188 results for 'filedAt:"2023-07-06"'.
J. Bucklo denies the plaintiff laminating company’s motion for summary judgment on patent infringement claims it brings against its competitor, the defendant laminating company. The court also grants the defendant laminating company’s cross-motion for summary judgment on the same claims, finding the plaintiff company has not provided sufficient evidence to show the defendant company violated any patents.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 6, 2023, Case #: 1:20cv1833, NOS: Patent - Property Rights, Categories: Patent, Business Practices
J. Nega finds for the commissioner of internal revenue in this tax liability dispute because corporate shareholders were not entitled to the research credit and the commissioner properly assessed accuracy related penalties.
Court: U.S. Tax Court, Judge: Nega, Filed On: July 6, 2023, Case #: 2023-84, Categories: Tax
J. Bourliot finds that the trial court properly awarded the auto upholstery business $5.8 million in its suit against the electric utility over a fire that caused significant property damage. The utility's jurisdictional challenge is without merit, and the evidence supports the finding that its negligent maintenance of an electrical transformer caused the fire. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: July 6, 2023, Case #: 14-20-00250-CV, Categories: Evidence, Damages, Negligence
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J. Penzato finds that defendant was properly convicted and sentenced for second degree murder of a victim who was shot in the parking lot of a business during a drug buy. Defendant's Batson challenge fails since there is no proof of racial discrimination by the state in striking the potential juror. Also, defendant's evidentiary objections are without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: July 6, 2023, Case #: 2022KA0940, Categories: Evidence, Jury, Murder
J. Gruender finds a lower court properly dismissed a citizen of Mexico's motion to remain in the U.S. The native of Mexico, a rancher, argued that he would face violence upon his return to his native land based on allegations that he would be kidnapped and forced to pay ransom. However, he failed to present sufficient evidence in court that he is a member of a particular social group who would be targeted and persecuted. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: July 6, 2023, Case #: 22-2472, Categories: Civil Rights, Immigration
J. Zipps grants Dairy Queen's cross motion for summary judgment concerning contract claims against a sub-franchisee. Dairy Queen sufficiently showed that a franchisee breached the parties' agreement by refusing to direct sub-franchisees to install a new integrated technology platform into a point-of-sale cash register system.
Court: USDC Arizona, Judge: Zipps, Filed On: July 6, 2023, Case #: 4:22cv335, NOS: Other Statutory Actions - Other Suits, Categories: Licensing, Contract
J. Cota grants, in part, a daughter’s motions in limine in her civil rights case regarding the police shooting-related death of her father. Evidence of the amount of drugs in the decedent's body at the time of the shooting will excluded as irrelevant, along with his criminal history that was unknown to the officers at the time of the shooting.
Court: USDC Eastern District of California, Judge: Cota, Filed On: July 6, 2023, Case #: 2:20cv1435, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Menendez partially grants the sheriff's deputy's motion for summary judgment in the father's case against him and his employer stemming from the shooting of his son. The deputy is not entitled to qualified immunity, since his decision to shoot the son was not made objectively reasonable by the son's brief turning of his head such that a gun, pointed at his head, could theoretically have fired a bullet through the head and in the general direction of officers. A failure-to-train claim against the county is dismissed, however, since the father has not provided sufficient evidence for a factual dispute over whether the county received notice of a pattern of unconstitutional acts. The deputy and county's motions to strike a dash-camera footage exhibit is denied, and their motions to exclude two experts' reports and testimony are granted in part.
