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Recent Verdicts and Judgments
United States v. William Robison

On April 18, 2012, Cedar Rapids police officers responded to a report that a
shot had been fired at the residence of Laura Fluke, the mother of eighteen-year-old
William Robison. The officers interviewed individuals present at Fluke’s residence,
including Jenna Moser, and learned that Fluke had been assaulted by her boyfriend,
Shane Manley, on the front porch. Moser told the offi ... More
   $0 (07-22-2014 - IA)

Marc Kutten v. Sun Life Assurance Co.

Marc Kutten sued Sun Life Assurance Company of Canada, alleging that Sun
Life improperly denied him long-term disability benefits under a disability plan
governed by the Employee Retirement Income Security Act of 1974 (ERISA). Sun
Life and Kutten filed cross-motions for summary judgment. The district court denied
Sun Life’s motion for summary judgment and granted Kutten’s motio ... More
   $0 (07-22-2014 - MO)

United States of America v. James Carlson, Joseph Cabello and Thomas O'Malley

CHICAGO, IL ― Three Chicago men are facing federal prison sentences ranging from 20 to 51 months for their roles in a seven-year fraud scheme that caused client banks of their ATM servicing business to lose more than $1.7 million. The last of the three defendants was sentenced today while the other two were sentenced last month.

The defendants, JAMES CARLSON, JOSEPH CABELLO, and THOMAS ... More
   $0 (07-21-2014 - IL)

Jerry G. Markadonatos v. Village of Woodridge

The plaintiff was arrested
in the Village of Woodridge, Illinois, for shoplifting, an
Illinois Class A misdemeanor. 720 ILCS 5/16‐25. Upon arriving
at the police station he was told that an administrative
fee of $30.00 is required upon completion of any custodial
arrest/booking procedure. He paid the $30 on the spot, posted
bond, and was forthwith released, without being ... More
   $0 (07-21-2014 - IL)

William L. Keller v. Commissioner of Social Security

Following a successful claim for Social Security disability benefits, Appellant William Keller filed a motion asking the court to approve the contingency fee arrangement he agreed to with his lawyer. The magistrate judge who handled the motion determined that a fee in the amount of $11,876.65 was reasonable pursuant to 42 U.S.C. § 406(b)(1), and Keller appealed. For the reasons stated below, we a ... More   $0 (07-21-2014 - FL)

Maria Lorena Hernandez v. Forba Holdings, LLC, et al.

1. Plaintiff is the Guardian Ad Litem of Aaliyah Esparza, a minor.
2. Defendant FORBA Holdings, LLC, was a limited liability corporation organized under the laws of the State of Delaware, with its principle place of business in Colorado, and was registered and authorized to do business within the State of Oklahoma.
3. Defendant FORBA Holdings, LLC owned, operated, developed, managed and su ... More
   $0 (07-21-2014 - OK)

Len Rao v. The American Arbitration Association

Len Rao appeals the trial court’s granting of a plea to the jurisdiction filed by the
American Arbitration Association. In two points of error, Rao argues the trial court erred in
granting AAA’s plea to the jurisdiction because (1) the arbitral immunity doctrine does not apply
to AAA’s actions and (2) AAA does not have jurisdiction to arbitrate the alleged arbitration
clause. ... More
   $0 (07-21-2014 - TX)

Cellular Sales of Knoxville Inc. v. Martin E. McGonagle

Appellee Martin E. McGonagle as landlord and appellant Cellular Sales of Knoxville, Inc. as tenant were parties to a commercial lease. A jury found that McGonagle “fail[ed] to comply with the Lease Agreement by failing to make access to the premises leased by Cellular Sales ADA compliant” and awarded Cellular Sales $30,242 in damages. The jury also found that the amount of reasonable attorney ... More   $0 (07-21-2014 - TX)

Richard Myers v. Hall Columbus Lender, LLC

Appellee Hall Columbus Lender, LLC (Lender) sued appellant Richard Myers for
breaching contracts in which Myers promised to defend Lender against certain claims. In
response to Lender’s motion for summary judgment, Myers argued as a matter of contract
interpretation that he was not in breach because his duty to defend had not been triggered. The
trial judge granted a partial summ ... More
   $0 (07-21-2014 - TX)

Cynthia Robinson v. R.J. Reynolds Tobacco Compamy

Pensacola, FL - Cynthia Robinson, individually and on behalf of the Estate of Michael Johnson, Sr. sued R.J. Reynolds Tobacco Company on a products liability theory claiming that her husband was addicted to tobacco products manufactured and sold by the Defendant. She claimed that the cigarettes that her husband smoked were defective and unreasonably dangerous.

