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Communications Law
 
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)

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)

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

STATE OF KANSAS v. TRAVIS P. ODOM Rape and aggravated indecent liberties with a child

Though Odom's brief provides a limited sketch of the underlying facts, the circumstances prompting the State to charge Odom with four counts of rape and one count of aggravated indecent liberties with a child are immaterial for purposes of resolving Odom's issues on appeal. This court need only to address the procedural history of the case to provide a background for the legal challenges Odom rais... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

STATE OF KANSAS v. GARY M. MOORE

On August 7, 2015, Moore was charged with one count of unlawfully tampering with electronic monitoring equipment. Moore retained David Phillip Leon as counsel, who then entered his appearance on August 10, 2015. Throughout the pendency of his case, Moore was serving an underlying prison sentence. During this time, he filed several pro se motions, including a motion to dismiss his counsel and a mot... More...   $0 (04-14-2018 - KS)

STATE OF LOUISIANA V. TEDDY AGUILLARD

On May 26, 2015, Defendant, Teddy Aguillard, owned a driving school in
Eunice and was teaching driving lessons when he made lewd comments to two of
his juvenile students, S.B. and A.A.1 On October 26, 2015, Defendant was charged
with two counts of indecent behavior with juveniles, violations of La.R.S.
14:81(A)(2).2 On February 17, 2017, a unanimous jury found him guilty as <... More...
   $0 (04-13-2018 - LA)

State of Louisiana v. Labroderick Alexander

On July 17, 2016, Kevin White (“White”) was shot. White died from
his injury the following day. A grand jury indicted Alexander for the second
degree murder of White on September 23, 2016. The jury trial began on May
1, 2017.
Arthur Sloan was the first to testify at trial. Sloan lived across the
street from White’s mother and testified that in the early hours of July 1... More...
   $0 (04-13-2018 - LA)

The Regents of the University of California v. The Superior Court of Los Angeles County, Katherine Rosen

After he enrolled in the University of California at Los Angeles (UCLA),
Damon Thompson experienced auditory hallucinations. He believed other
students in the classroom and dormitory were criticizing him. School
administrators eventually learned of Thompson’s delusions and attempted to
provide mental health treatment. However, one morning Thompson stabbed
fellow student Katheri... More...
   $0 (04-10-2018 - CA)

Charles A. Jones and Josh Watson v. Royal Administration Services, Inc. District of Nevada Federal Courthouse - Las Vegas, Nevada

Charles Jones and Josh Watson seek to hold Royal
Administration Services, Inc. (“Royal”) liable for several
telephone calls made in violation of the Telephone Consumer
Protection Act (“TCPA”), 47 U.S.C. § 227, by telemarketers
employed by All American Auto Protection, Inc. (“AAAP”).
Though a broad range of agency theories may form the basis
4 JONES V. ROYAL ADMIN. SVCS.
... More...
   $0 (04-09-2018 - NV)

James Leigh Ferris v. Dianna Winn, f/k/a Dianna M. Ferris

The former husband, James Ferris (the "father"), appeals the trial court's
nonfinal order granting the former wife's, Dianna Winn (the "mother"), verified
emergency motion ("verified motion") to suspend a mediated postdissolution
timesharing agreement and prohibiting the father from contacting their three minor
children. On appeal, the father argues that he was deprived of his proc... More...
   $0 (04-06-2018 - FL)

SHATANI BUCK JR. vs. STATE OF IOWA

Ignoring his own misconduct, Shatani Buck Jr. blames his current plight on
his plea counsel and asks that his felon-in-possession-of-firearm conviction be
tossed. We affirm the district court’s denial of Buck’s application for postconviction
(PCR) relief.
In December 2012, Buck was charged by trial information with Count I, felon
in possession of a firearm, in violation ... More...
   $0 (04-06-2018 - IA)

