142 results for 'filedAt:"2023-07-25"'.
J. Lauber finds for the commissioner of internal revenue because the taxpayer's argument that his wages did not constitute taxable income lack merit.
Court: U.S. Tax Court, Judge: Lauber, Filed On: July 25, 2023, Case #: 2023-95, Categories: Tax
J. Lauber finds for the commissioner of internal revenue in this liability dispute since defendant failed to reasonably explain why he failed to file taxes or report income for the years at issue.
Court: U.S. Tax Court, Judge: Lauber, Filed On: July 25, 2023, Case #: 2023-96, Categories: Tax
J. Lauber finds for the commissioner of internal revenue in this tax dispute over deductions for charitable contributions concerning a conservation easement because the IRS complied with all requirements and secured a supervisor's approval for the penalties.
Court: U.S. Tax Court, Judge: Lauber, Filed On: July 25, 2023, Case #: 2023-92, Categories: Tax
J. Hickey grants the state’s motion to remand its case alleging that TikTok violated the Arkansas Deceptive Trade Practices Act by providing consumer information to China. "Each of the state's claims are carefully pled pursuant to Arkansas law, and the state specifically disclaims any contention that its claims are brought pursuant to federal law." Although TikTok cites generalized federal interests in the case, this is insufficient for federal jurisdiction.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: July 25, 2023, Case #: 1:23cv1038, NOS: Other Fraud - Torts - Personal Property, Categories: Government, Jurisdiction, Business Practices
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J. Christopher finds, on remand from the Court of Criminal Appeals, that the 2017 version of the state's electronic harassment statute is not unconstitutional on its face and that defendant was properly denied habeas relief. Defendant, who was accused of sending harassing text messages to someone, did not show that the statute "implicates the First Amendment." Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: July 25, 2023, Case #: 14-19-01005-CR, Categories: Constitution, Habeas, Harassment
J. Shea finds that the trial court erred in imposing sentencing conditions restricting defendant's access to the internet and possession of certain electronic devices. A complete prohibition on internet access and using devices without the consent of a parole officer is not reasonably related to his criminal history. Reversed.
Court: Montana Supreme Court, Judge: Shea, Filed On: July 25, 2023, Case #: DA 21-0326, Categories: Sentencing, Sex Offender
J. Gordon dismisses a counterclaim brought by the borrower who defaulted in this suit brought by the lenders on allegations of fraudulent transfer of stock. A breach of fiduciary duty claim alleges the stock transfer resulted in unjust enrichment to the company owners while they failed to pay the debt. The owners say the lenders intentionally assisted the breach of a duty through their interaction with other parties, and the "shifting" allegations do not give the lenders fair notice of who is asserting the claim, in what capacity, and on what factual basis.
Court: USDC Nevada, Judge: Gordon, Filed On: July 25, 2023, Case #: 2:22cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Fiduciary Duty
Per curiam, the circuit finds that the district court properly declined to dismiss a lawsuit alleging that a section of the Texas Business & Commerce Code that prohibits credit reporting agencies from including medical debt collection is preempted by the Federal Fair Credit Reporting Act. The international trade association "has alleged an 'injury in fact' that is fairly traceable to the challenged conduct of the defendant and is likely to be redressed by a favorable judicial decision." The district court also properly determined that the Texas Attorney General does not have sovereign immunity and that the claim is ripe for review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 25, 2023, Case #: 21-51038, Categories: Immunity, Consumer Law, Agency
J. Pitman grants a motion by X Corp, the successor of Twitter, to remand to state court a convoluted dispute in which X Corp accuses a former employee of violating confidentiality agreements and the employee, in a putative class-action brought in California, accuses X Corp of "fail[ing] to pay bonuses owed" to him and other workers. While this legal dispute has multiple wrinkles, the goal of an injunction sought by X Corp is simply "the return of confidential information to Twitter," and because the former employee cannot show the sought injunction "is worth more than $75,000," this federal court does not have jurisdiction to hear this particular controversy.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 25, 2023, Case #: 1:23cv778, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
J. Donovan finds that the lower court properly denied the father's request to hold the mother in contempt for violating a parenting plan because she took their children out of school a few days early for a vacation. The decision to take the children out of school early was made with proper arrangements with the children's school and was not a willful violation of the parenting plan. Affirmed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: July 25, 2023, Case #: 2022-0517, Categories: Contempt, Family Law
J. Beckerman finds in favor of the employees on their Fair Labor Standards Act claims, which allege that the automobile dealership owners did not pay the employees and the collective members minimum wages and overtime. The dealership owners do not present evidence that adequately explains what they did to pay the employees after the regular payday or to show that they issued a notice that they complied with the FLSA.
