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Recent Verdicts and Judgements
United States of America v. Marc T. Duchesne

Houston, TX - United Kingdom Man Sentenced to Prison For Two Separate Fraud Conspiracies

Marc T. Duchesne, 53, of London, was sentenced today to 97 months in federal prison on federal charges stemming from separate schemes involving financial fraud in Texas and the District of Columbia, announced Kenneth Magidson, U.S. Attorney for the Southern District of Texas, and Vincent H. Cohen Jr., ... More
   $0 (07-31-2015 - TX)

Preston Handy v. Ned Siegfried and Mitchell Jensen

Salt Lake City, UT - Preston Handy sued Ned Siegfried and Mitchell Jensen on breach contract, breach of fiduciary duty and fraud theories claiming that his former law partners made excessive payments to themselves in violation of a stock purchase agreement.

Defendants denied wrongdoing. ... More
   $6,000,000 (07-31-2015 - UT)

United States of America v. Ryan Tomazin

New York, NY - Founder And Managing Partner Of R2 Capital Group LLC Pleads Guilty In Connection With Commodities Investment Scheme

Rayan Tomazin, the founder and managing partner of R2 Capital Group LLC (“R2 Capital”), pled guilty in Manhattan federal court to a two-count Indictment charging him with defrauding investors and misappropriating investment funds. TOMAZIN and other principals ... More
   $0 (07-31-2015 - NY)

United States of America v. Crystal Deann Airington

Muskogee, OK - Durant Woman Pleads Guilty To Theft By Officer Or Employee Of Gaming Establishment On Indian Lands

Crystal Deann Airington, 40, of Durant, Oklahoma, pled guilty to THEFT BY OFFICERS OR EMPLOYEES OF GAMING ESTABLISHMENT ON INDIAN LANDS, in violation of Title 18, United States Code, Sections 1168(b) and 2, punishable by not more than 20 years imprisonment, up to a $1,000,000. ... More
   $0 (07-31-2015 - OK)

Landmark American Insurance Company v. VO Remarketing Corp.

Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist ... More
   $0 (07-30-2015 - CO)

Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio ... More
   $0 (07-30-2015 - OK)

United States of America v. Tracey Richard Moore

Oklahoma City, OK - Tenth Circuit affirms denial of defendant's motion to suppress

Defendant Tracey Richard Moore appeals the district court’s denial of his motion
to suppress evidence obtained during a search of his vehicle following a traffic stop.
After Moore was pulled over for speeding and issued a warning, an Oklahoma Highway
Patrol trooper continued to detain Moore in o ... More
   $0 (07-30-2015 - OK)

United States of America v. Paula Kluding

Oklahoma City, OK - Hospice Company Owner Sentenced to Serve Three Years in Prison and Pay Over $2.5 Million in Restitution for Medicare Fraud

Paula Kluding, 39, from Chandler, Oklahoma, the owner of Prairie View Hospice, Inc., an Oklahoma corporation located in Chandler, was sentenced by United States District Judge Robin Cauthron to serve three years in prison for committing Medicare fr ... More
   $0 (07-30-2015 - OK)

DARA HEM v.TOYOTA MOTOR CORP., et al.

In March 2007, Hem brought suit in a Texas federal court after he was
9 seriously injured in an accident. Hem was traveling through northern New Mexico
10 when his Toyota truck separated from the U-Haul trailer it was towing, causing the
11 truck to roll over several times. After treating Hem for his injuries, UNMH recorded
12 a hospital lien for Hem’s outstanding medical bills. T ... More
   $0 (07-30-2015 - NM)

Regional School Unit No. 5 v. The Coastal Education Association

The essential facts are not in dispute. In 2009, three Maine school
districts—Freeport, Pownal, and Durham—merged to form RSU No. 5. In
May 2012, the Association and the Board of Directors of RSU No. 5 (the Board)
executed a collective bargaining agreement that would take effect for the
2012-2013 academic year. Before the agreement was negotiated, Freeport
teachers, unl ... More
   $0 (07-30-2015 - )

