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Civil Procedure Law
 
ERIC BENARD ROUNDS v. STATE OF ARKANSAS

Eric Rounds appeals from the sentencing order entered by the Pulaski County Circuit Court after a conditional plea of guilty. He challenges the court’s denial of his motion to suppress. We reverse and remand.
On November 26, 2016, Rounds was stopped by Little Rock police officer, Sergeant Jeffrey Plunkett, and a firearm was found in Rounds’s possession. He had a prior felony convi... More...
   $0 (04-25-2018 - AR)

STATE OF LOUISIANA VERSUS CARLOS DUPREE ROMIOUS Fifth Circuit Court of Appeal

On June 3, 2016, the Jefferson Parish District Attorney filed a bill of
information charging defendant with two counts of battery of a police officer, in
violation of La. R.S. 14:34.2. Defendant pled not guilty at his arraignment. He
thereafter filed a motion to appoint a sanity commission to determine his
competency to proceed to trial. On September 14, 2016, after consider... More...
   $0 (04-25-2018 - LA)

GERALD JANISE VERSUS ACADIAN AMBULANCE SERVICE, INC., ET AL

On April 16, 2013, at the intersection of the Evangeline Thruway and Mudd
Avenue in Lafayette, the plaintiff, Gerald Janise, was involved in an automobile
accident with William Gerard, an operations supervisor for Acadian Ambulance
Service, Inc. (hereafter referred to as “Acadian Ambulance”), who was driving a
company vehicle.1 Subsequently, Mr. Janise filed a petition for dam... More...
   $0 (04-25-2018 - LA)

IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

TARACORP v. DAILEY

On June 4, 2007, the District Court of Logan County, Colorado, granted the plaintiffs/appellants, Taracorp, LTD., and Tara and Kelly Barlean (collectively, Taracorp) a default judgment against the defendants/appellees, Jeff Dailey d/b/a A.J.'s Bargain World (collectively Dailey). The lawsuit apparently stemmed from Taracorp's allegations that Dailey breached a fiduciary duty and defrauded Taracorp... More...   $0 (04-24-2018 - OK)

United States of America v. MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest) Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - The U.S. Government and Pennsylvania Settle With MarkWest for Air Emission Violations at Natural Gas Facilities

The Department of Justice, the U.S. Environmental Protection Agency, and the Pennsylvania Department of Environmental Protection announced a settlement today with MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest), which is expe... More...
   $0 (04-24-2018 - PA)

Robin Prince-Rivers v. Federal Express Ground; Randstad Temporary Agency Southern District of Texas Courthouse - Houston, Texas

Plaintiff Robin Prince-Rivers sued defendants Federal Express Ground (“FedEx”) and Randstad Temporary Agency (“Randstad”), alleging employment discrimination. The district court granted the defendants’ separate motions to dismiss. We affirm.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumsta... More...
   $0 (04-24-2018 - TX)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

Jesus Jose Herrera v. The State of Texas

Appellant and J.B. cohabitated. J.B. had a daughter while appellant had two
daughters. Each child lived with him and J.B. Eventually, the relationship between J.B.
and appellant ended. Thereafter, all three children accused appellant of sexual abuse.
Though he denied it when interrogated by an investigating officer and his two children
later may have vacillated on whether ... More...
   $0 (04-24-2018 - TX)

Ex parte Judy Morales

Appellant Judy Morales seeks to appeal the trial court’s denial of her application for
writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.072, § 8. The clerk’s record contains an
order signed by the trial court denying habeas relief. The order appears to be the proposed order
submitted by appellant with her habeas application. The order reflects the denial of appellant’s
... More...
   $0 (04-24-2018 - TX)

United States of America v. Robert "Larry" Lytle, Ronald D. Weir and Irina Kossovskaia Federal Courthouse - Rapid City, South Dakota

Rapid City, SD - Three Conspirators Sentenced in $16.6m Fraudulent Medical Device Scheme
Trio Marketed Laser Devices to Elderly Consumers as Cure-All

Three defendants who marketed and sold light-emitting medical devices as a cure-all to consumers, primarily targeting the elderly, were sentenced on April 20, 2018 by a federal judge in Rapid City, South Dakota.

