60 results for 'judge:"Collins"'.
[Consolidated.] J. Collins finds that the trial court should have granted all the special anti-SLAPP motions to strike claims that the idea for the television series "Mixed-ish" was stolen. The making of a television series is protected activity, which satisfied the first element of the anti-SLAPP analysis. And the second element was satisfied by the challenger's failure to demonstrate a probability of success on her contract, breach of confidence, interference and misrepresentation claims. The challenger's work showed similarity to "Mixed-ish," but key elements in "Mixed-ish" appeared in the producers' own previous show, "Black-ish," while the "general theme, tone, characters, relationships, settings, and plots demonstrate that the two series are not substantially similar." Reversed in part.
Court: California Courts Of Appeal, Judge: Collins, Filed On: April 23, 2024, Case #: B316971, Categories: Anti-slapp, Contract
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, Property, Zoning
J. Collins grants Microsoft's motion to dismiss a language technology company's patent infringement claims. Microsoft sufficiently showed in court that the company's language technology formatting text method system is abstract and not "patent eligible."
Court: USDC Arizona, Judge: Collins, Filed On: March 29, 2024, Case #: 4:23cv520, NOS: Patent - Property Rights, Categories: Patent
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J. Collins finds that the district court properly denied defendant's habeas corpus petition challenging his state court convictions for attempted murder, battery and burglary arising from his stabbing attack on multiple employees at the Clark County Social Services office in Henderson, Nevada. Defendant contended that his trial counsel was ineffective in failing to pursue a defense of voluntary intoxication with respect to the charges that required the state to prove specific intent. Defendant did not present sufficient evidence for the ineffective assistance claims. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: March 19, 2024, Case #: 21-15806, Categories: Habeas, Ineffective Assistance, Murder
J. Collins finds that the district court properly entered default judgment against defendants, who engaged in insurance fraud. The district court concluded that defendants repeatedly failed to obey court orders related to discovery and entered default judgment against them. The district court also entered distinct sanctions on defendants. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: February 22, 2024, Case #: 22-55199, Categories: Fraud, Discovery
J. Collins vacates in part and reverses a district court dismissal for lack of personal jurisdiction regarding claims asserted against 11 foreign-based defendants in a putative class action that alleged that defendants violated federal and California law by participating in, or benefitting from, the distribution of videos on the internet that depicted the sexual abuse of the class and of other victims of childhood-sex trafficking. The district court erred in holding that it lacked specific personal jurisdiction. Reversed.
Court: 9th Circuit, Judge: Collins, Filed On: February 14, 2024, Case #: 22-55315, Categories: International Law, Class Action
J. Collins find that the district court improperly dismissed an action for lack of personal jurisdiction in which a class alleged that 11 foreign-based defendants violated federal and California law by participating in, or benefitting from, the distribution of videos on the internet that depicted the sexual abuse of victims of childhood sex trafficking. At least four of the videos depicting class lead, Jane Doe, were uploaded to two pornography websites. The district court erred in dismissing the remaining nine foreign defendants solely on the ground that there was no personal jurisdiction. Reversed.
Court: 9th Circuit, Judge: Collins, Filed On: January 2, 2024, Case #: 22-55315, Categories: Jurisdiction, Class Action
J. Collins finds that the district court properly entered convictions against two defendants on drug-trafficking and money-laundering charges in connection with their distribution of “spice,” a synthetic cannabinoid product. However, the lower court improperly entered mail and wire fraud convictions. The drug-trafficking charges were based on the premise that, although the particular cannabinoid that defendants used had not yet been specifically listed as a prohibited controlled substance, it was treated as a controlled substance because it was an “analogue” of a listed substance. The evidence at trial was insufficient to prove the mail-fraud and wire-fraud offenses charged in the indictment. Affirmed in part.
Court: 9th Circuit, Judge: Collins , Filed On: December 27, 2023, Case #: 20-10288, Categories: Drug Offender, Fraud
J. Collins finds that the district court properly entered convictions and sentences for various offenses arising from four individuals' participation in the January 2016 occupation of the Malheur National Wildlife Refuge in eastern Oregon. Sufficient evidence existed to support the convictions and sentences. Defendants engaged in the occupation of the wildlife refuge to oppose federal controls of public land. The incident led to the arrests of more than 40 individuals. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 7, 2023, Case #: 17-30242, Categories: Evidence, Sentencing
J. Collins finds that the district court properly denied defendant's second federal habeas corpus petition seeking to set aside his Idaho conviction for the 1984 shooting death of his ex-wife. New materials, viewed in light of the evidence as a whole, did not suffice to make a required showing of actual innocence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 4, 2023, Case #: 20-35875, Categories: Evidence, Habeas, Murder
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract