15 results for 'judge:"Hughes"'.
J. Hughes finds that the district court should not have denied a store owner’s motion for summary judgment on a wrongful death action filed by the family of a decedent who was shot and killed in the store parking lot. When the decedent and the shooter got into an argument they were not acting as store patrons, and when the decedent slapped the shooter, he committed the crime of battery to which the store owner had the duty to protect its current patrons from. The family did not show that the store owner owed a duty to protect the decedent from the shooter. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: May 10, 2024, Case #: 2023-CC-00955, Categories: Negligence, Contract
J. Hughes finds that the court of international trade properly dismissed this appeal for lack of jurisdiction over customs and border protection's assessment of countervailing and antidumping duties because the importer failed to exhaust administrative remedies. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 8, 2024, Case #: 22-2079, Categories: Commerce, Trade, Jurisdiction
J. Hughes finds that the court of international trade properly ruled in this antidumping dispute because evidence indicates U.S. Steel did not reimburse an affiliated U.S. importer for antidumping duties. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: April 4, 2024, Case #: 22-2078, Categories: Commerce, Trade
J. Hughes finds that the district court properly dismissed a third-party asbestos abatement company's Louisiana Unfair Trade Practices Act claim against a school after the school terminated its contract with the general contractor when finding asbestos fibers in the school. Although the abatement company could have stated a cause of action under contract law, there is no cause of action under the Louisiana Unfair Trade Practices Act. In this case, the state is a customer acting in furtherance of its governmental function of maintaining school buildings in good repair and free
from health hazards. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: January 26, 2024, Case #: 2023-CC-00794, Categories: Education, Evidence, Asbestos
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J. Hughes finds that the board of contract appeals properly declined to dismiss this dispute as untimely since claims raised by the U.S. had not accrued until the department of defense received an inadequate cost proposal for support services. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: January 24, 2024, Case #: 2022-1763, Categories: Civil Procedure, Contract
J. Hughes finds that the international trade commission properly ruled in this patent dispute over a "universal control engine" for media devices since evidence indicated the patent was obvious in light of the prior art. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: January 19, 2024, Case #: 2022-1386, Categories: Patent
J. Hughes finds that the employment of a department of homeland security field officer was improperly terminated on arbitration after he he falsified his time sheet and a travel report because the arbitrator failed to consider the employee's claims that his discipline was inconsistent with other similarly situated federal employees. Reversed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 20, 2023, Case #: 2022-2003, Categories: Arbitration, Employment
J. Hughes finds that the court of international trade properly determined the department of commerce was not allowed to make market situation adjustments to the price of producing steel pipes in determining anti-dumping margins. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 4, 2023, Case #: 2022-1175, Categories: Commerce, Trade
J. Hughes finds that the veterans' court properly denied an extra-schedular rating for plaintiff's lumbar spine injury since the director properly considered recommendations from agency officials. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: November 7, 2023, Case #: 2022-1670, Categories: Veterans
J. Hughes finds that the Court of Appeals for Veterans Claims properly denied the veteran’s claim for service connection for several conditions, including PTSD and a psychiatric disorder. There was insufficient evidence to confirm a link between his conditions and his service. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: August 3, 2023, Case #: 2022-1089, Categories: Government, Veterans
J. Hughes finds that the putative biological father in this case has no fundamental constitutional right to parent a child born to a mother, who was married to and living with another man at the time of the child’s conception and birth. Under statute, a biological father is given a limited one-year
window in which to file a paternity action when there is a legal father. Based on the jurisprudence of the Supreme Court, there does not exist an unqualified fundamental right for the biological father to the child. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: June 27, 2023, Case #: 2023-CJ-00060, Categories: Evidence, Family Law