Court: USDC Oregon, Judge: Beckerman, Filed On: July 25, 2023, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor
J. Matheson finds that the lower court properly convicted defendant of shooting an individual to death. Defendant shot and killed the decedent while he was employed by the local police department and used police resources to find decedent's house, where he was spotted with defendant's daughter. Defendant claims that the man he shot had a "shiny" gun at the time of the incident, and while no gun was ever recovered at the scene and there is no evidence of decedent having a gun when he was killed, a chrome pistol was found in a police garbage can. Defendant's defense argument claims that this was the gun decedent had on him, and that a witness must have smuggled it into the police station. But the state provided ample evidence that decedent did not have any kind of gun, let alone the chrome pistol found in the garbage, and so his convictions stand. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: July 25, 2023, Case #: 22-5006 , Categories: Murder
J. Wolohojian finds that the lower court properly determined that the Massachusetts Homestead Act protects a father's right to his home and choice not to give it up as a form of child support for his disabled daughter. The exemption to the Act for children of the homestead owner only applies if the children are minors. In this case, the daughter is an adult. However, a remand is necessary to determine whether the father has complied with his obligation to carry a $100,000 life insurance policy. Affirmed in part.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: July 25, 2023, Case #: 20-P-1321, Categories: Family Law
J. Badding finds that the parties' parental rights were properly terminated since they had serious substance abuse issues, including that the mother overdosed on heroin in her third trimester of pregnancy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 25, 2023, Case #: 23-0832, Categories: Family Law
J. Bates denies, in part, the district's motion for summary judgment on an individual's due process claims related to his reincarceration without a hearing for unserved misdemeanor sentences. There is a question of fact whether defendant was prejudiced by the lack of a hearing and, therefore, he can move forward with his procedural due process claim.
Court: USDC District of Columbia, Judge: Bates, Filed On: July 25, 2023, Case #: 1:15cv666, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Quinn finds that the lower court improperly denied the law firm's request to transfer venue in this breach of contract and quantum meruit lawsuit involving allegedly unpaid bonuses. The former employee sued the firm in Tarrant County, but the elements underlying his claims "occurred in Dallas County." Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: July 25, 2023, Case #: 07-22-00306-CV, Categories: Employment, Venue, Contract
J. Molberg grants the appellant's motion for rehearing and vacates the court's prior opinion in this lawsuit alleging a breach of fiduciary duty against an attorney and his law office. The court concludes that the lower court "misapplied the collateral estoppel doctrine." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 25, 2023, Case #: 05-20-00994-CV, Categories: Civil Procedure, Fiduciary Duty
J. Palafox finds that a lower court ruled correctly in favor of a client in a dispute with an attorney over attorney fees related to a separate matter. The attorney raises a range of issues on appeal, but most of those issues are "inadequately briefed." While the attorney need only show that he completed contractual work but was not paid an agreed-upon amount for it, some potentially critical documentation here, such as invoices, "were not received into evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 25, 2023, Case #: 08-22-00131-CV, Categories: Attorney Fees, Contract
J. Graeff finds that the lower court properly denied defendant's motion for judgment of acquittal on the charge of participation in a criminal organization that resulted in death. Defendant, a former gang member who robbed, shot and killed another man who had just left his own birthday celebration, argues he did not do so as part of the gang. However, because the gang supplied the weapon and defendant sought help from the gang afterward, his actions are considered to be in association with the gang and therefore demand a felony conviction. Affirmed.
Court: The Appellate Court of Maryland, Judge: Graeff, Filed On: July 25, 2023, Case #: 03-K-18-003647, Categories: Murder, Robbery, Gangs
J. Cruser finds that the lower court properly tossed a public records lawsuit against the Washington state patrol. An individual requested a series of records relating to arrests from the late 1990s, but the state patrol withheld the records after determining they were exempt from the Public Records Act. The individual's subsequent suit was properly tossed because the clear language of the law restricts "files and records that are related to the commission of any crime to the public" through a public records request. There are other means, such as through a Washington Access to Criminal History application, that serve as the proper channels to acquire the requested information. Affirmed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: July 25, 2023, Case #: 57828-0-II, Categories: Public Record