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https://www.courtlistener.com/api/rest/v3/opinions/7218566/ | Keywords: Interim Attorneys’ Fees and Costs; 42 U.S.C. § 300aa-15(e)(l); Motion for Review; 42 U.S.C. § 300aa-12(e)(2)(B); Forum Rate Rule; Davis County Exception.
OPINION AND ORDER
KAPLAN, Judge.
This case is currently before the Court on the government’s motion to review the Special Master’s award of interim attorney... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218567/ | Vaccine Act Case; Review of Claim for Attorneys’ Fees and Costs; Withdrawn Petition; Reasonable Basis for Filing; Standard of Review.
OPINION AND ORDER
WHEELER, Judge.
This vaccine case involves a challenge by the Secretary of Health and Human Services (“Respondent”) to the award of attorneys’ fees and costs to Petitio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218568/ | Vaccine case; Motion for Review; Hepatitis-B vaccination; Standard of review; Al-then\ Failure to establish causation; Motion for Review denied.
OPINION
SMITH, Senior Judge:
Petitioners, Dillon Copenhaver and Amanda Copenhaver, on behalf of their deceased minor child, Nicholas Copenhaver, seek review of a decision issu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218569/ | OPINION AND ORDER
Loren A. Smith, Senior Judge
This bid protest comes before the Court on the parties’ cross-motions for judgment on the Administrative Record. Plaintiff, Veterans Electric, LLC (“VE” or “Veterans Electric”), challenges the Department of Veterans Affairs (“VA” or “Agency”) Solicitation No. No: VA786-16-... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218570/ | Vaccine Act Case; Review of Claim for Attorneys’ Fees and Costs; Reasonable Basis for Filing; Recovery of Fees by Unsuccessful Petitioner, Standard of Review.
OPINION AND ORDER
THOMAS C. WHEELER Judge
WHEELER, Judge.
This vaccine ease involves a challenge by the Petitioner Julie Mounts, on behalf of her daughter, M.M.,... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218571/ | Contract Disputes Act; Partial Motion to Dismiss; Failure to State a Claim; Statute of Limitations; Equitable Tolling; Lack of Subject Matter Jurisdiction.
OPINION
HORN, J.
FINDINGS OF FACT
Plaintiff, Al-Juthoor Contracting Company, (Al-Juthoor), filed its original complaint in this court, alleging that defendant, the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218572/ | Keywords: Bid Protest; Solicitation Requirements; Redaction; Negotiated Procurement; Non-Conforming Proposal; Minor Informality or Irregularity.
OPINION AND ORDER
KAPLAN, Judge.
In this post-proposal, pre-evaluation bid protest, Plaintiff Strategic Business Solutions, Inc. (SBSI) challenges the Defense Intelligence Age... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218573/ | ORDER
PATRICIA E. CAMPBELL-SMITH, Chief Judge
On August 8, 2016, defendant filed a motion for clarification, explaining that contrary to plaintiffs representation, no notice of deficiency issued. Throughout proceedings before the United States Tax Court and the Supreme Court of the United States, Ms. Langley repeatedly... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218575/ | Pre-Award Bid Protest; Judgment upon the Administrative Record, RCFC 52.1; Organizational Conflict of Interest; Supplementing the Administrative Record.
MEMORANDUM OPINION AND ORDER
GRIGGSBY, Judge
I. INTRODUCTION
Plaintiff, Parcel 49C Limited Partnership (“Parcel 49C”), brought this pre-award bid *113protest matter ch... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218576/ | *174Pro Se Plaintiff; Subject Matter Jurisdiction; Tort Claims; Criminal Claims.
ORDER
HORN, J.
On November 3, 2016 joro se plaintiff Ni-coll Stewart filed a complaint in the United States Court of Federal Claims against various state agencies and personnel including the “Department of Descrimination.”1
Ms. Stewart all... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218578/ | Post-award bid protest; Price analysis; Price realism; waiver.
OPINION
BRUGGINK, Judge.
