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Declaratory Judgment Law
 
STATE OF KANSAS v. VALENTIN A. PEREZ

On October 25, 2017, Perez pled guilty to one count of distribution of methamphetamine. On December 8, 2017, the district court sentenced Perez to 103 months' imprisonment but granted a dispositional departure to probation for 36 months to be supervised by community corrections.

At a hearing on February 16, 2018, Perez admitted to violating the conditions of his probation by: (1) viol... More...
   $0 (08-19-2018 - KS)

WILLIAM REINSCHMIDT v. KANSAS DEPARTMENT OF REVENUE

The KDR suspended Reinschmidt's driving privileges as a result of his breath test failure on February 12, 2015. Reinschmidt challenged his suspension, and the KDR affirmed the suspension after an administrative hearing. Reinschmidt sought judicial review in the Wyandotte County District Court.

The district court held a trial de novo on February 9, 2017. At trial, Reinschmidt stipulated ... More...
   $0 (08-19-2018 - KS)

STATE OF KANSAS v. MICHAEL NORTH

On January 21, 2016, the State charged North with one count each of aggravated burglary, burglary, felony theft, and misdemeanor theft. When the complaint was filed, North was serving a prison sentence in Missouri. In March 2016, North completed a request under the Agreement to dispose of the charges pending against him in Kansas. North's request was filed in Wyandotte County District Court on Mar... More...   $0 (08-19-2018 - KS)

LINDA BERNING v. KANSAS DEPARTMENT OF REVENUE

In April 2014, at around 10 p.m. on a Sunday, Deputy Kristopher Casper saw a vehicle with its lights on and door open, parked at the back of the Bluebird bar. He believed the vehicle belonged to Linda Berning, who ran the Bluebird. He was not concerned at that time. He had met Berning before. But he knew the Bluebird was closed on Sundays. A short time later, Deputy Casper saw the vehicle leave th... More...   $0 (08-19-2018 - KS)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

Mickey Fowler v. Tracy Guerin Western District of Washington Federal Courthouse - Seattle, Washington

Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conclude... More...   $0 (08-19-2018 - WA)

Susan Fellen v. Marcella Winn Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Susan Mellen was wrongly imprisoned for seventeen years before securing habeas relief in October 2014. After release from prison, Mellen and her three children, Julie Carroll, Jessica Curcio, and Donald Besch, brought suit under 42 U.S.C. § 1983 against Detective Marcella Winn,1 arguing that Detective Winn failed to disclose evidence that would have cast serious doubt on the testimony of June Patt... More...   $0 (08-19-2018 - CA)

Center for Biological Diversity v. Ryan K. Zinke Montana District Federal Courthouse - Missoula, Montana

This Endangered Species Act (“ESA”) case concerns the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling (“arctic grayling”), a cold-water fish in the Salmonidae family. Before us is a challenge to the Fish and Wildlife Service (“FWS”)’s decision not to list the arctic grayling as an endangered or threatened species under the ESA. Plaintiffs-Appellants Center for Biological... More...   $0 (08-19-2018 - MT)

United States of America v. The Walt Disney Company, et al. Southern District of New York - New York, New York

New York, NY - The United States of America sued The Walt Disney Company and Twenty-First Century Fox, Inc. on clayton Act violation theories.

COMPETITIVE IMPACT STATEMENT
Plaintiff United States of America ("United States"), pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA" or "Tunney Act"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement r... More...
   $0 (08-19-2018 - NY)

STATE OF KANSAS v. MICAH DYLAN FABRYCKY

On February 15, 2017, Fabrycky pled no contest to one count of possession of methamphetamine. Fabrycky received the requisite scores on the qualifying tests to be ordered into drug treatment: he was high risk on his LSI-R and high probability on the SASSI III. As a result, the district court sentenced him to 18 months' drug treatment to be supervised by community corrections, with a standard pres... More...   $0 (08-18-2018 - KS)

DAVID LAWRENCE SMITH v. STATE OF KANSAS

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio... More...   $0 (08-18-2018 - KS)

JANICE M. GILLETTE v. AMY HAYS THOMAS

Janice and Edward Gillette were married on July 4, 2009. Edward was a wellknown lawyer in the community and well liked. He previously dated several women including Thomas. The record reflects prior incidents where Thomas went to the Gillette home and the police were called. During the summer of 2014 or 2015, the Gillettes saw Thomas driving a black vehicle near their home on several occasions. More...   $0 (08-18-2018 - KS)

SONNY CHAVARRIA GONZALEZ v. STATE OF KANSAS

In 2010, Gonzalez pled guilty to first-degree felony murder and aggravated robbery. The district court sentenced Gonzalez to life in prison for the first-degree murder conviction and an additional 24 months' imprisonment for the aggravated robbery conviction. Gonzalez did not appeal.

