200 results for 'filedAt:"2023-11-21"'.
By the board, Monster Energy fails to show the applicant's "M" mark is likely to cause confusion, as there is no question the companies' marks are dissimilar. However, the applicant must file a separate motion for summary judgment on Monster's dilution claim, which remains pending.
Court: Trademark Trial and Appeal Board, Judge: Per curiam, Filed On: November 21, 2023, Case #: 91269187, Categories: Trademark
J. Pallmeyer partially allows the parent of a child who developed fatal necrotizing enterocolitis from drinking tainted baby formula to refile a complaint against the company that developed the formula. The parent is among dozens whose children suffered necrotizing enterocolitis and died from drinking the formula, but willingly dismissed many of her earlier charges when the company moved for dismissal. She now seeks to refile for damages, the Illinois Wrongful Death Act and the Illinois Survival Act. The court denies her Survival Act claim but allows the others to go forward.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: November 21, 2023, Case #: 1:22cv2222, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Wrongful Death
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J. Worthen conditionally grants the petition for a writ of mandamus challenging the trial court's order that the relator appear for a presuit oral deposition to enable the real party-in-interest properties company to investigate a potential claim against her. Though the properties company has withdrawn its petition for deposition, there is no evidence in the record the court has withdrawn the order.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00275-CV, Categories: Property, Due Process
Per curiam, the circuit finds the district court properly dismissed the inmate's civil rights complaints against the county. The county has qualified immunity, as she admits an officer hogtied her after she exhibited disorderly, self-injurious behavior, and she fails to allege any severe injuries or contend she was at risk of death from the restraint. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 21, 2023, Case #: 22-20611, Categories: Civil Rights, Prisoners' Rights
J. Smith finds that the district court properly held that a water and sewer district could not be liable on a direct-discharge theory because an underdrain pipe below the district’s holding ponds did not transfer pollutants between meaningfully distinct water bodies. However, the district court improperly dismissed a claim brought by an environmental law center for lack of subject matter jurisdiction. The action was filed by the center, claiming an alleged discharge of treated wastewater into the West Fork of the Gallatin River without a National Pollution Discharge Elimination System permit. Affirmed in part.
Court: 9th Circuit, Judge: Smith , Filed On: November 21, 2023, Case #: 22-36015, Categories: Environment, Water
J. Gadola finds that the lower court properly ruled for a kennel owner and the township by holding that the kennel's neighbors were not entitled to special damages in this nuisance action since other residents also objected to the kennel. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: November 21, 2023, Case #: 362192, Categories: Damages, Negligence
J. Rivera finds that the appellate division should have suppressed defendant's admission that he possessed a loaded handgun in his waistband because police lacked probable cause to stop defendant as he rode his bike down the street in light of the absence of criminal activity or traffic violations. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: November 21, 2023, Case #: 78, Categories: Search
J. Kronstadt grants final approval to a settlement that will bring an end to the consumer's class action accusing the debt collection company of sending him a notice of its intent to sell his repossessed vehicle without the required advanced notice and without several other disclosures, and then improperly demanding that the consumer pay the difference between the amount due under the sales contract and the amount received at the sale of the repossessed vehicle. Under the settlement agreement, the company will issue refund checks to class members who paid any amount of their deficiency balances and will waive the remaining deficiency balances of all class members. Class counsel is entitled to an award of $60,000 in fees.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 21, 2023, Case #: 2:21cv6376, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Settlements, Class Action
J. Halligan finds that defendant was improperly convicted of possession of a weapon based on evidence discovered in a vehicle inventory search after defendant was arrested during a traffic stop because he was prejudiced by the introduction of defendant's prior run-ins with police over weapons possession. Defendant failed to preserve his challenge to the conviction entered under a New York law criminalizing unlicensed possession of a firearm outside his home or business because he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 62, Categories: Firearms, Search, Jury Instructions
J. Carr finds that a mother's parental rights were properly terminated since she permitted a homeless man to stay with her and watch the child while she was at work, despite claims that the man inappropriately touched the child. Meanwhile, the mother suffered mental health and intellectual disabilities. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 21, 2023, Case #: 23-1608, Categories: Family Law
J. Buller finds that a mother's parental rights were properly terminated since she lived with unknown men and failed to supervise her children, failing to prevent the men from sexually abusing them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 21, 2023, Case #: 23-1253, Categories: Family Law
J. Cogburn partially grants a real estate and community developer and his company their petition to stay execution of a final judgment in an arbitration dispute with a mortgage firm. The developer routinely buys historically significant properties to renovate them into apartments and created a business not party to this suit to specifically work with the mortgage firm on his investment in a particular property. During the beginning of the Covid-19 pandemic, the firm sought declaratory judgments against the developer and his company, claiming changeover events that allowed the firm to replace the company as the manager of the property in question. Also, the firm claimed full recourse events so it could seize collateral as well as other assets from the developer, who denies that any changeover or full recourse events occurred. Because the declaratory judgment that a changeover event has occurred is not a monetary judgment, and that of a full recourse judgment is monetary, the motion to stay will be granted in regards to the full recourse event only. In addition, the developer and his company must post a supersedeas bond of over $8 million while he awaits the decision on his appeal to confirm two awards to the mortgage firm. He and his company must also refrain from interfering with the firm’'s replacement of the company as manager for the subject property.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv609, NOS: Arbitration - Other Suits, Categories: Arbitration, Real Estate, Injunction
J. Molloy grants in part a preliminary injunction against Montana's regulations that allow for wolf trapping and snaring in occupied grizzly habitats. The regulations, which would have allowed for wolf trapping to start as early as the first Monday after Thanksgiving, are likely to cause incidents where protected grizzly bears could be snared by traps intended for wolves. Wolf trapping and snaring is enjoined in several major areas in the state as a result, except for during the winter time periods were it is likely most of the bears will be in their dens.
