In re ALVIN PARKER
The United States Court of Appeals for the Tenth Circuit dismissed a petition for a writ of mandamus filed by Alvin Parker. The court found the petition moot after the petitioner withdrew his underlying motion for relief.
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The United States Court of Appeals for the Tenth Circuit dismissed a petition for a writ of mandamus filed by Alvin Parker. The court found the petition moot after the petitioner withdrew his underlying motion for relief.
The United States Court of Appeals for the Federal Circuit dismissed an appeal brought by Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. against Fendgo LLC. The dismissal was granted pursuant to the parties' agreement under Federal Rule of Appellate Procedure 42(b).
The Third Circuit affirmed the District Court's ruling that LLC members lacked the specific standing required to appeal a bankruptcy court's approval of a settlement. The court held that while the members had Article III standing, their financial interest in the outcome was too contingent to satisfy the prudential 'bankruptcy appellate standing' standard.
The Sixth Circuit affirmed a district court order compelling arbitration and confirming an arbitration award in a nursing home death dispute. The court held that the estate's executor validly signed the arbitration agreement under Kentucky law and that the arbitrator did not exceed his powers.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal because the appellant failed to file an opening brief. The court also noted that the appellant did not pay the required filing fee or submit a motion to proceed in forma pauperis.
The United States Court of Appeals for the Federal Circuit dismissed an appeal from the Merit Systems Protection Board because the petitioner failed to pay the required docketing fee and file a mandatory discrimination statement. The court ruled that these procedural omissions constituted a failure to prosecute the case in accordance with Federal Circuit Rules.
The Third Circuit affirmed the dismissal of a pro se complaint alleging violations of federal consumer protection laws, ruling that the claims were barred by the statute of limitations. The court also held that the criminal statutes cited by the appellant provided no private right of action for civil relief.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by multiple states against the President and the Department of Education. The dismissal was granted based on a joint stipulation from all parties involved in the litigation.
The Eleventh Circuit affirmed the Tax Court's decision sustaining 40% gross-valuation-misstatement penalties against LLCs claiming excessive conservation-easement deductions. The court found no error in the lower court's reliance on IRS expert testimony to determine significantly lower fair market values for the easements.
The Fifth Circuit affirmed the district court's grant of summary judgment in favor of CenterPoint Energy, finding that the plaintiff failed to provide evidence of causation for his retaliation claims or evidence of defamatory statements. The court further held that the plaintiff forfeited challenges to the denial of his motions because he failed to adequately brief those specific issues.