R.J. Reynolds denied that i ... More
   $23,600,000,000 (07-20-2014 - FL)

In the Matter of the Marriage of Kriss Camp and Belinda Camp

Appellant Kriss Camp, an indigent inmate appearing pro se, appeals the judgment of the trial court declaring his marriage to appellee Belinda Camp, n/k/a Belinda Ingram, void. We will affirm the judgment of the trial court.
Background
This is the second appeal of litigation concerning the relationship of Camp and Ingram. In 2011, in Camp’s absence, the trial court rendered a divorce decr ... More
   $0 (07-18-2014 - TX)

United States of America v. Terry Glenn Sillers, et al.

HOUSTON, TX – Two Aryan Brotherhood of Texas (ABT) gang members have pleaded guilty to racketeering charges related to their membership in the ABT’s criminal enterprise.

U.S. Attorney Kenneth Magidson and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division made the announcement.

Kenneth Michael Hancock, of Dallas, pleaded guilty today ... More
   $0 (07-18-2014 - TX)

United States of America v. Estela Martinez

DALLAS, Texas — A Dallas woman, Estela Martinez, 54, was sentenced today to 12 months and one day in federal prison following her guilty plea in August 2013 to one count of making a false statement, under penalty of perjury, related to bankruptcy filings. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas, whose office has been placing increased emphasis on investigating and prose ... More   $0 (07-18-2014 - TX)

Commonwealth of Pennsylvania v. Tamar S. Neal

Media, PA - The Commonwealth of Pennsylvania charged Tamar Neal, age 20, with two counts of involuntary deviate sexual assault, two counts of aggravated indecent assault and one count of corruption of a minor of a 14-year-old boy in October 2012 while sleeping at this father's house in Chester.

The Delawre Court Court of Common Pleas, Court Summary is set forth below:

Neal, Tamar ... More
   $0 (07-18-2014 - PA)

State of Texas v. Harold Lewis, III

Houston, TX - The State of Texas charged Harold Lewis, III, age 23, with capital murder for the shooting death of Bellaire police officer Jimmie Norman and the shooting of innocent bystander Terry Taylor during a traffic stop on Christmas Eve 2012. Lewis' led police on a high speed chase before being stopped. Lewis had an outstanding warrant for marijuana possession and his .380 caliber was stole ... More   $0 (07-18-2014 - TX)

State of Louisiana v. Michael Dabney

New Orleans, LA - The State of Louisiana charged Michael Dabney, age 34, with first-degree attempted murder and possession of a firearm in conjunction with they shooting of New Orleans Police Department office Troy Pichon on October28, 2013. Dabney shot Pichon after he and his partner attempted to pull over a vehicle in which Dabney was riding. ... More   $0 (07-18-2014 - LA)

Phillip Linza v. PHH Mortgages Services

Phillip Linza sued PHH Mortgages Services on breach of contract and negligence theories claiming that Defendant's refusal to accept mortgage payments tendered by him after agreeing to modify the mortgage on his house and then instituting a foreclosure action against him. ... More   $16,000,000 (07-18-2014 - CA)

In the Matter of A.J.R.P.

A.J.R.P., a juvenile, appeals an order of adjudication and disposition in which A.J.R.P. was found to have engaged in delinquent conduct and was committed to the Texas Juvenile Justice Department. A.J.R.P. was charged with aggravated robbery and, in one issue on appeal, contends the evidence is legally insufficient to support the jury’s verdict. We affirm.
BACKGROUND
T.S., a high school ... More
   $0 (07-18-2014 - TX)

B. L. M. v. J. H. M., III

B.L.M. (Beth) appeals the termination of her parental rights to P.M. and B.M., her
two daughters with J.H.M., III (Jack).1 After a two-day bench trial, the trial court found that Beth
had endangered her children and that termination of her parental rights was in their best interest. See
Tex. Fam. Code §§ 161.001(1)(D)-(E), (2) (termination of parental rights). On appeal, Beth
con ... More
   $0 (07-18-2014 - TX)