This is a post-award bid protest of the Army’s decision not to award one of several contracts for nursing, medical, and ancillary services in Hawaii and Guam to the plaintiff, Global Dynamics, LLC (“Global”). Oral argument on the pa... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218579/ | ORDER
LYNN J. BUSH, Senior Judge
The court has before it plaintiffs Motion for Clarification of Order, filed September 15, 2016. The parties disagree as to the scope of the court’s holding in its opinion issued February 4, 2016 (Opinion). Defendant’s position on the court’s rulings is correct, for the reasons set below... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218580/ | DISMISSAL ORDER
THOMAS C. WHEELER, Judge
On February 23, 2016, pro se Plaintiff Xiu Jian Sun, who refers to himself as “the spiritual Adam,” filed in this Court a document purporting to constitute a complaint against the United States. The case caption lists “President of U.S.A. Mr, Obama Barack-King Herod” as the defe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218581/ | *571ORDER OF DISMISSAL
MARY ELLEN COSTER WILLIAMS, Judge
Plaintiff pro se Eric Emanuel Taylor is a resident of Virginia. On May 9, 2006, Plaintiff was-given a five year suspended sentence for unlawful wounding in the Circuit Court of the City of Portsmouth, Virginia. Compl. Att. 1. Plaintiff alleges claims under the Fi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218582/ | *627ORDER
GRANTING DEPENDANT’S MOTION TO DISMISS
John P. Wiese, Senior Judge
Plaintiff is a pro se litigant proceeding here in forma pauperis. Plaintiff seeks to recover seaman’s double wages, authorized under the provisions of 46 U.S.C. § 10504(b), (c)(1) (2012), that he claims he is entitled to due to a delay in paym... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218583/ | *631ORDER OF DISMISSAL
WILLIAMS, Judge.
This military pay ease comes before the Court on Defendant’s motion to dismiss the complaint. For the reasons stated below, Defendant’s motion to dismiss is granted.
Background
Plaintiff pro se Gene Rana enlisted in the Army on November 4, 1990, and was discharged as a sergeant i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218584/ | *6RCFC 12(b)(1); RCFC 12(b)(6); Subject Mattel* Jurisdiction; Failure to State a Claim Upon Which Relief Can Be Granted; Pigford Litigation; Section 741; Consent Decree; Equal Credit Opportunity Act; Contractual Takings; Une-nacted Legislation; 2008 Farm Bill
OPINION AND ORDER
SWEENEY, Judge
- In this case, plaintiff C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218586/ | Post-Award Bid Protest; Judgment upon the Administrative Record; RCFC 52.1; Permanent Injunction.
MEMORANDUM OPINION AND ORDER
GRIGGSBY, Judge
I. INTRODUCTION
Plaintiff, By Light Professional Services, Inc. (“By Light”), brought this post-award bid protest matter challenging the United States Army Corps of Engineers’ (... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218587/ | ORDER OF DISMISSAL
WILLIAMS, Judge.
This matter comes before the Court on Defendant’s motion to dismiss. For the reasons stated below, Defendant’s motion to dismiss is granted.
Plaintiff pro se Donald Jones seeks a $540,000,000 award as a relator in a qui tam action pursuant to Section 3730(d) of the False Claims Act. ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218588/ | ORDER
James F. Merow, Senior Judge
On November 8, 2016, plaintiff filed a compilation of documents, including a civil cover sheet, a letter from the United Nations High Commission for Refugees, a letter reflecting the denial of a claim he made to the Department of Veterans Affairs, some documentation from the Social Se... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218589/ | *156ORDER OF DISMISSAL
MARY ELLEN COSTER WILLIAMS, Judge
This matter comes before the Court on Defendant’s motion to dismiss. For the reasons stated below, Defendant’s motion to dismiss is granted.
Plaintiffs complaint appears to be a form complaint for judicial review of a decision of the Commissioner of Social Securi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218591/ | RCFC 12(b)(1); Lack of Subject-Matter Jurisdiction
RCFC 12(b)(6); Failure to State a Claim
OPINION AND ORDER
Margaret M. Sweeney, Judge For Loren A. Smith, Senior Judge
This action is before the court on defendant’s motion to dismiss. On November 2, 2016, plaintiff, proceeding pro se, filed a complaint seeking various ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218592/ | Vaccine Act, 42 U.S.C. §§ 300aa-l et seq.-, Review of Special Master’s Decision; Off-Table Injury; Narcolepsy with Ca-taplexy
ORDER AND OPINION
Damich, Senior Judge:
On December 28, 2016, Petitioner, Mykelle Jivon D’Tiole, filed a petition for review of the Special Master’s Decision denying compensation under the Natio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218593/ | Post-Award Bid Protest; Cross Motions for Judgment on the Administrative Record; Price Realism.
OPINION
HORN, J.
