131 results for 'filedAt:"2024-02-05"'.
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J. Buch finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to demonstrate the commissioner erroneously recast the financial transaction as an asset sale followed by a liquidating distribution.
Court: U.S. Tax Court, Judge: Buch, Filed On: February 5, 2024, Case #: 2024-15, Categories: Tax
[Consolidated.] J. Mcilmail finds the contractor is entitled to the cost of increased Covid-19-related medical leave occurring during performance of its contract for airport maintenance services at a naval air station. The contractor experienced an increase in applicable fringe benefits in the form of increased paid time off required under California law related to the Covid-19 pandemic and the Navy’s 14-day quarantine policy.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail, Filed On: February 5, 2024, Case #: 63250, Categories: Government, Covid-19, Contract
J. Pitman grants a preliminary injunction barring Caldwell County and its officials from closing bail hearings to the public and the press after they were sued by Texas Tribune and other news outlets, which said the county had “adopted a policy of categorically closing” all such hearings. The public and press have a “presumptive” right to access such hearings and are being harmed by the lack of access, and Caldwell County has provided “no support” for its arguments that such hearings should remain closed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 5, 2024, Case #: 1:23cv910, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Miller finds that defendant's drug trafficking and possession convictions were not against the weight of the evidence. Even though his accomplice was the one initially arrested in possession of methamphetamine and fentanyl, the car in which he was arrested was registered to defendant and the accomplice admitted to police he was completing drug runs at the behest of defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 5, 2024, Case #: 2024-Ohio-394, Categories: Drug Offender, Evidence, Accomplice Liability
J. Young denies Massachusetts agricultural regulators’ motion for summary judgment against the pork producers suing them over legislation intended to improve animal welfare. One provision, which creates an exception for sales made at slaughterhouses within Massachusetts, violates the dormant commerce clause because it would disallow federally inspected facilities outside the commonwealth from shipping their pork to Massachusetts customers, who could buy noncompliant pork on the premises of in-state slaughterhouses.
Court: USDC Massachusetts, Judge: Young, Filed On: February 5, 2024, Case #: 1:23cv11671, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Consumer Law, Animal Cruelty
J. Bacon finds a tenant is entitled to a new trial following dismissal of his appeal in a landlord-tenant dispute. The metropolitan court's status as a court of record for the case required it to create a record of the trial for appellate proceedings, regardless of whether such a record was requested by either of the parties. Additionally, the local rule that requires a party to request a record of proceedings prior to trial will be struck down, as it conflicts with state law, and courts will be asked to create audio recordings of proceedings moving forward. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: February 5, 2024, Case #: S-1-SC-35619, Categories: Civil Procedure, Landlord Tenant, Public Record
J. Matsumoto grants a motion to intervene filed by the district’s U.S. Attorney and stays a securities fraud action pending resolution of a related criminal case filed in the U.S. Eastern District of New York. The lead defendant in the case was indicted on charges related to the same actions that the SEC cited in its complaint, which alleges he and other individuals defrauded over 4,000 investors of more than $528 million in investment funds. The court agrees with the government’s assertions that it has a strong interest in preventing discovery in the civil case from circumventing the more limited discovery proceedings in the criminal trial.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 5, 2024, Case #: 2:23cv8953, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
[Consolidated.] J. Gobeil finds that the trial court properly ruled in favor of the county in the taxpayers' actions challenging the county's 2015 and 2017 valuations of their real property interests. The county correctly included the separate value of the taxpayers' memberships in a private recreational club when appraising their property interests and calculating ad valorem taxes. Membership in the club automatically transferred with the sale of an ownership interest, therefore membership is inextricably bound with the sale of the properties. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: February 5, 2024, Case #: A23A1344, Categories: Property, Tax
J. Smith finds that the district court properly confirmed an arbitral award in favor of a company in a dispute concerning the parties’ respective rights under a distribution and license agreement (DLA). The district court had jurisdiction to hear the motion to confirm the arbitral award but not for the reasons it held previously. The lower court ruled that it had diversity jurisdiction, but the Federal Arbitration Act gave the district court an independent basis for exercising jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 5, 2024, Case #: 23-55123, Categories: Arbitration, Contract
J. Ervin-Knott finds that the district court should not have denied a petition for partial possession of judgment, alleging that the decedent died intestate. In this case, the decedent’s testament states that his wife would inherit his property if he did not survive the open-heart surgery. The decedent did survive the surgery, and the testament contained a suspensive condition that did not occur. Therefore, the testament is invalid. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: February 5, 2024, Case #: 2023-CA-0391, Categories: Family Law, Wills / Probate
[Consolidated.] J. Ledet finds that the trial court properly granted a hotel business' co-owner's derivative action against the manager/co-owner of the business. In this case, the manager violated his fiduciary duty to the business because, based on expert testimony, the manager had a pattern of "making withdrawals from [the business'] accounts to pay personal expenditures.” Further, the expert opined that the manager's account receivable
due to the business was $892,411. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 5, 2024, Case #: 2023-CA-0181, Categories: Fiduciary Duty, Contract
J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: Probation, Sentencing, Plea
Per curiam, the circuit finds that the district court properly convicted defendant of wire fraud in a scheme to induce investors to back a group developing cryptocurrency because evidence indicated defendant knowingly made false or misleading statements as to its affiliation with the United Nations to secure the investments, and some victims testified that the alleged link was key to the decision to invest. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 22-2100-cr, Categories: Fraud, Intent, Securities
J. Robinson finds that the district court improperly dismissed recovery claims brought by a trust established to continue environmental remediation at former General Motors plants after the automaker went into bankruptcy in 2009. A consent decree governing contaminant cleanup in a creek near GM's Syracuse plant did not foreclose attempts at recovery from dozens of other companies for possible contributory damage in the wider watershed, as the agreement did not address trust liability there. Meanwhile, the request seeking reassignment to a different judge on remand should be rejected.
Court: 2nd Circuit, Judge: Robinson, Filed On: February 5, 2024, Case #: 22-1589-cv, Categories: Environment, Damages
Per curiam, the appellate court finds that the trial court should not have granted defendant's motion to suppress firearm evidence obtained during a traffic stop. In this case, the traffic stop was valid because the officer observed defendant's car had a tinted cover over his license plate. Further, another officer notified the officer that the same vehicle could have been involved in a shooting earlier that day. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: February 5, 2024, Case #: 24-K-20, Categories: Evidence, Firearms