200 results for 'filedAt:"2023-11-21"'.
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
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. 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 Though the properties company has withdrawn its petition for deposition, there is no evidence in the record the court has withdrawn the order.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
J. Stras finds a lower court improperly ruled in favor of a vegan lifestyle promoter on civil rights claims against a university. The vegan enthusiast argued that the university violated his First Amendment rights by forcing him to obtain permission from a school administrator to pass out pamphlets on veganism. However, the university officials presented sufficient evidence in court that its advance notice policy requirement for non- university publications does not constitute a prior restraint. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 21, 2023, Case #: 22-1826, Categories: Civil Rights, Constitution, Education
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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. 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. 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. 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. Moore finds the district court properly denied defendant's motion for postconviction relief. Defendant, privy to the fact that the Burger King where his sister worked was having a problem with its security system, burglarized the restaurant and was identified by his sister's recognition of his bushy eyebrows on security video. Furthermore, defendant's ineffective assistance claim fails, as his wife's claim that he was in Colorado during the burglary could have resulted in perjury charges and the decision not to call her was a reasonable strategy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 21, 2023, Case #: A-22-965, Categories: Burglary, Evidence, Ineffective Assistance
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
J. Richardson dismisses an individual's lawsuit asserting Section 1983 claims against the Town of Smyrna and a town police officer stemming from a previous criminal case against him, in which certain exculpatory emails were allegedly not disclosed at a preliminary hearing. The case is dismissed pursuant to the one-year limitations period, as his claims accrued on April 8, 2021, "upon the dismissal of the charges," and the action was filed nearly two years later.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 21, 2023, Case #: 3:23cv119, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Halligan finds that the appellate division properly limited questions concerning jurors' personal views on self-defense while allowing broader questions on gun licensing and gun control in defendant's trial for possession of a weapon. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 66, Categories: Criminal Procedure, Firearms, Jury
J. Robart awards the steel framing manufacturer $594,500 in attorney fees and $135,600 in costs, and awards Clarkwestern Dietrich Building Systems LLC $766,600 in attorney fees and $48,500 in costs, for the steel framing manufacturer's complaint that the company founder and others violated a patent order by infringing on the steel framing manufacturer's products.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 21, 2023, Case #: 2:18cv659, NOS: Other Contract - Contract, Categories: Patent, Attorney Fees, Contract
Per curiam, the Supreme Court of Ohio finds law school graduate Jared Cline's application for admission to the practice of law will be denied for his breach of a contract with the Ohio Lawyers Assistance Program that required him to attend AA meetings and refrain from consumption of alcohol for a 2-year period. Cline, who has a previous DUI conviction, drank several beers with family members after the death of his grandfather and refuses to accept he has a substance abuse problem.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 21, 2023, Case #: 2023-Ohio-4169, Categories: Sanctions, Attorney Discipline
Per curiam, the court of appeals finds that the appellate division properly held that defendant was ineligible for adjudication as a youthful offender after pleading guilty to weapon possession for brandishing a loaded gun during an argument over a parking space. Although he was 17 years old at the time, mitigating circumstances did not offset the threatening manner in which defendant used the gun. Meanwhile, defendant failed to preserve the challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business because he did not raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: November 21, 2023, Case #: 64, Categories: Criminal Procedure, Firearms, Juvenile 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