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STATE OF KANSAS v. URTIS ANTHONY THAXTON

On January 28, 2016, Brandy Blomgren reported to the police that someone had stolen her 1999 Ford Explorer from the driveway in front of her house. Blomgren saw her car drive down the street away from her house, but she did not see who was driving it. About two weeks later, on February 11, 2016, Kansas City Police Officer Michael Moulin was on patrol at night when he saw a Ford Explorer stopped on... More...   $0 (08-18-2018 - KS)

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)

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 - )

Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...
   $0 (08-17-2018 - AR)

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)

Eric Koty v. DuPage County, Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Eric Koty, a deputy in the DuPage
County Sheriff’s Department, requested a different model of
squad car. Notes from Koty’s physician indicated Koty
should be given a squad car with more legroom, “like an
SUV,” to accommodate a hip condition. The Department denied
Koty’s requests. Koty then submitted EEOC complaints
alleging the Department had discriminated against him in vi... More...
   $0 (08-17-2018 - IL)

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 OF AMERICA -v.- RAYMOND BAKER

As relevant here, Baker was charged on November 5, 2015 in a single count superseding indictment with conspiring to distribute and possess with intent to distribute 100 grams or more of a mixture or substance containing heroin. The evidence presented at his trial established that between January and mid-June 2015, in Albany and Schenectady Counties, New York, Baker participated in this consp... More...   $0 (08-16-2018 - NY)

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)

STATE OF NEW JERSEY v. SURAJ R. DESAI

The following facts are taken from the trial record. In the early morning hours of November 16, 2013, Woodbridge Police Department Officer Bryan Dorward observed a black BMW enter U.S. Route 1 at a high rate of speed and cross into the middle right lane without signaling. Officer Dorward stopped the vehicle, which was operated by defendant. When the officer asked defendant for identificat... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. DAQUAN KEATON, a/k/a DAY DAY, DA QUAN KEATON, DAQUAN J. KEATON, and DAQUAN S. KEATON

Defendant Daquan Keaton was tried to a jury for the murder of Lamar Glover, on a theory of accomplice liability, and the shooting of Raymond Kozar. He was tried alone. The jury convicted him of knowing or purposeful murder, N.J.S.A. 2C:11 3(a)(1) and (2); two counts of second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree unlawful pos... More...   $0 (08-16-2018 - NJ)

JAMES AMELIO vs STATE OF FLORIDA

Florida Standard Jury Instruction (Criminal) 11.3, titled “Sexual Battery—Under Specified Circumstances,” enumerates five elements that the State must prove beyond a reasonable doubt. The standard instruction also lists additional definitions and points of law that are read to the jury “if applicable.” During trial, the Defendant’s counsel objected to the court giving one of the “if applicab... More...   $0 (08-16-2018 - FL)

Lukace Kendle vs. The State of Florida

Kendle was charged with shooting two men in the parking lot of Club Lexx a/k/a Club Ro-lexx, a strip club where Kendle was employed as a security guard on, or about, June 1, 2012. Kijuan Lamar Byrd died from his injuries. Michael Smathers survived, but is paralyzed from the waist down. At all relevant times, Kendle claimed that the shooting was justified under Florida’s Stand Your Ground L... More...   $0 (08-16-2018 - FL)

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. William Shannon Gresham

The victim, who will be identified by her initials K.B., was 11 years old at the time of trial. She testified that Defendant was her stepfather. She testified about an incident that happened when she was eight years old. She was visiting Defendant at the home of Defendant’s mother, whom she referred to as “Gamma Lissa.” K.B. testified that Defendant took video of her doing tumbling and gymnasti... More...   $0 (08-15-2018 - TN)

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

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