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Fair Debt Collection Practices Act Law
 
John Anthony Dobbs v. The State of Texas

Following the fourteen-year-old victim’s report to her father that Dobbs,
who was living in their garage, had “raped” her, the victim’s mother and father
took her to Cook Children’s Medical Center. Stacy Henley, a pediatric SANE
who was part of the Child Advocacy Resource and Evaluation team, met with the
victim and took down her patient history verbatim for the purpose of med... More...
   $0 (06-24-2018 - TX)

Jonathon Farshid Fayyazi v. The State of Texas

Officer Delaney Green with the Southlake Police Department was on patrol
in her marked patrol car in Southlake in the early morning hours of April 9, 2016.
She testified at trial that around 3:00 a.m. she was traveling north on Davis
Boulevard when she noticed a vehicle—later identified as being driven by
Appellant—that appeared to be traveling at “a very high rate of speed.” ... More...
   $0 (06-24-2018 - TX)

Savanna McIntare v. The State of Texas

Because Appellant does not contest the sufficiency of the evidence to
support her conviction, we will summarize the evidence to the extent necessary
to contextualize her points.
The record shows that Appellant shot the victim—her husband, Don
McIntare—twelve times at close range with three different pistols. Appellant
testified at guilt-innocence. She admitted that she sh... More...
   $0 (06-24-2018 - TX)

In re: KBR, INC., Burn Pit Litigation. District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

STATE OF KANSAS v. KERRY D. JENKINS

On October 21, 2014, Kelly Spires, the manager of a Save-A-Lot in Wichita, reported to police that a man had walked out of the store with a cart of groceries for which he had not paid.

Wichita Police Officer Robert Bachman responded to the scene and spoke with Spires. She told him she had been within 10 to 15 feet of the man and asked him if he had a receipt. She looked him right in th... More...
   $0 (06-23-2018 - KS)

STATE OF KANSAS v. JACOB MICHAEL MARTIN

Martin stole Brittani Jenson's golf clubs from a van, then pleaded guilty to burglary of a vehicle and theft. The district court sentenced him to probation with an
2

underlying sentence of five months' imprisonment and held a hearing to determine the amount of restitution. Heather Jenson, Brittani's mother, testified at that restitution hearing. She explained that at the time o... More...
   $0 (06-23-2018 - KS)

Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

STATE OF KANSAS v. JEFFREY D. CRENSHAW

In April 2014, the State charged Crenshaw with five counts of aggravated indecent liberties with a child under the age of 14; one count of attempted aggravated criminal sodomy with a child under the age of 14; and one count of aggravated criminal sodomy with a child under the age of 14. In June 2016, a jury trial was held in the case. The evidence presented was lengthy and will be set out in consi... More...   $0 (06-22-2018 - KS)

STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

STATE OF KANSAS v. GREGORY MARK GEORGE, JR.

George was convicted by a jury of kidnapping, rape, aggravated robbery, and aggravated intimidation of a witness or victim. The basic facts as established in the direct appeal of his convictions include:

"R.L., a clerk at a Lansing convenience store, testified that on December 21, 2004, George entered the store, told R.L. he 'wanted the money,' and showed her a gun. R.L. handed George c... More...
   $0 (06-22-2018 - KS)

Natasha Meeks v. Autozone, Inc

Plaintiff and appellant Natasha Meeks contends that she suffered sexual
harassment on the job. She brought suit against her employer, defendant and appellant
AutoZone, Inc. (AutoZone), and the alleged harasser, defendant and appellant Juan
Fajardo, pursuing claims of sexual harassment, failure to prevent sexual harassment, and
retaliation in violation of the Fair Employment and Hou... More...
   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. CHISTOPHER WELSHANS

In February 2014, the Pennsylvania Office of Attorney General determined that child pornography was being shared by an Internet Protocol (IP) address associated with a subscriber later identified as Welshans’s aunt. Law enforcement agents executed a search warrant on her home on March 21, 2014 at 7:30 a.m. The agents found no child pornography, but learned that Welshans, who lived nearby, used t... More...   $0 (06-21-2018 - PA)

United States of America v. Jasmin Polanco District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Real Estate Attorney Sentenced for Role in Sweeping Mortgage Fraud Conspiracy

A real estate attorney was sentenced today in connection with a sweeping conspiracy to defraud banks and mortgage companies by engaging in sham “short” sales of residential properties in Merrimack Valley.

