US Courts

Oklahoma Court of Criminal Appeals Rule Revision

The Oklahoma Court of Criminal Appeals has revised Rule 1.7 to update the correct and current mailing address for the Clerk of the Court. These amendments are effective immediately upon the date of the order.

Shelton v. Patton - Motion to Dismiss Opinion

The District of Delaware issued an opinion in Shelton v. Patton, addressing defendants' motions to dismiss all five counts of the plaintiff's complaint. The court is considering whether the complaint states a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6).

Astellas Pharma Inc. v. Ascent Pharmaceuticals, Inc. - Patent Infringement

The US District Court for the District of Delaware issued a Memorandum and Order in a patent infringement case involving Astellas Pharma Inc. and Ascent Pharmaceuticals, Inc. The case concerns Ascent's Abbreviated New Drug Application (ANDA) for a generic version of Astellas's Myrbetriq® and alleges infringement of several patents under the Hatch-Waxman Act.

Teacher v. Principal - First Amendment Prayer Rights

The Fifth Circuit Court of Appeals is reviewing a principal's claim of qualified immunity in a lawsuit filed by a teacher who alleges her prayer on school grounds was prohibited. The court will determine if the principal's actions violated the teacher's First Amendment rights.

Fifth Circuit Affirms Dismissal of Employment Discrimination Case

The Fifth Circuit affirmed a district court's decision to dismiss a plaintiff's employment discrimination and retaliation claims with prejudice. The dismissal was based on the plaintiff's counsel's repeated failure to comply with discovery orders and court deadlines over four years of litigation. The court found the dismissal to be a proper exercise of discretion.

Ayestas v. Harris County District Attorney's Office - Habeas Corpus

The Fifth Circuit Court of Appeals vacated a discovery order in a habeas corpus case involving a capital murder conviction. The court found that the district court lacked jurisdiction over the selective-prosecution claims, vacating the order that compelled the Harris County District Attorney's Office to produce internal memoranda.

Sophia Terry v. William Powley - Contempt of Court

The Massachusetts Appeals Court affirmed a Probate and Family Court judgment finding a mother not in contempt for alleged violations of a parenting time order. The court found insufficient evidence of clear and convincing disobedience of the court's command regarding supervised parenting time.

Commonwealth v. Scott K. Tavares - Probation Violation Appeal

The Massachusetts Appeals Court issued a non-precedential opinion affirming an order revoking Scott K. Tavares' probation. The defendant appealed, claiming ineffective assistance of counsel and due process violations related to new criminal offenses alleged as probation violations.

Guy Maddalone v. Board of Appeals of Nantucket - Zoning Special Permit Appeal

The Massachusetts Appeals Court issued a non-precedential opinion affirming a Land Court judgment that upheld the Nantucket Board of Appeals' decision to grant a special permit. The permit allows for the renovation and enlargement of existing structures on a property, despite objections from an abutter.

Thomas B. Francis, Third v. Suffolk County Sheriff's Department - Employment Discrimination Appeal

The Massachusetts Appeals Court issued a non-precedential opinion affirming a lower court's decision regarding employment discrimination claims. The plaintiff appealed after a jury found in favor of the employer on retaliation claims, following summary judgment on sexual harassment and age discrimination claims.