17 results for 'judge:"Nichols"'.
J. Nichols grants the communications conglomerate's motion to dismiss the right-wing broadcaster's counterclaims seeking indemnification in a suit brought by a voting machine company alleging that the broadcaster defamed the voting machine company in connection with the 2020 presidential election. The broadcaster has not pleaded facts tying this suit to allegedly disparaging statements made by the conglomerate's subsidiaries or its former board chair, nor presented a plausible theory as to why those statements would have influenced the voting machine maker to sue the broadcaster. Non-disparagement provisions in the broadcaster's contract with the communications conglomerate, therefore, do not create an obligation to indemnify the broadcaster. Tortious interference claims also fail, since the broadcaster has not plausibly alleged that the board chair was acting as an agent of the voting machine company or its majority owner when the communications company's subsidiary satellite TV provider dropped the broadcaster.
Court: USDC District of Columbia, Judge: Nichols, Filed On: April 9, 2024, Case #: 1:21cv2130, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation, Indemnification
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J. Nichols finds, in part, for a pharmaceutical company on its action against the Food and Drug Administration for its failure to hold a hearing on the company's challenge to its refusal to approve its drug, Hetlioz, for jet lag disorder. The FDA fails to show its delay in acting on the company's request for a hearing is merely modest, nor has it shown it will be unduly burdened by quickly commencing a hearing.
Court: USDC District of Columbia, Judge: Nichols, Filed On: January 26, 2024, Case #: 1:22cv2775, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Health Care
J. Nichols finds that the trial court properly sentenced defendant for sexually abusing minor girls and adult women on Snapchat by blackmailing them into sending him sexually explicit photographs and videos of themselves, and threatening to post nude photos of the victims online or kill them if they did not comply with his demands. There is no basis to conclude that the trial court’s sentencing defendant to 184.5 to 369 years in prison was unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: December 5, 2023, Case #: J-S36021-23, Categories: Criminal Procedure, Sex Offender, Threats
J. Nichols finds that the lower courts properly sentenced defendants for driving under the influence in two separate cases that Pennsylvania now raises for appeal, arguing both sentences failed to properly take into account prior offenses. New sentences in these cases would violate the constitutional protections guaranteed to defendants by the double jeopardy clause. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: October 10, 2023, Case #: J-S13004-23, Categories: Sentencing, Double Jeopardy, Dui
[Consolidated.] J. Nichols finds that the lower court partially improperly granted summary judgment in favor of a husband and wife in this family owned company dispute with the husband’s brother, a partial owner. The court improperly concluded that a deadlock on matters meant the family company must be ordered to dissolve. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: August 1, 2023, Case #: J-A06019-23, Categories: Property, Business Practices, Contract