Edwin K. Lang v. Texas Department of Public Safety and Steven C. McCraw, Director of Texas Dept. of Public Safety

This is an administrative appeal from an order of the Texas Public Safety
Commission (the Commission) affirming the discharge of Edwin Keith Lang from his job
as a highway patrolman for the Department of Public Safety of the State of Texas (DPS). The
Commission issued its order after hearing evidence that Lang had falsely documented DWI arrests
he had never made, generated fictitio ... More
   $0 (07-18-2014 - )

Kalsoom Ahmad v. Ishfaq Ahmad

Appellant Kalsoom Ahmad appeals from the trial court’s final divorce decree. In a single issue, Kalsoom complains that the trial court abused its discretion in its division of the parties’ marital estate. We affirm.
1See Tex. R. App. P. 47.4.
2
Background
Kalsoom and Appellee Ishfaq Ahmad were married in Pakistan in 1987. The parties were married for twenty-six years and had tw ... More
   $0 (07-18-2014 - TX)

Debra A. Peterson v. Myron G. Peterson

This is an appeal out of Canyon County from an appellate judgment of the district court reversing the order of the magistrate court which granted a motion to renew a judgment for child support. We reverse the district court’s holding that the motion to renew the judgment was barred by the statute of limitations.
I.
Factual Background.
2
On October 3, 1985, a decree of divorce was ... More
   $0 (07-18-2014 - ID)

Mark Bernhard v. City of Aransas Pass, Texas

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
2
C.S.); and (3) the duty owed to him b ... More
   $0 (07-17-2014 - TX)

Christus Spohn Health System v. Minerva Lopez

Appellant, Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi—Shoreline (“Spohn”), appeals from the trial court’s denial of its motion to dismiss a health care liability claim filed by appellee, Minerva Lopez, individually as wrongful death beneficiary of Humberto Lopez, deceased, on behalf of the estate of Humberto Lopez, deceased, and on behalf of all w ... More   $0 (07-17-2014 - TX)

In the interest of K.L.C., L.M.C., P.D.C., and T.A.C., children

This is an appeal from an order terminating the parental rights of the parents of K.L.C., L.M.C., P.D.C., and T.A.C. The children’s mother and P.D.C.’s father each filed a notice of appeal.1 We affirm.
I. Issues
P.D.C.’s father presents five issues for review. The mother presents six points of error for review. In all five of his issues, the father challenges the legal
1The fathe ... More
   $0 (07-17-2014 - TX)

In the interest of M.C.M., a child

Appellant, Ryan Chase Mohler, appeals an order in which the trial court modified the parent-child relationship in relation to his son, M.C.M. He contends that the trial court abused its discretion when it imposed a geographical restriction on his right to determine the child’s primary residence and that it erred when it entered an order that contained a different restriction from the court’s o ... More   $0 (07-17-2014 - TX)

Pamela Lou Burden v. Steven Bradley Burden

Pamela Lou Burden, the ex-wife of Steven Bradley Burden, appeals her eviction from his Delta County house, by claiming common-law marriage, denial of a fair trial, and a continued right to possession during this appeal due to indigence. We affirm the eviction, because (1) Pamela is not entitled to stay in possession during this appeal, (2) the lack of a common-law marriage has been established, an ... More   $0 (07-17-2014 - TX)

United States of America v. Charles Hattenbach and Kathryn Hubbert

Waco, TX - Two individuals await sentencing after pleading guilty to federal charges in connection with a postal theft scheme involving more than 50,000 pieces of mail and over $500,000 in other U.S. Government property from U.S. Post Offices in approximately 80 cities and towns across Texas announced U.S. Attorney Robert Pitman and U.S. Postal Inspection Service (USPIS) Inspector in Charge Robert ... More   $0 (07-17-2014 - TX)

In the Interest of C.T. and R.T.

