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Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

DAVID CROTHERS v. STATE OF KANSAS

On September 16, 2011, in 11CR322, Judge Timothy J. Chambers of the Reno District Court sentenced Crothers to 102 months in prison but granted Crothers a downward dispositional departure to probation and assigned him to intensive supervision with community corrections for 36 months. On February 24, 2012, in 11CR749, Judge Joseph L. McCarville III, of the same court, sentenced Crothers to 46 months... More...   $0 (04-18-2018 - KS)

Norman Whitney, Sr. v. City of St. Louis, et al. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Norman Whitney, Sr. (“Whitney Sr.”) brought this action after his son, a
pretrial detainee who had recently been treated for suicidal thoughts, hanged himself
in a cell that was monitored by closed-circuit television. Whitney Sr. asserted state
law wrongful death claims and federal claims under 42 U.S.C. § 1983 against
correctional officer Shelley Sharp and the City of St. Louis. T... More...
   $0 (04-18-2018 - MO)

Achikam Shapira v. Lifetech Resources

Appellant Achikam Shapira sued his former employer,
Lifetech Resources, LLC, for breach of an employment contract.
The case proceeded to a bench trial; the parties presented their
evidence and rested. The parties and court agreed that the
parties would submit closing arguments in written briefs. Before
Shapira submitted his closing argument brief, he requested that
the cour... More...
   $0 (04-18-2018 - CA)

Zane Schoenfeld v. Tranvis Sides

This appeal involves the distinction between claims of false arrest
and malicious prosecution. When someone is falsely arrested or
maliciously prosecuted, state actors face potential liability under 42 U.S.C.
§ 1983. But the two claims differ: The claim of malicious prosecution is
confined to seizures (for purposes of the Fourth Amendment) based on
“‘legal process’” like a warr... More...
   $0 (04-17-2018 - CO)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Cheryl Currid v. Coit Cleaning & Restoration Services First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

UNITED STATES OF AMERICA v. JOSEPH RUTIGLIANO, PETER J. AJEMIAN,  MARIE BARAN, PETER J. LESNIEWSKI

The fraud scheme for which defendants stand convicted sought  to take advantage of a disability pension plan made available to LIRR 
16-3754-cr (L) United States v. Rutigliano  
employees  by  the  RRB.  The  LIRR’s  own  pension  plan  allowed  employees with 20 or more years of service to retire as early as age 50  and to receive payments equal to half their pre‐retirement income. ... More...
   $0 (04-16-2018 - )

BRIAN SKENDER V. UNION PACIFIC RAILROAD COMPANY

This is the third time this case is before us on appeal. The underlying facts are not
complicated. On July 11, 2012, Skender, a UPRR employee, was injured while working at
a UPRR repair track in Pine Bluff, Arkansas. From this injury, Skender filed separate causes
of action under FELA. He timely filed and served his first FELA cause of action against
UPRR on October 25, 2013. (35C... More...
   $0 (04-16-2018 - AR)

Julie Hautzenroeder v. Michael DeWine Southern District of Ohio Federal Courthouse - Columbus, Ohio

Due to her conviction for sexual battery, Julie Hautzenroeder
must forever comply with Ohio’s sex offender registration and notification laws. After her
release from prison and community control, Hautzenroeder filed a habeas petition under 28
>
No. 17-3395 Hautzenroeder v. DeWine Page 2
U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. TheMore...
   $0 (04-16-2018 - OH)

GERMAN VASQUEZ V. STATE OF ARKANSAS

Vasquez was arrested pursuant to a charge of rape on May 7, 2016, and he was not
tried until August 7, 2017, 457 days later, ninety-one days beyond the one-year anniversary
of his arrest.1 During the pendency of the case, the circuit court granted four continuances.
The State requested the first continuance due to its need for more time for the Arkansas
State Crime Laboratory t... More...
   $0 (04-15-2018 - AR)

DON WILLIAM DAVIS V. STATE OF ARKANSAS

Davis was charged and convicted of the capital murder of Jane Daniel, theft of
property, and burglary. Prior to his trial, the Benton County Circuit Court ordered Davis
to be examined by Dr. Jenkins at Ozark Guidance to determine whether “there are
reasonable grounds to believe the defendant to be presently insane or that he was insane
at the [time] of the alleged offenses.” Je... More...
   $0 (04-15-2018 - AR)

State of Louisiana VS Brady T. Flynn Louisiana Court of Appeal, First Circuit

The facts of the instant case are not in dispute. Mr. Flynn was
arrested and pled guilty to possession with intent to distribute marijuana.
Upon pleading guilty on September 10, 2012, Mr. Flynn was sentenced to
five ( 5) years at hard labor with the Louisiana Department of Public Safety
and Corrections ( LDPSC). The sentence was suspended and the trial court
placed Mr. Flynn o... More...
   $0 (04-15-2018 - LA)

Broderick Maximillian McHenry v. The State of Texas

The judgment of conviction in this matter indicates that McHenry’s sentence was imposed
on January 9, 2018, and that his notice of appeal was filed in the trial court on February 9, 2018,
thirty-one days after imposition of sentence. There is nothing in the appellate record to indicate
that McHenry filed a motion for new trial. In the absence of a timely motion for new trial,
... More...
   $0 (04-15-2018 - TX)

