Verdict . News

Federal Circuit Court of Appeals

Federal Circuit Affirms Non-Infringement Ruling in Exercise Equipment Patent Case

The U.S. Court of Appeals for the Federal Circuit affirmed a district court's summary judgment of non-infringement in a design patent dispute between Range of Motion Products and Armaid Company. The case involved a patent for a body massaging apparatus, with Chief Judge Moore filing a dissenting opinion.

•Federal Circuit affirmed district court's summary judgment of non-infringement in favor of Armaid Company

•Case involved U.S. Design Patent No. D802,155 for a body massaging apparatus owned by Range of Motion Products

•Colorado Supreme Court granted certiorari to review Court of Appeals decision on less drastic alternatives in child dependency cases

Colorado Supreme Court

Colorado Supreme Court Grants Cert on Child Welfare Standards

The Colorado Supreme Court has granted certiorari to review a Court of Appeals decision regarding when less drastic alternatives must be considered in child dependency cases. The case will examine whether such alternatives need to be "currently available" when determining child placement options.

•Case will examine whether alternatives must be 'currently available' when courts consider child placement options

•Colorado Supreme Court declares anti-SLAPP appeal provisions unconstitutional for violating appellate jurisdiction requirements

Colorado Supreme Court

Colorado Supreme Court Strikes Down Anti-SLAPP Appeal Provision

The Colorado Supreme Court ruled that portions of the state's anti-SLAPP statute violate the Colorado Constitution by allowing county court final judgments to bypass required appeal procedures. The court held that such appeals must go through district courts or the Supreme Court itself, not directly to the Court of Appeals.

•County court final judgments must be appealed through district courts or Supreme Court, not Court of Appeals

•Colorado Supreme Court rejected Black defendant's selective prosecution claim in felony murder case

Colorado Supreme Court

Colorado Supreme Court Rejects Selective Prosecution Claim in Murder Case

The Colorado Supreme Court rejected a Black defendant's claim of selective prosecution in a felony murder case where only non-Black co-defendants received plea bargain offers. The court ruled that Demarea Deshawn Mitchell was not similarly situated to his co-defendants because he was the one who actually shot and killed the victim.

•Court ruled defendant was not similarly situated to co-defendants because he was the actual shooter

•Idaho Supreme Court agreed magistrate court made jurisdictional error but denied emergency mandamus petition

Idaho Supreme Court

Idaho Supreme Court Denies Emergency Petition in Child Custody Case

The Idaho Supreme Court denied an emergency petition for writ of mandamus filed by pro se litigant Veronica L. Baiz, who sought to compel a magistrate court to enforce a child custody modification judgment. While the Court agreed the magistrate court erred in its jurisdictional analysis, it ruled the matter should have been appealed to district court.

•Case involved enforcement dispute over child custody modification and Idaho Family Law Rule 816 compliance requirements

First Circuit Court of Appeals

First Circuit Affirms USPS Case Dismissal Over Witness Tampering

The First Circuit Court of Appeals affirmed a district court's dismissal of an employment case against the U.S. Postal Service after finding that plaintiff Orlando González Tomasini tampered with a witness on the eve of trial.

•First Circuit affirmed dismissal of employment case against USPS for witness tampering

•District court held three-day evidentiary hearing before finding misconduct occurred

First Circuit Court of Appeals

2w ago•2 min read

1st Circuit Reviews BlueRadios Malpractice Suit Against Patent Firm

The First Circuit Court of Appeals is reviewing a legal malpractice case brought by Colorado tech company BlueRadios against Massachusetts patent law firm Hamilton, Brook, Smith & Reynolds and several attorneys. The appeal challenges a district court ruling in what appears to involve allegations of conflicted representation.

•BlueRadios appeals district court ruling in malpractice case against Massachusetts patent firm HBSR

•Company alleges the law firm engaged in conflicted representation described as 'two-timing'

Third Circuit Court of Appeals

3rd Circuit Affirms Child Pornography Conviction in Kidnapping Case

The U.S. Court of Appeals for the Third Circuit rejected John Vincent Watson's appeal of his conviction on five counts of producing child pornography. Watson kidnapped a 14-year-old girl for three days and filmed sexual acts with her before she escaped and called police.

•Watson kidnapped a 14-year-old girl for three days and filmed sexual acts with her using his cellphone

•The Third Circuit rejected Watson's appeal challenging his conviction on five counts of producing child pornography

Fifth Circuit Court of Appeals

2w ago•5 min read

5th Circuit Reviews NLRB Decision in Harvard Maintenance Labor Case

The Fifth Circuit Court of Appeals is reviewing a National Labor Relations Board decision involving Harvard Maintenance, Incorporated and former employee Carina Cruz. The case centers on allegations that Cruz faced supervisory threats and termination after filing complaints about collective bargaining agreement violations.

•Harvard Maintenance employee Carina Cruz was terminated after filing collective bargaining agreement violation complaints

•An NLRB administrative law judge found the company unlawfully threatened, suspended, and fired Cruz in retaliation