Denny Chin
How Judge Chin rules, drawn from 40 signed orders. Every observation links to the order it came from.
How Judge Chin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Video evidence defeats arguable probable cause only when it is plainly exculpatory, meaning that it establishes the suspect could not have committed the offense as a matter of law. Footage that supports some parts of a complainant's account does not meet that standard merely because it omits others.
“Evidence is plainly exculpatory where it shows that a person cannot be guilty of the relevant crime as a matter of law.”
For a civil sex-trafficking claim, an established pattern of using force, fraud, or coercion can support the required knowledge that prohibited means would be used to cause a commercial sex act.
“Where, as here, a defendant has a modus operandi -- i.e., an established pattern of behavior involving some means of force, fraud, or coercion -- the mens rea element is met.”
Procedural preferences
An order granting or denying preliminary relief must provide findings and conclusions sufficient to show how the court applied the injunction factors; a conclusory order does not satisfy Rule 52.
“Orders containing only conclusory statements about the preliminary injunction factors are insufficient to satisfy Rule 52(a).”
Cautions
Under Texas law, the duty to defend is assessed from the factual allegations in the underlying complaints and the insurance policy language, without importing facts outside those materials.
“Under Texas law, we determine the Insurers' duty to defend by considering only the allegations of the Underlying Suits and the provisions of the Policies.”
A copyright limitations defense based on constructive discovery needs concrete facts showing when reasonable diligence would have uncovered the infringement. The plaintiff's sophistication and elapsed time alone are insufficient.
“In establishing a statute of limitations defense, a defendant cannot rely simply on the copyright holder's sophistication or the passage of time since the alleged infringement.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We conclude that the district court's evidentiary ruling was erroneous, but find that the error was harmless. Accordingly, we affirm.”
“In both cases, the district court (Louis L. Stanton, J., in BMI and Denise Cote, J., in ASCAP) adopted DMX's proposals. BMI and ASCAP appeal. We affirm. ... AFFIRMED.”
“Congress did not intend for § 111's compulsory license to extend to Internet retransmissions. ... For the reasons that follow, we affirm. AFFIRMED.”
“The district court rejected defendants-appellants' arguments that the action was untimely and that FHFA lacked standing to bring this suit. AFFIRMED.”
“We hold that it is, and, accordingly, we dismiss the petition for review. ... DISMISSED.”
“We agree with the District Court that the regulations are content-neutral restrictions that operate within constitutional limits. ... We affirm.”
“Because we conclude that Continental engages in stevedoring activities at the warehouse and that the warehouse is an 'other waterfront terminal' within the meaning of the Waterfront Commission Act, we hold that its operations fall within the jurisdiction of the Commission.”
“Aldeen now challenges his above-Guidelines sentence on both procedural and substantive grounds. For the reasons set forth below, we remand for further proceedings consistent with this opinion.”
“The district court held that the policies did not cover the losses because they were not the result of an 'advertising injury.' We agree, and we therefore affirm.”
“The IJ and the BIA determined that Gil was not a 'child' eligible for derivative citizenship because he was not 'legitimated' within the meaning of the Immigration and Nationality Act ... We agree and, accordingly, we dismiss the petition for review.”
“The district court granted the motion and entered judgment accordingly. For the reasons set forth below, we affirm.”
“The district court thus held that the retention occurred before the Convention entered into force between the two countries. ... Marks appeals. We affirm.”
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