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  • Court of Appeals: November 24, 2023

    Publication Date: 2023-11-24
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Court of Appeals, New York State
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Cases & Motions: released November 20, 2023

  • McLeod v. Costco Wholesale Corp. et al.

    Publication Date: 2023-11-24
    Practice Area: Business Torts | Civil Procedure
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Torin Togut, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: John Murray, Lauren Gregory, Connor Bateman, (Seyfarth, Shaw, Fairweather & Geraldson), Atlanta, for appellee.
    Case Number: A23A1055

    General Remedy For Failure to Plead Fraud-Related Claims Was More Definite Statement, Not Dismissal

  • The People &c.,Respondent,v.Victor Medina,Appellant.

    Publication Date: 2023-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals, New York State
    Judge: Unsigned MEMORANDUM
    Attorneys: For plaintiff: Submitted by Cliff Gordon, for appellant.
    for defendant: Submitted by Danielle K. Blackaby, for respondent.
    Case Number: No. 101 SSM 9

    People v.Victor Medina

  • BB FIT, LP v. EREP Preston Trail II, LLC

    Publication Date: 2023-11-20
    Practice Area: Civil Appeals | Contractual Disputes | Landlord Tenant Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Breedlove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 05-22-00682-CV

    A tenant, who argued on appeal that the landlord was not entitled to damages and fees related to tenant's inability to perform the commercial lease, failed to prove on appeal that it was entitled to relief.

  • Tracy Garner et al. v. Acadia Healthcare Company, Inc. et al.

    Publication Date: 2023-11-20
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Naveen Ramachandrappa, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, Matthew Cathey, (Cathey & Strain. LLC), Cornelia, Brian Blankenship, Las Vegas, Joshua K Conaway, Albuquerque, for appellant.
    for defendant: Daniel Huff, Randolph Powell, Eric Wilder, Alexander Vey, (Huff, Powell & Bailey, LLC), Atlanta, Y. Williams, Anna Idelevich, Michael Weathington, (Weinberg Wheller Hudgins Gunn & Dial), Atlanta, for appellee.
    Case Number: A23A1090

    Court upholds dismissal of wrongful death claim due to lack of standing over a question of whether the plaintiffs were able to allege that an individual had died

  • VanDerStok v. Garland

    Publication Date: 2023-11-20
    Practice Area: Administrative Law | Constitutional Law | Regulation
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Engelhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-10718

    Plaintiffs filed a petition for review of the April 26, 2022, Final Rule, 87 Fed. Reg. 24652, updating the definitions of firearm and frame or receiver issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives in the district court which promptly issued a series of preliminary injunctions enjoining enforcement and the government appealed.

  • In re Marriage of V.S. and V.K.

    Publication Date: 2023-11-17
    Practice Area: Family Law
    Industry:
    Court: Court of Appeal, 6th District
    Judge: Justice Lie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: H050105

    Date of marriage is legal conclusion not subject to judicial admission

  • Cunningham v. Cornell Univ.

    Publication Date: 2023-11-17
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Chief Judge Debra Ann Livingston
    Attorneys: For plaintiff: For Plaintiffs-Appellants-Cross-Appellees: Jerome J. Schlichter, Heather Lea, and Joel D. Rohlf, on the brief, Sean E. Soyars, Schlichter Bogard & Denton LLP, St. Louis, MO.
    for defendant: For Defendants-Appellees-Cross-Appellants: Nancy G. Ross, Samuel P. Myler, and Jed W. Glickstein, on the brief, Michael A. Scodro, Mayer Brown LLP, Chicago, IL; Michelle N. Webster, on the brief, Mayer Brown LLP, Washington, DC, for Cornell University, The Retirement Plan Oversight Committee, and Mary G. Opperman. For CapFinancial Partners, LLC: Eric S. Mattson, Joseph R. Dosch, and Meredith R. Aska McBride, on the brief, Caroline A. Wong, Sidley Austin LLP, Chicago, IL. For Chamber of Commerce of the United States of America and American Benefits Council, amici curiae in support of Defendants-Appellees-Cross-Appellants: Jaime A. Santos and William M. Jay, Goodwin Procter LLP, Washington, DC; James O. Fleckner and Alison V. Douglass, Goodwin Procter LLP, Boston, MA; Stephanie A. Maloney, U.S. Chamber Litigation Center, Washington, DC.
    Case Number: 21-88-cv

    Retirement Plan Participants Fail to Plausibly Allege 'Prohibited Transactions' Claim

  • XIE Law Offices, LLC et al. v. Luo

    Publication Date: 2023-11-15
    Practice Area: Dispute Resolution
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Erika Birg, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, (Thompson Hine LLP), Atlanta, David Minces, (Minces Rankin PLLC), Bellaire, for appellee.
    Case Number: A23A0985

    Court affirms confirmation of an arbitration award in favor of an employee and denies employer's motion to vacate confirmation, but vacates and remands a portion of the order related to interest

  • In the Interest of A.N.C.

    Publication Date: 2023-11-13
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-23-00497-CV

    Appellants appealed the trial court's order terminating their parental rights to their son, A.N.C.