The protestor, UnitedHealth Military & Veterans Services, LLC (M & V), filed a *532post-award bid protest in this court challenging the decision of defendant, the United States, through the United States Dep... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218596/ | OPINION
BRUGGINK, Judge.
Plaintiff, Dr. Kathleen Kaplan, appearing pro se, filed her complaint on January 27, 2014. Plaintiff is a former employee of the Air Force Office of Scientific Research (“AFOSR”), which is part of the Air Force Research Laboratory (“AFRL”), She brings this suit under the Equal Pay Act, 29 U.S.C... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218597/ | OPINION AND ORDER
SWEENEY, Judge
In this postaward bid protest, plaintiff Torres Advanced Enterprise Solutions, LLC (“Torres”) contends that the United States Department of State (“State Department”) improperly awarded a contract for local guard services at a United States embassy to defendant-intervenor G4S Joint Vent... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218598/ | OPINION AND ORDER
SMITH, Senior Judge
This bid protest action comes before the Court on the parties’ cross-motions for judgment on the administrative record and defendant’s Motion to Dismiss plaintiffs original and supplemental complaints. Plaintiff, Geiler/Schrudde & Zimmerman, A Joint Venture (“GSZ”), alleges the fol... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218599/ | MEMORANDUM OPINION AND ORDER
GRIGGSBY, Judge
I. INTRODUCTION
' Petitioner, Forrest Q. Spahn, seeks review of the September 11, 2014, decision of the special master denying his claim for compensation under the National Childhood Vaccine Injury Act (“Vaccine Act”), 42 U.S.C. § 300aa-1 to -34 (2012). Petitioner alleges th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224436/ | MEMORANDUM OPINION
MADELINE HUGHES HAIKALA, District Judge.
On April 18, 2014, the magistrate judge’s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. No objections to the magistrate judge’s re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224437/ | OPINION AND ORDER
MYRON H. THOMPSON, District Judge.
A huge percentage of the incarcerated population in this country suffers from mental illness. See, e.g., U.S. Department of Justice, Bureau of Justice Statistics Special Report: Mental Health Problems of Prison and Jail Inmates, http://bjs.ojp. usdoj.gov/content/pub/... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218607/ | ORDER
SUSAN G. BRADEN, Chief Judge
Between October 2, 2017 and October 5, 2017, Plaintiffs in thirteen cases filed Responses to the court’s September 15, 2017 Scheduling Order.1 The Responses filed in Micu (the “Micu Response”) and Jacobson (the “Jacobson Response”) suggested that the complaints fall into two distinct ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218608/ | SCHEDULING ORDER Susan G. Braden, Chief Judge The December 20, 2017 hearing scheduled in the above-captioned case has been rescheduled to begin at 9:30 AM (CST) on Wednesday, December 20, 2017 in Courtroom 10-B in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas. IT I... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218609/ | ORDER REGARDING JUDICIAL ASSIGNMENT SUSAN G. BRADEN, Chief Judge ' The Honorable Lydia Kay Griggsby, of the United States Court of Federal Claims, is hereby assigned to manage and adjudicate all matters in the above-captioned case. The Honorable Elaine D. Kaplan is no longer assigned to the above-captioned case. IT IS ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218610/ | OPINION
Trial; Counterclaim; Fraud; False Claims Act; Special Plea in Fraud; Contract Disputes Act.
HORN, J.
Plaintiff, Oasis International Waters, Inc. (Oasis), is a contractor which performed a bottled water contract with the United States military in Iraq during the Iraq War. Oasis is a Nevada corporation for which ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218611/ | ORDER SUSAN G. BRADEN, Chief Judge Between September 5, 2017 and October 5, 2017, forty-six complaints were filed in the United States Court of Federal Claims alleging Takings Clause claims in violation of the Fifth Amendment to the United States Constitution. Ten of those forty-six complaints are putative class action... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218612/ | ORDER REGARDING CLASS CERTIFICATION SUSAN G. BRADEN, Chief Judge Between September 5, 2017 and October 5, 2017, forty-six complaints were filed in the United States Court of Federal Claims alleging Takings Clause claims in violation of the Fifth Amendment to the United States Constitution. Ten of those forty-six compla... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218613/ | ORDER Susan G. Braden, Chief Judge On January 2, 2018, the court issued an Order directing the parties to file a Joint Status Report on January 5, 2018. EOF No. 122. On January 4, 2018, the parties met in Houston, Texas to identify test eases and discuss “whether those test eases, once adjudicated, will have a preclusi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218614/ | Vaccine Act; HPV Vaccine; Special Master; Althen v. Secretary of Health and Human Services; Due Process; Expert Testimony; Vaccine Rule 3; Vaccine Rule 8.
