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Federal Tort Claims Law
 
UNITED STATES OF AMERICA v. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. CLIFTON A. SATTERWHITE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On January 22, 2016, the government filed a criminal complaint against Satterwhite alleging that he participated in a number of robberies in the Columbus, Ohio area. The complaint requested an arrest warrant against Satterwhite for interstate robbery, in violation of 18 U.S.C. § 1951, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and brandishing a firearm during a crime of... More...   $0 (06-22-2018 - OH)

UNITED STATES OF AMERICA v. JAMAL COOPER UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On March 31, 2014, the government obtained a 30-day electronic surveillance order authorizing the wiretapping of cellphones identified as “Target Telephone 1” (TT1) used by Eric Williams, and TT2 used by defendant-appellant Jamal Cooper. The government submitted a single application and the court issued a single wiretap order to cover both phones.
The government intercepted Cooper’s calls u... More...
   $0 (06-22-2018 - )

UNITED STATES OF AMERICA v. BENJAMIN ROBERT DAVIS

Benjamin Robert Davis seeks to appeal the district court’s orders denying relief on
his 28 U.S.C. § 2255 (2012) and Fed. R. Civ. P. 59(e) motions. The orders are not
appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial
showing of the denial of ... More...
   $0 (06-22-2018 - NC)

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. Daniel Burgess United States District Court for the District of Vermont

Daniel Burgess Imprisoned For Securities Fraud

The United States Attorney for the District of Vermont announced that Daniel Burgess, 51, of Stowe, was sentenced in United States District Court in Rutland to 24 months of imprisonment following his guilty plea to a charge of wire fraud. Chief U.S. District Judge Geoffrey Crawford also ordered that Burgess serve a three-year term of supervis... More...
   $0 (06-21-2018 - VT)

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)

United States of America v. Edwin Gonzalez, a/k/a “Sangriento" District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - MS-13 Member Convicted for Gang Murders of Two Teenagers

Government’s 49th conviction in case. Defendant is 16th person held accountable for murder.

Following a multi-week trial in federal court in Boston, an MS-13 member was found guilty on June 21, 2018 of racketeering conspiracy involving murder. This is the government’s 49th conviction in the case. Defendant i... More...
   $0 (06-21-2018 - MA)

United States of America v. Eric Valentin, a/k/a “Jefe” District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Alleged Gang Member Sentenced for Dealing Firearms

Defendant had “price list” with range of firearms for sale

An alleged member of the Latin Gangsta’ Disciples gang in Lawrence was sentenced yesterday to three years in prison for federal firearms trafficking. Defendant sold 11 firearms, 18 magazines and 359 rounds of ammunition (including 59 rounds of hollow point am... More...
   $0 (06-21-2018 - MA)

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. Mario Lee, a/k/a Mo District of Maine Federal Courthouse - Bangor, Maine

This appeal comes from a
district court’s imposition of a 218-month sentence on Mario Lee
for conspiracy to distribute and possession with intent to
distribute 100 grams or more of a mixture or substance containing
heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. Lee only
attacks his sentence as procedurally unreasonable. Concluding, as
we do, that the district court ... More...
   $0 (06-21-2018 - ME)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

UNITED STATES OF AMERICA v. JUAN H. RAMOS

Ramos’s status as a career offender is dictated by his criminal record, which includes several prior felony convictions. First, in July 1998, Ramos “threw a brick at the nose of a 10-year-old child,” who then required medical treatment at a local hospital.1 As a result, Ramos pled guilty to aggravated assault in the Philadelphia County Common Pleas Court.2 Second, in October 1999, Ramos was app... More...   $0 (06-21-2018 - PA)

ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

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 - )

FEDERAL TRADE COMMISSION v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.

The pharmaceutical company Boehringer claimed attorney-client privilege over certain documents subpoenaed by the Federal Trade Commission. The attorney-client privilege applies to a communication between attorney and client if at least “one of the significant purposes” of the communication was to obtain or provide legal advice. In re Kellogg Brown & Root, Inc., 756 F.3d 754, 758 (D.C. Cir. 2014)... More...   $0 (06-21-2018 - DC)

Barbara Stone vs. The State of Florida

In 2014, Stone entered into a plea agreement to the charge of interference
with custody, a third degree, non-forcible felony. She scored 22 sentencing points.
The trial court found her guilty, withheld adjudication and placed her on three
years of reporting probation with special conditions. The State subsequently filed
several affidavits alleging Stone violated the terms of... More...
   $0 (06-21-2018 - FL)

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)

Bobby Chism v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

At this hearing, the State provided a recitation of the facts supporting entry of the Petitioner’s guilty plea:
[H]ad [this case] gone to trial [the] State would have shown on July 22[], 2014[,] officers in the Memphis Police Department responded to a robbery called at [the victims’ apartment].

The victim, [V.P.] . . . indicated she was sleeping in her bedroom, a male woke her up po... 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)

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