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General Motors Corp. v. Urban Gorilla, LLC - Trade Dress Infringement
The Tenth Circuit Court of Appeals affirmed the district court's denial of a preliminary injunction sought by General Motors against Urban Gorilla, LLC. GM alleged that Urban Gorilla's body kits infringed on GM's trade dress rights for its Hummer vehicles. The court found GM failed to show a strong likelihood of success on the merits.
US v. Kelly - Sentencing Appeal
The Tenth Circuit Court of Appeals affirmed the resentencing of Ronald Daniel Kelly for possession of pseudoephedrine with intent to manufacture methamphetamine. The court found no error in the district court's determination of the drug quantity and the resulting sentence.
Vigil v. South Valley Academy - Court Order on Briefs
The Tenth Circuit Court of Appeals affirmed a lower court's decision in Vigil v. South Valley Academy, granting the parties' request for a decision on briefs without oral argument. The court found no error in the district court's grant of summary judgment and qualified immunity to the defendants.
Kanelakos v. Astrue - Social Security Disability Appeal
The Tenth Circuit Court of Appeals substituted Michael J. Astrue for Jo Anne B. Barnhart as appellee in the case of James L. Kanelakos v. Michael J. Astrue. The court granted the parties' request for a decision on the briefs without oral argument, reversing and remanding the case with instructions to the Commissioner of the Social Security Administration.
Hinkley v. Roadway Express, Inc - Labor Dispute
The Tenth Circuit Court of Appeals affirmed a district court's summary judgment in favor of Roadway Express, Inc. and Teamsters Local Union #41 in a labor dispute filed by Randal Hinkley. The court found no evidence that the union breached its duty of fair representation in handling the grievance regarding Hinkley's termination.
Gonzalez Tomasini v. DeJoy - Employment Case Appeal
The First Circuit Court of Appeals affirmed a district court's decision to dismiss an employment case against the United States Postal Service. The dismissal was based on a finding that the plaintiff, Orlando González Tomasini, tampered with a witness, his former wife, by attempting to dissuade her from testifying.
BlueRadios Inc. v. Hamilton, Brook, Smith & Reynolds, P.C. - Legal Malpractice Appeal
The First Circuit Court of Appeals partially reversed and vacated a district court ruling in a legal malpractice case brought by BlueRadios Inc. against law firm Hamilton, Brook, Smith & Reynolds, P.C. The appellate court found that BlueRadios' claims might not be untimely and that an attorney-client relationship could exist, remanding the case for further proceedings.
Barrett v. United States - Firearms Offenses and Cumulative Punishments
The Supreme Court ruled in Barrett v. United States that a single act violating both 18 U.S.C. §924(c)(1)(A)(i) and §924(j) can only yield one conviction, not two. This decision resolves a circuit split regarding cumulative punishments for firearms offenses that cause death.
Hebert v. Donahue - Insurance Policy Dispute
The First Circuit Court of Appeals affirmed a district court's decision regarding the proceeds of a federal life insurance policy. The court found that the designation of beneficiaries was valid, awarding the proceeds to the deceased's ex-wife and sons rather than his estate.
Supreme Court: Delaware affidavit law not applicable in federal court
The Supreme Court ruled that Delaware's affidavit of merit law does not apply in federal court for medical malpractice cases. The Court held that Federal Rule of Civil Procedure 8, which requires a 'short and plain statement of the claim,' displaces contrary state pleading rules.
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