OPINION
HORN, J.
On May 11, 2012 petitioner K.L.2 filed a timely petition for compensation with the National Vaccine Injury Compensation Program, under the National ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842502/ | The defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 161, is denied. | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842503/ | The petitioner mother’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 247, is denied. | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842504/ | The defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 231, is denied. | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842505/ | The named defendant’s petition for certification for appeal from the Appellate Court, 28 Conn. App. 256, is granted, limited to the following issue:
“When the actions of a zoning enforcement officer are reviewed by a zoning board of appeal, is the proper focus for subsequent judicial review the decision of the zoning e... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7842506/ | The plaintiffs petition for certification for appeal from the Appellate Court, 28 Conn. App. 270, is denied. | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7923981/ | Denied.
Unpublished | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218616/ | JONES, Chief Judge.
This is a personal injury action brought under favor of the Jones Act, 46 U.S.C.A. § 688.
Defendant has moved that this Court order the plaintiff to furnish defendant with the names and addresses of witnesses to the condition of the place of the accident or, in the alternative, the names and address... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218617/ | IRVING R. KAUFMAN, District Judge.
Application to vacate plaintiffs’ notice of depositions, dated January 7, 1950, is denied and examinations may proceed at a place in New York City to be mutually agreed upon, and in the absence of such agreement the Court will fix the place in the order to -be submitted in accordance ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218619/ | JONES, Chief Judge.
In these two cases plaintiffs move the court for an order under Rule 34, Federal Rules of Civil Procedure, 28 U.S.C.A., requiring defendant to permit the plaintiffs to inspect and copy the following documents :
1. Statements of the plaintiff, whether signed or unsigned.
2. Statement of the employee ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218621/ | JONES, Chief Judge.
This action was brought by plaintiff under the Declaratory Judgments Act, 28 U. S.C.A. §§ 2201, 2202, to test the validity of defendant’s patent.
Plaintiff has served 18 interrogatories on the defendant and defendant objects to Nos. 1 to 7, inclusive, 10, 11, and 14 to 17, inclusive.
All objections ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218622/ | BRENNAN, Chief Judge.
This is a equity action in which injunc-tive relief is the principal prayer of the complaint.
Plaintiff has applied for a temporary injunction, and upon the return of the order to show cause issued upon that application the defendants, Kriss and Fiorillo (other named defendants were not served), a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218623/ | MEANEY, District Judge.
This is an action under sections 205 and 206 of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, § 1891 et seq., seeking to restrain defendant from demanding rent in excess of the maximum legal rent, to require defendant to make restitution of overcharges, and to recover treble... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218624/ | REEVES, Chief Judge.
The defendant has filed its motion for a more definite statement as authorized by paragraph (e) of Rule 12, Federal Rules of Civil Procedure, 28 U.S.C.A. This rule provides that: “If a pleading to which a responsive pleading is permitted is so vague or ambiguous (Emphasis mine) that a party cannot ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218625/ | IRVING R. KAUFMAN, District Judge.
There are two motions before the Court:
(1) A motion by Thome, Neale & Co., Inc., hereinafter known as the plaintiff, for summary judgment against Atlantic Gulf Export Corporation, hereinafter known as the defendant, in Civil Action No. 49-^30.
(2) A motion by defendant to consolidate... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218626/ | REEVES, Chief Judge.
The plaintiff has moved for a consolidation of the above causes. The case numbered 5999 is, as its title implies, an action for the death of the driver of a motor truck owned by the plaintiff in cause numbered 5181.
The plaintiff in said cause No. 5181 has sued for damages arising from the identica... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218627/ | KIRKPATRICK, Chief Judge.
The cause of action stated in the complaint is, in substance, conspiring for the purpose of causing a third person (the Cooperative) not to perform its contract with the plaintiff as well as other contracts with other of its members, and the doing of certain acts in furtherance of the purpose ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218628/ | IRVING R. KAUFMAN, District Judge.
The defendants have moved to dismiss the action on the following grounds:
(1) that the complaint does not contain any allegation of jurisdiction;
(2) that the action is brought in the wrong district because of residence requirements ;
(3) that the action has been brought in an inconve... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218629/ | KNIGHT, Chief Judge.
