Where a defendant had signed a stipulation of removal waiving his rights to a hearing, attorney and appeal that was ambiguous as to whether the waiver was voluntary, knowing and intelligent, and the immigration judge failed to make an explicit ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

An officer’s reasonable suspicion to stop the defendant’s vehicle was supported by multiple facts, including information from reliable sources that the driver possessed a weapon on school grounds, his attempt to drive away when the officer arrived and the officer’s ...

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

A dispute between two companies over the use of the name “Cabinet Savers” will proceed to discovery after the court rejected the plaintiff’s early motion to win the suit. The plaintiff had argued that its claim was essentially undisputed, but ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

A deputy sheriff who worked as a resource officer in a middle school is facing a civil suit alleging he illegally seized the minor’s cell phone without probable cause and then used excessive force against the 14-year old boy by ...

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

A black employee who was repeatedly called racial epithets, both directly and in conversations where he was mentioned, and was terminated only two months after complaining to his supervisor could proceed to trial on his claims of race discrimination, retaliation ...

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

The plaintiff in an employment discrimination case could not compel two former managers of the company to testify about their conversations with the company’s counsel in preparation for their deposition because the company’s attorney-client privilege shielded those conversations from discovery. ...

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

An authorized dealer of defendants’ products who lost customers after defendants’ changes to the chemical composition of their product resulted in inferior product quality did not have any valid claims against the defendants because the dealer could not demonstrate that ...

Tagged with: Contract Judge Jackson L. Kiser U.S. District Court - Western District

Where the discovery in plaintiff’s lawsuit was voluminous, disorganized and contentious, and a significant amount of discovery could still be outstanding, there was good cause to delay the start of trial and allow plaintiff to amend its complaint to add ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

Attorneys who failed to demonstrate their experience in similar class actions, violated federal and local rules and were deficient in their performance in other cases lack the experience, diligence and discipline necessary to competently represent the proposed class. Background This ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Although there is already a dispute between the same parties and involving the same issue pending before the Trademark Trial and Appeal Board (TTAB), that proceeding has been stayed. Because this case is likely to proceed at a faster pace, ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District