137 results for 'filedAt:"2023-11-07"'.
J. Moore dismisses an appeal from the finding that a biotherapeutics company failed to prove that claims for "compositions and methods for treating pterygium" were unpatentable because the company failed to establish injury.
Court: Federal Circuit, Judge: Moore, Filed On: November 7, 2023, Case #: 2022-1706, Categories: Patent
Per curiam, the Oklahoma Court of Criminal Appeals adopts new rules and amends existing rules regarding procedures for appeals. Felony and misdemeanor appeals are included within a particular class of appeals provided that certain provisions control in juvenile and capital cases. Certain sections remain unchanged and the computation of time for an appeal to be perfected is clarified.
Court: Oklahoma Courts Of Appeal, Judge: Per curiam, Filed On: November 7, 2023, Case #: CCAD-2023-1, Categories: Administrative Law, Judiciary
Per curiam, the Georgia Supreme Court accepts attorney Carl Lawrence Collins's petition for a voluntary interim suspension of his license to practice law pending the outcome of an appeal of his criminal convictions for making a false tax return. The attorney's convictions constitute violations of the Georgia Rules of Professional Conduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y1064, Categories: Judiciary, Attorney Discipline
J. Walker reverses the lower court's order dismissing defendant's appeal of his 2019 no-contest plea to obstructing an officer from Monongalia Magistrate Court stemming from his arrest on July 31, 2019, for disrupting a West Virginia University Board of Governor's meeting. Absent certain exceptions as specified in state code, appeals from magistrate court are de novo, so the judge erred by failing to entertain the appeal and rule on the merits of the case. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: November 7, 2023, Case #: 21-972, Categories: Criminal Procedure, Obstruction, Trespass
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J. Valihura finds that resentencing did not violate defendant's double jeopardy rights because he had not served time for his conviction for failing to comply with bond, and he lacked a legitimate expectation of finality for the original sentencing package, as defendant understood that the state intended him to serve five years at level five supervision.
Court: Delaware Supreme Court, Judge: Valihura, Filed On: November 7, 2023, Case #: 386, 2022, Categories: Sentencing, Double Jeopardy
J. Mullen grants the clinic's motion to dismiss a woman's slip and fall suit. The woman's complaint was untimely filed, as the automated system rejected the initial filing because her attorney failed to include his Illinois attorney registration number as required. There is no legitimate excuse for this attorney error. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: November 7, 2023, Case #: 230088, Categories: Civil Procedure
J. Proctor grants a group home’s motion for summary judgment on Rehabilitation Act, Fair Housing Act, Americans with Disabilities Act, negligence and other claims brought by a mentally disabled resident alleging he was abused and neglected. The resident fails to establish a prima facie case for his retaliation claim under the Rehabilitation Act. All other claims are to be denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 7, 2023, Case #: 7:21cv308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, Negligence, Housing
J. D’Agostino preserves, for the most part, a trademark lawsuit filed by the maker of Little Trees air fresheners against Meta, the parent company of Facebook and Instagram, alleging the tech giant allowed the sale of bootleg air fresheners, T-shirts and stickers bearing the Little Trees design on Facebook Marketplace and Instagram and collected sales tax on each transaction.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 7, 2023, Case #: 5:22cv1305, NOS: Trademark - Property Rights, Categories: Trademark
J. Cote finds for the defendant business partner in a fraud suit alleging the partner induced the plaintiff partner to invest $225,000 in an import business based in Thailand, then embezzled the money himself. However, there is no evidence that the funds were diverted or used for any purpose other that business expenses. The investor's failure to inspect the inventory is not sufficient to prove the inventory did not exist.
Court: USDC Southern District of New York, Judge: Cote, Filed On: November 7, 2023, Case #: 1:22cv4465, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Business Practices
J. Bunn affirms the lower court's order revoking the probationer's supervised release from a 2018 sexual assault conviction, and sentencing him to two years imprisonment after he tested positive for cocaine and was charged with conspiracy to deliver crack cocaine following a traffic stop in November 2021. The trial judge did not abuse her discretion by conducting a hearing on the petition for revocation and making her own findings instead of empaneling a jury. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 7, 2023, Case #: 22-0197, Categories: Drug Offender, Sentencing, Sex Offender
J. Odenwald finds that the lower court properly convicted defendant of operating a vehicle in a careless manner and driving with his license revoked after he was found lying on the ground outside of the driver's side of his crashed truck. The evidence was sufficient to prove that defendant was the one operating his truck at the time of the crash. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: November 7, 2023, Case #: ED110894, Categories: Evidence, Vehicle
J. Stuart-Smith finds a lower court improperly dismissed a pregnant mother's claims of negligence against a hotel resort. The hotel resort argued that it is not liable for injuries she suffered while entering an outdoor pool. However, the expecting mother presented sufficient evidence in court that she slipped and fell in close proximity to the pool, which lacked treads. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart-Smith, Filed On: November 7, 2023, Case #: CA-2023-245, Categories: Negligence, Premises Liability
J. Kobes finds a lower court properly denied a citizen of Guatemala's request to remain in the U.S. The citizen of Guatemala argued that he would face persecution in his native land for being bisexual. However, he failed to present sufficient evidence in court that encountered extreme maltreatment and physical harm based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: November 7, 2023, Case #: 22-3318, Categories: Civil Rights, Immigration
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv134, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment
J. Kindred dismisses the matter as frivolous. The individual's "narrative contains unintelligible claims involving kidnapping, human trafficking, wrongful incarceration, the Magna Carta, embezzlement, evictions, garnished wages, denial of disability benefits, distribution of the Permanent Fund Dividend, genocide, and child abuse."
Court: USDC Alaska, Judge: Kindred, Filed On: November 7, 2023, Case #: 3:23cv136, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment