A law firm suing its former client for unpaid legal services sufficiently alleged diversity jurisdiction by alleging the LLC defendant’s members are natural persons domiciled in Tennessee. Identifying the names of the members was not necessary. Background Gentry Locke Rakes ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where interpretative testimony and expert opinion would likely be required to determine the validity of a final rule issued by the Council on Environmental Quality, or CEQ, and the standing and ripeness issues raised by the defendants could require evidence, ...

Tagged with: Administrative Judge James P. Jones U.S. District Court - Western District

Where the defendant testified that she believed she was the sole owner of a 401(k) account from which she withdrew assets, and the government did not show that another individual or entity had property rights in the 401(k) assets, the ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Although the prisoners’ rights organization that prevailed in a First Amendment suit against a jail authority and its superintendent was awarded reasonable attorneys’ fees and expenses, payments were limited to four attorneys rather than 10, and the hours of the ...

Tagged with: Constitutional Judge James P. Jones U.S. District Court - Western District

Although two experts who planned to testify on behalf of a family physician charged with prescribing controlled substances to patients without a legitimate purpose were excluded because their testimony was cumulative, four other physician experts, including the defendant himself, may ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where a compressor manufacturer warned its employees on July 31 that their employment was expected to end by Aug. 31, but four employees were able to work until Oct. 19, they were not entitled to damages under the Worker Adjustment ...

Tagged with: Employment Judge James P. Jones U.S. District Court - Western District

Where the Nebraska felony assault statute under which the defendant was previously convicted does not require an intent to cause serious bodily injury and does not require the use of physical force, that conviction was not a crime of violence ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Although a public defender won reduction of a defendant’s sentence for firearm possession, the result was a loss of good-time credit that extended his client’s projected release date. Neither  Fed. R. Civ. P. 59(e) or 60 provide a basis for ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

Tagged with: Judge James P. Jones Medical Malpractice U.S. District Court - Western District

In considering the sentence of a man who pleaded to conspiring to distribute and possess AB-FUBINACA, the court relied on two pharmacologists with the Drug Enforcement Administration to find the drug was more closely related to tetrahydrocannabinol, or THC, than ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District