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Deceptive Trade Practices Law
 
United States of America v. Howard Trade Elkins Western District of North Carolina Federal Courthouse - Asheville, North Carolina

Asheville, NC - Hendersonville, N.C. Attorney Sentenced To Two Years For Wire Fraud

Howard Trade Elkins, 44, of Hendersonville, N.C. was sentenced on June 14, 2018 to 24 months in prison on wire fraud charges for embezzling client funds from his law office’s trust account, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidi... More...
   $0 (06-24-2018 - NC)

United States of America v. Grandy Nester Western District of Virginia Federal Courthouse - Abington, Virginia

Abington, VA - North Carolina Man Sentenced to 295 Months on Gun and Drug Conspiracy Charges

Multi-jurisdictional Investigation Dismantled Methamphetamine Trafficking Organization

Grandy Nester, 33, of Pilot Mountain, N.C., was sentenced in the United States District Court in Abingdon as a result of Operation Rolling Thunder, an investigation conducted by the Bureau of Alcohol, ... More...
   $0 (06-24-2018 - VA)

United States of America v. Olajide Abraham Eyitayo Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Alexandria, VA - Man Sentenced to Prison for $1.1 Million Email Phishing Scam

A New York man was sentenced on June 22, 2018 to 32 months in prison for defrauding a Virginia-based trade association out of more than $1.1 million in an email phishing scam.

According to court documents, Olajide Abraham Eyitayo, 46, of Hempstead, opened three banking accounts in January 2016 using a c... More...
   $0 (06-24-2018 - VA)

In re: KBR, INC., Burn Pit Litigation. District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

STATE OF KANSAS v. PABLO CONSTANTINO

On December 24, 2014, Kiowa County Deputy Sheriff Danny McDorman was observing traffic on U.S. Highway 54, between Greensburg and Haviland, Kansas. Although U.S. Highway 54 is mostly a two-lane highway between Greensburg and Haviland, McDorman's patrol car was located about one-fourth of a mile before the end of a four-lane limited stretch of highway.

A little bit after noon, Deputy M... More...
   $0 (06-23-2018 - KS)

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)

FEDERAL TRADE COMMISSION v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.

The pharmaceutical company Boehringer claimed attorney-client privilege over certain documents subpoenaed by the Federal Trade Commission. The attorney-client privilege applies to a communication between attorney and client if at least “one of the significant purposes” of the communication was to obtain or provide legal advice. In re Kellogg Brown & Root, Inc., 756 F.3d 754, 758 (D.C. Cir. 2014)... More...   $0 (06-21-2018 - DC)

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)

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)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

United States of America v. Ramon Cobena Duenas United States District Court for the Southern District of Florida - Miami, Florida

After trial by jury, Ramon Cobena Duenas was convicted of conspiring to exchange counterfeit currency, and dealing in counterfeit currency, in violation of 18 U.S.C. §§ 371 and 473. On appeal, Cobena Duenas challenges his convictions, claiming that the government failed to prove he knew the transaction involved counterfeit United States currency. After review, we affirm.
I.
The essential f... More...
   $0 (06-21-2018 - FL)

United States of America v. Davon Kelly Bennett Eastern District of North Carolina - Elizabeth City, North Carolina

Davon Kelly Bennett was convicted of numerous offenses related to drug dealing. At trial, the government introduced testimony from six witnesses who had previously signed cooperation agreements with the government, two statements Bennett made shortly after his arrest, testimony from an IRS agent who had helped investigate Bennett’s financial assets, and additional evidence about Bennett’s criminal... More...   $0 (06-20-2018 - NC)

United States of America v. Dr. William Bacon and Dr. Donatus O. Mbanefo United States District Court for the Middle District of Georgia - Valdosta, Georgia

Valosta, GA - Doctors Found Guilty For Role In Valdosta And Columbus Pill Mills

Dr. William Bacon, age 82 and Dr. Donatus O. Mbanefo, age 64, were found guilty by a jury of conspiracy to dispense controlled substances outside the usual course of medical practice and without a legitimate medical purpose at clinics in Valdosta, Georgia and Columbus, Georgia. Dr. Mbanefo was also convicted ... More...
   $0 (06-19-2018 - GA)

STATE OF OHIO -vs- SABIN J. SOWERS

The relevant facts and procedural history are as follows: {¶4} On March 13, 2017, Ronald Scurlock noticed that large truck batteries were missing from pallets, as well as from various vehicles in and outside of the buildings on the premises of a business he owns in Trinway, Ohio. On March 14, 2017, he noticed more batteries missing. Scurlock started calling local scrapyards in search of the b... More...   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- ROBERT J. RAMSEY