SHAUN ANDRIKOPOULOS and MICHAEL A. SANTER v. SILICON VALLEY INNOVATION COMPANY, LLC,

The main dispute between the parties is the narrow, but previously unanswered
legal question of whether, in the context of a receivership estate under Delaware law,
advancement claims are administrative expenses or unsecured creditor claims. If
Plaintiffs’ claims are entitled to some sort of priority, there is an even narrower sub-issue
of whether the Receiver’s salary and exp ... More
   $0 (07-30-2015 - )

Western Heritage Insurance Co. v. Fun Services of Kansas City

Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm. ... More
   $0 (07-30-2015 - MO)

Miroslaw Gortat v. Capala Brothers, Inc.

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and ... More
   $0 (07-30-2015 - )

Tamika Ataddlety v. Spaghetti Warehouse Restaurants and Frandeli Group, Inc.

Tulsa, OK - Tamika Ataddlety sued Spaghetti Warehouse Restaurants and Frandeli Group, Inc. on a negligence theory claiming:

1. Ataddlety is, and was at all relevant times, a resident of Tulsa County, State of Oklahoma. The facts giving rise to this cause of action occurred within the confines of Tulsa County, State of Oklahoma. At the time of this incident, Defendant Spaghetti Warehoi ope ... More
   $1 (07-30-2015 - OK)

Clinton Lee Young v. William Stephens

San Antonio, TX - Fifth Circuit affirms denial of certificate of appealability and motion to stay to death row inmate

Petitioner-Appellant Clinton Lee Young (“Young”) was convicted of two murders and sentenced to death. Young’s death sentence became final on April 3, 2006, when the Supreme Court denied his petition for a writ of certiorari. Young’s habeas petitions, however, continue to b ... More
   $0 (07-29-2015 - TX)

Patricio David Trejo v. Ryman Hospitality Properties, Inc.

Baltimore, MD - Fourth Circuit holds that FSLA applies only to minium or overtime wages and not to tips

Mohammad Sazzad and Anthony Gomes (the Plaintiffs)1 brought this action against their employers, Ryman Hospitality Properties Inc., and Marriott International, Inc. (the Defendants), alleging violations of the tip-credit provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203( ... More
   $0 (07-29-2015 - MD)

Thomas R. Mason v. Telefunken Semiconductors America, LLC

Concord, NH - First Circuit reverses district court's grant of summary judgment meaning of "termination" in employment contract

This case involves a series of
shifting employment arrangements. Plaintiff-appellant Thomas R.
Mason asserts that defendant-appellee TSI Semiconductors America,
LLC (TSA), formerly known as Telefunken Semiconductors America,
LLC, abridged his con ... More
   $0 (07-29-2015 - NH)

United States of America v. Terry Lynn Little, II

Albuquerque, NM - Tenth Circuit dismisses appeal from it fell within the scope of the appeal waiver contained in plea agreement

This matter is before the court on the government’s motion to dismiss
defendant Terry Lynn Little, II’s appeal because it falls within the scope of the
appeal waiver contained in his Plea Agreement. We grant the government’s motion
and dismiss the app ... More
   $0 (07-29-2015 - OK)

United States of America v. Nam Quoc Le a/k/a Jimmy Nam Quoc Le

Tulsa, OK - The Tenth Circuit Court of appeals affirmed in part and reversed in part an order of restitution on a Theft From Gaming Establishment on Indian Lands

Defendant Nam Quoc Le pleaded guilty to a single count of Theft From Gaming
Establishments on Indian Lands, in violation of 18 U.S.C. §1167, based on a cheating
scheme that ran from at least January 14, 2013, to February ... More
   $0 (07-29-2015 - OK)

Joseph E. Martinez v. The Plumbers & Pipefitters National Pension Plan

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More
   $0 (07-29-2015 - CO)

United States of America v. David Scott Fikani and Michael Cleo Ivy

Abilene, TX - Abilene Men Face Up to 20 Years in Federal Prison for Possessing Prepubescent Child Pornography

In unrelated cases, two Abilene, Texas, residents, David Scott Fikani, 61, and Michael Cleo Ivy, 36, each appeared today before U.S. Magistrate Judge E. Scott Frost and pleaded guilty to federal child pornography offenses involving prepubescent minors.