Six years later, on June 23, 2016, Gonzalez filed a K.S.A. 60-1507 motion seeking to set aside his pleas... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. CALVIN T. WILLIAMS JR.

On January 27, 2014, Williams pled guilty to aggravated robbery in case No. 12CR2882 and promoting the sale of sexual relations in case No. 13CR3400. Although the district court imposed consecutive prison sentences of 94 months and 13 months—for a total of 107 months—the court granted Williams a departure sentence to probation for 36 months. Williams did not appeal his convictions or sentences. <... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. DAMIEN M. TERRELL

In 2011, Terrell pled guilty to possession of cocaine and marijuana, a drug tax stamp violation, and two offender registration violations. The district court imposed a 120-month underlying prison sentence, although the court granted a dispositional departure to probation. Terrell filed no appeal.

In 2013, Terrell admitted to violating the terms of his probation. The district court revo... More...
   $0 (08-18-2018 - KS)

STATE OF KANSAS v. WENDELL E. TUMBERG

On May 28, 2015, Tumberg's girlfriend and her 9-year-old daughter, A.R., moved in with him. During the next 19 days, Tumberg sexually assaulted A.R. several times. After his girlfriend saw Tumberg and A.R. together in a bathtub, A.R. was taken to a hospital. A sexual assault examination revealed that A.R. had redness on her vaginal area.

When interviewed, A.R. described the incident in ... More...
   $0 (08-18-2018 - KS)

John Huntz v. Bill Elder District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Denver, CO - John Huntz sued Bill Elder, as Sheriff of El Paso County, Colorado on a civil rights job discrimination theory claiming that the was retaliated against by the Sheriff after his wife reported that she was being sexually harassed by a commander in the Sheriff's office.

Date Filed # Docket Text
08/03/2018 100 REASSIGNING MAGISTRATE JUDGE. Magistrate Judge S. Kato Crews, up... More...
   $0 (08-18-2018 - )

Benjamin Thomas Reavis and Kristi Carol Reavis, individually and as next frient of Owen and Emily Reavis v. Toyota Motor Corporation and Toyota Motor Sales Dallas County Courthouse - Dallas, Texas

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

Lisa Levingston v. Kaiser Foundation Health Plan, Inc.

The attorneys for plaintiff Lisa Levingston, O.D., failed to file an opposition to a
motion for summary judgment. They had been substituted into the case after
Levingston’s former attorneys were disqualified and the opposition that the former
attorneys had filed was stricken. At the hearing on the motion, Levingston’s new counsel
claimed they had not known that they needed to file... More...
   $0 (08-18-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER J. SCHRADER

On April 28, 2015, the State charged Schrader with five counts, including involuntary manslaughter while driving under the influence under K.S.A. 2014 Supp. 215405(a)(3). After entering into a plea agreement, Schrader pleaded no contest to the involuntary manslaughter charge, as well as to conspiracy to distribute a controlled substance.
Schrader's presentence investigation report assigned hi... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. WILLIE FLEMING

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...
   $0 (08-17-2018 - KS)

STATE OF SOUTH DAKOTA v. IRWIN SHARPFISH

On August 8, 2015, Officer Garrett Loen, while on patrol in Rapid City, South Dakota, received a dispatch at 1:45 a.m. regarding a report of an intoxicated driver getting into a blue minivan. Officer Loen, who was in the immediate vicinity, responded to the report and observed a vehicle matching the description given driving through a strip mall parking lot. The minivan stopped at the Corner Pan... More...   $0 (08-17-2018 - SD)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Zach Hillesheim v. Holiday Stationstores, Inc. District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Zach Hillesheim alleges that Holiday Stationstores discriminated against him
by failing to have an accessible parking lot at one of its stores. Hillesheim’s
complaint identifies three alleged problems with the parking lot, each giving rise to
a separate claim. For two of the three claims, Hillesheim suffered no injury, so we
vacate the district court’s decision and instruct the cou... More...
   $0 (08-17-2018 - MN)

Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...
   $0 (08-17-2018 - AR)

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