110 results for 'filedAt:"2023-12-11"'.
J. McFadden finds that the trial court improperly convicted defendant of forgery and making a false statement. The trial court incorrectly removed a juror and replaced her with an alternate after the jury deadlocked during deliberations. The trial court's inquiry into whether or not the juror was participating in deliberations did not elicit adequate facts to allow for removal. The record does not show that the juror completely refused to deliberate or that the trial court questioned the juror about whether she stopped deliberating due to concerns about a co-defendant's mental state. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 11, 2023, Case #: A23A1278, Categories: Jury, Forgery
J. Eklund finds that the trial court properly excluded testimony about other partygoers' consensual sexual activity on the night of the assault because the evidence had no relevance as to whether defendant raped the victims. Meanwhile, the victim's testimony regarding a prior accusation of sexual assault made against her stepfather, which she claimed was true, was properly admitted and verified; therefore, defendant's motion to admit extrinsic evidence about the veracity of the accusation was properly denied. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: December 11, 2023, Case #: 2023-Ohio-4488, Categories: Evidence, Sex Offender
J. Cain denies a request by Eli Lilly to dismiss a Louisiana woman’s claims the pharmaceutical giant failed to warn her that its drug for Type 2 diabetes was associated with gastroparesis, a gastric disorder with side effects so severe her teeth fell out from extreme vomiting. Lilly contends the litigant’s claim is preempted by FDA approval of its drug because she cannot show the existence of newly acquired information justifying a unilateral label change. However, post-approval reports from summer 2023 point to a growing awareness of the condition as an adverse effect of the drug’s use. It is too early in the litigation to determine whether the recent reports reflect an increasing incidence of gastroparesis that might qualify for a post-approval warning label.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 11, 2023, Case #: 2:23cv1020, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
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J. Howell denies a former graduate student’s attempt to disqualify counsel of another party — an allegedly abusive teaching assistant — after the graduate student brought a civil rights suit against the University of Texas. The graduate student argues the counsel should be disqualified because she had contacted the firm before filing her suit, creating a conflict. Disqualification is not mandatory in this case, because while the grad student argues this court should use its discretionary power to disqualify the attorney anyways, the danger of prejudice is “exceedingly minimal” and the law firm has “done everything within its power” to prevent it.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 11, 2023, Case #: 1:21cv1040, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Bryan denies the insurance company's motion to decertify the class in the insureds' class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. Not only are the class members not seeking individualized damages, which would preclude class certification, but the insurance company's discriminatory conduct described in prior orders is uniform among all plans and all class members.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 11, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: Erisa, Insurance, Class Action
J. Copenhaver grants in part the coalition's motion for an award of attorney fees and costs in its suit challenging the constitutionality of the 2018 "Parking Lot" amendments to the West Virginia Business Professional Liability Act that prohibits property owners from banning firearms on the parking lots of their premises. Following the Sept. 1 opinion finding the Inquiry and Take-No-Action provisions of the amendments "facially violate the First Amendment’s guarantee of free speech," the Coalition is entitled to receive a total of $85,476 in attorney fees and in costs and expenses.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: December 11, 2023, Case #: 2: 19cv434, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, Attorney Fees
J. Bell grants a trophy manufacturer’s motion to dismiss allegations of fraud brought by a company that designs and contracts awards for organizations such as the Golden Globes. The company incorrectly argues that because the Illinois-based manufacturer has had three North Carolina customers, it should be subject to general personal jurisdiction. This is not enough to constitute a systematic campaign to do business in North Carolina. The company’s argument of specific personal jurisdiction also fails because the manufacturer has never targeted potential customers from North Carolina with its online content.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 11, 2023, Case #: 3:23cv351, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Trade, Jurisdiction
J. Gregory finds the lower court improperly affirmed the Social Security Administration’s denial of the retail worker's application for disability benefits. The retail worker's chronic back pain has caused headaches, neck pain, weakness and numbness in her bilateral upper extremities. The administration cannot discount her doctor's opinions about the intensity of her pain because she declined steroid injections. Reversed.
