Candace Rae Jackson-Akiwumi
How Judge Jackson-Akiwumi rules, drawn from 49 signed orders. Every observation links to the order it came from.
How Judge Jackson-Akiwumi decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Under the Lanham Act, she places the burden of proving costs and deductions on the infringer rather than requiring the trademark owner to separate revenue from profit.
“A trademark plaintiff need not disentangle revenue and profits.”
She distinguishes jurisdiction from the merits and will affirm the result while correcting the legal basis and the prejudice attached to dismissal.
“The district court was correct to dismiss the case, but Wilson’s lawsuit fails on the merits, not necessarily for want of jurisdiction. Therefore, we affirm the judgment but modify it to indicate that the dismissal is with prejudice.”
Procedural preferences
She treats Rule 60(b) relief as exceptional and will not disturb a judgment when the movant shows no extraordinary circumstance justifying reconsideration.
“Because Word Seed failed to show any extraordinary circumstances in this case, the district court did not abuse its discretion in denying their Rule 60(b) motion.”
She independently reviews objective video evidence and permits a suppression motion to be resolved without an evidentiary hearing when the recording eliminates a material factual dispute.
“Having reviewed the video ourselves, we agree with the district court that Norville did not stop at the intersection.”
On forfeited issues, she retains discretion at plain-error prong four and declines correction when further proceedings would not alter the ultimate result.
“Here, we need not address all of Muhammad’s arguments about plain error because, even if the first three prongs are met, on the facts of this case we will not exercise our ‘broad discretion’ under the fourth prong to correct any error.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the district court reasonably concluded that the video rendered an evidentiary hearing unnecessary, we affirm. ... The district court did not abuse its discretion by denying an evidentiary hearing. AFFIRMED”
“Because Word Seed failed to show any extraordinary circumstances in this case, the district court did not abuse its discretion in denying their Rule 60(b) motion. AFFIRMED”
“Diaz Mejia failed to meaningfully challenge the two dispositive issues in his case before the BIA or this court -- the findings of no past persecution and ability to relocate upon return to Mexico. As a result, we are compelled to DENY the petition for review.”
“The district court was correct to dismiss the case, but Wilson's lawsuit fails on the merits, not necessarily for want of jurisdiction. Therefore, we affirm the judgment but modify it to indicate that the dismissal is with prejudice. ... We AFFIRM the judgment as amended.”
“Because the district court erred in its interpretation of the relevant trademark infringement law and because Dyson met its burden, we reverse and remand. ... We reverse and remand for further proceedings consistent with this opinion.”
“For the reasons above, we AFFIRM the judgment of the district court and decline to order a limited remand. Because everyone involved agrees that Muhammad paid $433.32 towards his restitution, we are confident he has or will receive credit for that amount.”
“Accordingly, we remand for resentencing in light of the amended Guidelines. Because this resolves the appeal, we do not consider whether Easterling's sentence is substantively reasonable.”
“Segid's failure to properly present his arguments before us constitutes waiver. ... Because of Segid's waiver, we have no occasion to consider any potentially meritorious arguments about his eligibility for naturalization. AFFIRMED.”
“Helmstetter fails to demonstrate that he would be able 'to realize any economic benefit from a potential reversal,' he lacks standing. Therefore, we affirm the district court's judgment dismissing the bankruptcy appeal.”
“because Casas cannot show that she suffered any prejudice as a result of DHS's procedural errors, and because the IJ's reasonable-fear finding is supported by substantial evidence, we must deny her petition.”
“Either error warrants reversal. We VACATE and REMAND for resentencing.”
“the standard for remanding a district court's discretionary determination is not met where the court addresses the defendant's meritorious and principal arguments in mitigation. AFFIRMED.”
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