119 results for 'cat:"Commerce"'.
J. Willett grants the chamber of commerce's petition for a writ of mandamus challenging the district court's denial of a preliminary injunction. The chamber calls into question a final rule issued by the Consumer Financial Protection Bureau decreasing the safe harbor amount for charging credit card late fees. The chamber had a short window of time to comply with the rule or seek the injunction. The court’s inaction amounted to an effective denial of the injunction. The district court also lacked jurisdiction to transfer the case after this appeal was docketed.
Court: 5th Circuit, Judge: Willett , Filed On: May 3, 2024, Case #: 24-10266, Categories: commerce, Banking / Lending, Injunction
J. Dorsey denies the fruit and vegetable supplement manufacturer's motion for a preliminary injunction halting the sale of a company's supplements. The manufacturer accuses the company of copying its trade dress and seeks relief for violations of Nevada common law. Though Nevada has not recognized a common law trade-dress claim or articulated a standard, analysis under the federal Lanham Act reveals little likelihood of success on the claims. The labels are not particularly similar, and selling such supplements as a set and placing a brand name on the top center of a bottle is not unique.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 2, 2024, Case #: 2:23cv2051, NOS: Trademark - Property Rights, Categories: commerce, Trademark, Business Practices
J. Hunt grants the defendant Chinese e-commerce platform’s motion to dismiss a trademark complaint brought by the plaintiff Chinese fitness equipment manufacturer. The equipment manufacturer owns the trademark for “FitBeast,” displayed on its grip strengtheners, and claims the defendant has helped counterfeiters sell knock-off FitBeast products on its platform. The court finds the plaintiff has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 29, 2024, Case #: 1:23cv2793, NOS: Trademark - Property Rights, Categories: commerce, Trademark, Business Practices
J. Donovan answers a certified legal question concerning common law and contracts. The court concludes “that the common law contract defenses of impossibility, impracticability, and frustration of commercial purpose are so fundamentally related to contract formation and purpose that they remain viable unless expressly waived. Accordingly, a force majeure clause that protects only one party to a contract should not be deemed, in and of itself, a relinquishment of the other party’s right to interpose those common law defenses.” Remanded.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: April 23, 2024, Case #: 2023-0018, Categories: commerce, Contract
[Consolidated.] J. Cannataro finds that the tax appeals tribunal properly denied corporate tax deductions to Walt Disney and IBM based on their foreign affiliates' royalty payments on licensed intellectual property. For a decade, New York allowed companies that paid franchise taxes to deduct income received as royalty payments if the affiliates already paid a state tax on the same income, as long as companies included the royalty payments when calculating their own taxable income. However, the affiliates operate overseas and thus are not subject to that provision, and royalty deductions do not apply. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 23, 2024, Case #: 34, Categories: Corporations, commerce, Tax
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J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: commerce, Restraining Order, First Amendment
J. Katzmann finds the United States Department of Commerce’s (Commerce) calculations of drawback adjustments for certain Turkish products are incorrect, and that Commerce failed to explain how it came to its redetermination of import duties. The matter is remanded for further consideration.
Court: Court of International Trade, Judge: Katzmann, Filed On: April 11, 2024, Case #: 24-44, Categories: commerce
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: commerce, Evidence
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: commerce
J. Hughes finds that the court of international trade properly dismissed this appeal for lack of jurisdiction over customs and border protection's assessment of countervailing and antidumping duties because the importer failed to exhaust administrative remedies. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 8, 2024, Case #: 22-2079, Categories: commerce, Trade, Jurisdiction
J. Hughes finds that the court of international trade properly ruled in this antidumping dispute because evidence indicates U.S. Steel did not reimburse an affiliated U.S. importer for antidumping duties. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 4, 2024, Case #: 22-2078, Categories: commerce, Trade
[Consolidated.] J. Pan grants, in part, two Chinese companies' petitions for review of the Federal Communications Commission's order banning the companies' video surveillance equipment for certain uses in the U.S., including surveillance of critical infrastructure. Although the ban is upheld, the order is remanded to the commission so it can define "critical infrastructure" to comport with the National Defense Authorization Act.
Court: DC Circuit, Judge: Pan, Filed On: April 2, 2024, Case #: 23-1032 , Categories: commerce, Communications
J. Dick denies a request to dismiss for lack of jurisdiction a chemical plant worker’s complaint the negligence of a tank valve manufacturer resulted in the spraying of extremely hot liquor, causing him severe burns and the loss of sight in both eyes. Although the manufacturer is not incorporated in Louisiana, the disabled worker has alleged sufficient facts to show the valve-maker availed itself of the privileges of conducting business in the state.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:23cv505, NOS: Other Personal Injury - Torts - Personal Injury, Categories: commerce, Tort, Product Liability
J. Smith finds the district court improperly found for R.J. Reynolds on its claims the Food & Drug Administration's attempt at implementing the Tobacco Control Act’s warning-label requirement to require color graphics regarding health effects of smoking violates the First Amendment. The image warnings are both factual and uncontroversial, and the free speech test for factual commercial speech must be applied. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: March 21, 2024, Case #: 23-40076, Categories: commerce, Constitution, Health Care
J. Mosman denies the pharmaceutical trade group summary judgment for the commerce clause claim of its complaint alleging that Andrew Stolfi, Director of the Oregon Department of Consumer and Business Services, allowed disclosure laws that unfairly require pharmaceutical manufacturers to hand over trade secrets and threaten to publicize that information if the manufacturers decide to increase their prices. Neither party is entitled to summary judgment on the commerce clause, because neither party can definitely say how House Bill 4005, which is a law providing for “drug-pricing transparency," will effect interstate commerce.