Court: 4th Circuit, Judge: Gregory, Filed On: December 11, 2023, Case #: 21-2193, Categories: Employment, Social Security
J. Williamowski finds defendant was not prejudiced at his trial on a murder charge when his attorney was unable to cross-examine a codefendant who pleaded guilty about the exact sentence he might have received without the plea. The codefendant was questioned about his motive for entering a plea, which properly informed the jury of the potential for false testimony, while the sentence he might have received at trial was undetermined. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: December 11, 2023, Case #: 2023-Ohio-4472, Categories: Murder, Plea, Witnesses
J. Chun grants the vessel charterer partial summary judgment for its claim that the owner of M/V Ocean Valor should be held to the technical performance of the Military Sealift Command (MSC) contract, which relates to the owner's complaint accusing the vessel charterer of not fully paying for services provided. The BIMCO time charter party contains references to and outright depends on the MSC contract, which supports incorporation of the contract into the charter; thus, the owner is bound to the MSC contract.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 11, 2023, Case #: 2:22cv1058, NOS: Marine - Contract, Categories: Admiralty, Contract
J. Lobrano finds that this court does not have jurisdiction to hear a neighbor's appeal of the dismissal of his review of a judgment granting exception of prescription on the neighbor's property encroachment claim. In this case, the neighbor did not seek review during either the 30-day delay for filing a suspensive appeal or the 60-day delay for filing a devolutive appeal.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: December 11, 2023, Case #: 2023-CA-0115, Categories: Property, Jurisdiction
J. Fitzwater quashes, in part, a company's requests for production from non-party city officials in a development-related dispute. The officials need not produce the requested text messages and telephone logs, as they are not relevant to the case.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 11, 2023, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Real Estate, Discovery
J. Waldick finds the juvenile court properly granted the state's motion to transfer defendant's case to adult court. His history of juvenile criminal adjudications, none of which included successful rehabilitation efforts, and his significant involvement in the burglary and assaults at issue in the present case supported such a transfer. Meanwhile, the trial court properly granted the state's motion to revoke a plea agreement because defendant's refusal to communicate with the attorneys who negotiated the agreement constituted a repudiation of the plea, especially considering the attorneys withdrew their representation. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4473, Categories: Burglary, Juvenile Law, Plea
J. Burns finds that the lower court properly granted the appellee real estate brokers' summary judgment motions in this lawsuit brought by a homeowner who allegedly entered into a listing agreement with the appellees but then decided not to sell her home. The evidence shows that the brokers earned a commission when the agent "procured the buyers, who were ready, willing, and able to buy the property" at an acceptable price. Also, the homeowner's alleged damages did not result from a breach of fiduciary duty by the appellees. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: December 11, 2023, Case #: 05-22-01252-CV, Categories: Real Estate, Damages, Contract
Vice Chancellor Will grants declaratory relief to the buyer of a food company concerning a dispute over an accountant's review of a post-closing tax dispute because the sale contract stipulates that the accountant's review should resolve only the seller's initial protest notice, not notice of subsequent protest.
Court: Delaware Chancery Court, Judge: Mitchell, Filed On: December 11, 2023, Case #: 2023-0614-LWW, Categories: Civil Procedure, Tax, Contract
J. Soto dismisses, for lack of jurisdiction, an appeal in a premises liability suit. A woman obtained a no-answer default judgment against a bar after she injured herself there, and while the bar is now attempting to appeal, there is not a final appealable judgment and “no constitutional or statutory grant of jurisdiction permits us to review it.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 11, 2023, Case #: 08-23-00110-CV, Categories: Tort, Damages, Premises Liability
J. Stearns denies current and former employees’ motion for preliminary injunctive relief against their employer for denying them religious exemptions to Covid-19 vaccination. For their work, the employees closely interacted in-person with a wide range of people, including children, immunocompromised individuals and the elderly, and approving religious exemptions from the vaccine would put their customers at risk, and the denial of the exemptions did not involve simultaneously permitting secular exemptions that posed a similar risk. The granting of medical exemptions furthers the same goal of safety as rejecting the religious ones.
Court: USDC Massachusetts, Judge: Stearns, Filed On: December 11, 2023, Case #: 1:22cv10242, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Employment Discrimination