216 results for 'filedAt:"2024-01-10"'.
J. Ericksen rules on several motions in limine in a patent suit regarding four patents related to artificial trees. The patent defendants may reference the existence and invalid status of eight underlying independent claims, but must avoid details of inter partes review proceedings leading to those determinations. They may also introduce evidence and testimony regarding their subjective beliefs and independent investigation into infringement and validity issues, sales data for unaccused products, and undisclosed prior art for invalidity defenses, but not evidence solely aimed at establishing inequitable conduct. The patent claimants, meanwhile, are precluded from presenting evidence or arguments regarding prior lawsuits, but may introduce evidence related to the Patent Trial and Appeal Board's analysis of secondary considerations, along with evidence of inter partes review proceedings subject to an appropriate limiting instruction and some online comments, depending on context. A motion seeking cross-examination of the patent claimant's patent prosecution attorney is premature, and testimony and an agreement from one of the claimant's witnesses is excluded.
Court: USDC Minnesota, Judge: Ericksen, Filed On: January 10, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. McKeig affirms the district court's order requiring that the defendant, convicted for three offenses related to child pornography he produced of an ex-girlfriend's daughter, pay restitution to the child's mother. The family members of a minor victim of a crime may receive restitution, and the child's mother adequately showed that she suffered monetary and psychological damage as a result of the defendant's crimes. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 10, 2024, Case #: A22-0793, Categories: Sex Offender, Restitution, Child Pornography
Per curiam, the Minnesota Supreme Court suspends attorney Joseph Kaminsky for a minimum of nine months for failing to properly supervise staff, filing a false affidavit, neglecting a client, failing to represent another client competently and diligently and failing to deposit unearned advance fees in a trust account.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: A21-1649, Categories: Attorney Discipline
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J. Lagesen finds the Land Use Board of Appeals (LUBA) erred in granting Tillamook County’s motion to dismiss for lack of jurisdiction. LUBA erred in determining that “petitioners had not demonstrated that the challenged decisions were final decisions, and its order is therefore unlawful in substance.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182569, Categories: Government
J. Hellman finds the trial court properly determined that defendant had violated a restraining order by possessing a firearm. “It is not ‘obvious and not reasonably in dispute’ that the contempt case was a second prosecution that gives rise to a double jeopardy violation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176857, Categories: Firearms, Restraining Order
J. Thompson finds that defendant was properly convicted of two counts of first degree rape, with both victims under the age of 12. The victims testified at trial that defendant raped them multiple times over a period of several years, starting when they were between the ages of three and six years old. Defendant's actions with the victims, who never met, demonstrate a pattern of targeting extremely young girls and abusing them while their mothers were at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,464-KA, Categories: Evidence, Sex Offender
J. Marcotte finds that defendant was properly convicted of possession with intent to distribute marijuana, possession of a firearm while in possession of marijuana, and possession of a firearm by a convicted felon. Defendant's probation officer received an anonymous telephone tip that defendant was at a car wash in possession of a large amount of marijuana and a weapon. Defendant was found in possession of car keys when he was arrested, which gave him dominion and control over the contents of the truck, including the gun, drugs and drug-dealing paraphernalia. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: January 10, 2024, Case #: 55,441-KA, Categories: Drug Offender, Evidence
J. Sutton finds the lower court properly sided with Sprint and applied the lower of two proposed interest rates to the $2.2 million in payments to the local telecommunications company. The tariff for connecting local calls is defined as the "highest rate levied by law," which, in Kentucky, is set at 8 percent. Therefore, only governments or regulators could approve the 10.66 percent rate sought by the local telecommunications provider and the lower court properly added $4.3 million in interest. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: January 10, 2024, Case #: 23-5369, Categories: Communications, Damages
J. Ahlers finds that the lower court properly dismissed a petition seeking judicial review after the state confirmed a finding of child abuse against defendant because he failed to serve the state within 10 days of filing the petition. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 22-1955, Categories: Civil Procedure, Agency
J. Chicchelly finds that defendant was properly convicted of solicitation of commercial sexual activity after sending a photo of his penis to a detective posing as a 15-year-old girl, then arriving at a truck stop to meet her because admission of the photo into evidence was supported by the sexually explicit messages defendant sent to the detective. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 10, 2024, Case #: 22-1681, Categories: Evidence, Sex Offender
J. Emas finds the trial court properly denied the county's motion for summary judgment in the citizen's lawsuit claiming he was struck by a bus after getting off of it following an argument with the driver. The county is not entitled to sovereign immunity at this time because it remains disputed whether the driver intentionally struck the citizen, who says the driver would not have been able to see him at the time because he was in the bus's blind spot. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 10, 2024, Case #: 22-2132, Categories: Tort, Immunity
