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Disability Law
 
David Wilbanks v. The State of Texas The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

KENNETH DARCELL QUINCE vs. STATE OF FLORIDA

In 1980, Quince pleaded guilty to first-degree felony murder and burglary of
a dwelling and, after waiving his right to a penalty phase jury, was sentenced to
death. We affirmed Quince’s death sentence on direct appeal. Quince v. State,
414 So. 2d 185, 189 (Fla. 1982). Quince filed an initial motion for postconviction
relief, the denial of which was eventually affirmed on ap... More...
   $0 (01-18-2018 - FL)

STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

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)

Ayesha Khan v. Midwestern University Northern District of Illinois Courthouse - Chicago, Illinois

Ayesha Khan struggled academically in medical school from the outset. She failed three of her courses in her first year of medical school at The Chicago College of Osteopathic Medicine at Midwestern University. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. They opted not to do so. Instead, they gave Khan a second oppor-
2 No. ... More...
   $0 (01-16-2018 - IL)

Patrick Johnson v. The State of Texas Third Court of Appeals, Austin, Texas

Johnson was charged with aggravated sexual assault of a child and with two counts
of indecency with a child. See Tex. Penal Code §§ 21.11(a)(1)-(2), 22.021(a). The alleged victim,
C.S., lived in Johnson’s neighborhood, and the indictment alleged that C.S. was under fourteen
years of age at the time of the offenses. During the trial, the State called several witnesses, including
... More...
   $0 (01-16-2018 - TX)

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)

Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - 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)

STATE OF OHIO vs. DEANDRE T. CARZELLE

On March 1, 2016, Carzelle, along with his cousin, traveled to the scene of
the crime to confront some people with whom he had a conflict. Carzelle brought a gun
with him and shot twice across a roadway towards Dequantai Cross (“Cross”). Cross
was in a barbershop at the time of the shooting. One of the bullets hit Cross in the face.
Carzelle was subsequently arrested and ch... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. ERIC M. MCNEIR

On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. CARLOS BINFORD

A grand jury indicted Binford in multicount indictment as follows: Count 1,
felonious assault in violation of R.C. 2903.11(A)(1); Count 2, felonious assault in
violation of R.C. 2903.11(A)(2); Count 3, having weapons while under disability in
violation of R.C. 2923.13(A)(3); and Count 4, improperly handling firearms in a motor
vehicle in violation of R.C. 2923.16(B). The felo... More...
   $0 (01-13-2018 - OH)

STATE OF MISSOURI v. DAVID HYGRADE

On September 1, 2015, Officer Jennifer Nemeth and her partner Officer David Wilson
responded to a call of shots fired at a residence. They arrived in a marked police vehicle wearing
uniforms. Officer Nemeth observed five people on the front porch, including Defendant, who
went into the house. According to Officer Nemeth, Defendant was holding his right arm against
his right sid... More...
   $0 (01-09-2018 - MO)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

James Boyd v. ConAgra Foods, Inc. Eighth Circuit Courthouse - St. Louis, Missouri

James Boyd, a former employee of ConAgra Foods, Inc., brought this action
pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Boyd
seeks to recover severance benefits under an ERISA plan that guarantees these
benefits when ConAgra, in certain circumstances, materially reduces an employee’s
position, duties, or responsibilities. Boyd alternatively claims that ... More...
   $0 (01-08-2018 - MO)

Ashley Gerstner v. Nancy A. Berryhill Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ashley Gerstner challenges the
denial of her application for disability insurance benefits and
supplemental security income. An administrative law judge
found that she was severely impaired by anxiety, bipolar
disorder, panic disorder, depression, and fibromyalgia, and
that these impairments were not disabling. Gerstner contends
that the ALJ erred in assigning too little we... More...
   $0 (01-08-2018 - WI)

Yasas Rodrigo v. Carle Foundation Hospital, d/b/a Carle Foundation Houston & Family Medical Residenced Central District of Illinois Federal Courthouse - Urbana, Illinois

Yasas Rodrigo sued his employer,
Carle Foundation Hospital (“Carle”), for violations of the
Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.
(“Act”). The district court granted summary judgment in favor
of Carle on Rodrigo’s claims for disability discrimination,
failure to provide a reasonable accommodation, and retaliation.
Rodrigo appeals and we affirm.
I.More...
   $0 (01-08-2018 - IL)

T.J. Simers v. Los Angeles Times Communications, LLC

In March 2013, plaintiff T.J. Simers was a well-known and
sometimes controversial sports columnist for Los Angeles Times
Communications, LLC (The Times or defendant). He had held
that position since 2000, receiving uniformly favorable and often
exceptional performance reviews from defendant. On March 16,
2013, plaintiff, then 62 years old, suffered a neurological event
with... More...
   $0 (01-06-2018 - CA)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

STATE OF OHIO v. JARELLE N. GUICE

Late one evening, Mr. Guice ignored a police officer’s signal to stop his car and
led the officer on a brief car chase. At the time, Mr. Guice was the subject of a BOLO (“be on
the lookout”) because he had threatened his ex-girlfriend several hours earlier. The chase ended
when Mr. Guice, having driven to the duplex community where his ex-girlfriend was staying,
crashed his c... More...
   $0 (01-01-2018 - OH)

David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The ... More...   $0 (01-01-2018 - MS)

STATE OF OHIO v. KYLE MCDOWELL

On October 13, 2014, HB reported that she had been raped by
McDowell on October 11, 2014. Trial Tr. 296-298. HB and McDowell had both
attended the same high school and had known each other for some time. Id. at 413,
417. On the evening of October 11, 2014, McDowell was house sitting for his
neighbors and invited HB to come visit with him at his neighbor’s house. Id. at 744... More...
   $0 (12-31-2017 - OH)

STATE OF OHIO v. TONY L. SCOTT

This case arises from the September 30, 2013, shooting death of Dominque
Gentry. On that date, Gentry and his friend, David Banks, were in Gentry’s vehicle.
Gentry was driving a black Chevrolet Tahoe and Banks was in the passenger seat. At
approximately 7:28 p.m., they arrived at the All-in-One gas station located in Dayton.
Gentry went into the building, made a purchase,... More...
   $0 (12-31-2017 - OH)

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