Although a court had already concluded the former Assistant United States Attorney intentionally withheld exculpatory evidence in the plaintiff’s prior criminal trial, the court held his civil rights’ claims against the AUSA either failed to state a claim or must ...

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

An indigent 26-year old man on the autism spectrum will not be required to pay costs to the government after it prevailed in a suit. In addition, a prior award of fees to the man due to his prevailing in ...

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

Where a black employee who sued his employer for discrimination and retaliation sought to amend his suit to include new equal pay claims asserted on behalf of a putative class, the amendment is denied, as the new claims would prejudice ...

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

The defendant’s motion to suppress wiretap evidence was untimely, and he had not demonstrated “good cause” for its consideration. Moreover, the defendant did not establish the court should suppress recordings of telephone conversations obtained by a wiretap between him and ...

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

The bank’s lien survived the foreclosure sale and remained superior to a tax lien filed by the Internal Revenue Service. Because the IRS did not receive proper notice, the tax liens were not discharged by the nonjudicial foreclosure sale, and ...

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

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

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

Although the Sentencing Guidelines provide a federal sentence should run concurrently with a state sentence when the state imprisonment is anticipated to result from an offense that is relevant conduct to the federal conviction, the guidelines are advisory. Here the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James P. Jones

The district court correctly granted the motion for judgment on the pleadings filed by Montgomery County, Maryland, and the planning commission because the commercial developer had no constitutional property interest to develop its land. Background Pulte is a residential real ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge James P. Jones

The court granted summary judgment to an insurer, finding a family’s insurance policy excluded coverage for loss from mold, so even if mold was caused by water infiltration, the mold exclusion applied and coverage was barred. Background Defendant NGM Insurance ...

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

In granting summary judgment to the defendants, the court found that a former inmate’s claims against correction facility officials that he was denied medical treatment and subject to abuse and lack of due process while incarcerated were time-barred and that ...

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