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. 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. Zouhary grants the insurer's motion for summary judgment, ruling salvage expenses related to the sunken yacht are not covered by its policy, which includes a captain's warranty that provides coverage only if the vessel is being navigated by a single, named captain. Therefore, because the yacht's owner changed captains and failed to inform the insurance company, his claim was properly denied because the captain named in the policy was not operating the vessel at the time of its sinking.
Court: USDC Northern District of Ohio, Judge: Zouhary, Filed On: February 6, 2024, Case #: 3:21cv2047, NOS: Marine - Contract, Categories: Insurance, Maritime
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J. Wynn finds the lower court improperly granted summary judgment to the news outlet on copyright claims stemming from the website Independent Journal Review's use of a Ted Nugent photo in an online article. The concert photographer who took the photo of Ted Nugent that the news outlet used for publication without obtaining permission still had copyright registration for the pictures. They cannot rely on the fair use defense as they did not alter anything from the photo. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: February 6, 2024, Case #: 21-2021, Categories: Copyright
J. McShane declines to dismiss the federal claims in the residential patients' complaint accusing the hospital of revising its rules about handling patient mail and personal property, which prevented the patients from sending or receiving previously allowed packages, including three-dimensional artwork and Native American religious sacraments. The patients plausibly allege that the hospital's employees acted as state officials who implemented a policy that deprived the patients of their rights to free speech and religious freedom.
Court: USDC Oregon, Judge: McShane, Filed On: February 6, 2024, Case #: 6:22cv1982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, First Amendment
[Consolidated.] J. Bethel finds that the trial court properly convicted defendants of murder, aggravated assault with a deadly weapon, battery and possession of a firearm during the commission of a crime. Defendants failed to show that their trial attorneys performed deficiently or that they were prejudiced by their attorneys' alleged deficiencies. Multiple eyewitnesses testified that they saw one defendant shoot the victim at the murder scene. Eyewitnesses testified that they either saw the co-defendant shoot the victim or saw the co-defendant with a gun at the murder scene. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: February 6, 2024, Case #: S23A0854, Categories: Ineffective Assistance, Murder
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
J. McMillian finds that the trial court properly convicted defendant of murder and cruelty to children. Sufficient evidence was presented to support defendant's convictions, including evidence that the two-year-old victim suffered fatal injuries on an evening when only defendant was with him. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: February 6, 2024, Case #: S23A0864, Categories: Murder, Child Victims
Per curiam, the circuit finds that the district court properly dismissed class due process claims when the New York City Fire Department instituted a Covid-19 vaccination mandate and suspended or fired employees not in compliance. A federal due process violation would not have occurred even if state collective bargaining procedures were not followed in making vaccination a new work condition because plaintiffs received adequate notice of the change and an opportunity to seek accommodation. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-663, Categories: Employment, Due Process, Covid-19
J. Miller enters an order amending a previous Ninth Circuit opinion directing that no further petitions for rehearing be allowed in an immigration matter. An immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The immigrant alleged that the criminal charges were misapplied to him and that they actually involved his brother.
Court: 9th Circuit, Judge: Miller, Filed On: February 6, 2024, Case #: 20-72510, Categories: Immigration
J. Clement finds the district court improperly dismissed the Texas inmate's pro se complaint for failure to timely effect service. The complaint was filed against five Texas prison officers, alleging they had allowed the inmate to bleed out for 45 minutes before rendering aid after he had been stabbed nine times by another inmate. The inmate also claims the officers retaliated with excessive force for his filing of a grievance. The court improperly refused to allow defendant leave to proceed in forma pauperis, which prejudiced his chances of effecting service. Reversed.
Court: 5th Circuit, Judge: Clement , Filed On: February 6, 2024, Case #: 22-40731, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. Stuart- Smith finds a lower court properly ordered the destruction of an aggressive pit bull terrier named "Lightning." The dog owner argued that the court applied a higher standard on the animal based on its breed. However, the Chief Constable of Police presented sufficient evidence in court that the dog was dangerous and unmuzzled, and escaped its owner and bit a civilian in the neck and leg, forcing him to pepper spray the animal. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: February 6, 2024, Case #: CA-2023-1090, Categories: Evidence, Negligence
J. Doherty finds that the lower court improperly dismissed the hospital's petition for administrative review of the board's decision to issue a permit for a another hospital to build a 28-bed facility in Quincy, Illinois. The moving parties never established the date on which service of the decision occurred because the plaintiff hospital was not entitled to be served with that decision. Therefore, further discovery is needed to determine when the 35-day period to sue began. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 6, 2024, Case #: 230282, Categories: Administrative Law, Civil Procedure
Per curiam, the circuit upholds the district court's denial of former President Trump’s motion to dismiss the government’s criminal indictment against him related to the January 6th breach of the Capitol Building. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.” Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-3228, Categories: Obstruction, Conspiracy
J. Pirtle finds the county court improperly found the newly discovered, deceased adult child to be a devisee of the father's will. The deceased child's estate objected to the known adult children's assertion that they were the sole devisees, and the county court found the deceased child to be a devisee. The will unambiguously distributes property in equal proportions to the father's surviving named children, born to or adopted by him after the will's execution. This does not include the newly-discovered adult child. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 6, 2024, Case #: A-23-197, Categories: Family Law, Wills / Probate, Contract
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: Family Law, Health Care, Guardianship
J. Arrowood finds that the trial court properly determined contributory negligence in claims brought after plaintiff got hit in the eye by a golf ball after drinking a substantial amount of moonshine and beer with a group of players because plaintiff, who admitted he "by far had the most alcohol that day" and had fallen while teeing up at the 16th hole, failed to take ordinary measures to ensure his own safety, which constituted a proximate cause of the injury. Affirmed.
Court: North Carolina Court of Appeals, Judge: Arrowood, Filed On: February 6, 2024, Case #: COA23-576, Categories: Negligence
J. Combs finds the court of appeals improperly vacated the trial court's granting of summary judgment to the oil production company. The trustees say they are entitled to a greater royalty according to a lease agreement executed by their predecessors-in-interest. The trial court properly applied the 15-year statute of limitation to the trustees' quiet title claim, and in determining the quiet title claim accrued more than 15 years ago. No error is found in the court's denying the trustees' motion to compel production of title opinions in the company's possession. Whether the trustees hold marketable title is distinct from the issue of which lease controls. Vacated.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: February 6, 2024, Case #: 119366, Categories: Energy, Property, Trusts