Fikani, who remains ... More
   $0 (07-29-2015 - TX)

Gregory N. James v. Mackey Price Thompson & Ostler

Salt Lake City, UT - Utah Supreme Court reverses district court's denial of claimed right to jury trial

This case arises out of a dispute over compensation paid to an attorney, Gregory Jones, by the law firm Mackey Price Thompson & Ostler (Mackey Price) for work Mr. Jones performed on several class-action contingency fee cases involving the weight-loss pill FenPhen. Mr. Jones worked on th ... More
   $0 (07-29-2015 - UT)

United States of America v. Ladestro Douglas, a/k/a “Derek Douglas”

Dallas, TX - Dallas Man Sentenced to 15 Years in Federal Prison for Sex Trafficking Teenage Runaways -
Defendant Must Also Pay One Victim $136,000 in Restitution

A Dallas man who pleaded guilty in February 2015 to sex trafficking a 17-year-old runaway was sentenced this morning, announced John Parker, U.S. Attorney for the Northern District of Texas.

Ladestro Douglas, a/k/a ... More
   $0 (07-29-2015 - TX)

State of New York v. Joyce E. Mitchell

Plattsburgh, NY - The State of New York charged Joyce C. Mitchell with aiding and abetting the escape form the Danamora prison of Richard W. Matt and David Sweat. Defendant worked in the prison workshop and developed an inappropriate relationship with one of the and began smuggling tools into the prison which the prisoners used to dig their way out of the prison. ... More   $0 (07-29-2015 - NY)

Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia ... More
   $0 (07-29-2015 - FL)

State v. Desiree B. Eliasen

On October 7, 2008, Eliasen was charged with one count of second degree stalking under Idaho Code section 18-7906. The victim was a Pocatello police officer’s wife. On Friday, September 26, 2008, the victim left her home with her three-year-old daughter to run errands, including dropping off a donation at the Pocatello Goodwill store and stopping at Fred Meyer. As the victim pulled out of her driv ... More   $0 (07-29-2015 - ID)

ELIZABETH STENZ v. ICA et al

In 2005, Charles Stenz suffered an on-the-job injury for which he filed a claim with his employer’s insurance carrier, Pinnacle Risk Management. Pinnacle accepted the claim and paid the benefits. In 2009, Stenz died. Alleging that his death resulted partly from the 2005 injury, Stenz’s widow filed a claim for death benefits under A.R.S. § 23-1061(A). The claim was filed with the Industrial Com ... More   $0 (07-29-2015 - )

United States of America v. Gholamreza “Reza” Tadaiyon

Kansas City, MO - Florida Man Sentenced for Trafficking in over $4 Million of Contraband Cigarettes

A Florida man has been sentenced in federal court for his role in a multi-million dollar, multi-state conspiracy to transport hundreds of thousands of cartons of contraband cigarettes from the Kansas City, Mo., area to the state of New York, where they were sold primarily on Indian reservat ... More
   $0 (07-29-2015 - )

United States of America v. Frank Collins and Tracy Davis

JEFFERSON CITY, Mo. – Two Jefferson City, Missouri Men Sentenced for Heroin Conspiracy

Two Jefferson City, Mo., men were sentenced in federal court for their roles in a conspiracy to distribute heroin.
Frank Collins, 45, and Tracy Davis, 47, both of Jefferson City, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes. Collins was sentenced to 18 years and f ... More
   $0 (07-29-2015 - MO)

United States of America v. Sean Bond

Springfield, MO - Republic, Missouri Man Sentenced for Distributing Tons of Marijuana

A Republic, Mo., man was sentenced in federal court today for his role in a conspiracy that distributed thousands of pounds of marijuana in southwest Missouri. Sean Bond, 39, of Republic, Mo., was sentenced by U.S. District Judge Stephen R. Bough to 12 years in federal prison without parole.