Court: USDC Montana, Judge: Molloy, Filed On: November 21, 2023, Case #: 9:23cv101, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Smith finds that the district court improperly entered summary judgment, holding that an action under the Fair Debt Collection Practices Act was barred. A number of tenants filed suit against a law firm alleging that the firm violated the Act by filing a memorandum of costs in state court proceedings concerning an unlawful-detainer judgment. The precedent for barring the action did not apply because the tenants’ action did not challenge a memorandum of costs on which the state court had already rendered judgment, but rather a later memorandum. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: November 21, 2023, Case #: 22-55700, Categories: Debt Collection
J. Russell finds that the commission properly found that the worker's applications for review of an administrative judge's decision to deny her worker's compensation benefits were timely filed. Based on the credible testimony of witnesses, the commission reasonably found that the worker put enough postage on the envelope nd delivered it to the Post Office before the statutory deadline. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 21, 2023, Case #: SC99995, Categories: Civil Procedure, Workers' Compensation
J. Dowd enters a permanent writ ordering the insurer to produce documents created in connection with a claim arising from a car accident caused while test-driving a vehicle for sale by a dealership. The documents are critical to the driver's allegations that the insurer engaged in bad faith in the manner it handled settlement demands.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: November 21, 2023, Case #: ED111729, Categories: Vehicle, Discovery
J. Holmes finds that the lower court improperly dismissed all claims against an insurance company in a lawsuit stemming from its decision to deny coverage to a plan participant and the participant's daughter, who needed residential treatment for mental health issues. While the claims regarding their ERISA plan were properly tossed, given that the company did not deny their claim under the plan arbitrarily, a claim under the Mental Health Parity and Addiction Equity Act should have been allowed to proceed. The family properly raised a claim under that Act by showing a clear disparity between treatment limits for care at a residential treatment center compared to those of other medical care options as they applied to the daughter who needed them.
Court: 10th Circuit, Judge: Holmes, Filed On: November 21, 2023, Case #: 21-4110, Categories: Erisa, Insurance
J. Coulson admits that the court’s previous order calculating damages was based on a legal error in the valuation of damages. The court grants an additional $1,720.96 in damages for a total of $6,894.96 owed to the logistics company whose trailer and cargo was never returned after an accident. The parties can petition to reopen discovery for the purpose of the value of the trailer and cargo while in the towing company’s possession.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Vehicle, Damages, Negligence
J. Flanagan grants Florida’s Division of Emergency Management’s motion to stay proceedings until the settlement of its underlying appeal of a denial of its sovereign immunity in a contract dispute involving the purchase of Covid-19 tests. A staffing firm argues that the division breached the parties’ contract and that its appeal is frivolous. However, this is incorrect because the firm cannot apply the same argument regarding the underlying merits of the division’s original defense to a sovereign immunity appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 5:23cv69, NOS: Other Contract - Contract, Categories: Immunity, Covid-19, Contract
Per curiam, the circuit finds that the district court improperly dismissed free speech claims in which plaintiff sought to continue promoting a "self-improvement fraternity" among younger prisoners that he founded while incarcerated because the court did not properly weigh whether the state's treatment of the Ujamaa Fraternal Dynasty as an unauthorized organization created plausible first amendment claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 21, 2023, Case #: 21-2978-pr, Categories: Constitution, Prisoners' Rights