169 results for 'filedAt:"2024-02-14"'.
J. Rodriguez denies one nonprofit’s efforts to disqualify another, related nonprofit’s counsel in a convoluted dispute over trademark claims between two groups that split off from each other and have since “found themselves ensnared in litigation repeatedly.” The suing nonprofit made a number of arguments for disqualification, including saying the lawyer possessed confidential information and was a necessary witness in the case, but the group does not “specifically identify any disclosed information,” and the group’s arguments that he is a witness are “dubious at best.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: February 14, 2024, Case #: 5:23cv1307, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Warner finds the lower court improperly granted the grocery store’s motion to amend to plead a claim for punitive damages in this lease dispute. There is not enough support of evidence established to support the independent tort. Therefore, this appeal will be remanded, and the punitive damages claim will be stricken. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2023-1102, Categories: Evidence, Landlord Tenant
J. Diaz dismisses the defendant's appeal of orders compelling his physical presence at a resentencing hearing. The court can't rule on anything from the lower court except final orders and instructions to appear physically for a resentencing hearing do not meet that threshold.
Court: 4th Circuit, Judge: Diaz, Filed On: February 14, 2024, Case #: 23-4055, Categories: Sentencing
J. Osterhaus finds the Florida Department of Revenue improperly denied the final order for a taxpayer’s request for a partial refund of double-paid motor fuel taxes. The taxpayer had paid the tax directly to the supplier and then it was remitted to the department. The department audited the taxpayer and found it had double-paid more than $3.1 million through different channels. The department accepted the second payment directly, and nothing bars refunds mistakenly made. This case is remanded for the issuance of a refund. Reversed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: February 14, 2024, Case #: 1D2022-3284, Categories: Tax
J. Lauber finds a married couple underreported the wife’s taxable Social Security benefits received for tax year 2019. The taxpayers reported only $5,202 in taxable Social Security benefits, which was 85 percent of the $6,120 cash payment they received from the Social Security Administration (SSA) for that year. But the wife actually received $19,866 in Social Security benefits that year, with $1,080 paid to the IRS, and $12,666 not being disbursed as it was a workers’ compensation offset. While they did not receive the disbursement on the workers’ compensation offset, it must still be reported as Social Security income, therefore the instant court finds they taxpayers must include an additional $11,684 of Social Security benefits in their gross income for tax year 2019.
Court: U.S. Tax Court, Judge: Lauber, Filed On: February 14, 2024, Case #: 2024-23, Categories: Social Security, Tax, Workers' Compensation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hurwitz denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. A conviction for armed robbery is categorically an aggravated felony theft offense giving rise to removability.
Court: 9th Circuit, Judge: Hurwitz, Filed On: February 14, 2024, Case #: 23-9, Categories: Immigration, Robbery
J. Niemeyer finds the lower court properly applied sentence enhancements to the defendant. The court enhanced the defendant's sentence for possession of a firearm by a felon after determining that two of his prior convictions, including one for North Carolina assault inflicting physical injury by strangulation, count as crimes of violence. The defendant argued that following a Supreme Court ruling that said the use, attempted use, or threatened use of physical force is required to count as a crime of violence discounts the court's determination. North Carolina's crime of assault inflicting physical injury by strangulation remains a crime of violence, regardless of the ruling. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 14, 2024, Case #: 22-4588, Categories: Firearms, Sentencing, Assault
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Attorney Fees
J. Jacquot finds the Land Use Board of Appeals LUBA erred in rejecting on procedural grounds the petitioner’s argument that new information submitted by the intervenor was “evidence.” LUBA erred in declining to address the petitioner’s argument “that the information provided by intervenor was evidence that petitioner had a right to rebut.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: February 14, 2024, Case #: A18236, Categories: Evidence, Zoning
J. Aoyagi finds the court abused its discretion when it denied defendant’s request for a continuance to investigate information provided by the state on the morning of the trial. The trial court relied on “faulty legal premises” when it denied defendant’s motion for a continuance. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 14, 2024, Case #: A176595, Categories: Justification, Harassment
J. Palafox finds a lower court did not err when it convicted defendant of sexual assault of a child. Defendant appealed based on a jury instruction, which included a “factually impossible date” on which the victim would have no longer been a minor. However, since the jury established that sexual contact did in fact happen while the victim was a minor, this instruction creates “no egregious harm.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 14, 2024, Case #: 08-23-00197-CR, Categories: Sex Offender, Child Victims, Jury Instructions
J. Sleet grants a guardian ad litem’s requested writ of certiorari and quashes the trial court's order, which granted prospective parents’ motion to intervene as a party in an underlying dependency case. The court improperly granted unlimited party status to the prospective parents.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: February 14, 2024, Case #: 2D23-2529, Categories: Family Law, Guardianship