Jasmin Polanco, 37, of Methuen, was sentenced by U.S. Senior District Court Judge Doug... More...
   $0 (06-21-2018 - MA)

Carlos G. Bertonatti vs. The State of Florida

At approximately 8:00 a.m., Bertonatti veered his vehicle into the bicycle
lane on Bearcut Bridge; struck and killed a bicyclist, Christophe Lecanne; failed to
stop or attempt to render aid to Mr. Lecanne; and subsequently fled from the police
when they pursued and tried to stop him with lights and sirens activated. The
evidence revealed that the impact to the bicycle and to ... More...
   $0 (06-21-2018 - FL)

Sergio M. Hernandez, III vs. The State of Florida

Defendant, Sergio Hernandez, III, appeals from his judgment and sentence
for domestic battery by strangulation and false imprisonment. As his sole issue on
appeal, Hernandez contends that the trial court committed fundamental error in its
determination of Hernandez’s competency to proceed. Specifically, Hernandez
asserts that the trial court failed to make an independent asse... More...
   $0 (06-21-2018 - FL)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

State of Tennessee v. Marquel Stewart

The instant offense occurred on August 11, 2013, as Kyle Foster, the victim, was withdrawing money from an automated teller machine (ATM). A t that time, the Defendant robbed the victimat gunpointand attempted to escape in the victim’s car. The Defendant could not start the car, ran behind a nearby building, and then into a forest across the street. The police were called, and, followinga K-9 s... More...   $0 (06-21-2018 - TN)

Nathaniel Walker v. State of Tennessee

On June 23, 2015, the Petitioner pled guilty to aggravated assault, aggravated burglary, and employing a firearm during the commission of a felony in exchange for concurrent, three-year sentences for the aggravated assault and aggravated burglary convictions and a six-year sentence for employing a firearm during the commission of a felony to run consecutively to the three-year sentences and concur... More...   $0 (06-21-2018 - TN)

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)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

Edward Wilson v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

The record in the instant case does not contain the indictments or technical record from the underlying charges, but we glean from the plea hearing that the Petitioner’s pleas arose from offenses committed on three separate dates in 2015. The Petitioner was charged with committing on March 23, 2015, the offenses of driving on a suspended license and violation of the financial responsibility law. ... More...   $0 (06-21-2018 - TN)

United States ex rel. Van Raalte, et al. v. Healogics, Inc. Middle District of Florida Federal Courthouse - Orlando, Florida

Orlando, FL - Healogics Agrees To Pay Up To $22.51 Million To Settle False Claims Act Liability For Improper Billing Of Hyperbaric Oxygen Therapy

The Justice Department announced on June 20, 2018 that Healogics, Inc. has agreed to pay up to $22.51 million to settle allegations that it violated the False Claims Act by knowingly causing wound care centers to bill Medicare for medically unn... More...
   $0 (06-21-2018 - FL)

United States of America v. Ramon Cobena Duenas United States District Court for the Southern District of Florida - Miami, Florida

After trial by jury, Ramon Cobena Duenas was convicted of conspiring to exchange counterfeit currency, and dealing in counterfeit currency, in violation of 18 U.S.C. §§ 371 and 473. On appeal, Cobena Duenas challenges his convictions, claiming that the government failed to prove he knew the transaction involved counterfeit United States currency. After review, we affirm.
I.
The essential f... More...
   $0 (06-21-2018 - FL)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

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