400 results for 'cat:"Business Practices"'.
J. Niemeyer finds the tax court improperly imposed penalties for 2016. The company used a consistent methodology to determine the amount of the CEO's bonuses for both 2015 and 2016 with the advice of independent accountants, and therefore, the reasons that the tax court gave for not imposing a substantial underpayment penalty for 2015 likewise provided an adequate defense against imposing a similar penalty for 2016. Vacated.
Court: 4th Circuit, Judge: Niemeyer, Filed On: May 31, 2023, Case #: 22-1573, Categories: Tax, business Practices
J. Fallon denies summary judgment to Walmart, ruling that evidence of a fallen fruit cup has helped a shopper meet his high burden of proof for a slip-and-fall lawsuit brought under Louisiana’s Merchant Liability Act. Walmart argued that the shopper failed to prove that its employee, who was stacking shelves earlier in the day, knocked down the fruit cup found near the accident scene. At the current stage of the case, the shopper “does not need to prove” that the store created the condition which caused his fall. The factual dispute over how the fruit cup and the spilled liquid came to be on the aisle floor is sufficient to carry the shopper’s claims to trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 31, 2023, Case #: 2:22cv3482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, business Practices
J. Doughty denies a request by a Louisiana-based baby products manufacturer for permission to amend its answer to a patent infringement suit, arising from its “no tears” pail for shampooing a baby’s hair. At issue is whether the baby-bucket maker and other businesses named in the suit have “an unfettered right” to alter their answer to the complaint to add “whatever additional defenses and counterclaims they desire. The answer is that they do not.” The patent suit was filed in 2016. Trial is set to begin September 18, 2023.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 30, 2023, Case #: 3:17cv821, NOS: Patent - Property Rights, Categories: Patent, Property, business Practices
J. Pirtle finds the district court properly granted the subdivision residents’ petition for permanent injunction preventing a fellow owner from operating a junk car business on his property. The business owner’s distinction between the definition of “junk cars” and “junk trucks” goes against common understanding and against the intent of the owner’s contract. Also, the limitation on personal vehicles, as opposed to business-associated, was not overbroad. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 30, 2023, Case #: A-22-203, Categories: Property, business Practices, Contract
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J. May finds that an anti-aging company engaged in deceptive conduct and unfair practices by advertising and selling stem cell and exosome therapy to elderly customers in Iowa. The company did not have a constitutional right to a jury trial under the state consumer fraud act.
Court: Iowa Supreme Court, Judge: May, Filed On: May 26, 2023, Case #: 21-0831, Categories: Antitrust, Fraud, business Practices
J. Rearden grants the actress's motion for a preliminary injunction to prevent the defendant fashion business's from using her name and likeness after it failed to make required royalty payments. The business claims that Gabrielle Union made unreasonable demands, failed to make required social media posts, and cost it thousands by using expensive hair stylist and photographers. However, it continued selling the branded merchandise despite these alleged breaches, so it was obligated to continue performing under it.
Court: USDC Southern District of New York, Judge: Rearden, Filed On: May 26, 2023, Case #: 1:23cv2354, NOS: Other Contract - Contract, Categories: business Practices, Contract
J. Hess finds that the lower court properly dismissed the raw ingredient supplier's suit alleging the defendant company threatened its customers with legal action over their use of the supplier's "NitroRocket," a specially engineered extract of arugula designed for sports nutrition, which allegedly infringed on the defendant's rights. There is no evidence that the alleged conduct was committed in or had significant links to Missouri, so the suit was correctly dismissed for lack of jurisdiction. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: May 23, 2023, Case #: ED111095, Categories: Tort, Jurisdiction, business Practices
J. Navarro grants the shareholder’s motion to remand this shareholder derivative action removed from state court. The company changed its business model from that of “providing advanced software technology to solve modern energy challenges” to describing itself as “a leading bitcoin mining and diversified energy company.” Ensuing events caused the stock price to fall rapidly, making the basis for this suit. The stockholder’s claims are predicated on Nevada state law, only referencing federal violations as an alternative basis.
Court: USDC Nevada, Judge: Navarro, Filed On: May 23, 2023, Case #: 2:23cv445, NOS: Stockholders’ Suits - Contract, Categories: Securities, business Practices, Business Expectancy