Court: USDC Oregon, Judge: Mosman, Filed On: March 19, 2024, Case #: 6:19cv1996, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, commerce, Government
J. Massing vacates summary judgment in favor of a hotel being sued by children’s clothing sellers who were told to leave the hotel after they arrived to conduct business with retailers, were told by the hotel that there was an unwritten policy against conducting business at the hotel and then they argued against the imposition of this new unwritten policy that they hadn't been told about previously. While the hotel didn’t violate a consumer protection statute, the hotel arguably referenced a “fictitious policy” as a “deceptive means of forcing them out.” Reversed.
Court: Massachusetts Supreme Court, Judge: Massing, Filed On: March 18, 2024, Case #: 23-P-178, Categories: commerce, Consumer Law, Business Practices
J. Bennett grants the individual members of the Maryland Alcohol, Tobacco, and Cannabis Commission and denies the commission, its executive director and the attorney general’s motion to dismiss improper defendants in this Interstate Commerce Act complaint brought by a citizen and two out-of-state breweries. The citizen and breweries argue that the commission has unconstitutionally allowed in-state alcohol manufactures to ship their product directly to consumers, while prohibiting the out-of-state brewers from doing the same. The Direct Shipping Act is scheduled to expire June 30, 2024, and at that time this case may be dismissed. Therefore, until the direct shipping act expires the motion to dismiss the complaint in full is denied.
Court: USDC Maryland, Judge: Bennett, Filed On: March 15, 2024, Case #: 1:23cv2045, NOS: Constitutionality of State Statutes - Other Suits, Categories: commerce, Constitution
J. Golemon finds the trial court properly denied the auto dealer's motion to compel arbitration. The buyer sued the dealer after she discovered that the truck she bought, advertised as new, was not new. The trial court properly found the dealer meant to manipulate the litigation process, prejudicing the buyer, by demanding arbitration after an unexcused 4-year delay, after a trial date had been set, and after the court granted the buyer's motion to compel discovery. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: March 14, 2024, Case #: 09-23-00098-CV, Categories: Arbitration, commerce, Due Process
J. Biggs grants a stockholder’s motion for entry of default judgment against an investment company after he alleges the company failed to issue him 200,000 shares he purchased for $100,000. Although the company claims it would not return the stockholder’s investment because it had fallen victim to an attempt to defraud it, it is still subject to the contract with the stockholder to return his investment, now with interest.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 12, 2024, Case #: 1:23cv345, NOS: Other Contract - Contract, Categories: commerce, Securities, Contract
J. Kitchin finds a lower court improperly dismissed a lifestyle company's trademark claims against Amazon. Amazon argued that it was entitled engage in cross-border Internet marketing sales of the lifestyle company's trademarked goods. However, Amazon failed to obtain consent to use the "Beverly Hills Polo Club" brand on its website. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Kitchin, Filed On: March 6, 2024, Case #: 24UKSC8, Categories: commerce, Trademark
J. Rao upholds the district court's dismissal of a group of cobalt miners out of the Republic of Congo's case against Apple, Dell, Tesla and Microsoft under the Trafficking Victims Protection Reauthorization Act. Their claim the companies bought cobalt for lithium-ion batteries through the global supply chain is not a valid claim under the Act. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: March 5, 2024, Case #: 21-7135 , Categories: Civil Rights, commerce, Technology
J. Traum grants the equipment rental company's motion for summary judgment in its employment agreement-related against a former sales rep. The sales rep was hired pursuant to a noncompetition agreement and began communicating with a competitor about job opportunities after having a dispute with his supervisor. After this, the sales rep requested a copy of the agreement to ensure that he was complying with all restrictive covenants and created a 103-page list of customers by taking screenshots of customer information. Sufficient evidence supports the judgment.
Court: USDC Nevada, Judge: Traum , Filed On: March 5, 2024, Case #: 2:21cv2190, NOS: Other Contract - Contract, Categories: commerce, Evidence, Contract
J. Du grants the ranchers' motion to dismiss a Peruvian work visa worker's allegation the ranch association and member ranches restrained trade for the purpose of wage-fixing. Though the worker has not sufficiently alleged each ranch specifically engaged in an anti-competitive agreement, allegations the association made an unlawful agreement with certain members are plausible. The worker is given leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: March 4, 2024, Case #: 3:22cv249, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, commerce
J. Smith grants the users of an online academic research tool's petition for a writ of mandamus. The underlying suit alleges the Commodities Futures Trading Commission's department of marketing oversight acted capriciously in finding the research tool not in compliance with directives. The district court improperly transferred their suit to the District Court for the District of Columbia due to court congestion, which is a clear abuse of discretion.
Court: 5th Circuit, Judge: Smith , Filed On: March 1, 2024, Case #: 24-50079, Categories: commerce, Venue, Technology
J. Rogers reverses, in part, the district court's finding for the Secretary of the Department of Commerce on a group of commercial fishers' challenge to a final rule that modified the allocation of red group between the recreational and commercial sectors. The Fisheries Service must address whether the economic analysis used to support the final rule is sufficiently different than the one used to support a formerly discredited final amendment.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 23-5026 , Categories: Administrative Law, commerce, Environment