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  • U.S. v. Starling

    Publication Date: 2023-08-10
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Dennis Jacobs
    Attorneys: For plaintiff: For Plaintiff-Appellee: Kenneth A. Polite, Jr., Assistant Attorney General, and Lisa H. Miller, Deputy Assistant Attorney General, on the brief, Michael A. Rotker, United States Department of Justice, Criminal Division, Washington, DC.
    for defendant: For Claimant-Appellant: Seth M. Young, on the brief, Robert E. Johnson, Institute for Justice, Shaker Heights, OH. For Plaintiff-Appellee: Grace M. Carducci, Assistant United States Attorney, for Trini E. Ross, United States Attorney for the Western District of New York, Buffalo, N.Y.
    Case Number: 22-659

    Letters Seeking to File Claim to Seized Assets Should Have Been Assessed Under Good Cause

  • United States v. United States Sugar Corp.

    Publication Date: 2023-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Federal Government | Food and Beverage | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: Jonathan S. Kanter, Doha Mekki, Maggie Goodlander, David B. Lawrence, Daniel E. Haar, Nikolai G. Levin, Peter M. Bozzo, Brian Hanna, Jonathan Y. Mincer, U.S. Department of Justice Antitrust Division, Washington, DC for plaintiff-appellant.
    for defendant: Melissa Arbus Sherry, Amanda P. Reeves, Lindsey S. Champlin, David L. Johnson, Charles S. Dameron, Latham & Watkins LLP, Washington, DC; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Christopher S. Yates, Latham & Watkins LLP, San Francisco, CA; Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Timothy G. Cameron, Peter T. Barbur, David R. Marriott, Daniel K. Zach, Michael K. Zaken, Lindsey J. Timlin, Hannah L. Dwyer, Cravath, Swaine & Moore LLP, New York, NY; Amanda L. Wait, Norton Rose Fulbright US LLP, Washington, DC; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Daniel K. Hogan, Hogan McDaniel, Wilmington, DE for defendant-appellees.
    Case Number: 22-2806

    Rather than employ the hypothetical monopolist test analysis for determining product market under Section 7 of the Clayton Act, the Third Circuit affirmed the District Court's analysis using the actual market for refined sugar as the product market definition.

  • United States v. Vargas

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-20140

    Appellant pled guilty to conspiring to possess cocaine after he and his co-conspirator were arrested in a Wal-Mart parking lot where they had agreed to meet an undercover agent to pay $125,000 in exchange for 5 kg of cocaine.

  • Enriquez v. State of Texas

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Rodriguez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-21-00424-CR

    Appellant was a passenger in a car stopped for an expired license plate and displaying the wrong registration insignia.

  • Boyd v. McNamara

    Publication Date: 2023-08-07
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Elrod
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-50945

    A prisoner, who was repeatedly tased during pretrial detention at a county jail, successfully proved on appeal that the trial court erred in finding no genuine issues of material facts to justify summary judgment in favor of the county.

  • January v. City of Huntsville

    Publication Date: 2023-08-07
    Practice Area: Civil Appeals | Civil Rights | Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Clement
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-20380

    A firefighter, who filed suit against the city for wrongful termination, failed to prove on appeal that the trial court erred in finding no genuine issues of material fact to justify summary judgment.

  • Membreno-Hernandez v. Bank of Am., N.A.

    Publication Date: 2023-08-07
    Practice Area: Civil Appeals | Creditors' and Debtors' Rights
    Industry:
    Court: Court of Appeals
    Judge: Justice Silva
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-22-00390-CV

    Appellee Bank of America sued appellant on an account stated claim to collect the unpaid balance of $4,739.71 on her credit card account which it claimed was past due.

  • S. Cent. Jurisdictional Conference of the United Methodist Church v. SMU

    Publication Date: 2023-08-07
    Practice Area: Civil Appeals | Civil Procedure | Contracts
    Industry:
    Court: Court of Appeals
    Judge: Justice Goldstein
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 05-21-00151-CV

    Appellee, Southern Methodist University, was founded in 1911 and its original charter stated that it was "to be forever owned, controlled and managed" by a predecessor conference of appellant South Central Jurisdiction Conference of the United Methodist Church.

  • United States v. Capistrano

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Higginbotham
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-10620

    Appellant Capistrano operated multiple pain clinics as a pill mill.

  • In the Interest of B. R., a Child

    Publication Date: 2023-08-04
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, Emily Harris, Jerry Thacker, (Attorney General), Atlanta, for appellee; Douglas Pack, (Pearl & Associates), Chamblee, Bidisha Idnani, (DeKalb County Child Advocacy Center), Decatur, for other party.
    Case Number: A23A0194

    Court vacates two juvenile court orders on dependency and remands for specific findings on parental unfitness and clarification of what had been continued