Courts & Litigation

Commonwealth v. Jean P. Durand - Criminal Assault and Battery Appeal

The Massachusetts Appeals Court affirmed a conviction for assault and battery by means of a dangerous weapon causing serious bodily injury. The court found sufficient evidence to sustain the conviction despite the defendant's claim of not being criminally responsible due to mental illness.

Agnitti v. Philip Morris USA Inc. - Massachusetts Appeals Court Opinion

The Massachusetts Appeals Court issued an opinion in Agnitti v. Philip Morris USA Inc., affirming a jury verdict for the defendant. The plaintiff appealed jury instructions related to claims of negligence, product defect, fraud, and violations of the Consumer Protection Act.

Commonwealth v. Greg McCollum - Massachusetts Appeals Court Opinion

The Massachusetts Appeals Court vacated judgments against Greg McCollum for operating under the influence (OUI) and negligent operation of a motor vehicle. The court found the verdicts and subsequent offense finding to be in error and set them aside.

Massachusetts Appeals Court Opinion on Marcie's Care

The Massachusetts Appeals Court issued a non-precedential opinion affirming a Juvenile Court judgment that found parents unfit and granted permanent custody of a child to the Department of Children and Families (DCF). The decision addresses parental unfitness due to housing, educational, and medical neglect, as well as substance use and mental health issues.

Colorado Bankruptcy Court Opinion on Homestead Exemption

The US Bankruptcy Court for the District of Colorado issued an opinion regarding a Chapter 7 Trustee's objection to a debtor's claim of homestead exemption. The case involves the debtors' assertion of a homestead exemption over two adjacent properties, one with a single-family home and the other with a manufactured home occupied by their adult son.

Fifth Circuit Affirms Dismissal of Selective Building Code Enforcement Lawsuit

The Fifth Circuit affirmed the district court's dismissal of a lawsuit alleging selective enforcement of building codes. The plaintiff claimed a violation of the Fourteenth Amendment's Equal Protection Clause. The court found the complaint failed to state a claim.

San Carlos Apache Tribe v. US Forest Service - Land Exchange Dispute

The Ninth Circuit Court of Appeals affirmed the denial of a preliminary injunction against a congressionally mandated land exchange involving the Tonto National Forest. The court found that plaintiffs' claims under NEPA, NHPA, RFRA, and the Constitution were unlikely to succeed on the merits, allowing the land exchange to proceed.

Ninth Circuit: Preliminary Injunction Against Montana's HB 359 Affirmed

The Ninth Circuit affirmed a district court's preliminary injunction against Montana's HB 359, which restricts 'drag story hours' and 'sexually oriented performances.' The court found that plaintiffs are likely to succeed on their First Amendment claims, enjoining enforcement of the law. The ruling impacts state officials and entities receiving state funding.

Cervantes-Torres v. USA - Amended Opinion on Coram Nobis Petition

The Ninth Circuit Court of Appeals issued an amended opinion in Cervantes-Torres v. USA, affirming the district court's partial denial of a coram nobis petition. The court held that the petitioner failed to demonstrate a fundamental error regarding his firearm possession convictions under 18 U.S.C. § 922(g).

Ninth Circuit Affirms Denial of Preliminary Injunction in Land Exchange Case

The Ninth Circuit Court of Appeals affirmed the district court's denial of a preliminary injunction against a land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act. The ruling impacts approximately 2,500 acres of National Forest land, including Oak Flat, and a significant copper deposit. The court found plaintiffs' claims under NEPA, NHPA, RFRA, and the Constitution unlikely to succeed.