22 results for 'judge:"Reyes"'.
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Class Action, False Advertising
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: Civil Procedure, Employment, Health Care
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Real Estate
J. Reyes finds for a highway builder in the "litigation equivalent of 'Groundhog Day'" on its action to confirm a $196 million arbitration award against the Metropolitan Municipality of Lima. Lima failed to convince two tribunals the builder had engaged in bribery to secure its contract to build and improve the city's highways, and the builder timely sought to confirm the arbitration award.
Court: USDC District of Columbia, Judge: Reyes, Filed On: March 12, 2024, Case #: 1:20cv2155, NOS: Arbitration - Other Suits, Categories: Arbitration, Transportation
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J. Reyes affirms the defendant's DWI conviction, finding that the district court did not err by determining that the defendant's statements to paramedics were not protected by physician-patient privilege, nor by refusing to suppress evidence obtained through a search warrant for his medical records. Statements to paramedics are not covered by physician-patient privilege, and the presence of the defendant's girlfriend, who was not necessary or customary to his treatment rendered any statements nonprivileged.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: March 4, 2024, Case #: A23-0516, Categories: Evidence, Dui
J. Reyes affirms the district court's denial of the grandmother's motion for an evidentiary hearing after she filed a motion for adoptive placement. The grandmother's failure to file a valid adoption home study or an affidavit, statutory prerequisites for such a hearing, meant that the court's refusal to hold the hearing was not erroneous. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: January 29, 2024, Case #: A23-0877, Categories: Family Law, Juvenile Law
J. Reyers conditionally certifies a Fair Labor Standards Act collective action against the owners of two gas stations for unpaid wages. The litigant, a gas station attendant, sufficiently shows there are other, similarly situated employees who may have been victims of a common policy.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: January 26, 2024, Case #: 1:22cv5475, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Reyes affirms the district court's adjudication of the minor as delinquent of fifth-degree criminal sexual conduct following his breach of a continuance for dismissal agreement. District courts retain subject-matter jurisdiction over adult defendants' termination hearings for continuances for dismissal until a defendant's 21st birthday under an exception to Minnesota's juvenile-jurisdiction statute permitting them to conduct a trial. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: January 22, 2024, Case #: A23-0752, Categories: Juvenile Law, Sex Offender
J. Reyes finds that the lower court properly found for the insurer, which denied the insured motorcyclist's attempt to "stack" uninsured motorist coverage limits from three separate policies. The policies unambiguously provide that such coverage limits may not be aggregated or combined. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: January 17, 2024, Case #: 230193, Categories: Insurance, Vehicle, Contract
J. Reyes affirms the district court's dismissal of the data requesters' action seeking data related to election procedures from a county director of property tax and elections. The director is a designee, not the responsible authority, for the relevant data under the Minnesota Government Data Practices Act, and therefore was not a proper defendant for this case. The district court also did not err in dismissing the case without joining the responsible authority as a defendant, nor in dismissing the requesters' request for a declaratory judgment as to whether the county's procedures complied with the Act. It also did not err in determining that it lacked subject-matter jurisdiction over a count seeking a prohibition of the use of modems in voting machines, since the requesters did not comply with relevant service requirements. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: December 18, 2023, Case #: A23-0302, Categories: Elections, Government, Public Record
J. Reyes finds that the lower court properly found for the insurer, finding that the White Sox are not additional insureds on the ballpark cleaning service's insurance policy. There was no written agreement between the cleaning service and the White Sox requiring the White Sox to be named as additional insured under the policy, so the White Sox are not entitled to coverage by the insurer in this trip and fall suit. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: November 29, 2023, Case #: 230101, Categories: Insurance, Contract
J. Reyes affirms the defendant's conviction for possession of ammunition as an ineligible person, finding that the district court did not err in barring the defendant's attorney from arguing that the state needed to prove that the defendant knew the ammunition he possessed was operable. While the defendant can argue that the ammunition was inoperable and therefore its possession was not unlawful, the state need not prove knowledge of operability. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: October 23, 2023, Case #: A22-1744, Categories: Firearms, Probation, Weapons
J. Reyes grants default judgment to several individuals on their claims arising from a terrorist attack by the Taliban in 2016 at Camp Sullivan in Kabul, Afghanistan. Twelve of the 13 camp residents who were injured in the attack, along with nine immediate family members, have provided sufficient evidence to show the Islamic Republic of Iran should be held liable for the attack for its support of the Taliban.
Court: USDC District of Columbia, Judge: Reyes, Filed On: September 25, 2023, Case #: 1:19cv2518, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism
J. Reyes finds that the lower court properly found for Trump Tower's insurers and granted their motions for judgments finding they owed the Chicago hotel no duty to defend it in a lawsuit over the improper operation of a cooling water intake structure. Coverage is barred by the policies' pollution exclusion provisions. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: August 30, 2023, Case #: 221625, Categories: Environment, Insurance, Contract
J. Reyes affirms the district court's dismissal of a probate proceeding involving an out-of-state decedent, finding that the district court did not abuse its discretion by raising the issue of an improper venue and that it provided sufficient notice to the creditor for the hearing on venue. The district court also did not abuse its discretion by denying in part a motion for amended findings of fact, and its order denying a motion for a new trial was not appealable. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: May 22, 2023, Case #: A22-1262, Categories: Wills / Probate, Venue