J. Fasciale finds that the appellate division should have dismissed class claims contending a senior living facility misrepresented its refund policy for resident entrance fees because the allegations did not relate to misrepresentations about food served at the facility, and thus statute cited in the motion to dismiss did not apply. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale, Filed On: January 10, 2024, Case #: A-37-22, Categories: Fraud
J. Gundrum finds the circuit court improperly affirmed the administrative agency's finding that the brothers were unlawfully fired by the school district after they allegedly stole funds from selling scrap metal belonging to the district, conduct for which they both received municipal theft citations that were resolved by paying the district $500. The plain language of the Wisconsin Fair Employment Act does not extend employment-discrimination protections for those terminated because of their "arrest record" to individuals fired due to civil, municipal charges. The matter is remanded to the circuit court, which is to remand to the agency so the latter can dismiss the brothers' claims. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gundrum, Filed On: January 10, 2024, Case #: 2022AP001158, Categories: Municipal Law, Employment Discrimination
J. Myren finds that the circuit court properly denied a company's request for a refund from the South Dakota Department of Revenue. The company is a South Dakota-licensed wholesaler of tobacco products that purchased products known as "Other Tobacco Products" (OTP). The Department of Revenue determined that the tax was properly assessed for the purchases of OTP. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: January 10, 2024, Case #: 2024SD1, Categories: Commerce, Tax
J. Pitman finds that the trial court should not have dismissed a lawnmower operator's claim for exemplary damages related to a collision with a truck. In this case, the lawnmower operator's claim may be granted if intoxication was a cause-in-fact of the accident at issue. The lawnmower operator provided two affidavits of witnesses who swore that the truck driver appeared to be drunk and that he admitted to having had something to drink. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,411-CA, Categories: Evidence, Damages
J. Johnson grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee who was allegedly terminated after asking for leave under the Family and Medical Leave Act to care for a family member. The record indicates that the employee "repeatedly" violated the company's absence policy and often "failed to provide notification to his employer of his anticipated and actual absences." Accordingly, the employer has sufficiently shown that he would have been terminated anyway, even without the request for leave.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 10, 2024, Case #: 4:20cv229, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. Brown finds that the trial court properly awarded the community organization $65,000 in attorney fees in a civil rights and injunctive relief class action brought by the member. The trial court granted the organization's motion to dismiss the action, which arose after the organization modified its bylaws to require board candidates to attest that they file income taxes. The case is remanded for factfinding with respect to the amount of attorney fees to be assessed. The trial court was not clear in its order whether it limited the fees award to those fees incurred because of the member's sanctionable conduct. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 10, 2024, Case #: A23A1569, Categories: Attorney Fees
J. Tabor finds that defendant was properly convicted of first-degree murder after shooting a police officer. Officers did not use excessive force in attempting to detain defendant, and he knowingly and willfully shot and killed a sergeant while police attempted to enter his home in an act that did not constitute self defense. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 10, 2024, Case #: 22-1103, Categories: Evidence, Murder, Self Defense
J. Badding finds that defendant was properly sentenced to prison for domestic abuse assault after kicking his girlfriend's head and body and breaking her ribs. During a jailhouse call, defendant laughed while saying, “I’ll probably still beat up girls when I get out of jail,” indicating a total lack of remorse for his crime and compounding his criminal history of domestic assault. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 10, 2024, Case #: 23-0532, Categories: Sentencing, Domestic Violence
J. Greer finds that defendant was properly convicted of attempted murder and other charges in connection with a drive-by shooting because circumstantial evidence proved that defendant actively participated in the crimes by driving the SUV at the time of the shooting and by refusing to cooperate with police. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 21-1185, Categories: Evidence, Murder
J. Hunter finds that attorney Michelle Charles was properly found to be in constructive contempt of court for her failure to appear at a criminal trial on behalf of her client without justification. In this case, the client and 21 witnesses called by the defense were present in court, but attorney Michelle Charles could not be located. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,462-KA, Categories: Civil Procedure, Contempt
J. Hellman finds the trial court did not impermissibly rely on evidence of a husband’s past income and did not abuse its discretion when it determined the husband’s income for the purposes of calculating spousal support. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176616, Categories: Family Law