154 results for 'filedAt:"2024-02-09"'.
J. Taranto finds that the court of federal claims properly ruled in patent claims concerning "doubly transgenic mice with accelerated pathology for Alzheimer's Disease" because the U.S. had a license to practice the patent and have the patent practiced on its behalf. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: February 9, 2024, Case #: 22-2248, Categories: Patent
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: Criminal Procedure, Drug Offender, Dui
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J. Kasubhai denies the adhesive manufacturing company's motion for a new trial for the software company's lawsuit alleging that the adhesive manufacturing company copied the protected design of the software company's patent for its serial number encoder, as the patent partially relates to systems for encoded and commissioned wireless radio frequency identification devices. The adhesive manufacturing company claims that a new trial is warranted because the court improperly excluded the opinion of its invalidity expert, but the adhesive manufacturing company does nothing to prove that the court's thorough review of the expert's testimony should not have resulted in his exclusion.
Court: USDC Oregon, Judge: Kasubhai, Filed On: February 9, 2024, Case #: 6:17cv1685, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Doss finds in this restricted appeal that the lower court improperly entered a default judgment against the appellant company in this suit on a sworn account. The record shows that the appellant "was not served in strict compliance" with the rules. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 9, 2024, Case #: 07-23-00389-CV, Categories: Civil Procedure, Contract
J. Sutton finds the lower court properly dismissed the immigrants' request for civil penalties after the government inadvertently filed an unsealed affidavit in response to the immigrants' visa application complaint. Although federal law prevents disclosure of applicants' personal information, not only had the immigrants already disclosed the identifying information in previous filings, but the government requested the affidavit be sealed the following day; therefore, any disclosure was negligent, not willful. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: February 9, 2024, Case #: 23-5867, Categories: Civil Procedure, Immigration, Negligence
J. Salter entered answers concerning Governor Kristi Noem's request for advisory opinion on nine individual and fact-specific questions concerning the constitutional restriction upon legislators. The Governor's nine questions addressed a range of issues on legistlative restriction topics including contracts, employment status and retirement compensation.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 9, 2024, Case #: 2024SD11, Categories: Administrative Law
J. McDonald finds that the lower court improperly suppressed evidence of a chemical breath test obtained via search warrant after defendant was pulled over. The deputy did not invoke an implied consent procedure, so no due process right was implicated when defendant was asked to blow into a breathalyzer machine. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1530, Categories: Search, Dui, Due Process
J. Welbaum finds that although no one, including the victim, witnessed defendant remove the victim's breast from her jacket and grope her while she slept, his conviction for gross sexual imposition was supported by sufficient, circumstantial evidence, including the victim's testimony she woke up several times after feeling someone grope her and eventually woke up to defendant having vaginal intercourse with her. Meanwhile, the trial court was not required to give a curative instruction to the jury following an emotional outburst by the victim after defendant's mother made faces and reacted inappropriately to her testimony at trial. The statements made by the victim were consistent with her testimony and did not affect the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 9, 2024, Case #: 2024-Ohio-481, Categories: Evidence, Sex Offender, Jury Instructions
Per curiam, the Vermont Supreme Court finds the family court properly terminated the mother’s parental rights to her children. The evidence supports that she has a loving bond with the children, but the finding regarding the mother’s stagnation in her process towards reunification was due to her choices within her control, so termination is in the best interest of the children. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-304, Categories: Family Law, Guardianship
J. Edison recommends granting, in part, a retirement association and pension fund's motion for class certification in their securities action against an oil exploration and production company. The company has rebutted certain claims falling beyond 2018; therefore, the class period will be limited to September 2016 to February 2018.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: February 9, 2024, Case #: 4:21cv575 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: Energy, Securities, Class Action
J. McCafferty partially grants a communication company’s motion to prevent the technology corporation Nokia from relying on the duty to mitigate as an affirmative defense at trial because Nokia failed to plead the duty to mitigate in its answer during a pretrial conference. Nokia may not “rely on the affirmative defense of the duty to mitigate at trial,” but it doesn’t have to exclude all evidence “that may be relevant to the duty to mitigate regardless of its relevance to other issues at trial.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: February 9, 2024, Case #: 1:20cv949, NOS: Other Contract - Contract, Categories: Communications, Contract, Technology
J. White dismisses civil rights claims against Santa Clara's Department of Health and Human Services from two people who were subjected to sexual abuse by their foster parents when they were kids. The two say that county officials ignored obvious red flags and didn't properly inspect the home before they were placed there, but the county never got word of any complaints about the foster parents and there is no evidence they broke any protocols in selecting them as caregivers. The claims are mostly based on speculation and broad conclusions that are not strong enough for Monell and state law claims to stand upon.
Court: USDC Northern District of California, Judge: White, Filed On: February 9, 2024, Case #: 4:22cv4948, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Agency
[Consolidated]. J. Pitts declines to dismiss class antitrust claims against Energizer, who consumers are suing for making a deal with Walmart that allows the supermarket to set the retail prices for Energizer products where they are sold. There are three different classes suing, and they have shown evidence of this agreement between the companies and that it resulted in unfairly high prices.
Court: USDC Northern District of California, Judge: Pitts, Filed On: February 9, 2024, Case #: 5:23cv2093, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Chen dismisses all RICO claims against X, formerly Twitter, from a migrant who studied in the United States for several years before being captured and allegedly tortured by the government of Saudi Arabia. He says he was captured for being critical of the Saudi government on his X account and that company officials conspired with the Saudi government to turn over his location and account information. He has failed to state any actionable claim under the Alien Tort Statute, and even if he did, his RICO claims are barred by the four-year statute of limitations.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 9, 2024, Case #: 3:23cv2369, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, International Law, Racketeering
Per curiam, the appellate division finds that the trial court improperly admitted statements defendant made to police in his trial for endangering the welfare of a child and weapons charges, which stemmed from his holding a handgun to his girlfriend's head in the presence of her 15-year-old daughter, because prosecutors failed to demonstrate defendant waived his Miranda rights. The court improperly admitted a switchblade seized after police searched the residence because the emergency exception no longer applied since defendant was already in police custody. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01848, Categories: Miranda, Search, Weapons
J. Russell grants a credit union’s motion to dismiss in this vehicle loan dispute brought by a buyer. The buyer says the credit union did not provide the correct disclosures, violating Truth in Lending Act, and that he filed to rights of recission letters that were not answered. He fails to establish an claims under the Act or for unauthorized use. The credit union’s motion to strike the purchaser’s surreply is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 9, 2024, Case #: 1:22cv3247, NOS: Truth in Lending - Torts - Personal Property, Categories: Banking / Lending
J. McDonald finds that a welder was properly awarded permanent partial disability benefits and reimbursement of expenses for an independent medical examination for a shoulder injury because the injury caused a new permanent partial disability unrelated to a previous shoulder injury he settled while working for the same company. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1421, Categories: Workers' Compensation
J. Cole finds that the lower court improperly entered judgment on an application for writ of habeas corpus, instructing the Alabama Department of Corrections to calculate the correctional-incentive time due to the applicant. The applicant did not use the "proper legal mechanism" to challenge the department's decision regarding correctional-incentive time. Accordingly, the matter is remanded so that the case can be transferred to Montgomery Circuit Court, where the petition should be treated "as a petition for a writ of certiorari." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: February 9, 2024, Case #: CR-2023-0426, Categories: Criminal Procedure, Prisoners' Rights