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STATE OF KANSAS v. DYLLON ALAN TUCKER

The police-citizen encounter here involves four Topeka Police officers—two riding bicycles and two in patrol cars—meeting up with one man asleep in a car with its engine running and music playing so loudly it could be heard several blocks away. Once the driver awakened, the situation deteriorated rapidly and the scene suddenly became dangerous, almost deadly. The police officers' body cameras reco... More...   $0 (08-19-2018 - KS)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

After consulting with the parties, the district court made written findings and conclusions that have been added to the record on appeal. We now affirm the district court's original and reiterated ruling denying the motion to suppress the text messages because Bollig signed a valid consent for a search of his smartphone. In turn, the State properly used the text messages as evidence against Bollig... More...   $0 (08-18-2018 - KS)

JANICE M. GILLETTE v. AMY HAYS THOMAS

Janice and Edward Gillette were married on July 4, 2009. Edward was a wellknown lawyer in the community and well liked. He previously dated several women including Thomas. The record reflects prior incidents where Thomas went to the Gillette home and the police were called. During the summer of 2014 or 2015, the Gillettes saw Thomas driving a black vehicle near their home on several occasions. More...   $0 (08-18-2018 - KS)

Benjamin Thomas Reavis and Kristi Carol Reavis, individually and as next frient of Owen and Emily Reavis v. Toyota Motor Corporation and Toyota Motor Sales Dallas County Courthouse - Dallas, Texas

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

Lisa Levingston v. Kaiser Foundation Health Plan, Inc.

The attorneys for plaintiff Lisa Levingston, O.D., failed to file an opposition to a
motion for summary judgment. They had been substituted into the case after
Levingston’s former attorneys were disqualified and the opposition that the former
attorneys had filed was stricken. At the hearing on the motion, Levingston’s new counsel
claimed they had not known that they needed to file... More...
   $0 (08-18-2018 - CA)

STATE OF KANSAS v. LOARN EARL FITZGERALD II

K.L. and her daughter, C.C., lived in a small home with Fitzgerald and others for a few months in late 2012 and early 2013. A few months after K.L. and C.C. moved, K.L.'s friend asked C.C. about what to do if anyone touched her "bad spots." C.C. responded that she should tell her mother. K.L. then asked C.C. if anyone had touched or hurt her. At that point, C.C. said Fitzgerald had "been doing bad... More...   $0 (08-17-2018 - KS)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Zach Hillesheim v. Holiday Stationstores, Inc. District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Zach Hillesheim alleges that Holiday Stationstores discriminated against him
by failing to have an accessible parking lot at one of its stores. Hillesheim’s
complaint identifies three alleged problems with the parking lot, each giving rise to
a separate claim. For two of the three claims, Hillesheim suffered no injury, so we
vacate the district court’s decision and instruct the cou... More...
   $0 (08-17-2018 - MN)

UNITED STATES OF AMERICA v. ADRIAN NATURE

After drinking three or four containers of beer, Nature got into his vehicle outside of the El Portal Community Center. He planned to drive fifteen miles along a curvy mountain road to his campsite in Yosemite National Park. Bystanders saw him stagger and stumble while heading to his vehicle. They tried to persuade him not to drive and even parked behind his vehicle. A National Park Service ranger... More...   $0 (08-17-2018 - CA)

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio... More...   $0 (08-17-2018 - CA)

United States of America, ex rel. Brian Thomas v. Lincare, Inc. Southern District of Illinois Courthouse - East St. Louis, Illinois

East St. Louis, IL - Durable Medical Equipment Provider Lincare Pays $5.25 Million to Resolve False Claims Act Allegations

Lincare, Inc., has paid $5.25 million to resolve allegations that it violated the federal False Claims Act and the Anti-Kickback Statute by offering illegal price reductions to Medicare beneficiaries, U.S. Attorney Steven D. Weinhoeft announced today. Headquartered in... More...
   $0 (08-17-2018 - IL)

Leta Penrod v. Nancy A. Berryhill (Commissioner, Social Security Administration) Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Leta Penrod brings this appeal on behalf of
her deceased husband, Tod Penrod, who before his death applied
for disability insurance benefits based on various impairments,
including arthritis, diabetes, and high blood pressure.
An administrative law judge determined that, despite
2 No. 17‐2973
these impairments, Penrod retained the capacity to work
through his last... More...
   $0 (08-17-2018 - IN)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

United States of America v. Roy D. Reynolds Western District of Kentucky Federal Courthouse - Bowling Green, Kentucky

Bowling Green, KY - Physician Sentenced To Federal Prison For Drug Trafficking - Judge sentences Kentucky physician to over four years in federal prison and a $25,000 fine for 15 counts of prescribing opiate pain medication outside of the course of medical practice.

United States District Court Judge Greg N. Stivers sentenced Franklin, Kentucky, physician, Roy D. Reynolds, to federal pris... More...
   $0 (08-16-2018 - KY)

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

State of Tennessee v. Michael A. Flippen, Jr.

The Defendant shot and killed the victim, Ms. Princess Clark, andwas indicted for first degree premeditated murder, being a felon in possession of a firearm, possessing a weapon after being convicted of a domestic violence offense, and reckless endangerment. The Defendant entered a guilty plea to the lesser-included offense of second degree 08/09/2018 -2 murder. Pursuant to the plea agreement,... More...   $0 (08-15-2018 - TN)

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

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