Court: USDC Minnesota, Judge: Davis, Filed On: July 6, 2023, Case #: 0:20cv2474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Moore finds that the arbitrator improperly upheld a correction officer's dismissal based on her personal relationship with a former inmate because the arbitrator failed to analyze relevant facts and relied on the warden's analysis. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: July 6, 2023, Case #: 22-1575, Categories: Employment
J. Partida-Kipness finds that the lower court properly granted an escrow agent's no-evidence motion for summary judgment in this breach of contract and fiduciary duty action involving the appellants' effort to raise maritime investment funds. The ruling was appropriate, as the lower court sustained the agent's objections to "the affidavit and supporting exhibits." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 6, 2023, Case #: 05-22-00337-CV, Categories: Fiduciary Duty, Contract
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial when a witness testified after being present in the courtroom for the testimony of other witnesses during defendant's trial on robbery and grand theft charges. Although the witness based part of her identification of defendant on previous witness testimony, the court did not allow the prosecution to redirect and issued a corrective instruction to the jury before its deliberations, which prevented any prejudicial effect. Meanwhile, the failure by defense counsel to request a separation of witnesses at the outset of the trial did not constitute ineffective assistance because numerous witnesses made identifications of defendant and there is no indication the outcome of the trial would have been different with a separation request. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 6, 2023, Case #: 2023-Ohio-2296, Categories: Fair Trial, Robbery, Identification
[Consolidated.] J. Reynolds Fitzgerald finds that the lower court properly held that a mother neglected her daughter and son and that her boyfriend abused the girl and derivatively neglected the boy. The daughter's out-of-court statements about the abuse were sufficiently corroborated by medical personnel who examined her to support findings entered against the boyfriend. The mother had been unaware of the abuse, but her inability to accept her boyfriend's role in such supported the neglect finding. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: July 6, 2023, Case #: 533885, Categories: Family Law
J. Aarons finds that a college student was properly denied tuition assistance under a program that helps disabled people maintain independent living and employment because the program required participants to establish that less than half their total support comes from a relative. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: July 6, 2023, Case #: 534947, Categories: Education
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and weapons charges because video footage did not show codefendant entering defendant's white sedan, and defendant's presence near the shooting was not conclusive as to his involvement in the crime. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: KA 20-00081, Categories: Evidence, Murder
J. Ezra finds that a district court erred in denying defendant's motion for a sentence reduction after defendant pleaded guilty to possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. District courts may consider non-retroactive changes in post-sentencing decisional law affecting the applicable sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Ezra , Filed On: July 6, 2023, Case #: 22-30021, Categories: Drug Offender, Firearms, Sentencing
Per curiam, the appellate division finds that the lower court properly granted the state's application for continued confinement of a schizophrenic man who killed his building superintendent, believing the superintendent wanted to hurt him and his granddaughter. The record supports a finding that the man still suffers from a dangerous mental disorder and transfer to a non-secure facility might place endanger staff and other patients. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03751, Categories: Commitment
J. Kilbane finds the trial court erroneously denied defendant's motion for a mistrial in a rape case. The state's failure to disclose a 46-minute video interview of the victim with police until the middle of defendant's trial on a rape charge violated his due process and fair trial rights. Although the prosecutor claimed it inadvertently failed to disclose the video and had also not seen it prior to trial, the defense theory of the case relied on inconsistencies in the victim's story, several of which were included on the video. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: July 6, 2023, Case #: 2023-Ohio-2292, Categories: Fair Trial, Sex Offender, Discovery
J. Eid grants the federal government's request to dismiss claims from two former armed service members who objected to a Covid-19 vaccination requirement. The case is moot for numerous reasons, such as the two not being in the military anymore and the fact that the mandate has since been removed.
Court: 10th Circuit, Judge: Eid, Filed On: July 6, 2023, Case #: 22-1032, Categories: Covid-19
J. Pritzker finds that the lower court improperly adjudicated a then-12-year-old as a juvenile delinquent for making unauthorized credit card purchases after taking his stepfather's wallet because speedy trial standards were violated in performing status assessments. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 6, 2023, Case #: 534910, Categories: Juvenile Law, Speedy Trial
J. Lynch finds that the lower court improperly terminated a mother's parental rights based on permanent neglect because the mother, who struggles with mental health issues, was offered such disjointed assistance that services did not constitute diligent efforts to provide necessary parenting and life skills. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 6, 2023, Case #: 534330, Categories: Family Law
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant, a border patrol officer, by guilty plea for accepting a bribe by a public official. Defendant argues that a sentencing guideline cross-reference doesn’t apply to him, being there was no conspiracy and the only drugs were sham cocaine transported by an undercover agent. This argument fails because, as an officer, defendant orchestrated a drug vehicle crossing. A two-level enhancement for an aggravating-role adjustment was improperly applied. The conviction along with the cross-reference are affirmed. The enhancement for his aggravating role is vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-40512, Categories: Drug Offender, Conspiracy, Bribery
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: Employment, Government, Labor / Unions
J. Ceresia finds that the lower court improperly assessed equal liability between the state as overseer and a swimmer in claims brought after she injured her toe on a ledge in a natural swimming area located in a gorge. The ledge was open and obvious, and the swimmer assumed a reasonably foreseeable risk of injury by swimming in the gorge. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 6, 2023, Case #: 534775, Categories: Negligence