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Forum Selection Law
 
Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

Terry T. Watson v. State of Missouri

Mr. Watson was convicted of first-degree robbery, resisting arrest, and
second-degree trafficking. He was sentenced to concurrent terms of imprisonment, the
longest of which was 18 years. The convictions and sentences were affirmed on appeal,
and on February 11, 2013, Mr. Watson filed a timely pro se motion for postconviction relief
under Rule 29.15. The motion alleged Mr. Wa... More...
   $0 (01-17-2018 - MO)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

Andrew Panico v. Portfolio Recovery Associates, LLC District of New Jersey Federal Courthouses

In this putative class action, Plaintiff-Appellant Andrew Panico, who resides outside of the state of Delaware but signed a contract with a choice-of-law provision specifying application of Delaware state law, asserts that Defendant-Appellee Portfolio Recovery Associates (“PRA”) violated the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“NJCFA”) by suing to co... More...   $0 (01-14-2018 - NJ)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

State of Wisconsin v. Michael L. Washington Wisconsin Supreme Court

The petitioner, Michael L. Washington ("Washington"), seeks review of a published court of
appeals decision affirming his judgment of conviction and the
circuit court's order denying his postconviction motion.1 He
asserts that the court of appeals erred in determining that, by his conduct, he waived his statutory right to be present at trial.

Washington specifically cont... More...
   $0 (01-13-2018 - WI)

State of Minnesota vs. Daryl Negel Curtis Man convicted in St. Paul O'Reilly parking lot murder

At around 8 p.m. on June 12, 2016, McDaniel was shot and killed in the parking lot
of an auto parts store in Saint Paul. Immediately before McDaniel was shot, he was
standing next to his cousin, Z.M., and looking under the hood of a car. At trial, Z.M.
testified that she did not see the shooter’s face, but did see a light-skinned black man
wearing a red shirt running away fro... More...
   $0 (01-13-2018 - IA)

State of Ohio v. Carolyn Moore Wood County Courthouse - Bowling Green, Ohio

Bowling Green, OH - Jury Convicts Defendant For Fatal Crash

The State of Ohio charged Carolyn Moore, age 33, with two counts of involuntary manslaughter, one count of reckless homicide, one count of aggravated vehicular homicide, one count of driving under a financial responsibility law suspension or cancellation, and one count of operating a vehicle while under the influence of a listed... More...
   $0 (01-13-2018 - OH)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

State of Florida v. Peter Avsenew Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Recommends Defendant for Convicted Killer

The State of Florida charged Peter Avsenew, age 33, with capital murder for killing Kevin Power and Stephen Adams.

The victims took the Defendant into their home in 2010 and paid for it with their lives.

The Defendant reportedly said that he had no regrets for killing the victims.

12/23/2010 1 ... More...
   $0 (01-12-2018 - FL)

Viengthong Sikalasinh v. The State of Texas Woman arrested after police chase facing additional charges for stabbing

In August 2015, an indictment was filed alleging that on or about July 2, 2015,
Appellant intentionally fled from Michael Fenwick, a person Appellant knew was a peace
officer who was attempting lawfully to arrest or detain her and that she did so while using
a vehicle. More than five months later, the State filed its Notice of Intent to Enhance
Punishment Range with Prior Felo... More...
   $0 (01-11-2018 - TX)

STATE OF NORTH CAROLINA v. BERNARDO ROBERTO PENA aka MARTIN RANGEL PENA COURT OF APPEALS OF NORTH CAROLINA

Defendant was initially charged by arrest warrant on 29 May 2012 and then
later indicted on or about 20 August 2012 for second degree sexual offense, second
degree kidnapping, sexual battery, attempted second degree sexual offense, and
attempted second degree rape. He signed a waiver of counsel form on or about 30
May 2012 waiving his right to assigned counsel. Defendant was ... More...
   $0 (01-10-2018 - NC)

COMMONWEALTH vs. CRISOSTOMO LOPES et al Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

State of Tennessee v. Joshua Michael Stewart Child rapist to serve 33-year prison term

In this case, the Defendant was indicted for rape of a child and two counts of aggravated sexual battery. The victimwas ages seven and eightat thetime of the incidents and was the Defendant’s stepsister.
01/04/2018
-2
The victim testified that her birthday was December 12, 2000, that she was age fifteen at the time of the trial, and that she was in the tenth grade. She said that sh... More...
   $0 (01-08-2018 - TN)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Keenan Scott McNeal v. State of Tennessee

The Petitioner’s conviction relates to his sale of narcotics to a confidential informant inside the Petitioner’s house. The transaction was captured in a video recording. The informant died from a drug overdose before the Petitioner’s trial. State v. Keenan Scott McNeal, No. E2013-00602-CCA-R3-CD, 2013 WL 6187962, at *1 (Tenn. Crim. App. Nov. 25, 2013), perm. app. denied(Tenn. Apr. 8, 2014). <... More...   $0 (01-07-2018 - TN)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

United States of America v. Celia Washington Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Former Detroit Deputy Chief of Police and Legal Advisor Pleads Guilty to Bribery Conspiracy

A former Deputy Chief of Police for the Detroit Police Department, Celia Washington, 57, of Detroit, pleaded guilty on January 2, 2018 to conspiring with Gasper Fiore to commit bribery, in connection with the corruption of towing permits in Detroit.

While serving as a Deputy... More...
   $0 (01-06-2018 - MI)

CHRISTOPHER L. JONES v. STATE OF MISSOURI

On October 23, 2015, Jones pled guilty to the Class C felony of tampering in the
first degree. After finding that Jones entered his plea knowingly and voluntarily, the trial
court accepted the plea and ordered a sentencing assessment report. A sentencing hearing
was held on December 22, 2015.
At the sentencing hearing, defense counsel highlighted Jones's newfound sobriety <... More...
   $0 (01-05-2018 - MO)

United States of America v. Lawrence Foster, d/k/a Lorenzo Foster Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This is a real estate fraud case. A jury convicted Lawrence Foster of defrauding investors with regard to real estate located on the island of Rum Cay in the Bahamas. Foster appeals the district court’s (1) denial of his three motions for a judgment of acquittal; (2) determination of the loss amount, restitution award, and his sentence; and (3) denial of his motion to vacate the verdict due to all... More...   $0 (01-04-2018 - FL)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

State of Nebraska v. Jeffrey A. Huff 1st Degree Sexual Assault

On April 15, 2015, the State filed an information charging
Huff with first degree sexual assault. He was ultimately
convicted by a jury. The errors raised in Huff’s petition for
further review concern only a juror at his trial, and not the
underlying charge. We therefore limit our recitation of the
facts to those pertinent to our analysis.
Jury selection for Huff’s trial to... More...
   $0 (12-30-2017 - NE)

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