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Condition Precedent Law
 
United States of America v. Oscar Lee Hall, Jr. Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Davenport, IA - Nichols Man Sentenced to Prison for Failure to Register as a Sex Offender

On January 16, 2018, Oscar Lee Hall, Jr., age 41, formerly of Nichols, Iowa, was sentenced by United States District Court Judge Stephanie M. Rose to 33 months in prison after pleading guilty to failure to register as a sex offender, announced United States Attorney Marc Krickbaum. Hall was ordered t... More...
   $0 (01-18-2018 - IA)

United States of America v. $579,475 in U.S. Currency and LNG Express, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

LNG Express, Inc. (LNG) appeals the district court’s1 order striking its verified
claim in this civil forfeiture proceeding. We conclude that LNG’s verified claim is
materially indistinguishable from the claim a panel of our court found inadequate in
United States v. $154,853.00 in U.S. Currency, 744 F.3d 559 (8th Cir. 2014). We
therefore affirm.
In September 2014, an Arkansas ... More...
   $0 (01-18-2018 - AR)

United States of America v. Ted Howard Fulk Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Defendant Ted Howard Fulk pleaded guilty to one count of failure to register
as a sex offender in violation of 18 U.S.C. § 2250, his fourth conviction related to
registry requirements. The district court 1 sentenced him to thirty-seven months’
imprisonment and ten years’ supervised release. His supervised release includes a
special condition requiring court approval before travelin... More...
   $0 (01-18-2018 - IA)

Brian Trent Rosenbaum v. The State of Texas Brian Trent Rosenbaum

Brian Trent Rosenbaum (appellant) appeals his conviction under § 25.07 of the
Texas Penal Code for violating a protective order and the accompanying twenty-five-year
prison term. One issue lies before us for disposition. It involves the sufficiency of the
evidence establishing that he previously violated two protective orders issued under
Chapter 85 of the Texas Family Code.... More...
   $0 (01-17-2018 - TX)

United States of America v. Diana J. Gumila Northern District of Illinois Courthouse - Chicago, Illinois

Diana Gumila ran a home-healthcare company that defrauded the federal government of several million dollars. She was convicted of multiple counts of healthcare fraud and making false statements in connection
∗ Circuit Judge Posner retired on September 2, 2017, and did not partici-pate in the decision of this case, which is being resolved by a quorum of the panel under 28 U.S.C. § 46(d).<... More...
   $0 (01-17-2018 - IL)

William Bustos v. Global P.E.T., Inc.

Plaintiff and appellant William Bustos brought this disability discrimination action
against his former employers, defendants and respondents Global P.E.T., Inc. and Global
Plastics, Inc. (collectively, Global). A jury found that Bustos’s physical condition or
perceived physical condition was “a substantial motivating reason” for his termination,
but nevertheless returned defense ... More...
   $0 (01-17-2018 - CA)

Demico Stanley v. The State of Texas Stanley sentenced to 75 years for Lewisville murder

In 2015, Richard Myles lived in a small, one-bedroom apartment on the
second floor of a building in the Hampton Bay apartment complex with his
fiancée, Laura, and their 23-month-old son, David.2 While Laura worked two
jobs, Myles cared for David. He also sold marijuana to earn extra money.
Whenever he left the apartment, he carried his marijuana stash with him in a
gree... More...
   $0 (01-16-2018 - TX)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

United States of America v. Paul Suarez Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

United States of America v. Richard Cundari Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Doylestown Man to Pay $307,500 to Resolve Civil False Claims Allegations That He Illegally Received Federal Disability Benefits While Concealing Substantial Other Income

Richard Cundari, of Doylestown, Pennsylvania, has agreed to pay $307,500 to resolve civil fraud claims under the False Claims Act. The government’s claims concern allegations that Cundari applied for an... More...
   $307500 (01-14-2018 - PA)

Andrew Panico v. Portfolio Recovery Associates, LLC District of New Jersey Federal Courthouses

In this putative class action, Plaintiff-Appellant Andrew Panico, who resides outside of the state of Delaware but signed a contract with a choice-of-law provision specifying application of Delaware state law, asserts that Defendant-Appellee Portfolio Recovery Associates (“PRA”) violated the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“NJCFA”) by suing to co... More...   $0 (01-14-2018 - NJ)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

STATE OF TENNESSEE v. KENNETH BERNARD SCOTT COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises out of a series of controlled drug purchases that were made from the Defendant by a confidential informant who was working with the Henderson County Sheriff’s Department, which resulted in the Henderson County Grand Jury’s return of a
01/10/2018
-2
six-count indictment against the Defendant. Counts one and two charged the Defendant with the August 11, 2014 sale and ... More...
   $0 (01-13-2018 - TN)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

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