Harold Lloyd Murphy

United States v. One 2007 Toyota FJ Cruiser, VIN JTEBU11F670023522

District Court, N.D. Georgia · 2011-11-08 · cited 5×

This case is a federal civil forfeiture proceeding in which the government moved for summary judgment to seize a 2007 Toyota FJ Cruiser owned by Emanuel Lopez. The vehicle was allegedly used by Lopez to travel from Tennessee to Georgia after he exchanged dozens of explicit emails with an undercover officer posing as a 14-year-old girl named Sara via a Craigslist ad, arranging a sexual encounter. The court granted the motion, concluding that Lopez's entrapment defense was precluded by his prior state-court conviction on related charges, that any Fourth Amendment challenge to the vehicle's search and seizure was untimely or meritless, and that the undisputed facts established the vehicle's connection to the underlying criminal conduct.

criminal lawproperty

General Conference of Evangelical Methodist Church v. Evangelical Methodist Church of Dalton, Georgia, Inc.

District Court, N.D. Georgia · 2011-08-22 · cited 1×

This case involves a dispute between the General Conference of the Evangelical Methodist Church (plaintiff) and a local church in Dalton, Georgia (defendant) over the local church's attempted withdrawal from the denomination and related property issues. The plaintiff filed a complaint seeking a court order to compel arbitration under Section 701 of the church's Discipline, which outlines procedures for withdrawal votes, property transactions, and dispute resolution. The court granted the motion to compel arbitration, finding that the parties had entered into a valid and enforceable agreement to arbitrate through the 1955 affiliation and the Discipline's provisions. The core reasoning was that the Federal Arbitration Act favors enforcement of such agreements, the contract was valid under applicable state law, and no external legal constraints barred arbitration despite the defendant's arguments about procedural compliance and potential bias.

religious libertypropertyprocedure

Henderson v. SUN PHARMACEUTICALS INDUSTRIES, LTD.

District Court, N.D. Georgia · 2011-08-22 · cited 11×

This case involves a products liability claim by a plaintiff who suffered personal injuries allegedly from using generic versions of phenytoin and fosphenytoin. The court addressed motions to amend the complaint and to dismiss, focusing on whether failure-to-warn claims against generic drug manufacturers are preempted by federal law under the Supreme Court's decision in PLIVA v. Mensing. The court denied the motion to amend as futile and granted the motion to dismiss the remaining claims without prejudice, reasoning that federal law preempts state-law failure-to-warn claims against generic manufacturers, and other proposed claims failed to state a plausible cause of action or were similarly preempted.

torts & liabilityhealthcarefederal powerprocedure

BIO-MEDICAL APPLICATIONS OF GA. v. City of Dalton

District Court, N.D. Georgia · 2009-10-13 · cited 5×

Ellison v. Ford Motor Co.

District Court, N.D. Georgia · 2009-08-27 · cited 2×

United States Ex Rel. Tennessee Valley Authority v. Easements & Rights Of-Way Over a Total of 15.69 Acres of Land, More or Less, in Gordon County

District Court, N.D. Georgia · 2008-12-04 · cited 2×

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Harold Lloyd Murphy

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Decision record