Although defendant, who is being sued by a bank for defaulting on his note to purchase a ski resort condominium, is entitled to assert a defense that he was defrauded by the condo salesman, he is unable to establish that ...
Read More »Civil Practice – Rule 60(b) – Default Judgment – Meritorious Defense
Where the estate of the judgment debtor is attempting to have a default judgment set aside under Rule 60(b) on the ground that the woman who signed loan documents with the signature of debtor, who was an officer of the ...
Read More »Evidence – Prior Testimony – Rule 804(b)(1) – Trustworthiness
Although defendant’s brother’s testimony at a suppression hearing, that he had directed defendant to purchase a toolbox and arrange for defendant’s female friend to deliver the toolbox, which contained cocaine, to the brother in North Carolina, was inadmissible under Fed. ...
Read More »Criminal – Drug Distribution By Physician – Indictment – Sentence
Although the physician charged with unlawful attempted drug distribution contended that the indictment failed to charge certain essential elements of the offense, a violation of 21 U.S.C. § 841(a091), the court concludes the indictment was sufficient. The elements claimed to ...
Read More »Criminal – Search & Seizure – Pretextual Stop – Witness Confrontation – Sentencing – Armed Career Criminal Enhancement
Where the police officers stopped the car in which defendant was a passenger because the driver ran a red light, even though the officers had no ticket book with them and only intended to give the driver a warning, and ...
Read More »Commercial – Contract – Joint Venture – Cellular Telephones
Where the grocery store bought cellular car telephones from a cellular phone vendor for sale in its grocery stores, but the vendor had no involvement in the grocery store’s promotions other than to provide minor technical information for advertisements and ...
Read More »Administrative – Contract – Medical Tuition Loans – National Health Service
Where defendant, who had received $20,758 in scholarship funds for medical school under the National Health Service Corps Scholarship Program, rejected several opportunities to be placed in a “health manpower shortage area” in order to fulfill his service obligation under ...
Read More »Environmental – CERCLA Cleanup – Petroleum Exclusion – Responsible Parties
Although defendants, prior property owners and their wives, in this action under the Comprehensive Environmental Response, Compensation & Liability Act, 42 U.S.C. § 9607, allege that the contaminants alleged are petroleum hydrocarbons exempt from CERCLA coverage under the “petroleum exclusion,” ...
Read More »Civil Rights – First Amendment – Cable TV Operation – Telephone Company
Where plaintiff telephone company wishes to obtain from the city of Alexandria a cable television franchise to compete with the existing cable tv operator in the area, its application is not prohibited under 47 U.S.C. § 533(b) of the Cable ...
Read More »Intellectual Property – Commercial – Patent Infringement – Detergent Dispenser – UCC – Infringement Warranty
Where the defendant/third party plaintiff in this patent infringement action, who installs detergent dispensers, filed a third party complaint against another detergent dispenser manufacturer based upon the Uniform Commercial Code’s warranty against infringement, § 2-312, the third party complaint is ...
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