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Declaratory Judgment Law
 
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 - )

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)

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)

JOHN SCHAUFLER vs STATE OF FLORIDA

We affirm the trial court's revocation of John Schaufler's probation and the sentences imposed upon revocation without further comment. We note, however, that although the trial court recognized at the March 2017 revocation hearing that it should not re-adjudicate Schaufler guilty of the original offenses because it had already adjudicated him guilty of those offenses in May 2005 when originally ... 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)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

State of Tennessee v. Kentrell Lebron Lindsey

The Defendant was charged with possession of dihydrocodeinone with the intent to sell or deliver, possession of oxycodone with the intent to sell or deliver, possession of a firearm with the intent to go armed during the commission of a dangerous felony, possession of less than one-half ounce of marijuana, driving on a cancelled, suspended, or revoked license, and speeding. The Defendant entered ... More...   $0 (06-21-2018 - TN)

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)

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)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...
   $0 (06-20-2018 - NM)

Sean Stentiford v. Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Boston, MA - Jury Awards $18.4 Million In Damages To Plaintiff On Medical Malpractice Claim

Sean Stentiford sued Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. on personal injury medical malpractice theory claiming the he was not tested and was not treated for HIV with the result that he developed AIDS.

02/05/2018 93 Assented to MOTION for Hearing by John Doe.(Angueira, Dav... More...
   $18400000 (06-20-2018 - MA)

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)

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)

DARRIN WALKER V. COMMONWEALTH OF KENTUCKY

Appellant,. Darrin Walker, sexually assaulted Hann~ Morrisl on
numerous occasions from 2005 through 2011. The individual instances of
assault involved Appellant touching Hannah's vagina ·and placing his penis in
her mou'th. She was seven to eight years old when these events occurred.
Appellant also raped Hannah when she was approximately twelve years old.
Hannah's grandmot... More...
   $0 (06-20-2018 - KY)

THOMAS EDWARD DAVIDSON V. COMMONWEALTH OF KENTUCKY

Prior to trial, Appellant moved to sever .the robbery counts for separate
trials so he would not be required to simultaneously defend against thirty-one
counts of first-degree robbery. He argues on appeal that the trial court's
refusal to do so was an abuse of discretion. "The test for abuse of discretion is
whether the trial judge's decision was arbitrary, unreasonable, unfair... More...
   $0 (06-20-2018 - KY)

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