152 results for 'filedAt:"2024-02-06"'.
J. Marshall finds for the commissioner of internal revenue in this tax liability dispute since the taxpayer constructively received gross income when he criminally forfeited his IRA.
Court: U.S. Tax Court, Judge: Marshall, Filed On: February 6, 2024, Case #: 2024-16, Categories: Tax
J. Kennelly partially grants multiple motions from both parties in this patent infringement suit. A data management company claims Amazon infringed on three of its patents for data storage protocols, and in turn Amazon brought counterclaims for non-infringement, unpatentability, unenforceability and invalidity. In a complex ruling, the court partially grants and partially denies both parties’ motions for summary judgment for portions of one other’s claims. The court also denies Amazon’s motion to strike analysis from one of the data management company’s experts, but grants the data management company’s motion to strike the analysis from one of Amazon’s experts.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 6, 2024, Case #: 1:18cv8175, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
J. Kobes finds a lower court properly sentenced a defendant to 180 months in prison for engaging in a conspiracy to traffic thousands of oxycodone and fentanyl pills, travelling from Michigan to North Dakota. The defendant argued that his three level sentence enhancement is unreasonable. However, the government presented sufficient evidence in court that he acted as a manager in the drug trafficking ring when he directed a new recruit to distribute opioid tablets and other pills. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 6, 2024, Case #: 23-1522, Categories: Drug Offender, Evidence, Sentencing
J. Underhill finds a lower court properly denied a Turkish national's motion to remain in the U.K. The Turkish national argued that he is entitled to relief based on his marriage to a British national. However, the home department presented sufficient evidence in court that he is removable for possessing an illegal Glock 17semi-automatic pistol without a firearm certificate. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Underhill, Filed On: February 6, 2024, Case #: CA-2023-606, Categories: Immigration
J. Herndon finds the district court improperly denied the former mayor's anti-SLAPP special motion to dismiss a former city manager's tortious interference with employment and civil conspiracy claims arising from her alleged wrongful termination. The district court considered only communications made by the mayor in a public forum, according to the relevant statute, without considering whether another section of the statute applied. Private conversations about an issue of public concern may be protected by anti-SLAPP statutes, and the court did not consider whether certain communications at issue were made in good faith. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 6, 2024, Case #: 84442, Categories: Anti-slapp, Employment, Government
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J. Frimpong grants in part a motion for monetary sanctions in the amount of $149,787 against an importer and its counsel for causing a mistrial in a trade secrets suit against former employees who formed a competitive business. The importer's counsel asked one of the former employees a question concerning a settlement communication during the trial, which "fairly well and truly tainted" the jury. The judge granted the motion for mistrial, recused himself, and the case was transferred to another judge. The judge properly exercised his discretion in granting a mistrial. He held a hearing with the parties and considered their arguments prior to granting the mistrial.
Court: USDC Central District of California, Judge: Frimpong, Filed On: February 6, 2024, Case #: 2:22cv2120, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Sanctions, Trade Secrets
J. Riedmann finds the county court improperly dismissed the biological father’s application to set aside the stepparent adoption. The mother claimed the father had abandoned the child and that she did not need his permission for the adoption, and the father asked the matter be set for hearing. The court found the application to sound in equity and that it lacked jurisdiction. Furthermore, the court said the hearing was to determine whether the application should be heard, then ruled an evidentiary hearing should be held. The court did not decide the merits, which remain pending. Reversed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 6, 2024, Case #: A-23-429, Categories: Family Law, Due Process, Guardianship
J. Welch finds the trial court properly convicted defendant for assault on a peace officer based on sufficient evidence. When officers responded to a report by defendant's mother that defendant, who has a history of mental illness, was in an altercation with this brother, an altercation ensured between he and the officers. Defendant was not acting in self-defense, and the court properly found he was a habitual criminal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 6, 2024, Case #: A-23-087, Categories: Evidence, Sentencing, Assault
J. Arterburn finds the workers compensation court properly entered an award finding the worker had suffered a work-related injury to his foot and was entitled to disability benefits. The award was not clearly wrong and the company's allegations are moot because the worker died prior to receiving services. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 6, 2024, Case #: A-23-457, Categories: Health Care, Workers' Compensation
J. Hampson finds that the trial court improperly ruled in this dispute over retirement benefits because the board of education falls under the definition of local government and thus the officers are entitled to participate in the supplemental retirement income plan.