STATE OF OHIO VS. EDSON D. HALK

On January 29, 2009, Appellant was indicted on three counts of rape in violation of R.C. 2907.02(A)(1)(b), which prohibits sexual conduct with a child under the age of thirteen. Each count was charged as felony/life and specified he purposely compelled the victim to submit by force or threat of force. Count one was based on 2006 conduct; count two was based on 2007 conduct; and count three was b... More...   $0 (04-04-2018 - OH)

Michele Clark v. All Acquisition, L.L.C., et al. Southern District of New York - New York, New York

In 2015, John Edward Clark was diagnosed with mesothelioma,
a cancer caused by the inhalation of asbestos fibers. At that time, Mr.
Clark was nearing completion of a Chapter 13 bankruptcy plan that
he and his wife, Michele, had entered into in 2010. Although the
Clarks fulfilled their last remaining obligations under the plan within
a matter of weeks, their bankruptcy proceedin... More...
   $0 (04-02-2018 - NY)

City and County of San Francisco v. Homeaway.Com, LLC

A. HomeAway’s Business
In the trial court, HomeAway offered evidence about its business and storage of
electronic records by filing the declaration of Steve Davis, HomeAway’s chief digital and
cloud officer. Davis described HomeAway as an “online forum that allows property
owners to list their properties for short-term rentals and connect with individuals who are
looking to ren... More...
   $0 (04-01-2018 - CA)

ANNE O’HARA BYNUM V. STATE OF ARKANSAS

There are no factual disputes. In early 2015, Bynum, a 37-year-old divorced woman
living with her mother, stepfather, brother, and four-year-old son, T.B., outside of
Monticello, discovered she was pregnant. She believed her mother would not allow her
and T.B. to continue living in her home if her mother learned Bynum was pregnant;
therefore, Bynum did not tell her mother abo... More...
   $0 (04-01-2018 - AR)

UNITED STATES OF AMERICA v. GARY COOPER United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

Cooper’s convictions and sentences followed one year of pretrial litigation, an eight-day jury trial and a thorough sentencing process. We recite only the background necessary to resolve Cooper’s claims of multiplicity and sentencing errors. A. INDICTMENT “Charg[ing] the same offense in more than one count”— “a problem known as multiplicity”—is “a defect[] in the indictment.” United States v. W... More...   $0 (03-31-2018 - DC)

TODD MICHAEL SCRIBER v. STATE OF MARYLAND

On October 2, 2015, appellant, a science teacher at a Montgomery County high
school, administered a makeup exam to N.S., one of his students.1 As part of the
accommodations for her learning disability, N.S. took a written examination and then had
the questions administered orally.
After completing the written examination, N.S. went to the front of the classroom,
where a... More...
   $0 (03-31-2018 - MD)

Loyd P. Cadwell v. Kaufman, Englett & Lynd, P.L.L.C. Middle District of Florida Federal Courthouse - Tampa, Florida

This case arises under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which, among other things, amended federal law to impose new requirements and prohibitions on professionals who assist with the preparation of bankruptcy petitions. The provision specifically at issue here, 11 U.S.C. § 526(a)(4), provides in relevant part that a “debt relief agency”—including a law firm tha... More...   $0 (03-30-2018 - FL)

STATE OF KANSAS v. BROOKE DANIELLE DINKEL Sex Offender

Dinkel was hired as a counselor at Smoky Valley Middle School in Lindsborg, Kansas, for the 2012-13 school year. K.H. was an eighth grader there. His aunt was a friend of Dinkel's family and asked Dinkel to check on K.H. periodically because he had had difficulties at his previous school. K.H. was large for his age—6'2" and about 170 pounds.

Dinkel began counseling K.H. and frequently... More...
   $0 (03-29-2018 - KS)

STATE OF MONTANA v. MICHAEL GORDON BEAUCHMAN

The Sixth and Fourteenth Amendments to the United States Constitution, and
Montana Constitution Article II, Section 24, guarantee criminal defendants the right to
effective assistance of counsel. However, counsel’s performance was constitutionally
ineffective only if (1) the performance was deficient and (2) the deficient performance
resulted in actual prejudice to the defenda... More...
   $0 (03-29-2018 - MT)

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