18 results for 'judge:"Stark"'.
J. Stark finds that the district court improperly granted enhanced damages for willful infringement in this patent action because the patent claims were invalid, and the action should be remanded for dismissal on mootness grounds. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: May 2, 2024, Case #: 2022-2064, Categories: Civil Procedure, Patent
J. Stark finds that the district court improperly determined a patent for dining mats for toddlers was invalid as obvious because while a reasonable fact finder could determine the prior art describes a self-sealing function, one could just as well not find that to be the case.
Court: Federal Circuit, Judge: Stark, Filed On: April 12, 2024, Case #: 2022-1905, Categories: Patent
J. Stark finds that the trial court improperly dismissed an appeal brought under the Contract Disputes Act concerning an FDA contract because the civilian board of contract appeals failed to provide the company an opportunity to be heard.
Court: Federal Circuit, Judge: Stark, Filed On: March 6, 2024, Case #: 22-1784, Categories: Civil Procedure, Contract
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: Property, Immunity, Jurisdiction
J. Stark finds defendant is not entitled to withdraw her no-contest plea leading to a judgment of conviction for conspiracy to deliver more than 50 grams of methamphetamine and a sentence of 12 years' confinement and 15 years' supervision. Even though the circuit court's plea colloquy was defective because it never corrected false information defendant received from her counsel saying she faced a potential maximum sentence of 46 years instead of the 40 years she actually faced under the terms of her plea agreement, defendant's plea was knowing, intelligent and voluntary because she understood the potential punishment she faced despite being told she may receive a sentence not substantially higher than was actually possible. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: February 6, 2024, Case #: 2022AP000199-CR, Categories: Drug Offender, Plea
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J. Stark finds that the court of federal claims improperly dismissed this post-award bid protest concerning a contract to provide software consulting services to the Department of Veterans Affairs because the company had standing to challenge the solicitation and evaluation process, and the claims should have been considered on the merits. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: January 29, 2024, Case #: 2022-1759, Categories: Contract
J. Stark finds that the court of federal claims properly found for the U.S. in claims stemming from the construction of a new aircraft carrier maintenance pier because the contractor failed to demonstrate entitlement to recover additional compensation due to site conditions. Affirmed.
Court: Federal Circuit, Judge: Stark, Filed On: December 11, 2023, Case #: 2022-1740, Categories: Construction, Contract
J. Stark finds the circuit court properly found in favor of the town in the homeowners' lawsuit seeking damages for flooding on their property they say was caused by the town's negligent repairs to a neighboring highway. The homeowners' claims are barred and preempted by the relevant statutes related to claims against municipalities over flooding caused by highway construction, in part because some of their claims, including for inverse condemnation, were untimely under one statute's three-year statute of limitations. The circuit court's summary judgment ruling in favor of the town stands, as does its dismissal of the homeowners' lawsuit with prejudice. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: December 5, 2023, Case #: 2022AP001567, Categories: Municipal Law, Property, Damages
J. Stark finds that the court of international trade improperly overturned the president's modification of a proclamation related to imported solar panels because the modification did not violate regulations contained in the trade act. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: November 13, 2023, Case #: 22-1392, Categories: Trade
J. Stark finds the circuit court properly denied the credit union's motion to compel arbitration in a class action lawsuit from a consumer claiming the credit union collected unlawful overdraft fees from its members. The credit union did not have contractual authority to add an arbitration clause to its membership agreement in 2021 and use it to attempt to compel arbitration and withdraw its members' right to participate in class action litigation, as that term was not part of the original contract at dispute. The consumer, who opened his account in 1991, also did not technically approve of the clause by not specifically opting out of its provisions and continuing to use his account, so it cannot be enforced against him. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: October 24, 2023, Case #: 2022AP000887, Categories: Arbitration, Class Action, Contract
J. Stark finds that the trademark trial and appeal board improperly canceled a registered trademark held by a steak and seafood restaurant because the board lacked authority to cancel a fraudulently obtained mark. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: October 18, 2023, Case #: 2022-1212, Categories: Fraud, Trademark
[Consolidated.] J. Stark finds that the trial court improperly ruled in patent claims concerning dual-aperture camera systems because issues of overall obviousness remain in dispute.
Court: Federal Circuit, Judge: Stark, Filed On: October 16, 2023, Case #: 2022-1340, Categories: Patent
J. Stark finds the board properly denied the company’s motion to amend, concluding that the substitute claim is broader than original claim impermissibly. Affirmed.
Court: Federal Circuit, Judge: Stark, Filed On: September 1, 2023, Case #: 2022-1387, Categories: Patent
J. Stark finds that the lower court improperly found in favor of the widow for her lawsuit alleging that the agricultural service is liable for the death of her husband, who fell into a gravity-operated hopper trailer that was attached to a semi-tractor and was smothered by the trailer’s cargo of corn gluten, which came from the agricultural service. The husband's death falls under a motor vehicle accident because the tractor-trailer was designed mainly to transport property on highways, even if it was not on a highway at the time of the husband's death. Also, the widow's negligence claim is not timely because it was filed over two years after the estate's cause of action accrued.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: August 8, 2023, Case #: 2022AP1346, Categories: Negligence, Wrongful Death
J. Stark finds the circuit court correctly used its discretion to grant the property owner a default judgment against the zoning appeals board for failing to timely respond to his complaint for certiorari review of the board's denial of his appeal of its decision finding that two cabins next to his property did not fit the definition of a "resort" under county zoning ordinances. The property owner followed proper civil procedure by filing a summons and complaint with the circuit court and serving the board with those documents, and the circuit court applied the proper standard of law by entering a default judgment when the board failed to timely file a responsive pleading. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: July 25, 2023, Case #: 2022AP001577, Categories: Civil Procedure, Zoning
J. Stark finds that the veterans court properly denied benefits based on evidence of the veteran's "willful and persistent misconduct." Affirmed.
Court: Federal Circuit, Judge: Stark, Filed On: July 14, 2023, Case #: 22-1607, Categories: Veterans
J. Stark finds in favor of the town in a dispute from residents asking for a mandamus order forcing the town to act on its petition to either get the town to adopt their proposed boating ordinance related to concerns over hazardous wakes in town waterways or put the ordinance to a vote with electors. The circuit court correctly denied the residents' mandamus petition, as the relevant Wisconsin direct legislation statute does not apply to towns and does not give the residents the authority to order the town to act on its ordinance petition. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: June 20, 2023, Case #: 2022AP000720, Categories: Government, Municipal Law