This action was commenced in Supreme Court: Erie County, New York, 'but was removed to this court.
The original complaint, demanding $500,-000 damages, alleges three causes of action. The first, based on breach of express warranty, alleges that, between June 14 and December 1, 1946, plaintiff purch... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218630/ | GANEY, District Judge.
This is an action seeking a permanent injunction and declaratory judgment and an application for a temporary restraining order and preliminary injunction upon the affidavit of James H. Durkin.
The gist of the complaint alleges that the defendants are to conduct a certain trial of the United Offic... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218631/ | RIFKIND, District Judge.
This is an application for leave to intervene as parties plaintiff in an anti-trust action prosecuted by the United States •against the defendants and terminated by consent decree entered on the 17th day of ■ December, 1948.
The petitioners are a group of operators of self-service laundries. Th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218632/ | LEIBELL, District Judge.
There are two motions before the Court in this case. Plaintiffs move for a modification of an order of Judge Goddard, dated July 9, 1948 which deferred the taking of depositions of defendants’ employees and agents until after the depositions of both plaintiffs had been taken. The order *78fixed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218633/ | DAWKINS, Chief Judge.
Defendant, as prevailing party, applied to the Clerk to tax costs to be paid by the plaintiff. The latter moved to disallow the following items as not properly taxable:
1. The item of $1.05 for Post Office registration fee;
2. Premium of $10.00 for cost bond re-, moval;
3. The item of $19.00 for c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218634/ | JONES, Chief Judge.
This is an action by a trustee in bankruptcy to set aside and recover a preferential transfer made within four months of the filing of the petition in bankruptcy.
Defendant has moved to dismiss the action or in the alternative to quash the return of service on the ground that defendant has not been ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218635/ | WATSON, Chief Judge.
After this case was set for trial to begin April 3, 1950, counsel for plaintiff presented to the Court on March 31, 1950, a motion for Production of Documents, etc., under Rule 34 of the Federal Rules of Civil Procedure.1 The motion contains requests in 29 separate paragraphs for documents of vario... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218639/ | McGRANERY, District Judge.
This action was brought under the Sherman Act, 15 U.S.C.A. § 1 et seq., and under the Clayton Act, 15 U.S.C.A. § 12 et seq., to obtain an injunction and to recover treble damages for alleged violations of those statutes by the defendants. The defendant Paramount Pictures, Inc. (hereinafter re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218640/ | FOLLMER, District Judge.
This is a motion by the defendant to dismiss the action, or, in lieu thereof, to quash the return of service of the summons.
Plaintiff, a resident of Montgomery County, Pennsylvania, brought this action against defendant, a Delaware corporation, having its principal office and place of business... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218641/ | McGOHEY, District Judge.
This is a seaman’s death action under the Jones Act, 46 U.S.C.A. § 688, in which plaintiff moves, pursuant to Rule 34, Federal Rules of Civil Procedure, 28 U.S.C.A., for an order to compel production of certain documents. Of the eight items demanded, defendant objects to producing only the thir... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218642/ | McGOHEY, District Judge.
For the third time defendants move to dismiss because the complaint does not comply with the Federal Rules of Civil Procedure, 28 U.S.C.A., although the plaintiff has twice been ordered to amend in conformity therewith.
The action appears to be for breach of contract, although by whom or in wha... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218643/ | DELEHANT, District Judge.
By an order recently entered upon the court’s motion after an examination of the files in this action, a time was prescribed for hearing upon (a) the question of the court’s jurisdiction and (b) any then pending and undetermined motion or other preliminary pleading in the case. At such hearing... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218645/ | LEAVY, District Judge.
The petitioner herein seeks relief from a final decision of the United States Board of Immigration Appeals. The decision dismissed the petitioner’s appeal from an order of the Assistant Commissioner of Immigration and Naturalization. The Assistant Commissioner had affirmed a decision of the Board... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218646/ | . BARD, District Judge.
On August 26, 1949 a creditors’ petition in bankruptcy was filed against Eizen Furs, Inc., a corporation. On September 30, 1949, ten days before its return day, a pluries subpoena was served upon the alleged bankrupt by leaving a copy of this subpoena, together with a copy of the creditors’ peti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218647/ | KENNEDY, District Judge.
Plaintiffs, husband and wife, residents of the State of New Jersey, are suing defendant Harwood, a New York resident physician, for damages in the sum of $115,000 1 allegedly resulting from defendant’s malpractice in performing a tonsilectomy upon the plaintiff wife. In his answer defendant ■ s... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218648/ | FOLEY, District Judge.
