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Concealment Law
Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Ming Dai v. Jefferson B. Sessiona III Northern District of California Federal Courthouse - San Francisco

Ming Dai is a citizen of China. He testified that he was
beaten, arrested, jailed, and denied food, water, sleep, and
medical care because he tried to stop the police from forcing
his wife to have an abortion. The Board of Immigration
Appeals (BIA) nevertheless found that Dai was not eligible
for asylum or withholding of removal.
There is one clear and simple issue in this ... More...
   $0 (03-09-2018 - CA)

James Horton v. Frank Pobjecky, Gary Caruana and Winnebago County Northern District of Illinois Federal Courthouse - Rockford, Illinois

Sixteen‐year‐old Michael
DeAngelo Sago, Jr., and three other young men attempted to
rob a pizzeria at gunpoint. Frank Pobjecky, an off‐duty police
2 No. 17‐1757
officer waiting for a pizza, shot and killed Michael.1 James
Horton, as administrator of Michael’s estate, brought various
federal and state claims against Pobjecky and others. The
distri... More...
   $0 (02-27-2018 - IL)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Ralph Janvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

United States of America v. Brett Gessay District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NY - Exeter Man Pleads Guilty to Making False Statements to Obtain Social Security Benefits

Brett Gessay, 55, of Exeter, pleaded guilty in federal court to making a false statement in order to obtain Social Security benefits, announced Acting United States Attorney John J. Farley.

According to public records in the case, Gessay began receiving Social Security... More...
   $0 (02-22-2018 - NH)

Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

Margery Newman v. Metropolitan Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor... More...
   $0 (02-07-2018 - IL)

United States of America v. Talman Harri Northern District of Ohio Courthouse - Cleveland, Ohio

Talman Harris appeals his criminal convictions and sentences,
arguing that the district court erred by: (1) barring Harris from impeaching a government
No. 17-3087 United States v. Harris Page 2
witness; (2) admitting government summary evidence; (3) giving an inaccurate jury instruction
with regard to a stockbroker’s fiduciary duties; and (4) failing to investigate potential... More...
   $0 (02-06-2018 - OH)

James Smith, Sr. v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da... More...   $0 (01-31-2018 - FL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

United States v. Muhammad Anwar Northern District of Iowa Courthouse - Waterloo, Iowa

A jury convicted Muhammad Anwar of : (1) conspiracy to distribute controlled
substances and controlled substance analogues, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(c), and 846, and (2) conspiracy to commit money laundering, in violation
of 18 U.S.C. § 1956(h). The district court1 sentenced Anwar to 240 months’
imprisonment on the first count and 60 months on the second co... More...
   $0 (01-28-2018 - IA)

SMS Financial XXIII, LLC v. Cornerstone Title Company

A bank made a business loan that was guaranteed by the principals of the business
and secured by a deed of trust on property the principals owned. Years later, the bank
assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After
the borrower defaulted on payment, SMS undertook preparations to foreclose on the deed
of trust and in the process discovered th... More...
   $0 (01-27-2018 - CA)

Liberty Coins, L.L.C. v. David Goodman Southern District of Ohio Federal Courthouse - Columbus, Ohio

Plaintiffs Liberty Coins, LLC, and Worthington Jewelers,
Ltd., bring facial and as-applied Fourth Amendment challenges to four warrantless search
provisions in Ohio’s Precious Metals Dealers Act and the accompanying regulations: O.R.C.
§§ 4728.05(A), 4728.06, 4728.07, and Ohio Admin. Code § 1301:8-6-03(D). These laws equip
state agents and local law enforcement with the authority t... More...
   $0 (01-26-2018 - OH)

United States of America v. Kenneth E. Fairley Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously a... More...   $0 (01-25-2018 - MS)


The facts of Mundy's criminal case are tangential to her current appeal from her 60-1507 motion but nevertheless help explain her arguments. Mundy was a licensed, master's level social worker who enrolled as a Medicaid provider in 2003. She primarily provided behavioral and cognitive therapy to individuals with traumatic brain injuries. In 2007, after reviewing Mundy's billings, the fiscal agent f... More...   $0 (01-24-2018 - KS)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

United States of America v. Stanley Presendieu and Scarlee Valias Jean Southern District of Florida Courthouse - Miami, Florida

After their guilty pleas, defendant Stanley Presendieu appeals his convictions and defendant Scarlee Valias Jean appeals her sentence. Having carefully reviewed the record and the parties’ briefs, and with the benefit of oral argument, we (1) affirm Presendieu’s convictions and (2) vacate Jean’s sentence and remand for further proceedings.
This case involves an illegal check-... More...
   $0 (01-19-2018 - FL)

United States of America v. Michael Lawrence Maynes, Jr. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Michael Maynes raises various assignments of error arising from his trial and
convictions for four counts of sex trafficking by use of force, fraud, or coercion in
violation of 18 U.S.C. § 1591(a) and one count of conspiracy to commit sex trafficking in
violation of 18 U.S.C. §§ 1591(a) and 1594(c). For the reasons that follow, we affirm the
Michael Maynes w... More...
   $0 (01-18-2018 - VA)

State of Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

United States of America v. William G. Horn Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Edmond Sports Marketing Agent Sentenced to 15 Months for Tax Fraud Through Non-Profit

WILLIAM G. HORN, of Edmond, Oklahoma, was sentenced on January 12, 2017 to fifteen months in federal prison for making false statements on federal tax returns for The Tommie Harris Foundation, a non-profit corporation.

According to charges filed on September 6, 2017, Horn was... More...
   $0 (01-13-2018 - OK)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

United States of America v. Robert Carl Sharp Eighth Circuit Courthouse - St. Louis, Missouri

Robert Carl Sharp pleaded guilty after a grand jury returned a three-count
superseding indictment charging him with (1) conspiracy to manufacture and
distribute a controlled substance, in violation of 21 U.S.C. § 846; (2) possession with
intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1); and
(3) possession with intent to distribute, and aiding and a... More...
   $0 (01-05-2018 - IA)

Timothy M. Jodway; Alaina Zanks-Jodway v. Fifth Third Bank Sixth Circuit Court of Appeals for the Sixth Circuit

Many people dream of having a lakefront home. Timothy
Jodway and his wife, Alaina, were no different. So they took out a mortgage loan from Fifth
Third Bank and purchased a home on Lake Charlevoix in Boyne City, Michigan. But things did
not go as planned. Money became tight, and Timothy Jodway eventually had to file for
bankruptcy. And as part of his Chapter 13 repayment plan, Jodw... More...
   $0 (01-05-2018 - OH)

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