Robert “Larry” ... More...
   $0 (04-24-2018 - SD)

Sa'Toya Truss v. Civitas Health Services, Inc. Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Richmond, VA - Sa'Toya Truss sued Civitas Health Services, Inc. civil rights job discrimination theory under 42 U.S.C. 2000e.... More...   $0 (04-23-2018 - VA)

Jackie Wade Herrell Jr v. The State of Texas

On May 1, 2003, Herrell was convicted of sexual assault of a child under
seventeen years of age and sentenced to two years’ confinement. See Tex.
Penal Code Ann. § 22.011(a)(2)(A) (West Supp. 2017). As a result of that
conviction, he was required to register as a sex offender after his release. See
Tex. Code Crim. Proc. Ann. arts. 62.001(5)(A), 62.051(a) (West Supp. 2017). ... More...
   $0 (04-23-2018 - TX)

STATE OF KANSAS v. DAVID S. HANKE

According to testimony at the hearing on Hanke's motion to suppress the evidence, as Sergeant Jason Thompson of the Newton Police Department pulled his patrol car into the well-lit parking lot of a Kwik Shop convenience store around 2 a.m., he noticed a van with its engine running parked in a stall in front of the store. Thompson drove through the parking lot and stopped to talk to an acquaintance... More...   $0 (04-23-2018 - )

Machelle Wynne v. Menard, Inc ., and Praetorian Insurance Company

Wynne was employed by Menard and worked at a Menard
store in Scottsbluff, Nebraska. She was injured on the job on
two different occasions—a knee injury suffered on September
25, 2013, and a shoulder injury suffered on July 8, 2014.
On August 7, 2015, the Workers’ Compensation Court found
that Wynne had been injured in the scope and course of
her employment, that she had not... More...
   $0 (04-23-2018 - NE)

State of Nebraska v. James Cotton

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...
   $0 (04-23-2018 - NE)

STATE OF IOWA vs. CHARLES EARL JONES Iowa Court of Appeals

Charles Jones was convicted of robbery in the first degree, in violation of
Iowa Code section 711.2 (2016), going armed with intent, in violation of Iowa Code
section 708.8, carrying weapons, in violation of Iowa Code section 724.4, and
making a false report to law enforcement, in violation of Iowa Code section 718.6.
In this appeal, Jones challenges the sufficiency of the evi... More...
   $0 (04-23-2018 - IA)

STATE OF IOWA vs. DANIELLE ABANG-NTUEN

On July 14, 2015, Danielle Abang-Ntuen, her sister, Beatrice Abang-Ntuen,
and their mother, Wonetah Einfeldt,1 went to the home of Mulika Vinson to resolve
a dispute between Danielle and Mulika. A physical altercation eventually ensued
between Danielle, Beatrice, and Wonetah against Mulika, but the parties dispute
the order of events and who initiated the exchange. Mulika was... More...
   $0 (04-23-2018 - IA)

David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA V. MICHAEL ADAM DOMINGUE

The victim Donald Dean Trahan, Jr., aka “T-Don,” and his girlfriend
Jennifer Carlile lived in a trailer owned by Defendant. On March 22, 2016, Carlile
went to a hospital with a broken nose and eye sockets, apparently the result of a
beating from the victim. At about the same time that day, the victim was out
fishing. Carlile returned to the trailer after her hospital visit; ... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

Plaintiff originally filed suit against Defendants on January 31, 2011. However, the trial court dismissed Plaintiff's original petition without prejudice and, in January 2012, Plaintiff re-filed its petition. As stated above, Plaintiff asserted theories of breach of contract and negligence against Trinity. However, in March 2012, Trinity filed a motion to dismiss in which it argued, among other t... More...   $0 (04-21-2018 - OK)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

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