96 results for 'filedAt:"2024-04-15"'.
J. Quattlebaum finds the lower court properly granted summary judgment to the United States Patent and Trademark Office. The creators of TImberland boots sought to register certain features from the design of its popular boot under the Lanham Act as trade dress. The law prohibits the registration of product designs that have not acquired a distinctive meaning identifying the product with its maker in the minds of the consuming public, including Timberland boots. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: April 15, 2024, Case #: 23-1150, Categories: Patent, Trademark, Agency
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
J. Phillips finds that the lower court properly ordered the enforcement of a subpoena against a doctor regarding an investigation into his practice of being the "second-most prolific prescriber" of benzodiazepines in New Mexico. The feds began looking into his dealings and issued an administrative subpoena against him, which the doctor challenged on constitutional grounds. But none of his arguments, such as claiming that the Fifth Amendment’s privilege against self-incrimination would shield him from complying with the order, have merit under the law. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: April 15, 2024, Case #: 23-2073, Categories: Criminal Procedure, Constitution, Discovery
J. Robinson finds that the trial court improperly dismissed an aunt’s amended petition for third-party visitation of her niece. The aunt alleges that she had a parent-like relationship with her niece and, if visitation was denied, the niece would suffer significant harm since she was the primary caregiver. The niece’s biological mother died, and the biological father was awarded custody. The case is remanded for further proceedings for the aunt to prove her parent-like relationship. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 15, 2024, Case #: SC20832, Categories: Evidence, Family Law, Wills / Probate
J. Immergut denies summary judgment to the owner, the ranch and the livestock company for their counterclaim alleging that the cattle company sold 9,900 cattle as part of a partnership, but wrongfully withheld the sales proceeds. There is a genuine dispute as to whether the cattle company improperly kept the cattle sale proceeds from the sale of the partnership cattle.
Court: USDC Oregon, Judge: Immergut, Filed On: April 15, 2024, Case #: 3:22cv768, NOS: Other Contract - Contract, Categories: Fraud, Partnerships, Contract
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J. Kennelly partially grants account executive employees’ motion for sanctions against their employer, a logistics firm. The employees accused the firm of wrongly denying them overtime pay, and in subsequent proceedings a magistrate judge found the firm had violated its discovery obligations. This court affirms some of the objections the firm had raised to the magistrate judge’s sanction recommendations, but overrules others. The court also orders the firm to pay the employees almost $88,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 15, 2024, Case #: 1:16cv7331, NOS: Fair Labor Standards Act - Labor, Categories: Sanctions, Attorney Fees, Class Action