On March 22, 2017, officers with the adult parole authority were
investigating reports of the unlawful manufacturing of methamphetamine involving two of
their parolees, Douglas Johnson and Douglas Baumgartner. The officers went to a
property owned by Mr. Johnson. The property contained a structure occupied by Mr.
Johnson, another structure occupied by Mr. Baumgartner, and a t... More...
   $0 (06-19-2018 - OH)

United States of America v. Setpoint Systesm, Inc. District of Utah Federal Courthouse - Salt Lake City, Utah

Justice Department Settles Immigration-Related Discrimination Claim Against Setpoint Systems Inc.

The Justice Department today announced that it reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves the Department’s investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the I... More...
   $0 (06-19-2018 - UT)

STATE OF OHIO v. SCOTT A. STEIN

On November 9, 2016, Chief of Police Glass of the Village of Botkins
received a phone call from an officer at the Wapakoneta Police Department
regarding a woman named Megan Donnelly, for whom there was an active warrant
for theft, and requested his assistance in obtaining her. Chief Glass was informed
that Donnelly was en route to a local motel, driving a white Ford Expeditio... More...
   $0 (06-19-2018 - OH)

Angela Engle Horne v. WTVR, LLC, d/b/a CBS6 Eastern District of Virginia Federal Courthouse - Richmond, Virginia

On February 13, 2015, WTVR, LLC (“WTVR”) aired a news story about a county school system hiring a felon in violation of a Virginia state law. The news story implied that the felon lied about a prior criminal conviction on a job application, thereby committing a Class 1 misdemeanor. However, Angela Engle Horne, the unidentified felon in question, had disclosed her prior felony on her job applicatio... More...   $0 (06-18-2018 - VA)

Geraldine Templo v. State of California

Appellants Geraldine and Mark Templo (the Templos) brought an action for
declaratory relief against respondent State of California (State), claiming that a statute
requiring litigants to pay a nonrefundable fee in order to secure a jury trial is
unconstitutional. The trial court granted the State’s motion for judgment on the pleadings
on the ground that the State is not a proper de... More...
   $0 (06-18-2018 - CA)

State of Wisconsin v. Anthony R. Pico

A jury convicted Anthony R. Pico of
sexually assaulting a young girl.1 Mr. Pico believes there is a
reasonable probability that, absent his trial counsel's alleged
constitutional ineffectiveness, this conviction would not have
occurred. The circuit court agreed, and so set aside his
1 The Honorable William J. Domi... More...
   $0 (06-18-2018 - WI)

STATE OF MISSOURI v. BRYAN M. PIERCE

Police officers were dispatched to Pierce's home after he called a suicide hotline
and said he was hearing voices, including his cat's, telling him to stab himself. When
officers arrived, Pierce told them the same. One officer asked Pierce if he wanted them
to check the residence to make sure nobody was inside to give Pierce "a little peace of
mind." Pierce agreed. Once ins... More...
   $0 (06-18-2018 - MO)

United States of America v. Gary Risner and Larry Shepherd 800-932-8242

Defendants-Appellants Gary Risner and Larry Shepherd appeal their convictions for conspiring to bribe voters during the 2014 election in Magoffin County, Kentucky. Risner additionally appeals several of his substantive voter-bribery convictions. We AFFIRM.
I. Background
In 2014, Charles “Doc” Hardin, Defendant Gary Risner (Risner), and Renee Shepherd (Defendant Larry Shepherd’s wife) were ... More...
   $0 (06-18-2018 - KY)

Part-Time Faculty Association v. Columbia College Chicago Northern District of Illinois Courthouse - Chicago, Illinois

This case involves a labor dispute between Columbia College Chicago (“CCC” or “the College”) and one of its employee unions, the Part-Time Faculty Association at Columbia College Chicago (“PFAC”), over the rep-resentation of full-time staff members who also teach part-time. A Regional Director (“the Director”) of the National Labor Relations Board (“NLRB” or “the Board”) ruled that such
2 No. ... More...
   $0 (06-17-2018 - IL)

J. Donald Henson, Sr. v. Department of Health and Human Services Southern District of Illinois Courthouse - East St. Louis, Illinois

Plaintiff J. Donald Henson, Sr., appeals from the district court’s grant of summary judgment
* We have agreed to decide this case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. See Fed. R. App. P. 34 (a)(2)(C).
2 No. 17-1750
for defendants on his claims under the Freedom of I... More...
   $0 (06-17-2018 - IL)

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