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Diversity of Citizenship Law
 
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)

UNITED STATES OF AMERICA v. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio... More...   $0 (08-17-2018 - CA)

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)

United States of America v. Prempeh Ernest Agyemang Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Raleigh, NC - Justice Department Secures the Denaturalization of Individual Convicted of Sexual Abuse by a Substitute Parent/Custodian

On August 8, 2018, Chief Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina entered an order that revoked the naturalized U.S. citizenship of a child sex offender, restrained and enjoined him from claiming any ri... More...
   $0 (08-14-2018 - NC)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

Joel Doe, et al. v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de... More...   $0 (08-02-2018 - PA)

Vith Loch v. The State of Texas

At his arraignment, the trial court advised appellant as to the range of
punishment for the offense of murder, but it did not provide any further
admonitions. Appellant testified that he discussed his case at length with his trial
counsel, including all potential defensive theories and strategies. However, despite
his trial counsel’s presentation of various possible defensive... More...
   $0 (08-02-2018 - TX)

FAN WANG v. THE ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA

Fan Wang, a citizen of the People’s Republic of China, obtained lawful permanent resident status in the United States on April 29, 2010, and worked as a trading assistant in a financial services firm. In 2011, without authorization, he purchased oil futures contracts using the firm’s trading account and transferred those contracts between firm accounts. In company records, Wang marked these cont... More...   $0 (08-02-2018 - PA)

Taryn Nishiki v. Danko Meredith, APC

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...
   $0 (08-02-2018 - CA)

Jerrid Allen v. Kevin M. Milas, et al. Eastern District of California Federal Courthouse - Sacramento, California

Jerrid Allen petitions under the Administrative Procedure
Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by
the U.S. Consulate in Frankfurt, Germany to deny a visa to
his wife. Allen claims that the consular officer committed
legal error in denying Mrs. Allen a visa, and that the error
was “arbitrary, capricious, . . . or otherwise not in accordance
with law.” ... More...
   $0 (07-29-2018 - CA)

Freedom From Religion Foundation, Inc. v. Chino Valley Unified School, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Establishment Clause serves intertwined purposes, pertaining to individual freedom and the democratic nature of our system of government. The Clause protects “the individual’s freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience.” Wallace v. Jaffree, 472 U.S. 38, 49 (1985). It likewise ensures that the government in no way acts to make be... More...   $0 (07-29-2018 - CA)

Brenda McCracken, et al. v. Progressive Direct Insurance Company, et al. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The plaintiffs in these consolidated appeals each settled a claim under their
automobile-insurance policies with the defendants. But now the plaintiffs maintain
that the defendants illegally reduced their settlement offers by taking into account
certain benefits they had previously paid the plaintiffs. The district courts dismissed
the plaintiffs’ putative class-action lawsuits aft... More...
   $0 (07-24-2018 - CO)

Barbara Sopkin v. Jill C. Mendelson Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Barbara Sopkin appeals from the district court’s dismissal of her lawsuit filed both derivatively on behalf of Interlase Limited Partnership and as assignee of Lucre Investments Ltd, which Sopkin purports assigned to her a 2% general partnership interest in Interlase.1 In her operative complaint, Sopkin alleges multiple state law claims primarily related to the defendants’ handling of Interlase’s ... More...   $0 (07-24-2018 - VA)

United States of America v. Miteshkumar Patel, et al. Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Houston, TX - 24 Defendants Sentenced in Multimillion Dollar India-Based Call Center Scam Targeting U.S. Victims

Twenty-one members of a massive India-based fraud and money laundering conspiracy that defrauded thousands of U.S. residents of hundreds of millions of dollars were sentenced this week to terms of imprisonment up to 20 years. Three other conspirators were sentenced earlier th... More...
   $0 (07-21-2018 - TX)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

STATE OF OHIO -vs- DOUGLAS EDWARD HADDIX

In 1995 Appellant was convicted of two counts of rape in violation of R.C. 2907.02, one count of felonious sexual penetration in violation of R.C. 2907.12, and one count of gross sexual imposition in violation of R.C. 2907.05. The jury acquitted appellant on one additional count of rape and the trial court dismissed a count of child endangering, a violation of R.C. 2919.22. Appellant appeale... More...   $0 (07-18-2018 - OH)

Jonathan Scarborough v. Federated Mutual Insurance Company District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In 2014, Jonathan Scarborough was fired by his employer, Federated Mutual
Insurance Company. Scarborough sued, claiming that he was fired for engaging in
conduct that was protected by the Minnesota Whistleblower Act (MWA or the act).
Scarborough submitted evidence that he told his supervisors about an employee who
was stealing from Federated, and alerted them to potential consequen... More...
   $0 (07-18-2018 - MN)

United States of America v. Marq Vincent Perez Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Houston, TX - Jury Convicts Texas Man of Hate Crime in the Burning of Victoria, Texas, Mosque

The Justice Department today announced that a federal jury in Victoria, Texas, has returned guilty verdicts on all counts as charged related to the 2017 burning of a local mosque. Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Ryan Pat... More...
   $0 (07-17-2018 - TX)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

United States of America v. Leaford George Cameron Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Phony Attorney Who Operated Fraudulent Multi-State Law Practice Sentenced to 12 Years in Federal Prison

Leaford George Cameron, 65, of Burlington, New Jersey, was sentenced today to 12 years in federal prison followed by three years of supervised release in connection with his operation of a fraudulent multi-state law practice. Cameron was convicted in February 2018, o... More...
   $0 (07-12-2018 - PA)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

STATE OF IOWA vs. BION BLAKE INGRAM SUPREME COURT OF IOWA

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
3
vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...
   $0 (07-03-2018 - IA)

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