RAKESH SRIVASTAVA and SHARMILA SHANKAR, Appellants, v. UNIVERSITY OF KANSAS, a/k/a UNIVERSITY OF KANSAS MEDICAL CENTER, a/k/a STATE OF KANSAS (HARTMUT JAESCHKE, CODY TULLY, PAUL TERRANOVA, and ROY JENSEN University of Kansas

Dr. Rakesh Srivastava and Dr. Sharmila Shankar, who are husband and wife, both worked for the University of Kansas Medical Center (KUMC). For different reasons, KUMC terminated Dr. Srivastava's and Dr. Shankar's employment. Believing that they were wrongfully terminated, Dr. Srivastava and Dr. Shankar sued University of Kansas (KU), as the institutional organization governing KUMC. Later, howeve... More...   $0 (04-14-2018 - KS)

KIMBERLY WHITE v. KANSAS DEPARTMENT OF REVENUE

Following a traffic stop on June 11, 2016, for failure to stop at a traffic control device, Kimberly White was arrested on suspicion of driving under the influence of alcohol (DUI). In accordance with the Kansas implied consent law, K.S.A. 2015 Supp. 8-1001, the arresting officer read White all of the implied consent notices except for those associated with a potential criminal prosecution for ref... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. DMITRI WOODS

Dmitri Woods appeals his bench trial conviction for two counts of battery of a state correctional officer, raising four issues. We agree the State failed to have the trial within 180 days of Woods exercising his right to be tried under the Uniform Mandatory Disposition of Detainers Act (UMDDA), and, as a result, the district court lost jurisdiction to try him. With this ruling, we decline to addre... More...   $0 (04-14-2018 - KS)

Association for Accessible Medicines v. Brian E. Frosh, et al. District of Maryland Federal Courthouse - Baltimore, Maryland

The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce ... More...   $0 (04-13-2018 - MD)

Philadelphia Taxi Association, Inc., et al. v. Uber Technologies, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia taxicab drivers, aggrieved by the influx of
taxis hailed at the touch of an app on one’s phone, brought
this antitrust action to protest the entry of Appellee Uber
Technologies, Inc. (“Uber”) into the Philadelphia taxicab
4
market. The Philadelphia Taxi Association (“PTA”), along
with 80 individual taxicab companies (collectively,
“Appellants”), appeal the ... More...
   $0 (04-13-2018 - PA)

Jacqueline Winston v. City of Syracuse Northern District of New York Federal Courthouse - Syracuse, NY

2 Plaintiff Jacqueline Winston, a tenant in a multi‐family building
3 in the City of Syracuse, New York, filed this putative class action
4 under 42 U.S.C. § 1983 in the United States District Court for the
5 Northern District of New York in February 2016. She alleged that the
6 City and its Commissioner of Water Deborah Somers (collectively, the
7 “City”) violated the Du... More...
   $0 (04-13-2018 - NY)

Rustin J. Smith v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Plaintiff-Appellant Rustin Smith brought an action under
42 U.S.C. § 1983 alleging that his rights under the Fourth
Amendment were violated by police officers employed by
Defendant-Appellee City and County of Honolulu.
Specifically, he alleged that following his arrest on drug
charges that were subsequently dropped, he was improperly
detained by the Honolulu police for appr... More...
   $0 (04-12-2018 - HI)

Jamarcus Sam v. Shone Chase Richard; City of Opelousas Western District of Louisiana - Shreveport, Louisiana

Jamarcus Sam sued Officer Shone Chase Richard, the City of Opelousas, and the City’s insurer under 42 U.S.C. § 1983 for excessive use of force and unjustified detention. Sam also brought related state law claims. The district court granted summary judgment on Sam’s federal claims and dismissed the state law claims. We affirm in part and vacate in part.
I.
The following facts are drawn from... More...
   $0 (04-12-2018 - LA)

Arthur Ochoa v. County of Kern

Appellant Arthur Ochoa, formerly employed by the Kern County Sheriff’s Office
(KCSO) as a deputy sheriff, petitioned for a peremptory writ of mandate commanding
respondents County of Kern and Kern County Sheriff Donny Youngblood to set aside his
termination and other extraordinary relief to remedy a violation of the Public Safety
Officers Procedural Bill of Rights Act (Gov. Code, §... More...
   $0 (04-12-2018 - CA)

Santos Victor Ruiz, Jr. v. The State of Texas

In his first issue, Ruiz contends that the trial court abused its discretion by denying
his motion for continuance “sought due to the State belatedly providing a wealth of
information concerning the charged offense and various extraneous offenses allegedly
committed by Ruiz.” We disagree.
Where denial of a continuance has resulted in representation by counsel who was not prepa... More...
   $0 (04-12-2018 - TX)

Sawyer Brothers, Inc. v. Island Transporter, LLC District of Maine Federal Courthouse - Portland, Maine

Sawyer Brothers, Inc. hired
Island Transporter, LLC to ferry three construction vehicles and
their drivers from Rockland, Maine to North Haven, Maine. The M/V
ISLAND TRANSPORTER encountered rough seas while traversing
Penobscot Bay, and two of the vehicles tipped over onto the
vessel's port bulwark. Sawyer Brothers, Inc., and its owners Ryan
and Ross Sawyer (collectively, "... More...
   $0 (04-12-2018 - ME)

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