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Administrative Law Law
 
MATTHEW L. BILLINGTON v. MIDWEST MINERALS, INC. and CINCINNATI INSURANCE CO.

Billington worked as a heavy equipment operator for Midwest Minerals. In January 2015, he had a disagreement with Chapman. Chapman picked Billington up and "tossed [him] on a bunch of rocks," where Billington landed on the back side of his ribs. Billington suffered a rib injury and a punctured lung. The injuries sustained required "extensive treatment" which included chest surgery and the excision... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. MATTHEW A. STIEB

Stieb pled guilty to four criminal counts involving aggravated indecent liberties with a child and aggravated indecent solicitation of a child. On November 20, 2014, he was sentenced to life in prison with a possibility of parole in 25 years.

On August 15, 2016, over a year and a half after he was sentenced, Stieb filed a pro se notice of appeal which stated that he "thought [his] attor... More...
   $0 (08-18-2018 - KS)

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. ADRIAN NATURE

After drinking three or four containers of beer, Nature got into his vehicle outside of the El Portal Community Center. He planned to drive fifteen miles along a curvy mountain road to his campsite in Yosemite National Park. Bystanders saw him stagger and stumble while heading to his vehicle. They tried to persuade him not to drive and even parked behind his vehicle. A National Park Service ranger... More...   $0 (08-17-2018 - CA)

Leta Penrod v. Nancy A. Berryhill (Commissioner, Social Security Administration) Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Leta Penrod brings this appeal on behalf of
her deceased husband, Tod Penrod, who before his death applied
for disability insurance benefits based on various impairments,
including arthritis, diabetes, and high blood pressure.
An administrative law judge determined that, despite
2 No. 17‐2973
these impairments, Penrod retained the capacity to work
through his last... More...
   $0 (08-17-2018 - IN)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

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)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

Lukace Kendle vs. The State of Florida

Kendle was charged with shooting two men in the parking lot of Club Lexx a/k/a Club Ro-lexx, a strip club where Kendle was employed as a security guard on, or about, June 1, 2012. Kijuan Lamar Byrd died from his injuries. Michael Smathers survived, but is paralyzed from the waist down. At all relevant times, Kendle claimed that the shooting was justified under Florida’s Stand Your Ground L... More...   $0 (08-16-2018 - FL)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

State of Tennessee v. Dedrick Wiggins

This appeal arises from the shooting death of Larry Richards (“the victim”) on November 6, 2013, for which Defendant was subsequently indicted for first degree premeditated murder (Count 1), first degree felony murder (Count 2), and three counts of convicted felon in possession of a firearm (Counts 3-5). The case proceeded to trial in May 2016. Benjamin Piercetestified that, around 2:00 a.m. on ... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Michael A. Flippen, Jr.

The Defendant shot and killed the victim, Ms. Princess Clark, andwas indicted for first degree premeditated murder, being a felon in possession of a firearm, possessing a weapon after being convicted of a domestic violence offense, and reckless endangerment. The Defendant entered a guilty plea to the lesser-included offense of second degree 08/09/2018 -2 murder. Pursuant to the plea agreement,... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

State of Tennessee v. William Shannon Gresham

The victim, who will be identified by her initials K.B., was 11 years old at the time of trial. She testified that Defendant was her stepfather. She testified about an incident that happened when she was eight years old. She was visiting Defendant at the home of Defendant’s mother, whom she referred to as “Gamma Lissa.” K.B. testified that Defendant took video of her doing tumbling and gymnasti... More...   $0 (08-15-2018 - TN)

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

United States of Amrica v. Ancient Coin Collectors Guild District of Maryland Federal Courthouse - Baltimore, Maryland

This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins, which were imported into this country by the Guild. Incorporated within its challenge to the propriety of the district court’s summary judgment decision, the Guild contests th... More...   $0 (08-14-2018 - MD)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

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)

Caleb Bixler v. State of Indiana

In August of 2015, Bixler, Keith Cornwell (Cornwell), Ricky Ogden (Ogden), John Murphy (Murphy), and Ron Trahan (Trahan) were all residing in a two story house located on the east side of Indianapolis, Indiana. Trahan occupied the downstairs bedroom. One of the two upstairs bedrooms was shared by Ogden and Murphy, while Cornwell and Bixler shared the other. Cornwell did not get along with T... More...   $0 (08-12-2018 - IN)

Jan C. Torres-Pagan v. Commissioners, Social Security Administration (Nancy A. Berryhill) District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this Social Security
benefits opinion, Jan Torres-Pagán ("Torres-Pagán") appeals from
the District Court's order upholding an administrative law judge's
("ALJ") conclusion that, although he had previously been eligible
for Supplemental Security Income ("SSI") benefits as a child, he
was ineligible for the same as an adult. Because we believe the
record before the ALJ was... More...
   $0 (08-12-2018 - MA)

Robyn Dale Murphy, Jr., aka Robin Dale Murphy, Jr. v. Exeter Finance Corp.

On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. Excel assigned the contract to Exeter. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, r... More...   $0 (08-11-2018 - TX)

CORY ACKERMAN v. KANSAS DEPARTMENT OF REVENUE

In June 2016, a Kansas Highway Patrol Trooper stopped Ackerman for failing to signal before making a turn. Ackerman admitted consuming alcoholic beverages, he reeked of alcohol, and had bloodshot eyes. He failed field sobriety tests and a preliminary breath test. The trooper arrested him for driving under the influence of alcohol.

Later, the trooper read the advisory DC-70 form revise... More...
   $0 (08-10-2018 - KS)

CITY OF DERBY v. STATE OF KANSAS ex rel. NICK JORDAN, SECRETARY, KANSAS DEPARTMENT OF REVENUE

The City of Derby sought judicial review of the action of the Kansas Department of Revenue (KDR) in response to Derby's complaint about the distribution of use tax proceeds that the KDR collected. The KDR responded by moving to dismiss Derby's petition for lack of standing. The district court agreed and dismissed Derby's petition. Derby appeals the district court's dismissal based on Derby's claim... More...   $0 (08-09-2018 - KS)

HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his ... More...   $0 (08-09-2018 - KS)

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