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Health Care Law
 
STATE OF KANSAS v. CHRISTOPHER M. HARRIS

In February 2015 Gregory Swiger and Catherine Richard were walking to a liquor store when they came upon Christopher Harris. Swiger and Harris got into an argument, and Swiger stated that he was going to "whip [Harris'] butt." Swiger did not follow through on the threat, however, because he did not want to get in any trouble. Swiger testified that as he started to walk away, Harris pulled out a kn... More...   $0 (01-19-2018 - KS)

STATE OF MONTANA v. TERRANCE LEE BRAUNER, a/k/a TERRY-LEE SUPREME COURT OF THE STATE OF MONTANA

In April 2011, Erickson and Gene Johnson (Johnson) were involved in an
altercation, which ended when Erickson struck Johnson in the face, causing Johnson to fall
to the pavement and hit his head. Johnson sustained a serious injury that required
significant medical treatment. In February 2013, a jury found Erickson guilty of criminal
endangerment, a felony in violation of § 45-... More...
   $0 (01-19-2018 - )

STATE OF NEW MEXICO v. FILEMON V. New Mexico Supreme Court

This case comes to this Court on interlocutory appeal from the Sixth Judicial
3 District Court. Pursuant to Rule 12-201(A)(1)(a) NMRA, the State appeals the district
4 court’s order to suppress two statements, one elicited at the juvenile probation office
5 and the other at the Silver City Police Department.
6 {5} Filemon was on probation for committing a delinquent act and expecte... More...
   $0 (01-19-2018 - NM)

UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs... More...
   $0 (01-19-2018 - CA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

United States of America v. Gerald Daneshvar, M.D. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Michigan Doctor Sentenced to Prison for $1.7 Million Health Care Fraud Scheme

A Detroit, Michigan-area doctor was sentenced to 24 months in prison on January 18, 2018 for his role in a $1.7 million health care fraud scheme that involved billing Medicare for physician home visits that were medically unnecessary and/or were billed under unwarranted treatment codes that resulte... More...
   $0 (01-19-2018 - MI)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

State of Tennessee v. Brandon Christopher Scott Third person pleads guilty in shooting of boy

In May 2015, the Davidson County Grand Jury indicted the Defendant on three counts each of attempted first degree murder, employment of a firearm during the
commission of a dangerous felony (with a previous dangerous felony conviction), and reckless endangerment. See Tenn. Code Ann. §§ 39-11-106, -12-101, -13-103, -13-202, 17-1324. The Defendant was charged along with three co-defendants—Ja... More...
   $0 (01-18-2018 - TN)

State of Tennessee v. Christopher Jerald Crowley Nashville man charged in death of homeless man

During the early morning hours of October 18, 2012, the victim, Robert Mitchell, was sleeping on a bench across the street from the Criminal Justice Center in downtown Nashville. The victim’s aunt, Linda Cloyd, testified at trial that the victim typically lived with family members, but that in October 2012 the victim was homeless and working at the Nashville Rescue Mission. Mario Hambrick was th... More...   $0 (01-18-2018 - TN)

State of Tennessee v. Joseph Howard Hinson, III Tennessee Court of Criminal Appeals

The Hardin County Grand Jury returned an indictment charging the Appellant with selling .5 grams or more of methamphetamine within a drug-free zone after a confidential informant purchased drugsfrom the Appellant.
At trial, Hardin County Sheriff’s Deputy Jason Caldwell, who was assigned to the 24th Judicial District Drug Task Force, testified that in August 2014, Tommy Woods
01/17/2018<... More...
   $0 (01-18-2018 - TN)

COMMONWEALTH vs. SHAWN A. McGONAGLE Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

STATE OF OHIO - vs - CHRISTY LYNN WARWICK

In May 2016, appellant was arrested and indicted on one count of endangering
children in violation of R.C. 2919.22(A), a felony of the third degree, and one count of
involuntary manslaughter in violation of R.C. 2903.04(A), a felony of the first degree. The
charges arose out of the death of appellant's infant son, Sylas, who was 21 months old at the
time of his death on Decemb... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO -vs- JEREMY DAVID WILSON SEXUAL BATTERY

