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Federal Tort Claims Law
 
David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

STATE OF MISSOURI v. DENNIS JUDSON MATTHEWS

At the time of the underlying conduct, Matthews and Rebecca Matthews1 lived in Richmond with their four children. Their oldest daughter, Karen,2 was four years old at the time; daughter Sara was two years old; and their son Leon was one year old. In addition to their three infants, Matthews and Rebecca had a threeweek-old newborn, daughter Alice. On the morning of August 18, 2012, Matthews was h... More...   $0 (04-22-2018 - )

MICHAEL MITCHELL V. STATE OF ARKANSAS

Shannell Holmes was married to the victim, Troy Holmes. Shannell had two
teenage daughters at home, Ayanna and Asia, and Roderick Gulley, Shannell’s cousin, was
staying with the Holmes family. On the evening of December 27, 2014, Roderick began
arguing and “tussling” with his baby’s mother, Tatiana Curry, about their baby spending
the night at the Holmes residence. Roderick “re... More...
   $0 (04-22-2018 - AR)

JAMES LARAIL SHARP, JR. v. STATE OF ARKANSAS

Appellant was charged in the Sebastian County Circuit Court with one count of
murder in the first degree, a Class Y felony; two counts of aggravated robbery, a Class Y
felony; and one count of kidnapping, a Class Y felony. The charges arose from an event
that occurred on January 23, 2016, and the victim was identified as Kaleb Glenn Watson.
Bailey Smith testified that on Janua... More...
   $0 (04-22-2018 - AR)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA V. MICHAEL ADAM DOMINGUE

The victim Donald Dean Trahan, Jr., aka “T-Don,” and his girlfriend
Jennifer Carlile lived in a trailer owned by Defendant. On March 22, 2016, Carlile
went to a hospital with a broken nose and eye sockets, apparently the result of a
beating from the victim. At about the same time that day, the victim was out
fishing. Carlile returned to the trailer after her hospital visit; ... More...
   $0 (04-22-2018 - LA)

United States of America v. Dwayne E. Hans Eastern District of New York Courthouse - Brooklyn, New York

Brooklyn, NY - Cyber Criminal Sentenced to 36 Months in Prison for Attempting to Steal More Than $3 Million From a Financial Institution and Government Agencies

Defendant Conducted Unauthorized Intrusion into a Government Website, and Attempted to Defraud the U.S. Department of Defense and Pension Benefit Guaranty Corporation

Dwayne C. Hans, was sentenced on April 18, 2018 by Un... More...
   $0 (04-22-2018 - NY)

John Binkowski v. Vincent Holland Grand Island Express, Inc., Grand Island Services, Inc., GIX Logistics, Inc., et al. Porter County Courthouse - Valparaiso, Indiana

Valparaiso, IN - John Binkowski, age 22, sued Vincent Holland Grand Island Express, Inc. on auto negligence and respondeat superior theories claiming that he was severely injured and damages as a direct result on being injured in a automobile semi-tractor trailer accident on Indiana Highway 49 in Porter County, Indiana on on March 7, 2015.

Binkowski's vehicle was hit from behind while st... More...
   $16500000 (04-22-2018 - )

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

Plaintiff originally filed suit against Defendants on January 31, 2011. However, the trial court dismissed Plaintiff's original petition without prejudice and, in January 2012, Plaintiff re-filed its petition. As stated above, Plaintiff asserted theories of breach of contract and negligence against Trinity. However, in March 2012, Trinity filed a motion to dismiss in which it argued, among other t... More...   $0 (04-21-2018 - OK)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

STATE OF KANSAS v. WILLIAM EDWARD BENNETT JR.

William Edward Bennett Jr., appeals the district court's decision revoking his probation and ordering him to serve his underlying prison sentences in three separate cases. We granted Bennett's motion for summary disposition in lieu of briefs pursuant to Kansas Supreme Court Rule 7.041A (2018 Kan. S. Ct. R. 47). The State has filed no response.

In 06CR96, Bennett pled guilty to one coun... More...
   $0 (04-21-2018 - KS)

STATE OF KANSAS v. TANNER LINN WHEELER

On September 15, 2015, Wheeler pled guilty to one count of possession of methamphetamine. On July 11, 2016, the district court sentenced Wheeler to 24 months' imprisonment and granted probation for 12 months to be supervised by community corrections.

