Ninth Circuit remanded the case for trial in 1983. It was later "resolved without trial". Star Wars director George Lucas also threatened legal action against Apogee, Inc., the visual effects studio formed by John Dykstra and several other former artists from Lucas' Industrial Light and Magic who decided to remain in Van Nuys rather than relocate to San Rafael, California with the rest of the company. Lucas claimed that Apogee's work on Galactica was being done with equipment that he had left behind, for a project that would be in direct competition against Star Wars. Eventually, Apogee agreed to surrender the equipment to ILM, and several members of Dykstra's team returned to ILM. Afterwards, Universal's newly formed visual effects division, Universal Hartland Visual Effects, took over the show's visual effects for the remainder of its run. Lucas also went after Galactica merchandise, claiming that the Cylon Raider and Colonial Viper toys could be confused with his own Star Wars toys. His major contention was that the Galactica toys featured plastic pellets that could be fired to simulate lasers, and these constituted a choking hazard for children, and he did not want to be blamed for any such accidents, despite none of the Star Wars toys offered by Kenner having anything similar. Such an accident came to pass on Christmas Day 1978, when a four–year old child accidentally shot one of the pellets from a Cylon Raider toy into his mouth, where it lodged in his larynx and caused his brain to be deprived of oxygen: he was declared dead on New Year's Eve 1978. The following year, Mattel issued an immediate recall of all Galactica toys, and the boy's parents sued Mattel. A second incident involved the Colonial Viper toy which ended in emergency surgery to remove an inhaled pellet from a young boy's lungs. The second incident was not fatal, but Mattel subsequently redesigned all of its Galactica toys so that the pellets no longer left the toy when fired. Ratings Battlestar Galactica initially was a ratings success. CBS counter programmed by moving its Sunday block of All in the Family and Alice an hour earlier, to compete with Galactica in the 8:00 timeslot. From October 1978 to March 1979, All in the Family averaged more than 40 percent of the 8:00 audience, against Galactica's 28 percent. In mid-April 1979, ABC executives canceled the show. An AP article reported