By separate notices of motion, the defendant attacks the amended complaints in the two' actions herein. The actions are similar in their nature and inasmuch as the relief requested by the defendant in its challenges to the complaints is the same, the motions can be discussed as one. As designated... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218899/ | ERVIN, District Judge.
The Gillis Bros. Construction Company had a contract with the state of Alabama to build three road projects. The complainant signed the bond of the construction company to the state guaranteeing the completion of one of these projects, namely S-90 and payment of the bills. The Bank of Brewton, re... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218900/ | BREWSTER, District Judge.
In this action the petitioner seeks to recover upon two policies of war risk insurance for $5,000 each, issued under the dates of February 6 and March 24, 1918, respectively. He was honorably discharged from the service on March 6, 1919, and on May 1, 1919, his policies lapsed for nonpayment o... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218901/ | PETERS, District Judge.
This is a suit to recover damages for alleged breach of two contracts between the parties covering the sale by the plaintiff to the defendant of a certain quantity of maple lumber produced in Canada and agreed to be delivered at certain prices f. o. b. Auburn, Me., heard by the court with a jury... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218902/ | BREWSTER, District Judge.
In this bill of complaint the plaintiff seeks to enjoin the defendant Pearson, as receiver of the Federal National Bank (hereinafter referred to as the bank), from prosecuting an action at law upon a check for $2,-554.50 drawn by other defendants, copartners doing business as Lapham, Potter & ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218903/ | STRUM, District Judge.
In an action at law, plaintiff sues to recover excessive charges said to have been exacted from him by the defendant, Florida East Coast Car Ferry Company, upon divers shipments of lumber from Key West, Fla., to points in the Republic of Cuba. As the shipments moved wholly in foreign commerce, th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218905/ | GALSTON, District Judge.
This ease is now before the court on an amended answer settling forth inequitable conduct of the plaintiff in-the alleged misuse of the decision of the Circuit Court of Appeals, after the entry of an interlocutory decree in behalf of the plaintiff. See Art Metal Works, Inc., v. Abraham & Straus... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218906/ | GALSTON, District Judge.
The validity of the patent in suit, No. 1,-673,727, granted to Aronson, for a cigar lighter, was upheld as to claims 2, 7, 12, 13, and 14, in a litigation between the same parties. (D. C.) 52 F.(2d) 951, and (C. C. A.) 61 F.(2d) 122, 123.
The defendant’s structures there considered were referre... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218649/ | JONES, Chief Judge.
This is a personal injury action in which plaintiff alleges that injuries he received have permanently and partially incapacitated him.
Defendant moves for the production and inspection of plaintiff’s income tax returns for the years 1945, 1946, 1947 and 1948.
There is authority in other District Co... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218651/ | JONES, Chief Judge.
These are motions to dismiss because of lack of jurisdiction.
*145Involved are four actions with different plaintiffs but the same defendants. Plain? tiffs are motion picture distributors and defendants operate the Dayton Theater in Akron, Ohio. Films were licensed by plaintiffs to defendants on a p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218652/ | SWITZER, District Judge.
In the above entitled action, there came on for hearing in open court at Des Moines, Iowa, on February 3, 1950, a motion by the plaintiffs to require the defendant, Iowa-Illinois Gas and Electric Company, to produce certain documents under Rule 34 of the Rules of Civil Procedure, 28 U.S. C.A., ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218653/ | KLOEB, District Judge.
This matter is before the Court on the motion of the defendant 'for rehearing of plaintiff’s motion, fded under the provisions of Rule 34 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for the production and permission to inspect and to copy, photograph or photostat statements and reports ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218655/ | KIRKPATRICK, Chief Judge.
The action is by a passenger on a bus of the defendant, Pennsylvania Greyhound Lines, to recover for injuries incurred in a collision in Philadelphia with a bus owned by the defendant, Philadelphia Transportation Company. The plaintiff is a resident of Boston.
After answer filed, the defendant... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218656/ | BURKE, District Judge.
Plaintiff, an employee of the defendant, has a verdict against the defendant for personal injuries. The action was brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The defendant moves here, under Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for judg... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218657/ | McCARTHY, District Judge.
