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Equal Protection Law
 
James Dalton Smith v. The State of Texas Indecency with a child by sexual contact

James Dalton Smith appeals his conviction of one count of continuous sexual abuse of a
child younger than fourteen and two counts of indecency with a child by sexual contact. A jury
found appellant guilty and sentenced him to thirty years’ confinement on the continuous sexual
abuse count and four years’ confinement on each indecency count. In eight issues, appellant argues
th... More...
   $0 (07-17-2018 - TX)

United States of America v. Liberty Global Logistics, LLC (LGL) Southern District of Illinois Courthouse - East St. Louis, Illinois

East St. Louis, IL - U.S. Settles Dispute With Transportation Company Over Contracted Afghanistan Security Services

U.S. based multi-modal transportation and logistics company Liberty Global Logistics LLC (LGL) has paid the United States TWO HUNDRED NINETY-FOUR THOUSAND EIGHT HUNDRED DOLLARS ($294,800) to settle claims that it violated its contract with United States Transportation Comman... More...
   $294800 (07-17-2018 - IL)

Nicholas Knopick v. Jayco, Inc. Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

LARNELL DYKES v. MARTIN SAUERS

Dykes was sentenced in August 1991 for aggravated kidnapping, aggravated robbery, rape, and aggravated burglary in Sedgwick County case No. 90CR2155. Dykes was sentenced in March 1993 for aggravated escape from custody in Leavenworth County case No. 91CR514. Dykes was sentenced in each case before the Kansas Sentencing Guidelines Act (KSGA) went into effect, and his sentences are not eligible for ... More...   $0 (07-16-2018 - KS)

In the Matter of the Marriage of MARSHA WELLS and MIKE WELLS

Marsha and Mike had been married for over 40 years when Marsha filed for divorce. This appeal concerns the division of property between Marsha and Mike.

Before the marriage Mike worked for Panhandle Eastern and purchased an unknown amount of Panhandle Eastern stock. Mike stopped buying Panhandle Eastern stock shortly after marrying Marsha. The Panhandle Eastern stock is currently known ... More...
   $0 (07-16-2018 - KS)

STATE OF KANSAS v. NICHOLAS WAYNE FAGLIE

On January 25, 2016, Kristopher Schultz was at Charlie's Place, a bar in Emporia, Kansas. Schultz' friend, Christopher Walburn, was drinking with him in the bar. Faglie also went to Charlie's Place that night with his friend, Dustin Dingman. During the evening, the four men—Schultz, Walburn, Faglie, and Dingman—were drinking shots and other alcoholic beverages at the bar. The bartender noticed som... More...   $0 (07-16-2018 - KS)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

Teresa Barry v. James P. O'Grady Southern District of Ohio Federal Courthouse - Columbus, Ohio

Teresa Barry, a judicial administrative assistant, sued three judges and two employees of the Franklin County Municipal
Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the
First Amendment and gender discrimination in violation of the Equal Protection Clause of the
Fourteenth Amendment. The defendants moved for summary judgment, and the distr... More...
   $0 (07-16-2018 - OH)

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 - )

UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor v. LOCAL UNION 26, UNITE HERE

The material facts may be stated briefly. Dimie Poweigha is a member of Local 26. The union has negotiated more than 40 CBAs, including one with Poweigha's employer. Poweigha was dissatisfied with the administration of Local 26, and asked the union to permit her to review 37 CBAs Local 26 had negotiated with employers other than her own. Eventually, once the Secretary of Labor got involv... More...   $0 (07-15-2018 - MA)

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)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Jamarcus Jackson

The Defendant’s convictions relate to events that occurred at The Battery, a Johnson City nightclub, in the early morning hours of March 23, 2014. The second degree murder conviction relates to the shooting death of Deshaun Greer.1 The assault conviction relates to Zachary Breedlove, and the reckless endangerment conviction relates to Jonathan McInturff.
At the trial, Amanda Chappell, test... More...
   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Franklin Savage v. State of Maryland District of Maryland Federal Courthouse - Baltimore, Maryland

These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with the State’s Attorney for Worcester County, Beau Oglesby. According to Savage, O... More...   $0 (07-14-2018 - MD)

STATE OF OHIO v. DAVONTE S. BRACY

On July 18, 2016, four-year old M.E. suffered second degree burns from being
exposed to hot water in a bathtub. In August 2016, in relation to the foregoing incident, Bracy,
who was M.E.’s mother’s boyfriend and who was home with M.E. at the time of the incident,
was indicted on two counts of endangering children, one in violation of R.C. 2919.22(B)(1), and
one in violation o... More...
   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- NORMAN L. PRYOR

On August 1, 2016 at approximately 5:30 a.m., nurse anesthetist student
B.A arrived at Aultman Hospital for her clinicals. As she walked toward the employee
entrance, she glanced over her shoulder and saw a man behind her wearing a dark
hoodie, a ski mask, and glasses. B.A screamed and began running toward the hospital,
but the man caught her, tackled her to the ground, and hel... More...
   $0 (07-13-2018 - OH)

STATE OF OHIO -vs- RAMON R. HOOPINGARNER

On May 26, 2017, the Stark County Grand Jury indicted appellant on one count of domestic violence in violation of R.C. 2919.25. Said charge arose from an incident between appellant and his wife, T.H. {¶ 3} A jury trial commenced on August 8, 2017. The jury found appellant guilty as charged. By judgment entry filed August 14, 2017, the trial court sentenced appellant to thirty-six months in... More...   $0 (07-13-2018 - OH)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

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