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Estoppel Law
 
Sandra Slater v. U.S. Steel Corporation Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District Cou... More...   $0 (06-21-2018 - AL)

United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...
   $0 (06-20-2018 - NM)

Ex Parte Brandon Joseph Adams

In a single issue on appeal, Adams contends that the trial court erred when it denied habeas relief. Adams argues that the doctrine of collateral estoppel, as embodied in the Double Jeopardy Clause of the Fifth Amendment, bars prosecution in this cause. See U.S. CONST. amend V. The Supreme Court determined years ago that the doctrine of collateral estoppel is embodied within the Fifth Amendment... More...   $0 (06-16-2018 - TX)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

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)

STATE OF KANSAS v. JOSIAH R. BUNYARD

In September 2015, Bunyard pled guilty to one count of possession of methamphetamine. The presentence investigation report scored Bunyard's criminal history as A, based in part on combining six prior adult misdemeanor battery convictions into two adult person felony convictions. Bunyard filed a motion objecting to his criminal history and argued that these convictions should not be scored because ... More...   $0 (06-12-2018 - KS)

United States of America v. James Douglas Hayes District of Utah Federal Courthouse - Salt Lake City, Utah

A jury convicted James Hayes of several offenses related to distributing
methamphetamine, and the district court sentenced him to 20 years in prison. Hayes
appeals only his sentence. He argues the district court erred by sentencing him
within the enhanced range for defendants with a prior felony drug conviction, and by
not affording him the opportunity to speak on his own behalf be... More...
   $0 (06-10-2018 - UT)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Richard Pike v. J. Brad Hester District of Nevada Federal Courthouse - Las Vegas, Nevada

In 2011, J. Brad Hester, a sheriff’s sergeant, conducted an
after-hours dog search of Richard Pike’s locked office. Pike
successfully petitioned a state court for an order of protection
against Hester. Pike later sued Hester in federal district court,
claiming that the search violated his Fourth Amendment
rights. In district court, Pike moved to preclude from
relitigation c... More...
   $0 (06-06-2018 - NV)

James C. Mason, a/k/a Jim Mason v. Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA.

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...
   $0 (06-05-2018 - CO)

Rockefeller Technology Investments (Asia II) v. Changzhou Sinotype Technology Co., LTD

This appeal concerns an aborted international business
deal between Changzhou SinoType Technology Company, Ltd.
(SinoType), a Chinese company, and Rockefeller Technology
Investments (Asia) VII (Rockefeller Asia), an American
investment partnership. When the relationship between the two
entities soured, Rockefeller Asia pursued contractual arbitration
against SinoType in Los... More...
   $0 (06-04-2018 - CA)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter
Logging), with James as its sole member. Carter Logging entered into two loan agreements
1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...
   $0 (06-02-2018 - AR)

Port Medical Wellness, Inc. v. Connecticut General Life Insurance Company

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...
   $0 (06-02-2018 - CA)

Mary McDonald v. City of Wichita, Kansas, Gary Rebenstorf District of Kansas Federal Courthouse - Wichita, Kansas

Mary McDonald appeals the district court’s entry of judgment after a jury
verdict in favor of defendants on her Title VII retaliation claim. She argues that the
jury was improperly instructed on the legal standard for retaliation. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
McDonald served as Chief Prosecutor for the City of Wichita, Kansas, under
the super... More...
   $0 (06-01-2018 - KS)

Placer Foreclosure, Inc. v. Solomon Aflalo

Placer Foreclosure, Inc., acting as trustee, conducted
a foreclosure sale of property owned by Solomon Aflalo. The
foreclosure sale resulted in surplus proceeds. When Aflalo filed a
wrongful foreclosure action against Placer and the third-party
buyer, Pro Value Properties, Inc., Placer filed a complaint in
interpleader and deposited the surplus proceeds with the court.
Plac... More...
   $0 (05-31-2018 - CA)

Harley Shine v. William Sonoma, Inc.

In this putative class action against defendants and
respondents Williams-Sonoma, Inc., and Williams-Sonoma
Stores, Inc. (jointly, Williams-Sonoma), plaintiff and appellant
Harley Shine appeals from an order of dismissal following the
sustaining of a demurrer without leave to amend. Concluding
the demurrer was properly sustained on res judicata grounds, we
affirm.
FACTU... More...
   $0 (05-30-2018 - CA)

Brian Keith Heuston v. Jason Bryant, Warden Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...
   $0 (05-29-2018 - OK)

Willie Harrington v. Ozark Waffle, L.L.C. District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Willie Harrington sued Defendant-Appellee Ozark Waffles,
L.L.C. (“Ozark”) in state court alleging employment discrimination. Construing the
claim as based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.,
Ozark removed the case to federal district court. Based on Mr. Harrington’s failure to
prosecute, the district court dismissed the case... More...
   $0 (05-29-2018 - CO)

Timothy J. Hill v. Joes M. Allbaugh Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...
   $0 (05-29-2018 - OK)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

New West, L.P. v. City of Joliet, Illinois, et al. Northern District of Illinois Courthouse - Chicago, Illinois

This is the fourth published
appellate opinion in a long-running dispute between New
West and the City of Joliet. New West filed this suit in March
2005, contending that the City had interfered with the way in
which it set rents at the Evergreen Terrace apartment complex
under the national government’s mark-to-market program
for rates at subsidized apartments. New West also... More...
   $0 (05-23-2018 - O:)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

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