Plaintiff’s motion to inspect a statement given by him to “the defendant, its agents, servants or representatives in the investigation of the accident upon which this suit is based and which was procured prior to the institution of this suit” came before the court and was allowed, with memoran... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218658/ | SMITH, District Judge.
This is a civil action of interpleader instituted under 28 U.S.C.A. § 1335. The complaint alleges that the plaintiff is in possession of a certain stock certificate registered in the name of the defendant Frank Corral, representing 300,000 shares of capital stock of Higgins, Inc. The complaint fu... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218659/ | FREED, District Judge.
Defendant objects to five of the requests for admissions made by plaintiff pursuant to Rule 36, Federal Rules of Civil Procedure, 28 U.S.C.A. These requests concern matters which were previously the subject of interrogatories propounded by plaintiff under Rule 33. The Court ruled on the ground of... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218660/ | SWITZER, District Judge.
Builders Distributing Corporation, an Ohio Corporation, defendant herein, having filed what is designated “Special Appearance and Motion to Dismiss,” the question for determination is whether or not that corporation has been brought within the jurisdiction of this court in. this proceeding.
Fro... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218907/ | GALS TON, District Judge.
Exceptions have been filed to the report of the commissioner as to the amount of libelant’s damages to the coal barges Ruthie M. and Florence M. These exceptions rest generally on the ground that the allowances recommended are in excess of the market value of the two barges at the time that th... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218908/ | GIBSON, District Judge.
The trustee, in petition to the referee, asserted that a certain piece of real estate owned by the bankrupt was so ineumbered by liens as to make it worthless to the estate in bankruptcy, and prayed the referee to call a meeting of the creditors to determine whether or not the property should be... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218910/ | FORMAN, District Judge.
Plaintiff, a citizen of New Jersey, brought suit against the defendant bank of Bradley Beach, N. J., upon certain business transactions between them.
On account of the fact that the defendant is a national bank, he alleges his right to bring the action in the United States District Court for thi... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218661/ | REEVES, Chief Judge.
Heretofore, towit, on February 2, 1950, the plaintiff submitted twenty-one interrogatories to be answered by the defendant. On May 22, 1950, the defendant filed its answers to said interrogatories save only as to Interrogatories 3, 7 and 21. Interrogatory number 3 is as follows: “State the location... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218663/ | REEVES, Chief Judge.
This motion has been examined together with the briefs of counsel. The action is one in replevin. The plaintiff seeks the possession of one 1947 Ford Truck, Motor No. 1643066, together with all attachments thereto and the equipment thereon. The moving defendant has not only filed a counterclaim aga... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218665/ | GALSTON, District Judge.
This is a motion made by the defendant, State Mutual Life Assurance Company, under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment dismissing the complaint on the grounds that plaintiff is not the proper party to bring the action, and that plaintiff has failed... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218666/ | RIFKIND, District Judge.
Defendant moves for summary judgment under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. The action is in two counts of which the first is for infringement of plaintiff’s copyright in the unpublished play entitled “A Lady Goes to Congress” by the defendants’ publication and presentatio... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218667/ | JONES, Chief Judge.
This is a patent infringement action. Defendants have answered and have set up two counterclaims based on patent infringement, unfair trade practices and monopolistic trade practices.
Plaintiff moves to strike the counterclaims because (1) neither action arises out of the subject matter of the compl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218668/ | RODNEY, District Judge.
Seven of the defendants have specifically objected that a number of the interrogatories are such as to impose a tremendous burden and expense upon the defendants in obtaining the answers to such interrogatories. Five of the defendants have specifically objected to interrogatories 6 through 13, a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218911/ | SCHOONMAKER, District Judge.
This is an action in equity to enforce a conditional sale contract for furniture used in the hotel of defendant Webster Hall Corporation of America, now in custody of this court through its receivers, who are also defendants in this ease. From the bill, answer, and proofs, we make and find ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218913/ | SLICK, District Judge.
This cause having been submitted to the court for trial, finding, and decree, and the court having heard the evidence and the arguments of counsel, and being sufficiently advised in the premises, now, pursuant to Federal Equity Rule 70½ (28 USCA § 723), finds the facts to be as follows:
1. The pl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218914/ | PATTERSON, District Judge.
There was a collision at sea between the Toluma and the Sucarseco. The collision was due to the fault in navigation of the two vessels equally. Both were damaged, the Toluma so badly that the master determined to run to a port of refuge for repairs. Part of the cargo was unloaded, repairs mad... | 01-04-2023 | 07-25-2022 |
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