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Dismissal Law
 
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)

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 - )

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... 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. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

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)

Derek W. Cole v. City of Aurora, Colorado, et al. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Derek W. Cole, a Colorado-licensed attorney appearing pro se, appeals the
district court’s dismissal of his claims against the City of Aurora, the Aurora City
Council, the Aurora Police Department, Sergeant Tim E. Genaro, several other
named individuals, and multiple Doe defendants. We exercise jurisdiction under
28 U.S.C. § 1291 and affirm.
I. BACKGROUND
Mr. Cole leased sp... More...
   $0 (06-19-2018 - CO)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Patricia P. Campbell v. State of Hawaii Department of Education, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.
I
Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taug... More...
   $0 (06-19-2018 - HI)

Geraldine Templo v. State of California

Appellants Geraldine and Mark Templo (the Templos) brought an action for
declaratory relief against respondent State of California (State), claiming that a statute
requiring litigants to pay a nonrefundable fee in order to secure a jury trial is
unconstitutional. The trial court granted the State’s motion for judgment on the pleadings
on the ground that the State is not a proper de... More...
   $0 (06-18-2018 - CA)

FREDERICK ALLAN WILLIAMS V. STATE OF ARKANSAS

In case number CR-10-3907, Williams pled guilty to possession of cocaine with
intent to deliver and possession of marijuana and was sentenced to five years’ probation. In
November 2012, the State petitioned to revoke Williams’s probation because he had failed
to make monthly visits to his probation officer and failed to pay fines and court costs.
Williams again pled guilty a... More...
   $0 (06-18-2018 - AR)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

United States of America v. Todd A. Dyer Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Todd Dyer, the defendant in this consoli-dated appeal, challenges the denials of his motions to with-draw his guilty pleas. Under a written agreement, Dyer pled guilty to wire fraud, 18 U.S.C. § 1343, and unlawful financial transactions, 18 U.S.C. § 1957, for his conduct in two separate fraud schemes. He now claims that the plea colloquy was in-sufficient, in part because the district court did no... More...   $0 (06-17-2018 - WI)

Part-Time Faculty Association v. Columbia College Chicago Northern District of Illinois Courthouse - Chicago, Illinois

This case involves a labor dispute between Columbia College Chicago (“CCC” or “the College”) and one of its employee unions, the Part-Time Faculty Association at Columbia College Chicago (“PFAC”), over the rep-resentation of full-time staff members who also teach part-time. A Regional Director (“the Director”) of the National Labor Relations Board (“NLRB” or “the Board”) ruled that such
2 No. ... More...
   $0 (06-17-2018 - IL)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Landry Rountree v. Troy Dyson, City of Beaumont Eastern District of Texas Federal Courthouse - Beaumont, Texas

Landry Rountree appeals the dismissal of his 42 U.S.C § 1983 and related state-law claims against the City of Beaumont and Beaumont Police Sergeant Troy Dyson. We affirm the judgment of dismissal.
I.
Rountree owns a towing business and, for thirty years, participated in Beaumont’s non-consent tow rotation. For an accident that disables a car, the
United States Court of Appeals
Fift... More...
   $0 (06-15-2018 - TX)

United States of America v. Ronald Eric Ary Northern District of Texas Federal Courthouse - Dallas, Texas

Ronald Ary appeals his sentence following a conviction for distributing a visual depiction of a minor engaged in sexually explicit conduct. He argues that the district court erred in determining that his Texas deferred adjudications qualify as prior convictions for the purpose of 18 U.S.C. § 2252(b)(1)’s sentencing enhancement and in sentencing him to a term of imprisonment that exceeded the statu... More...   $0 (06-15-2018 - TX)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

NEIL W. EVARTS v. STATE OF KANSAS

Neil W. Evarts appeals the summary dismissal of his motion pursuant to K.S.A. 60-1507 alleging ineffective assistance of counsel. Although Evarts had cases in Harvey and McPherson Counties at the same time, this is an appeal of only the Harvey County case, which was affected by the McPherson County case for sentencing purposes.

An investigation into a March 6, 1995 kidnapping and rape... More...
   $0 (06-13-2018 - KS)

John Wilson, Charles Still, Terrance Stubbs v. Dynatone Publishing Company, UMG Recordings, Inc., Unichappell Music, Inc. Southern District of New York - New York, New York

14 Plaintiffs, John Wilson, Charles Still, and Terrance Stubbs, appeal from
15 the judgment of the United States District Court for the Southern District of
16 New York (Paul A. Engelmayer, J.) dismissing their copyright claims for
17 failure to state a claim because of untimeliness. Plaintiffs are former members
18 of the musical performance group called “Sly Slick & Wicked.” They... More...
   $0 (06-12-2018 - nY)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superseding indictme... More...
   $0 (06-12-2018 - MA)

STATE OF MONTANA v. DANIEL JAMES REGER SUPREME COURT OF THE STATE OF MONTANA

In September 2015, a Gallatin County Sheriff’s Deputy initiated a traffic stop after
seeing Reger driving his vehicle at approximately seventy-three miles-per-hour in an area
with a speed limit of forty-five miles-per-hour. The Deputy smelled alcohol emanating
from Reger’s vehicle, saw that his eyes were bloodshot and glassy, and heard him slur his
words. Reger admitted he co... More...
   $0 (06-11-2018 - MT)

State of Vermont v. William Schenk Vermont Supreme Court

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...
   $0 (06-11-2018 - VT)

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