Court: North Carolina Court of Appeals, Judge: Hampson, Filed On: February 6, 2024, Case #: COA22-1044, Categories: Employment
J. Wright grants the insurer's motion to dismiss the school district's claims against it in a suit alleging that its insured, a construction company, allowed rainwater to accumulate near its construction site and damage a school gymnasium. The school has not established that an exception to the rain-damage exclusion in the insured's policy exists to warrant coverage of the damage to the gymnasium.
Court: USDC Minnesota, Judge: Wright, Filed On: February 6, 2024, Case #: 0:23cv2047, NOS: Insurance - Contract, Categories: Insurance, Contract
Per curiam, the appellate division finds that the lower court properly denied the clinic's petition to vacate an arbitration award denying it claim for no-fault medical services rendered to the insured. The law permits an insurer to deduct from first-party benefits to reimburse a person for economic loss on account of personal injury arising out of the use of a motor vehicle. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00599, Categories: Arbitration, Insurance, Vehicle
Per curiam, the appellate division finds that the lower court properly ordered the voting machine maker to produce redacted text messages related to the deletion of previous messages. However, the majority of the subject text messages are protected from disclosure as they discussed trial preparation and Fox has not demonstrated a substantial need for the text messages. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00603, Categories: Defamation, Discovery, Privilege
Per curiam, the appellate division finds that the lower court properly denied the condo's petition to annul the city's approval of a nearby blood center's rezoning application. The city found no exposure risk in the blood center's plan to modernize its current lab and that the special permit for scientific research facilities was sought for planned commercial lab spaces in higher floors and not the blood center's own facilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00596, Categories: Zoning
J. Bury grants the Center for Biological Diversity's motion for summary judgment against the Environmental Protection Agency. The Center for Biological Diversity sufficiently showed in court that the EPA violated the notice and comment mandates for issuing “new use” pesticide registrations for OTT dicamba for cotton and soybean crops. The court vacates the 2020 registrations for XtendiMax, Enginia, and Tavium.
Court: USDC Arizona, Judge: Bury, Filed On: February 6, 2024, Case #: 4:20cv555, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Government, Negligence
[Consolidated.] J. Stinson grants the contractor's motion for summary judgment. The Army Corp of Engineer's contracting officer denied the contractor's claims regarding defective specification and differing site conditions as to its contract to perform repairs to the Tuttle Creek Stilling Basin. The government argues the contractor failed to raise the issue of additional costs incurred for sidewalk placement prior to contract award, waiving its right to challenge liquidated damages. The contractor was not aware of the additional costs pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: February 6, 2024, Case #: 62657, Categories: Government, Contract
J. Clay finds the lower court properly granted the brake manufacturer's motion for summary judgment on indemnification claims. Not only did Nissan fail to produce any evidence at the product liability trial that the brake system was defective and played a role in numerous car accidents, but the jury in the product liability action also failed to attribute any blame to the brake parts, which prevents Nissan from recouping any of the damages awarded by the jury. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 6, 2024, Case #: 22-5469, Categories: Product Liability, Indemnification, Contract
Per curiam, the Ninth Circuit denied petitions for rehearing in a matter, finding that the district court was incorrect in exercising personal jurisdiction over an Indian satellite and space corporation under the Foreign Sovereign Immunities Act. The company failed to establish that the Indian company had the requisite minimum contacts for personal jurisdiction.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 20-36024, Categories: Corporations, Jurisdiction
J. McMillian finds that the trial court properly convicted defendant of murder and other offenses. The trial court correctly found that defendant failed to show he was prejudiced by the 19-year delay between his conviction and his direct appeal. Defendant has not shown that he probably would have prevailed on his claim of ineffective assistance of counsel if the delay had not resulted in the destruction of medical records showing that he had hand injuries at the time of the shootings. Defendant failed to show that the records could have supported a defense that he was not capable of firing the gun. The trial court also correctly denied defendant's motion for mistrial. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: February 6, 2024, Case #: S23A0810, Categories: Murder, Due Process
J. Nowell finds that the lower court improperly entered judgment against the bar where an alleged shooter had been drinking prior to the shooting. The lower court erred by not granting the bar's motion for judgment notwithstanding the verdict, as the bar could not be held vicariously liable for the "actions or inactions" of its employee. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 6, 2024, Case #: 05-22-00374-CV, Categories: Civil Procedure, Negligence