13 results for 'judge:"Marshall"'.
J. Marshall grants the protester $1.1 million in attorney fees after a jury found in his favor and awarded him $85,000 in damages on his excessive force and Monell claims that were part of his complaint alleging that the city's officers beat him for participating in a protest against the murder of George Floyd. The city requests a fee reduction because the protester did not prevail on all of his claims, but "the time spent on claims for which plaintiff did not prevail cannot reasonably be separated from time spent on claims on which plaintiff did prevail."
Court: USDC Central District of California, Judge: Marshall, Filed On: April 19, 2024, Case #: 2:21cv6470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
J. Marshall finds that the commissioner of internal revenue should be denied dismissal of a petition challenging tax liability because plaintiff filed the petition within the automatic 60-day extension granted due to a federally declared disaster.
Court: U.S. Tax Court, Judge: Marshall, Filed On: April 2, 2024, Case #: 162TC7, Categories: Civil Procedure, Tax
J. Marshall grants in part a company's motion for the award of reasonable royalties in a trademark infringement dispute. A jury found in favor of the company for misappropriation of trade secrets and infringement of the company's registered trademark. The court issued a preliminary injunction enjoining the infringer from disclosing the company's trade secrets or marketing or selling the infringing implant. For the misappropriation of trade secrets claim and a doctor's breach of the non-disclosure agreement, $5.7 is awarded as a reasonable royalty, $11.5 million in exemplary damages, and $1 million for the counterfeit mark claim.
Court: USDC Central District of California, Judge: Marshall, Filed On: March 28, 2024, Case #: 2:20cv3503, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
J. Marshall finds for the commissioner of internal revenue in this tax liability dispute because business deductions were not properly substantiated.
Court: U.S. Tax Court, Judge: Marshall, Filed On: March 13, 2024, Case #: 2024-29, Categories: Tax
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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. Marshall rules in part for the commissioner of internal revenue in tax liability claims by reducing unreported income by the total of returned property related to federal drug charges. The taxpayer is responsible for the remainder of unreported income from the sale of marijuana as well as associated penalties.
Court: U.S. Tax Court, Judge: Marshall, Filed On: December 18, 2023, Case #: 2023-150, Categories: Tax
J. Marshall finds for the commissioner of internal revenue in this tax dispute because the gain from the variable prepaid forward contracts with two different investment banks are calculated by taking the prepayment amount received and subtracting the basis in the transactions.
Court: U.S. Tax Court, Judge: Marshall, Filed On: November 2, 2023, Case #: 161TC9, Categories: Tax
J. Marshall finds that a jury must be presented with certain questions before the court can rule on whether the officer is entitled to qualified immunity from claims stemming from an incident in which he shot a driver during an early morning traffic stop, causing the driver to become paralyzed. The jury must resolve disputes as to whether the driver was driving or parked when the officer turned on his lights and whether the officer drew his weapon before or after he smelled marijuana and saw smoke.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: November 2, 2023, Case #: 3:19cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Marshall grants a police officer’s motion for summary judgment against claims of having used excessive force when tasing a man, paralyzing him, when responding to a domestic violence call.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: July 17, 2023, Case #: 3:21cv75, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Marshall finds in favor of the driver on her claims that the California Highway Patrol improperly impounded her vehicle for 30 days. Ninth Circuit precedent holds that the government’s community-caretaking justification for impounding a vehicle does not apply once a licensed driver is available to take possession of the car. In this case, the individual went to the CHP office with a licensed driver, but the CHP did not release the vehicle. The individual is granted summary judgment on her Fourth Amendment and due process claims.
Court: USDC Central District of California, Judge: Marshall, Filed On: May 31, 2023, Case #: 2:20cv2779, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, Due Process