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Municipal Corporation Law
 
Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

FEDERAL TRADE COMMISSION v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.

The pharmaceutical company Boehringer claimed attorney-client privilege over certain documents subpoenaed by the Federal Trade Commission. The attorney-client privilege applies to a communication between attorney and client if at least “one of the significant purposes” of the communication was to obtain or provide legal advice. In re Kellogg Brown & Root, Inc., 756 F.3d 754, 758 (D.C. Cir. 2014)... More...   $0 (06-21-2018 - DC)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

Sandra Slater v. U.S. Steel Corporation Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District Cou... More...   $0 (06-21-2018 - AL)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

STATE OF OHIO - vs - CURTIS D. SCHLEIGER

On May 5, 2009, the Preble County Grand Jury returned a four-count
indictment charging Schleiger with single counts of felonious assault, tampering with
evidence, aggravated assault, and carrying a concealed weapon. Although generally a
first-degree misdemeanor, the carrying a concealed weapon charge was brought as a
fourth-degree felony due to Schleiger having previously been... More...
   $0 (06-20-2018 - OH)

STATE OF OHIO v. MARI BETH TINLEY Ninth District Court of Appeals

As a result of an incident that occurred on March 25, 2017, Ms. Tinley was
charged with one count of domestic violence. Her trial date was postponed on two occasions and
ultimately set for July 10, 2017. Though she attempted to demand a jury trial a few days before
her scheduled trial, the court denied her request as untimely. An acting judge then presided over
her trial due... More...
   $0 (06-20-2018 - OH)

United States of America v. Randall Charles Tucker, a/k/a "Bitcoin Baron"

Phoenix, AZ - Arizona Man Sentenced to Prison for Distributed Denial of Service Attacks Against Emergency Communications System and Other Municipal Websites

An Arizona man was sentenced on June 18, 2018 in Phoenix, Arizona, for directing distributed denial of service (DDoS) attacks at the computer networks of the City of Madison, Wisconsin.

Randall Charles Tucker, aka “Bitcoin Ba... More...
   $0 (06-19-2018 - AZ)

STATE OF OHIO v. JAMES A. BENVENUTO

On August 9, 2016, investigators from the West Central Ohio Crime
Task Force (“WCOCTF”) were conducting surveillance on Vincent McKercher
(“McKercher”) in Allen County. (05/05/2017 Tr. at 8). McKercher had a history
of trafficking in marijuana. (Id. at 9). Investigators followed McKercher (in his
vehicle) from a barbershop in Lima, Ohio to a warehouse located at 519 N. Jac... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. JESSE M. OGLETREE, JR

Ogletree was indicted on June 1, 2017, and on June 16, 2017, the court
entered a not guilty plea on behalf of Ogletree at his arraignment. On June 29, 2017,
Ogletree filed a motion to suppress, and a hearing thereon was held on July 26, 2017.
At the hearing, Officer Josh Bowling of the City of Dayton Police Department testified that
he was working on April 11, 2017, on routin... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. MICHAEL J. HALL, III

Defendant-appellant, Michael J. Hall, III, appeals his conviction and sentence
for the following offenses, to wit: Count I: possession of criminal tools, in violation of R.C.
2923.24(A), a felony of the fifth degree; Count II: possession of cocaine, in violation of
R.C. 2925.11(A) and (C)(4)(e), a felony of the first degree, accompanied by a one-year
firearm specification; Cou... More...
   $0 (06-19-2018 - OH)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

Tamara Skidgel v. California Unemployment Insurance Appeals Board

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...
   $0 (06-15-2018 - CA)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

United States of America v. Jerry Jindong Xu District of Delaware Federal Courthouse - Wilmington, Delaware

Wilmington, DE - Former Chemours Employee Pleads Guilty To Theft Of Trade Secrets Conspiracy In Bid To Lure Chinese Investors Into Sodium Cyanide Market

Former Employee Intended to Infringe on Chemours’ Lucrative Sodium Cyanide Business

Jerry Jindong Xu, a citizen of Canada, pled guilty on June 8 to one count of conspiracy to steal trade secrets before the Honorable Leonard P. St... More...
   $0 (06-13-2018 - DE)

STATE OF KANSAS v. JOSIAH R. BUNYARD

In September 2015, Bunyard pled guilty to one count of possession of methamphetamine. The presentence investigation report scored Bunyard's criminal history as A, based in part on combining six prior adult misdemeanor battery convictions into two adult person felony convictions. Bunyard filed a motion objecting to his criminal history and argued that these convictions should not be scored because ... More...   $0 (06-12-2018 - KS)

In Re World Trade Center Lower Manhattan Disaster Site Litigation Southern District of New York - New York, New York

This action involves the tort and labor law claims of workers whose
participation in post-9/11 cleanup efforts allegedly caused them to develop
respiratory illnesses. The United States District Court for the Southern District of
New York (Alvin K. Hellerstein, J.) granted summary judgment against the
workers, holding that the law that had revived their otherwise time-barred
cla... More...
   $0 (06-12-2018 - NY)

CADELL LEROY BYNUM v. KANSAS DEPARTMENT OF REVENUE

While working at a sobriety checkpoint on September 10, 2016, Detective Spencer Parsons with the Riley County Police Department made contact with Bynum. Parsons smelled the odor of alcoholic beverages and observed Bynum had slurred speech, difficulty communicating, and poor balance or coordination. Bynum informed Parsons that he had consumed a couple of gin and tonic beverages. Bynum attempted the... More...   $0 (06-12-2018 - KS)

The People of the State of Colorado v. Alyse Elaine Shank and Six Thousand Fourteen Dollars in United States Currency Colorado Supreme Court

The People charged Shank with three drug offenses, including one alleging
distribution. She was appointed a public defender. The People later brought a civil
forfeiture action related to the criminal charges. In that case, the People sought
forfeiture of the proceeds of Shank’s alleged crimes pursuant to section 16-13-303(6),
C.R.S. (2017). The P.D. entered its appearance o... More...
   $0 (06-11-2018 - CO)

United States of America v. Wenxia Man United States District Court for the Southern District of Florida - Miami, Florida

Wenxia Man appeals her conviction and sentence for conspiracy to export defense articles without a license or written approval in violation of the Arms Control Export Act, 22 U.S.C. § 2778; see also 22 C.F.R. §§ 121.1, 123.1, 127.1.
Case: 16-15635 Date Filed: 06/06/2018 Page: 1 of 44
2
Her appeal requires us to decide whether sufficient evidence supports her conviction, including the d... More...
   $0 (06-11-2018 - FL)

Adrian Camacho v. Target Corporation

Plaintiff Adrian Camacho appeals from a judgment entered after the trial court
granted summary judgment in favor of defendant Target Corporation (Target) on
Camacho's causes of action for discrimination based on sexual orientation, harassment
causing a hostile work environment, failure to prevent harassment and discrimination,
retaliation, constructive termination in violation of ... More...
   $0 (06-11-2018 - CA)

COMMONWEALTH vs. JOSE NASCIMENTO Massachusetts Supreme Judicial Court

General Laws c. 90, § 23, third par. (§ 23, third
par.), provides for a mandatory minimum sentence of sixty days
in a house of correction on a conviction of operating a motor
vehicle after the suspension or revocation of an individual's
driver's license for operating while under the influence of
alcohol or controlled substances (OUI). Here we are asked to
det... More...
   $0 (06-10-2018 - MA)

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