In this appeal, S.T. argues that the trial court abused its discretion by ordering him to pay child support in the amount of $220 per month for the support
1See Tex. R. App. P. 47.4.
2
of his two children, C.T. and R.T. (the children). Finding no abuse of discretion, we affirm the trial court’s order.2
This case arose from a suit affecting the parent-child relationship filed by t ... More
   $0 (07-17-2014 - )

Ricardo Estrada v. The State of Texas

Appellant, Ricardo Estrada, pleaded guilty to a jury to three counts of the felony offense of aggravated sexual assault of a child. See TEX. PENAL CODE ANN. § 22.021(a)(1)(B) (West 2011). The jury assessed punishment and, in accordance with the jury’s assessment, the trial court sentenced appellant as follows: (1) for
2
count one, appellant was sentenced to10 years’ imprisonment with ... More
   $0 (07-17-2014 - TX)

In the Interest of J.D., a Minor Child

John Henry Dupree’s failure to obey a court order requiring him to make child support payments and to provide medical support for J.D. resulted in Dupree being placed on community supervision. Because Dupree thereafter continued missing these payments, the trial court revoked his community supervision and ordered him committed to the Cass County jail for 180 days.1 On appeal, Dupree attacks the ... More   $0 (07-16-2014 - TX)

The Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga ... More   $0 (07-16-2014 - TX)

United States of America v. Lawrence Hart

DALLAS, TX — Lawrence Hart, 37, was sentenced by U.S District Judge David C. Godbey to serve 15 months in federal prison and ordered to pay $8,619 in restitution following his guilty plea in April 2014 to felony and misdemeanor offenses stemming from his role as a caseworker for an outreach program managed by the City of Dallas’s Housing Department. Hart must surrender to the Bureau of Prisons ... More   $0 (07-16-2014 - TX)

United States of America v. Nicole M. Graziano

CHICAGO, IL — A former clerk for a lean hogs futures trader was sentenced today to eight months in prison after being convicted in March of commodities fraud for manipulating trades to profit more than $200,000 for herself to the detriment of public customers.

The defendant, NICOLE M. GRAZIANO, 33, of Addison and formerly of Roselle, was also ordered to pay $212,000 in restitution to va ... More
   $0 (07-16-2014 - OK)

Kevin Jarman v. City of New York

New York, NY - Kevin Jarman, age 50, sued City of New York on a governmental tort claim theory claiming to have suffered a broken ankle during an arrest for shoplifting. Jarman pled guilty to the shoplifting charge.

Jarman claimed that 5-foot-5 Sgt. Samuel Morales approached him inside Pathmark after a store clerk reported a theft. The suit said the cop was intimidated by the 6-foot-2 Jar ... More
   $510,000 (07-16-2014 - NY)

State of Louisiana v. John Spellman

New Orleans, LA - The State of Louisiana charged John Spellman, age 64, with first-degree vehicular negligent injury and unauthorized use of a motor vehicle for a May, 2010 incident in which the vehicle that he was driving was involved in a car wreck at Carrolton and Baudin in New Orleans.

See the Court's docket entries for this case:

06/30/2011 ... More
   $0 (07-16-2014 - LA)

State of Louisiana v. Zachariah Lewis

New Orleans, LA - The State of Louisiana charged Zachariah Lewis, age 39, with possession of cocaine after being arrested with nine pieces of crack cocaine in a bag during an Algiers Point traffic stope in May of 2013.

Louisiana Revised Statute 40:967 provides:

§967. Prohibited acts--Schedule II, penalties

A. Manufacture; distribution. Except as authorized by this Pa ... More
   $0 (07-16-2014 - LA)

PMSALS 1 LLC v. American Opportunity for Housing Perrin Oaks LLC; American Opportunity for Housing Inc, David Starr, Fidelity National Title Insurance Company

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC”), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
BACKGROUND
AOH LLC is the maker of a $2,500,000 promissory note which was ... More
   $0 (07-16-2014 - TX)

In the Estate of Aminta Perez-Muzza, Deceased

Veronica Peña appeals the trial court’s dismissal of her lawsuit contesting the will of Aminta Perez-Muzza. The trial court dismissed the contest: (1) because Veronica lacked standing to contest the will; and (2) to sanction Veronica for false statements she filed with the trial court and this court. Because we conclude that neither ground warranted dismissal, we reverse the judgment of the tri ... More   $0 (07-16-2014 - TX)

5F, LLC v. Robert Dresing

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
- 2 -
court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the ... More
   $0 (07-16-2014 - FL)

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