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Res Judicata Law
 
Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)

STATE OF OHIO vs. ERIC M. MCNEIR

On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

ABM Industries Overtime Cases

Respondent ABM Industries, Inc. (collectively with related respondents, ABM) is
a large facility services company with employees throughout the United States, including
thousands of janitorial workers at hundreds of job sites in California. Appellants
(referred to herein as plaintiffs) are present or former ABM janitorial employees. On
behalf of themselves and similarly situated Ca... More...
   $0 (01-10-2018 - CA)

United States of America v. Everett B. Robinson Tenth Circuit Courthouse - Denver, Colorado

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...
   $0 (01-10-2018 - OK)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Cedric Greene v. Direct TV, Inc. Tenth Circuit Courthouse - Denver, Colorado

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...
   $0 (01-09-2018 - UT)

STATE OF OHIO v. DEREK S. CHILDERS

Childers was originally indicted in November 2014 on two counts of
burglary, felonies of the second degree in violation of R.C. 2911.12(A)(2), and four
counts of breaking and entering, felonies of the fifth degree in violation of R.C.
2911.13(A). The counts stemmed from incidents that occurred during September 2014
and October 2014. Childers pleaded guilty to all counts of the... More...
   $0 (01-08-2018 - OH)

Timothy M. Jodway; Alaina Zanks-Jodway v. Fifth Third Bank Sixth Circuit Court of Appeals for the Sixth Circuit

Many people dream of having a lakefront home. Timothy
Jodway and his wife, Alaina, were no different. So they took out a mortgage loan from Fifth
Third Bank and purchased a home on Lake Charlevoix in Boyne City, Michigan. But things did
not go as planned. Money became tight, and Timothy Jodway eventually had to file for
bankruptcy. And as part of his Chapter 13 repayment plan, Jodw... More...
   $0 (01-05-2018 - OH)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

STATE OF OHIO v. DERRICK E. MAYES

Mayes was arrested on June 15, 2010, and charged with one count of gross
sexual imposition. In an order entered on January 14, 2011, the trial court appointed an
attorney to defend Mayes, and on February 17, 2011, Mayes executed a time waiver of
unlimited duration with respect to “every offense and specification [with] which [he] could
[have] be[en] charged” as a result of the... More...
   $0 (12-31-2017 - OH)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-29-2017 - CA)

Julie Lowery v. Houston Ford Lowery III

Appellant, Julie Lowery, appeals the trial court’s order that terminated spousal maintenance in favor of appellee, Houston Ford Lowery III. In three issues, Julie argues that (1) the trial court erred in terminating spousal maintenance and (2) Houston’s motion to clarify amounted to a collateral attack on the divorce decree.
2
We reverse.
Background
Julie and Houston entered into a... More...
   $0 (12-21-2017 - TX)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

UNITED STATES OF AMERICA v. LEONARD OLIVER UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500
grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum
sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1
The district court entered its judgment on September 30, 2011. The following year, Oliver
filed a tLeonard Oliver ple... More...
   $0 (12-20-2017 - SC)

In the Interest of J.D.A., a minor child

In this suit affecting the parent-child relationship, Mother appeals orders modifying child support and enjoining Maternal Grandfather from unsupervised access to her child, J.D.A. For the following reasons, we modify the trial court’s final order in part, reverse it in part, and remand the case to the trial court for further proceedings consistent with this opinion.
BACKGROUND
Mother and ... More...
   $0 (12-19-2017 - TX)

JUSTIN D. ELNICKI v. STATE OF KANSAS

Elnicki's motion follows three jury trials on the charges underlying this case. He was originally charged with aggravated kidnapping, rape, and aggravated sodomy for events occurring in November 2001. During his first trial in 2002, the district court dismissed the kidnapping charge, and Elnicki was convicted of rape and aggravated criminal sodomy. On direct appeal, the Kansas Supreme Court revers... More...   $0 (12-15-2017 - KS)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-15-2017 - CA)

Michael Anthony Whitesell v. Bruce O. Burnham Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...
   $0 (12-10-2017 - UT)

Mohammed Nadeem v. State of Nebraska Jury finds Lincoln man guilty of attempted sex assault

Nadeem was convicted in 2010 of attempted first degree sexual assault and attempted third degree sexual assault of H.K., a minor. These offenses were based on an encounter that Nadeem had with a 14-year-old girl in 2009 when he was 22 years old. The evidence presented at Nadeem’s criminal trial is summarized in his original direct appeal,3 but the facts according to Nadeem’s complaint are summariz... More...   $0 (12-09-2017 - NE)

STATE OF TENNESSEE v. DALE ALBERT GRECA Tennessee Court of Criminal Appeals

On May 6, 2015, the victim, Stanley Foust, was employed by the City of LaFollette within the Public Works Department and was tasked with mowing the rightof-way along Central and Jacksboro Pike. That day, the victim was working alone, driving a city owned, white Jeep Cherokee, and towing a trailer with a zero turn mower on it.
At some point during his work day, the victim stopped at the West... More...
   $0 (12-08-2017 - TN)

Diana Nieves Noel v. Thrifty Payless, Inc.

Plaintiff James A. Noel bought an inflatable swimming pool at defendants’
drugstore that turned out to be much smaller than the pool pictured on the box. He sued
defendant Thrifty Payless, Inc. on behalf of himself and similarly situated individuals,
alleging defendants violated the Consumers Legal Remedies Act (Civ. Code, § 1750 et
seq.) (CLRA), Unfair Competition Law (Bus. & Prof... More...
   $0 (12-05-2017 - CA)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

United States of America v. James Keith Beirle District of Wyoming Federal Courthouse - Cheyenne, Wyoming

In February 2014, James Keith Beierle was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his first sentencing
hearing, the district court reviewed Beierle’s criminal history from the 1980s, which
included state felony convictions for burglary, robbery, and possession of a weapon
by a prisoner. The court determined that these three c... More...
   $0 (11-30-2017 - WY)

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