrongly concluded that the defendant’s prior conviction for conspiracy qualified as a controlled substance offense under the Sentencing Guidelines, the defendant was not entitled to resentencing because the defendant failed to raise his objection before the ...

Read More »

Prisoner could appeal dismissal of his civil rights complaints (access required)

Where a prisoner’s three separate civil rights actions against corrections employees were dismissed on the same day, the prisoner could appeal the dismissals in forma pauperis because a dismissal does not count as a “prior occasion” under the Prison Litigation ...

Read More »

Denial of asylum to domestic abuse victim was arbitrary and capricious (access required)

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

Read More »