Where there was a disparity of over 200 months between the defendant’s 384-month sentence for conduct associated with armed robberies and a similarly situated inmate whose sentences were not stacked, and the defendant has taken several rehabilitative steps since incarceration, ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Although a customer who shot and killed an employee of an optometrist located at a Walmart store in Yorktown purchased the weapon at Walmart, the private nuisance and negligence claims against Walmart were dismissed. The employee maintained no property right ...

Tagged with: Judge Raymond A. Jackson Negligence U.S. District Court - Eastern District

Where the summons and complaint was received at the defendant’s house on Aug. 29, that date started the 30-day clock for removing the case to federal court. Although the defendant argued he was not home on Aug. 29, did not ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an “all risk” policy included accidental or fortuitous “direct physical loss[es],” and it is plausible that a fortuitous “direct physical loss” could mean the property is uninhabitable, inaccessible or dangerous because of intangible or nonstructural sources, a spa that ...

Tagged with: Insurance Judge Raymond A. Jackson U.S. District Court - Eastern District

Where emails, conversations and deposition testimony, as well as the plaintiffs’ expert, suggested collusion among the defendants in the peanut selling industry resulted in approximately 12,000 farmers being underpaid, a class was certified. Background Plaintiffs are a group of peanut ...

Tagged with: Commercial Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an employee was terminated for refusing to tell his employer the results of a COVID-19 test after he had been exposed to his mother who tested positive, his lawsuit against based on the Health Insurance Portability and Accountability Act ...

Tagged with: Employment Judge Raymond A. Jackson U.S. District Court - Eastern District

Although it was error to accept the defendant’s guilty plea to being a felon in possession of a firearm and ammunition without first establishing he knew of his prohibited status, the error was harmless because there was overwhelming evidence that ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

The state cause of action for reverse passing off is preempted by copyright infringement claims under the Copyright Act. The state conspiracy claim is preempted by the Copyright Act because it was not qualitatively different from the underlying copyright and patent ...

Tagged with: Judge Raymond A. Jackson Tort U.S. District Court - Eastern District

Although the expert opinions of psychiatrists and psychologists are that a defendant charged with kidnapping resulting in death can no longer be restored to competency in order to stand trial, the indictment will remain pending in the event he may ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where two cases involving a total of eight defendants had been joined because of similarities in the indictments, the interrelationships of the defendants and duplication of various allegations, the challenges of social distancing and limited staff due to COVID-19 prompted ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District