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Dismissal Law
 
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)

STATE OF KANSAS v. CHESSIEAN WALKER

In March 2015, the State charged Walker in Sedgwick County case 15CR789 with one count of burglary and one count of misdemeanor theft. In May 2015, the State charged Walker in case 15CR1517 with possession of methamphetamine, possession of drug paraphernalia, and failure to yield the right-of-way.

In July 2015, the parties reached a plea agreement in which Walker would plead guilty to b... More...
   $0 (08-18-2018 - KS)

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)

STATE OF KANSAS v. ARCHIE JOSEPH PATRICK DOOLEY

Dooley pled nolo contendere to a crime emanating from his failure to register as an offender. The district court sentenced him to an underlying 120-month prison term but granted a dispositional departure to 36 months' probation with an assignment to the community corrections intensive supervision program.

On November 6, 2012 and January 24, 2013, Dooley agreed to modifications of his p... More...
   $0 (08-17-2018 - KS)

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 - )

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

Eric Koty v. DuPage County, Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Eric Koty, a deputy in the DuPage
County Sheriff’s Department, requested a different model of
squad car. Notes from Koty’s physician indicated Koty
should be given a squad car with more legroom, “like an
SUV,” to accommodate a hip condition. The Department denied
Koty’s requests. Koty then submitted EEOC complaints
alleging the Department had discriminated against him in vi... More...
   $0 (08-17-2018 - IL)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

STATE OF OHIO - vs - ZACHARY HARRIS

Defendant-appellant, Zachary Harris, appeals his convictions in the Butler County Court of Common Pleas after pleading guilty to two counts of aggravated murder. {¶ 2} Harris was part of a three-person team that killed Orlando Gilbert and Todd Berus. The three individuals were hired to retaliate against Gilbert for a shooting that took place several days earlier. On the day of the incident, ... More...   $0 (08-15-2018 - OH)

STATE OF OHIO - vs - DAVID MARTIN

On September 11, 2014, Martin was found guilty of the following: Aggravated Murder with specifications of Aggravating Circumstances and a Firearm Specification in violation of R.C. 2903.01(A) and (F), R.C. 2941.14(C), R.C. 2929.04(A)(5) and (7), and R.C. 2941.145 (Count Two); Attempted Aggravated Murder with a Firearm Specification in violation of R.C. 2923.02(A) and (E)(1), R.C. 2903.01(B) a... More...   $0 (08-15-2018 - OH)

State of Ohio v. Phillip J. Fiore

On February 17, 2017, a Franklin County Grand Jury indicted Fiore for possession of cocaine and heroin and for trafficking in both illegal substances. (Feb. 17, 2017 Indictment.) In mid-March, Fiore pled "not guilty" to all four counts of the indictment. (Mar. 22, 2017 Plea Form.) However, in a hearing on September 5, 2017, Fiore changed his plea to "guilty" on the count of trafficking in coc... More...   $0 (08-14-2018 - OH)

Mark C. James v. Sam Woods; Stephanie Welborn Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal—interwoven with a custody dispute—arrives in our court following a father’s report of sexual misconduct inflicted on his child by the child’s stepfather. Upon investigation by the St. Tammany Parish Sheriff’s Office, the stepfather was arrested and charged with aggravated incest. A state-court jury ultimately acquitted him at trial, and he later filed these malicious-prosecution and in... More...   $0 (08-14-2018 - LA)

STATE OF OHIO -vs- JONATHAN WASHINGTON

This case began on October 21, 2016 when appellant accosted Dominique Granger and forced him into a red Grand Am. Mr. Granger reported that appellant robbed and kidnapped him from his residence on October 21, 2016. He testified that he was exiting his home when appellant struck him in the head with a gun and forced him into the driver's seat of a red Pontiac Grand Am, a vehicle owned by Mr. G... More...   $0 (08-14-2018 - OH)

United States of Amrica v. Ancient Coin Collectors Guild District of Maryland Federal Courthouse - Baltimore, Maryland

This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins, which were imported into this country by the Guild. Incorporated within its challenge to the propriety of the district court’s summary judgment decision, the Guild contests th... More...   $0 (08-14-2018 - MD)

THE PEOPLE OF THE STATE OF ILLINOIS v. DENNIS L. BAILEY

In July 2004, defendant was charged with one count of residential burglary and one count of disarming a peace officer. The circuit court allowed defendant’s public defender to withdraw, and defendant proceeded pro se at his 2005 jury trial. Defendant was found guilty as charged and was sentenced to concurrent prison terms of 24 years on each of the two counts. On direct appeal, defendant’s sole cl... More...   $0 (08-13-2018 - IL)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

Lawrence Rubin Montoya v. Detective Martin E. Vigil, et al. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A jury convicted fourteen-year-old Lawrence Montoya for the New Year’s
Day murder of a teacher from his school. After serving over thirteen years in
prison, Montoya brought post-conviction claims for ineffective assistance of
counsel and actual innocence. The prosecution agreed to a compromise resulting
in Montoya’s release from prison. He then sued several detectives involved in t... More...
   $0 (08-10-2018 - CO)

CITY OF DERBY v. STATE OF KANSAS ex rel. NICK JORDAN, SECRETARY, KANSAS DEPARTMENT OF REVENUE

The City of Derby sought judicial review of the action of the Kansas Department of Revenue (KDR) in response to Derby's complaint about the distribution of use tax proceeds that the KDR collected. The KDR responded by moving to dismiss Derby's petition for lack of standing. The district court agreed and dismissed Derby's petition. Derby appeals the district court's dismissal based on Derby's claim... More...   $0 (08-09-2018 - KS)

CASE & ASSOCIATES PROPERTIES INC. d/b/a ASPEN PARK APARTMENTS, v. JODIE L. BRIBIESCA

Bribiesca first moved to Aspen Park Apartments (Aspen) on June 10, 2015. The apartments are located in Wichita and are owned by Case. On January 8, 2016, Bribiesca moved from her first apartment, unit 1812, to another, 1908, in the same complex. Bribiesca testified she was not offered an opportunity to see 1908 before moving in, and it is not clear whether she asked to view the apartment before th... More...   $0 (08-09-2018 - KS)

STATE OF KANSAS v. RICKY J. STOVALL

On April 11, 2006, the State charged Stovall with one count of rape of a child under 14, one count of rape when the victim was overcome by force or fear, and an alternative count of aggravated indecent liberties with a child. The charges were based on evidence that Stovall began having sexual intercourse with his biological daughter, N.D.S., born in March 1985, shortly after she turned 12 year... More...   $0 (08-09-2018 - KS)

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