13 results for 'judge:"Mullen"'.
J. Mullen finds that the lower court properly affirmed the workers' compensation commission's decision denying the worker's claim for additional injuries after originally awarded him permanent partial disability benefits of $609 per week for 41 weeks. The commission reasonably relied on medical expert testimony that there is way that the worker's ankle injury would cause arthritis in his knee and hip. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230180WC, Categories: Agency, Workers' Compensation
J. Mullen finds that the lower court properly found the deceased's partner was not his valid spouse, as they were never legally married despite having a marriage ceremony because the deceased was a ward and lacked the capacity to consent to the marriage. Illinois does not recognize common law marriage, and the woman raised her putative-spouse claim more than two years after the man's death, leaving them barred by the Probate Act. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230195, Categories: Family Law, Wills / Probate
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: Probation, Bail, Weapons
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J. Mullen finds that the lower court properly granted the state's motion to deny defendant pre-trial release based on his arrest for domestic violence. The allegations claim that defendant entered his girlfriend's house and strangled her in front of the children before locking her out and refusing to open the door for the police. The court reasonably decided that keeping defendant in jail was the only way of keeping the victim and her children safe. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: January 25, 2024, Case #: 230463, Categories: Bail, Domestic Violence
J. Mullen grants an initial review of a former hotel worker’s allegations that a hotel refused to rehire him due to his age and because he had previously complained about being subject to racism. The hotel laid off the worker, a Black man who had filed an EEOC complaint in the past, during the Covid-19 pandemic and then would not rehire him while it rehired younger staff members. The worker’s claims have been found not to be frivolous, so he may proceed.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 16, 2024, Case #: 3:23cv843, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Mullen grants a father’s motion for preliminary injunction in this international child abduction case against the mother of the child in question. The child, born in Ukraine, lived mostly in Germany until the mother unlawfully brought the child to the U.S. The father is likely to succeed on the merits of his claim and he is likely to suffer irreparable harm without an injunction. The mother is ordered not to leave North Carolina with the child, else she will be considered in contempt of court.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 2, 2024, Case #: 3:23cv878, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Mullen grants an office supplies merchant's motion for summary judgment following allegations of copyright infringement brought by a competitor. The competitor claims that the merchant's "One Hip Chick" floral pattern, for instance, is so similar as to copy the competitor's design. However, it is clear that there are no substantial similarities between any of the designs presented, so the competitor's claims fail.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:21cv633, NOS: Copyrights - Property Rights, Categories: Copyright, Trade, Business Practices
J. Mullen grants Mercedes-Benz Financial Services' default judgment on its counterclaims against a car buyer for failure to make payment on a car he purchased, claiming a case of identity theft. The police report the buyer presented regarding his identity was found to be fraudulent, and it has been established that he did in fact sign a contract to purchase the vehicle and never made a payment. Mercedes-Benz repossessed the car and now the buyer owes it over $27,000 in car payments and legal fees.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: Fraud, Attorney Fees, Contract
J. Mullen grants the clinic's motion to dismiss a woman's slip and fall suit. The woman's complaint was untimely filed, as the automated system rejected the initial filing because her attorney failed to include his Illinois attorney registration number as required. There is no legitimate excuse for this attorney error. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: November 7, 2023, Case #: 230088, Categories: Civil Procedure
J. Mullen grants, in part, two hair products companies' motion to dismiss a company's trademark infringement case related to a skincare product. The company's service of process related to its summonses were defective and, therefore, are quashed. It has 30 days to sufficiently perfect service.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: July 13, 2023, Case #: 3:23cv159, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark