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Civil Procedure Law
 
Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

Joel Doe v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de... More...   $0 (06-22-2018 - PA)

UNITED STATES OF AMERICA v. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

Natasha Meeks v. Autozone, Inc

Plaintiff and appellant Natasha Meeks contends that she suffered sexual
harassment on the job. She brought suit against her employer, defendant and appellant
AutoZone, Inc. (AutoZone), and the alleged harasser, defendant and appellant Juan
Fajardo, pursuing claims of sexual harassment, failure to prevent sexual harassment, and
retaliation in violation of the Fair Employment and Hou... More...
   $0 (06-22-2018 - CA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

UNITED STATES OF AMERICA v. EDWIN CABRERA-RIVERA United States Court of Appeals For the First Circuit

Appellant Edwin Cabrera-Rivera
("Cabrera") was charged in a two-count indictment with production
and possession of child pornography. In a deal with the
government, he agreed to plead guilty to the possession count --
an offense with no mandatory minimum sentence -- and the government
agreed to dismiss the production count -- an offense with a
mandatory fifteen-year ... More...
   $0 (06-21-2018 - )

MARCUS DEONTE STRONG v. STATE OF FLORIDA

Appellant challenges his sentences imposed after his open plea to the court, contending that the trial court relied on factors unsupported by the evidence in the case. The trial judge attributed to the defendant crimes for which he had not been arrested or charged, nor for which there was any evidence of his involvement. Consideration of unproven criminal activity violates due process. We there... More...   $0 (06-21-2018 - FL)

Sergio M. Hernandez, III vs. The State of Florida

Defendant, Sergio Hernandez, III, appeals from his judgment and sentence
for domestic battery by strangulation and false imprisonment. As his sole issue on
appeal, Hernandez contends that the trial court committed fundamental error in its
determination of Hernandez’s competency to proceed. Specifically, Hernandez
asserts that the trial court failed to make an independent asse... More...
   $0 (06-21-2018 - FL)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

Edward Wilson v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

The record in the instant case does not contain the indictments or technical record from the underlying charges, but we glean from the plea hearing that the Petitioner’s pleas arose from offenses committed on three separate dates in 2015. The Petitioner was charged with committing on March 23, 2015, the offenses of driving on a suspended license and violation of the financial responsibility law. ... More...   $0 (06-21-2018 - TN)

United States ex rel. Van Raalte, et al. v. Healogics, Inc. Middle District of Florida Federal Courthouse - Orlando, Florida

Orlando, FL - Healogics Agrees To Pay Up To $22.51 Million To Settle False Claims Act Liability For Improper Billing Of Hyperbaric Oxygen Therapy

The Justice Department announced on June 20, 2018 that Healogics, Inc. has agreed to pay up to $22.51 million to settle allegations that it violated the False Claims Act by knowingly causing wound care centers to bill Medicare for medically unn... More...
   $0 (06-21-2018 - FL)

Sandra Slater v. U.S. Steel Corporation Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District Cou... More...   $0 (06-21-2018 - AL)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

Jeffrey Cozzl v. City of Birmingham and Cedrick Thomas Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jeffrey Cozzi was arrested for the robbery of one pharmacy and the attempted robbery of another. He was released after the police found no evidence linking him to the crimes. Cozzi sued Officer Cedrick Thomas, the City of Birmingham, Alabama, and several other law enforcement officers alleging, among other claims, a violation of his Fourth Amendment right to be free from what he contends was an un... More...   $0 (06-21-2018 - AL)

Dennis Haynes v. Hooters of America, L.L.C. United States District Court for the Southern District of Florida - Miami, Florida

At issue in this appeal is whether the plaintiff’s claims for declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., are moot due to the fact that the defendant entered into a remediation plan as a result of a settlement between the defendant and a different plaintiff in an almost identical earlier-filed suit. After thorough revi... More...   $0 (06-21-2018 - FL)

Joseph Kantrell Norris v. State of Tennessee

On December 23, 2011, the homes of Sharon Perkins and Tory Dunlap were burglarized and robbed by four armed men. State v. Joseph Kantrell Norris, No. M201400857-CCA-R3-CD, 2015 WL 3486968, *1-2 (Tenn. Crim. App. Dec. 16, 2014), no perm. app. filed. Two weeks prior to the offenses, the Petitioner inquired as to where Dunlap lived. He had heard Dunlap had cash and wanted to rob him. On the day of... More...   $0 (06-20-2018 - TN)

WARREN FRYER V. COMMONWEALTH OF KENTUCKY

Melchizedek Fitzgerald contacted Lonnie Brand and made arrangements
to purchase marijuana. The two planned to meet near an apartment complex
in Radcliff, Kentucky, during the early morning hours of August 5, 2016. As
Fitzgerald got out of his vehicle and approached Brand, Fryer ~merged from /, behind the apartment building with a gun. Fryer aimed his gun at Fitzgerald.
Fitzgera... More...
   $0 (06-20-2018 - KY)

ROBERT KEITH WOODALL V. COMMONWEALTH OF KENTUCKY

Woodall pleaded guilty to murder;rape;and kidnapping and ajucy
recommended a sentence.of death, which the trial court adopted. Extensive
collateral-attack litigation followed:· Eventually, Woodall filed a Kentucky Rules . : .
of Civil Procedure ("CR") 60.02 and 60.03 motion, alleging that he is . . intellectually disabled and that the imposition of the death·perialty upon him. i~ More...
   $0 (06-20-2018 - KY)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

STATE OF OHIO - vs - MOHAMMED LAGHAOUI

On July 5, 2016, the Warren County Grand Jury returned a multi-count
indictment charging Laghaoui with attempted aggravated murder of a law enforcement
officer, felonious assault, improperly discharging a firearm into a habitation, tampering with
evidence, and domestic violence, among others. The charges arose after Laghaoui used
a Century Arms RAS-47 (a civilian variant of an... More...
   $0 (06-20-2018 - OH)

STATE OF OHIO v. MARI BETH TINLEY Ninth District Court of Appeals

As a result of an incident that occurred on March 25, 2017, Ms. Tinley was
charged with one count of domestic violence. Her trial date was postponed on two occasions and
ultimately set for July 10, 2017. Though she attempted to demand a jury trial a few days before
her scheduled trial, the court denied her request as untimely. An acting judge then presided over
her trial due... More...
   $0 (06-20-2018 - OH)

Derek W. Cole v. City of Aurora, Colorado, et al. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Derek W. Cole, a Colorado-licensed attorney appearing pro se, appeals the
district court’s dismissal of his claims against the City of Aurora, the Aurora City
Council, the Aurora Police Department, Sergeant Tim E. Genaro, several other
named individuals, and multiple Doe defendants. We exercise jurisdiction under
28 U.S.C. § 1291 and affirm.
I. BACKGROUND
Mr. Cole leased sp... More...
   $0 (06-19-2018 - CO)

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