Archive for March, 2010
Today, the Seventh Circuit decided a criminal matter, a former inmate’s civil rights action and a tax matter involving a taxpayer’s challenge to the IRS’s increase the amount of income tax withholdings. In US v. Krumwiede, No. 08-4081, the court faced a challenge to the district court’s imposition of a 140-month sentence for stealing thirty-four [...]
March 31st, 2010 | Posted in 7th COA | No Comments
In US v. Boesen, No. 08-3842, the Eighth Circuit affirmed defendant’s health care fraud convictions, holding that defendant’s Rule 33 motion for a new trial was untimely because defendant did not file a Rule 33 motion within seven days after the verdict, and did not ask the district court for an alternative determination about a [...]
March 31st, 2010 | Posted in 8th COA | No Comments
The Federal Circuit decided a suit brought by two taxpayers claiming that the tax assessments against are invalid and a patent infringement suit. Bush v. US, No. 09-5008, involved taxpayers’ consolidated tax refund suits claiming that the IRS failed to issue deficiency notices as required by law and thus, claiming that the tax assessments against [...]
March 31st, 2010 | Posted in Federal Circuit | No Comments
In US v. Suarez, No. 08-13675, the court of appeals affirmed defendants’ alien smuggling convictions and sentences, holding that 1) there was no reasonable basis to believe that the testimony of the aliens defendant was alleged to have smuggled would be material and favorable to him; 2) an agent’s testimony regarding the contents of the [...]
March 31st, 2010 | Posted in 11th COA | No Comments
Sneed v. Johnson, No. 07-3349, involved a challenge to the district court’s denial of a death-row inmate’s petition for habeas relief. As stated in the decision: “In the present case, Sneed’s counsel produced 17 witnesses, including three psychological experts, at least some of whose testimony concerned Sneed’s mental health and severely troubled childhood.” In rejecting [...]
March 31st, 2010 | Posted in 6th COA | No Comments
US v. Mardis, No. 09-5696, involved a district court’s denial of defendant’s motion to dismiss a federal indictment for civil rights murder of an enforcement officer and related crimes, claiming a violation of the Double Jeopardy Clause because the federal indictment was brought subsequent to defendant’s nolo contendere plea on a related charge in state [...]
March 31st, 2010 | Posted in 6th COA | No Comments
Evanston Ins. Co. v. Dillard Dept. Stores Inc., No. 09-20261, concerned defendants’ appeal from the district court’s summary judgment order holding them personally liable to plaintiff for a judgment originally entered against their law firm partnership. The court of appeals affirmed, holding that 1) the Texas Revised Partnership Act imposed joint and several liability on [...]
March 31st, 2010 | Posted in 5th COA | No Comments
Yesterday, President Barak Obama signed the bill overhauling the student loan industry into law. This law will make major changes in student loan programs, most notably, cutting out banks as middlemen and making the education loans a direct government to student transaction. The changes in this law are expected to save taxpayers about $68 billion dollars over the [...]
March 31st, 2010 | Posted in Daily Legal News | No Comments
If only the real CSI in Columbus, Ohio, was as slick as those guys on the show(s). A major mistake and lack of communication between the city’s CSI team and detectives investigating the murder of Dennis Lewis led them to falsely accuse his twin brother Derris of the crime. On March 29, the Columbus City Council approved [...]
March 31st, 2010 | Posted in Daily Legal News | No Comments
(U.S. Fed. Cir., Intellectual Property, Patent) In an action claiming infringement of patents relating to power supply systems for controlling, programming and monitoring point-of-load (POL) regulators, judgment against defendant is affirmed where: 1) the district court’s claim construction of the term “POL regulator” was adequate to fully describe the scope of the claims; 2) the [...]
March 31st, 2010 | Posted in Patent Law | No Comments