At a hearing on February 27, 2017, the district court found that Wheeler was in violation of the conditions of his probation by failing to... More...
   $0 (04-21-2018 - KS)

STATE OF KANSAS v. ANGEL M. WALKER

On March 31, 2016, Walker pled guilty to one count of aggravated arson and one count of endangering a child. On May 13, 2016, the district court imposed a controlling sentence of 24 months' imprisonment and granted probation for 24 months to be supervised by community corrections.

At a hearing on January 26, 2017, Walker admitted to violating the conditions of her probation by failing ... More...
   $0 (04-21-2018 - KS)

STATE OF KANSAS v. CODY ALAN BARTA

The facts establish that on June 3, 2016, the vehicle Barta was driving was stopped in Ellsworth County for a defective tag light. After stopping Barta's vehicle, the officer's suspicion that Barta was impaired led to an investigation resulting in Barta's arrest. Barta has stipulated that there was probable cause to arrest him for DUI. He was transported to the Ellsworth County Law Enforcement Cen... More...   $0 (04-21-2018 - KS)

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

STATE OF KANSAS v. TRAVIS P. ODOM Rape and aggravated indecent liberties with a child

Though Odom's brief provides a limited sketch of the underlying facts, the circumstances prompting the State to charge Odom with four counts of rape and one count of aggravated indecent liberties with a child are immaterial for purposes of resolving Odom's issues on appeal. This court need only to address the procedural history of the case to provide a background for the legal challenges Odom rais... More...   $0 (04-21-2018 - KS)

CITY OF LEAWOOD v. JENNI J. LEE

On February 3, 2015, the City of Leawood charged Lee with first-offense DUI and preliminary screening refusal. Lee was convicted as charged following a bench trial in the Leawood Municipal Court. She subsequently appealed to the Johnson County District Court. Lee filed a motion to suppress, alleging that law enforcement lacked reasonable suspicion to stop and detain her. The district court held a ... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

Maria Morel v. Bhupendra Wagley, M.D., Family Health Centers at NYU Langone, NYU Langone Hospital-Brooklyn, Yitzchak Moshenyat, M.D., Advanced Medical Group, P.C., Daniel Norowitz, M.D., Radiology Associates of Brooklyn, LLP and United States of America Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Brooklyn, NY - Maria Morel sued Bhupendra Wagley, M.D., Family Health Centers at NYU Langone, NYU Langone Hospital-Brooklyn, Yitzchak Moshenyat, M.D., Advanced Medical Group, P.C., Daniel Norowitz, M.D., Radiology Associates of Brooklyn, on LLP and United States of America on medical negligence theories.

04/09/2018 1 NOTICE OF REMOVAL by Advanced Medical Group, P.C., Family Health Cente... More...
   $0 (04-20-2018 - NY)

STATE OF KANSAS v. LEROY K. BRIGGS

Leroy K. Briggs appeals from what he claims to be an erroneously imposed sentence. He argues that the sentencing court erred in classifying his two prior Missouri convictions for resisting or interfering with arrest under Mo. Rev. Stat. § 575.150 (2000 and 2012 Supp.) as person offenses for criminal history purposes. The sentencing court based its ruling on its determination that the Missouri cr... More...   $0 (04-20-2018 - KS)

United States of America v. Russel Patrick Bearshield District of New Mexico Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Mescalero Apache Man Sentenced for Federal Assault Conviction

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

Russel Patrick Bearshield, 30, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months i... More...
   $0 (04-20-2018 - NM)

United States of America v. James Matthew Bradley, Jr. Western District of Texas Federal Courthouse - San Antonio, Texas

San Antonio, TX - James Matthew Bradley, Jr., Sentenced to Life in Federal Prison for Transporting Illegal Aliens Resulting in Death

In San Antonio today, Senior United States District Judge David A. Ezra sentenced 61–year–old Louisville, KY, truck driver James Matthew Bradley, Jr., to life in federal prison without parole for his role in an illegal alien smuggling operation that resulted... More...
   $0 (04-20-2018 - TX)

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