On November 17, 2016, the Stark County Grand Jury secretly indicted Appellant
on the aforementioned charge. The charge arose out of numerous incidents involving Appellant’s
biological daughter, who was less than thirteen years of age, and taking place between October
23, 2005, and December 31, 2013. Appellant appeared for arraignment on December 2, 2016,
and entered a plea of... More...
   $0 (01-18-2018 - OH)

STATE OF OHIO v. CHRISTOPHER J. MCINTOSH

In Scioto C.P. Case No. 16CR411, the Scioto County Grand Jury returned
an indictment charging Christopher McIntosh with two counts of aggravated trafficking in
drugs, one count of trafficking in drugs, two counts of aggravated possession of drugs,
one count of possession of drugs, one count of having weapons while under disability,
and one count of receiving stolen property, wi... More...
   $0 (01-18-2018 - OH)

Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

United States of America v. Ted Howard Fulk Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Defendant Ted Howard Fulk pleaded guilty to one count of failure to register
as a sex offender in violation of 18 U.S.C. § 2250, his fourth conviction related to
registry requirements. The district court 1 sentenced him to thirty-seven months’
imprisonment and ten years’ supervised release. His supervised release includes a
special condition requiring court approval before travelin... More...
   $0 (01-18-2018 - IA)

Ndioba Niang v. Emily Carroll Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Missouri statutes require African-style hair braiders to be licensed as barbers
or cosmetologists. Ndioba “Joba” Niang and Tameka Stigers challenge this
requirement under the Fourteenth Amendment. The district court1 granted summary
judgment for the State. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
African-style hair braiders are required to have a license ... More...
   $0 (01-18-2018 - MO)

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)

United States of America v. Michael Litz Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Clayton Real Estate Developer Pleads Guilty

Michael Litz, 63, of Ladue, pled guilty on January 17, 2018 to assisting in an unlawful insider loan scheme at Excel Bank. He appeared before United States District Judge Audrey G. Fleissig.

Litz is the third person to plead guilty in a criminal investigation following the failure of Excel Bank in 2012. Litz and Shaun... More...
   $0 (01-17-2018 - MO)

United States of America v. Diana J. Gumila Northern District of Illinois Courthouse - Chicago, Illinois

Diana Gumila ran a home-healthcare company that defrauded the federal government of several million dollars. She was convicted of multiple counts of healthcare fraud and making false statements in connection
∗ Circuit Judge Posner retired on September 2, 2017, and did not partici-pate in the decision of this case, which is being resolved by a quorum of the panel under 28 U.S.C. § 46(d).<... More...
   $0 (01-17-2018 - IL)

Sergio Gonzalez v. The State of Texas

In his first issue, appellants contends he was not properly admonished concerning the range
of punishment he would face if he pleaded guilty. Before the plea hearing, appellant received
written admonishments, which recited that he was charged with a first degree felony with a
punishment range of “5-99 years or Life and an optional fine not to exceed $10,000.00.” At the
hearing,... More...
   $0 (01-16-2018 - TX)

Andrew James Rackley v. The State of Texas

Andrew James Rackley was charged with the offense of possession of more than one
gram but less than four grams of methamphetamine. See Tex. Health and Safety Code §§ 481.102(6)
(listing methamphetamine as substance included in “Penalty Group 1”), .115(a), (c) (providing that
person commits offense if he “knowingly or intentionally possesses a controlled substance listed in
Penalty... More...
   $0 (01-16-2018 - TX)

Christopher Rene Lopez v. The State of Texas Christopher Rene Lopez Registered Sex Offender

Luis Osorio Chavez was the foreman for a landscaping work crew that
included Lopez and Manual Duran. During a typical workday in May 2014, the
three men climbed into a truck around 2:30 p.m. to leave a work site. Chavez
was in the driver’s seat, Lopez was in the passenger’s seat, and Duran sat
between them.
While in the truck, Chavez heard Lopez say something like, “[S]o y... More...
   $0 (01-16-2018 - TX)

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