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Abandonment Law
 
LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

STATE OF OHIO - vs - JASON F. ALLEN, a.k.a. ALLEN, JASON FOSTER

December 9, 2015, Mr. Allen was indicted for one count of Illegal Manufacture of Drugs, a felony of the first degree, in violation of R.C. 2925.04(A)(C)(3)(b); one count of aggravated possession of drugs, a felony of the first degree, in violation of R.C. 2925.11(A)(C)(1)(d); one count of illegal assembly or possession of chemicals for the manufacture of drugs, a felony of the third degree, in... More...   $0 (08-14-2018 - OH)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Dagny Knutson v. Richard J. Foster

After a three-week trial, the jury found in favor of Dagny Knutson on her
fraudulent concealment and intentional breach of fiduciary duty claims against her former
attorney, Richard J. Foster, and awarded her economic and noneconomic damages. The
trial court granted Foster’s motion for a new trial on the grounds that Knutson did not
prove Foster’s conduct was the cause of Knutson’s... More...
   $0 (08-10-2018 - CA)

Joshua A. Perkins vs. State of Missouri

The State charged Perkins with the class A felony of assault of a corrections officer
in the first degree (Count I) and the class B felony of committing violence against an
employee of the Department of Corrections (Count II). Perkins appeared with counsel at
a plea and sentencing hearing on May 5, 2016. At the hearing, the State initially announced
the agreed upon sentence t... More...
   $0 (08-07-2018 - MO)

STATE OF MONTANA v. MICHAEL GILBERT ILK

On April 15, 2015, Ilk shot Hadassah Pereslete and Tyler Wilson at a construction
site near Eureka. The 40-year-old Ilk and 23-year-old Pereslete had been in a long-term
relationship that Pereslete ended in January of 2015, after Ilk physically assaulted her.
Followingthe break-up, Ilk continued to pursue Pereslete, and sent her a letter apologizing
for the “domestic abuse” ... More...
   $0 (08-02-2018 - MT)

STATE OF OHIO v. GARY L. MAY

Mr. May was indicted on twelve counts of rape and twelve counts of sexual
battery involving two young girls whom his wife was babysitting. Prior to trial, the State
amended two counts of rape to gross sexual imposition and dismissed two counts of sexual
battery. After a jury trial, Mr. May was found guilty of ten counts of rape, two counts of gross
sexual imposition, and ten ... More...
   $0 (08-01-2018 - OH)

Jaime Antonio Alvarenga v. The State of Texas MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Because the underlying facts are known to the parties and not necessary for disposition of
the appeal, we issue this memorandum opinion. TEX. R. APP. P. 47.1.
The trial court’s judgments in each case incorrectly identify appellant’s defense counsel as
“Phillip Mayes.” The record establishes “Phillip Hayes” represented appellant in the proceedings.
We are authorized to refo... More...
   $0 (07-30-2018 - TX)

Freedom From Religion Foundation, Inc. v. Chino Valley Unified School, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Establishment Clause serves intertwined purposes, pertaining to individual freedom and the democratic nature of our system of government. The Clause protects “the individual’s freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience.” Wallace v. Jaffree, 472 U.S. 38, 49 (1985). It likewise ensures that the government in no way acts to make be... More...   $0 (07-29-2018 - CA)

STATE OF KANSAS v. ROY D. BROWN

Roy D. Brown appeals the trial court's judgment denying his presentencing motion to withdraw plea. He also challenges an alleged error concerning his journal entry of judgment. Brown's plea withdrawal argument hinges on his belief the trial court abused its discretion when it found that his attorneys did not coerce him to accept his plea agreement or to enter his plea. Brown also argues that his... More...   $0 (07-28-2018 - KS)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

JOHN R. JACKSON v. STATE OF TENNESSEE

A Montgomery County jury convicted the Petitioner of two counts of facilitation of aggravated robbery, one count of aggravated burglary, one count of facilitation of theft
07/20/2018
-2
of property over $500, and one count of aggravated sexual battery. On direct appeal, this court summarized the evidence presented at the Petitioner’s August 2012 trial as follows: [K.M.]1 testified t... More...
   $0 (07-20-2018 - TN)

LOWELL CLYDE MILNER v. STATE OF MISSOURI Failing to register as a sex offender

Milner pleaded guilty to two counts of failing to register as a sex offender. The
circuit court sentenced Milner to four years’ imprisonment for each count to run
consecutively. The circuit court suspended execution of Milner’s sentence, and placed
him on five years’ probation. Subsequently, Milner’s probation was revoked, his
sentence was executed, and he was delivered to t... More...
   $0 (07-19-2018 - MO)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

ichael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi

During an investigation for child pornography, the Mississippi Attorney General’s
Cyber Crime Unit (the “Cyber Crime Unit”), through Investigator Kyle Moore, obtained a
warrant to search Donaldson’s residence. Investigators seized over thirty items of digital
evidence; these items included a Dell laptop that was found on the toilet in the master
bathroom (“Laptop 1”) and a Dell la... More...
   $0 (07-09-2018 - MS)

STATE OF OHIO vs. GREG EVANS

At trial, Ebony Brown testified that in September 2016, she had been in a
relationship with Evans for about a year. Although they had lived together in the past,
they were not then living together. Evans would come over to her apartment and leave
when she went to work. At that time, Brown was working third shift, from 11:00 p.m. to
9:30 a.m., at a group home that provided ca... More...
   $0 (07-08-2018 - OH)

CORE CASHLESS, LLC. v. KANSAS DEPARTMENT OF LABOR

Eugene Brooks Lilly and Shannon Lilly, father and daughter, were employed by Core Cashless, LLC (Core LLC) from November 9, 2011, to August 31, 2012. Brooks and Shannon were previously employed by Core LLC's predecessor, Core Cashless, Inc. When employed by Core Cashless, Inc., Brooks' salary was $150,000.

Under the direction of Core LLC's owner, Daniel Owen, Shannon drafted offer lett... More...
   $0 (07-07-2018 - KS)

UNITED STATES OF AMERICA v. GREGORY JOEL SITZMANN United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

On May 21, 2012, following a 23-day trial, a jury found appellant Gregory Sitzmann guilty of one count of conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 846 (2012). The Government presented evidence at trial that, from approximately 1990 to 2004, Sitzmann participated in a conspiracy to traffic large... More...   $0 (07-05-2018 - DC)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - CA)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

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