142 results for 'filedAt:"2024-01-17"'.
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Wrongful Death
J. Nguyen finds that the district court properly entered convictions on two defendants for Maritime Drug Law Enforcement Act violations which prohibits possession of a controlled substance with intent to distribute while on board a covered vessel. Defendants were arrested after the U.S. Coast Guard determined their speedboat was carrying at least 1,000 kilograms of cocaine off the coast of Ecuador. The United States treated the vessel as stateless and brought the matter under its jurisdiction. Defendants challenged the government’s jurisdiction, arguing the provision under which jurisdiction was exercised is unconstitutional. The definition of “vessel without nationality” does not conflict with international law. Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: January 17, 2024, Case #: 22-50154, Categories: Drug Offender, Jurisdiction
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J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault, aggravated battery and other related offenses. Sufficient evidence was presented to support defendant's convictions, including eyewitness testimony identifying defendant as the shooter. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: January 17, 2024, Case #: S24A0010, Categories: Ineffective Assistance, Murder, Battery
J. McFadden finds that the trial court properly granted the homeowners' motion for judgment notwithstanding the jury's verdict in favor of the contractor in his breach of contract action against the homeowners for failure to pay. The trial court correctly found that the contractor could not recover from the homeowners because he did not hold a required contractor license. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 17, 2024, Case #: A23A1708, Categories: Contract
J. Bokor finds the trial court properly granted summary judgment to the insureds in a dispute with their insurance company over coverage of damages to their home, including an "allegedly unusable bathroom." The facts in the record support the jury's conclusions in favor of the insureds, in part because no fact-finder could determine based on the evidence that the insureds' collapsed bathroom without a working shower or toilet could be used for its intended purpose. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 17, 2024, Case #: 22-1564, Categories: Insurance, Contract
J. Scales finds the trial court improperly denied the shopping mall owner's motion for attorney fees in a citizen's slip and fall lawsuit. In part because the owner's joint proposal with the citizen regarding settlement funds was not ambiguous or invalid just for the fact that it did not have an explicit date for when the funds would be paid, and because the proposal satisfies all that needs to be satisfied under Florida statutes, the trial court was incorrect. On remand, the trial court is ordered to continue proceedings, including as to the citizen's claim that the owner's proposal was made in bad faith. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: January 17, 2024, Case #: 22-2237, Categories: Settlements, Tort, Attorney Fees
J. Cole partially grants the plaintiff financial services company’s motion to compel the defendant credit union to produce five categories of documents. This case concerns the financial services company’s “M1” logo and whether the credit union’s “M1st” logo is in breach of trademark. The services company wants access to the credit union’s merit marketing materials, brand guidelines, third-party mark use agreements, 2003 charter amendments and materials from prior litigation. The court orders the credit union to produce specific documents from these categories, but also orders the financial services company to clarify its demands regarding other documents.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv1162, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices, Discovery
J. Cole grants the suing property investor’s motion to compel production of documents from the sued fast food franchise operators. This case is a dispute over the finances and transactions needed to establish a a Hardee’s restaurant in Oswego, Illinois, over which the investor has accused the franchisers of racketeering in an effort to skip out on rent payments. The court finds that, given the RICO accusations, it’s important to uncover any evidence which could establish a record of communications between the individual operators.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv2697, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, Real Estate, Racketeering
J. Schroeder adopts the report and recommendation of the magistrate judge, overrules the parties' objections, and denies-in-part summary judgment in a suit brought under the Sherman Act over a company's alleged tactics to "maintain supracompetitive pricing" of its products in markets for networking equipment and services. Summary judgment is granted as to the Section 1 conspiracy and tying claims, but there is a genuine issue of material fact as to whether the company's tactics constituted anticompetitive conduct.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: January 17, 2024, Case #: 5:22cv53, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Communications
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. Nunley grants, in part, Land O’ Lakes’ partial motion to dismiss an individual’s claims related to the denial of his claim for indemnity under his dairy revenue protection policy. The individual fails to show a fiduciary duty to support his breach of fiduciary duty claim, and also fails to show it had an intent to defraud him to support his intentional misrepresentation claim.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: January 17, 2024, Case #: 1:22cv731, NOS: Other Contract - Contract, Categories: Insurance, Fiduciary Duty, Contract
J. Copenhaver grants the financial services company's motion for summary judgment in the homeowner's petition to quiet title over a reverse mortgage he signed personally, and as attorney-in-fact of his mother in 2017, finding since the homeowner knew what he was signing, he cannot effectuate his right of rescission without tendering the loan proceeds, plus the current value of the home, to the lender. The court sets for trial the remaining issue of the lender's dispute on the timeliness of the homeowner's rescission notices.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: January 17, 2024, Case #: 2:17cv3857, NOS: Other Contract - Contract, Categories: Housing, Business Practices, Banking / Lending
J. McMillian finds that the trial court properly convicted defendant of murder predicated on aggravated assault. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant was alone with the two-year-old victim in the hours before his death and that defendant repeatedly admitted he hit the victim in text messages on other occasions. Any error the trial court committed in refusing to allow an expert neurology witness to testify that the victim's death was caused by an enlarged heart probably did not contribute to the verdict. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: January 17, 2024, Case #: S23A1075, Categories: Murder, Child Victims
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: Construction, Property, Zoning
J. Kern finds that the circuit court properly entered conviction of third-degree rape after a four-day trial. Defendant challenged the validity of a search warrant for location data from his phone. The lower court properly made a determination on the validity of the search warrant. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: January 17, 2024, Case #: 2024SD4, Categories: Search, Sex Offender
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: Family Law, Property, Contract
J. Gladwin finds the circuit court properly terminated the mother's parental rights to her child. The child was taken into custody after testing positive for meth and THC at birth. Though the mother was partially compliant with the reunification plan, her failure of certain drug tests resulted in the termination of reunification efforts. The mother cannot show the court improperly denied her request for a continuance. Furthermore, counsel has filed a no-merit brief and his motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CV-23-355, Categories: Evidence, Family Law, Guardianship
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: Evidence, Probation, Sex Offender
J. Gladwin finds the circuit court properly revoked defendant's probation for her guilty plea conviction for theft of property. Defendant failed to report for intake and failed to make any payments on her fine or fees and costs. She also failed multiple drug tests. All evidence supports the court's finding that defendant inexcusably violated multiple conditions of her probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CR-23-180, Categories: Drug Offender, Probation, Theft
J. Virden finds the circuit court properly terminated the mother's parental rights to her five children. The department filed a petition for emergency custody and dependency-neglect based on inadequate supervision, food, clothing, shelter and/or medical or mental healthcare, failure to protect a child from serious physical injury, and maltreatment. One child drowned while being cared for by a 13-year-old developmentally delayed child. The mother's boyfriend was also found to have abused the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 17, 2024, Case #: CV-23-507, Categories: Evidence, Family Law, Guardianship