Kim McLane Wardlaw
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because this new test involves determination of facts that have not been fully developed, we reverse and remand for further proceedings in light of the Supreme Court's Central Green decision. REVERSED and REMANDED.”
“Because the record below is unclear on whether the district court acted under its own discretion or under an erroneous understanding of the law, we must remand for resentencing. REVERSED and REMANDED.”
“We treat Martinez-Rosas' appeal as a petition for review pursuant to section 106(a) of the REAL ID Act of 2005 ... and dismiss in part and deny in part.”
“We have jurisdiction under 28 U.S.C. 1291, and we reverse and remand. ... REVERSED AND REMANDED.”
“Accordingly we REVERSE the district court's denial of summary judgment on the basis of qualified immunity. REVERSED.”
“We vacate Gardenhire's sentence and remand for resentencing. VACATED and REMANDED with instructions to the Clerk to assign to a different district court judge.”
“We reject Jefferson's argument that recent Supreme Court authority requires the government to prove that the defendant knew the specific type and quantity of the drugs he imported ... Accordingly, we affirm.”
“We agree, and therefore affirm the entry of summary judgment in favor of Russell Road. ... AFFIRMED.”
“We conclude that Plaintiffs have standing to challenge Glendale's installation of the monument but have failed to state a claim that Glendale's actions are preempted. Accordingly, we affirm the district court's judgment dismissing Plaintiffs' preemption claim with prejudice.”
“The parties do not raise any arguments the merits of which we may review. PETITIONS DENIED.”
“The district court's application of Colorado River was an abuse of its narrow discretion ... We therefore VACATE the stay order and REMAND to the district court for further proceedings. VACATED; REMANDED.”
“Therefore, the BAP and the bankruptcy court correctly concluded that Mainline could avoid the County's liens under 545(2), and properly relied on our decision in Cummins. AFFIRMED.”
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