On ... More
   $0 (07-29-2015 - MO)

United States of America v. Ebonyi Blakely

East St. Louis, IL - St. Ann Woman Pled Guilty In A Tax Scheme To Obtain “Free Money”

Ebonyi Blakely, 28, from St. Ann, Missouri, pled guilty to an indictment that charged her with conspiracy to obstruct or impair the Internal Revenue Service in the lawful assessment and collection of income taxes and distribution of tax refunds, the United States Attorney for the Southern District of Ill ... More
   $0 (07-29-2015 - IL)

United States of America v. Loletha Eckford

East St. Louis, IL - East St. Louis Woman Sentenced For Firearm Violation And Conspiracy To Obstruct Justice

A woman, convicted of Transfer of a Firearm to a Felon and Conspiracy to Obstruct Justice, was sentenced to 12 months and 1 day in federal prison on July 27, 2015. Loletha Eckford, 34, of East St. Louis, IL, had previously pled guilty to those offenses on April 2, 2015. Following ... More
   $0 (07-29-2015 - IL)

United States of America v. David Aaron Neblock

Springfield, IL - Kankakee Man to Serve Five Years in Prison for Marijuana Growing Operation, Filing False Tax Returns and Making False Statement to Bank

A Kankakee, Ill., man, has been ordered to serve five years in federal prison. U.S. District Judge Sue E. Myerscough sentenced David Aaron Neblock 38, on Friday, July 24, 2015. Following his release from prison, Neblock was ordered to r ... More
   $0 (07-29-2015 - IL)

United States of America v. Fabian C. Fleifel

Dallas, TX - Federal Jury Convicts Florida Man in Resort Timeshare Telemarketing Fraud Conspiracy that Victimized Persons Over Age 55

Following a nine-day jury trial before U.S. District Judge Sidney A. Fitzwater, a federal jury has found one of the ten conspirators in an estimated $10 million resort timeshare telemarketing fraud conspiracy that victimized at least 5000 individuals, many ... More
   $0 (07-28-2015 - TX)

Klotz v. Milbank,Tweed, Hadley & McCloy

Defendants Milbank, Tweed, Hadley & McCloy (Milbank) and Deborah Festa (Festa) appeal the trial court‘s order overruling their demurrer and denying their motion to strike the First Amended Complaint under Civil Code section 1714.10.1 Plaintiffs SageMill LLC (SageMill), Adam Klotz (Klotz) and Richard Spitz (Spitz) alleged that a former business associate of theirs, Stephen Bruce (Bruce), who was a ... More   $0 (07-28-2015 - )

United States of America v. Gregory McRae

New Orleans, LA - Fifth Circuit affirmed in part and reversed in part conviction of former New Orleans police office

In the aftermath of Hurricane Katrina, Henry Glover, a civilian, died after an encounter with a New Orleans police officer that left his severely wounded body in a car owned by William Tanner. After Glover died, another officer, Gregory McRae, with the corpse in the car, se ... More
   $0 (07-28-2015 - LA)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals ... More
   $16,260,332 (07-28-2015 - DE)

Jone Doe 2 v. President John W. Rosa

Charleston, SC - Fourth Circuit affirms dismissal of claim against President of The Citadel for failing to act on report of sexual abuse of two minor boys

The appellants in this consolidated appeal were the plaintiffs below, John Doe 2 and Mother Doe, on behalf of John Doe 2’s younger brother, Doe 3 (together, “the Does”).1 Beginning in 2005 and continuing through July or August 2007, Lou ... More
   $0 (07-28-2015 - SC)

Michael A. Katz v. Cellco Partnership d/b/a Verizon Wireless

New York, NY - Second Circuit force Verizon class action members to arbitration under FAA

In an effort to more efficiently manage their dockets, some district courts
in this Circuit will dismiss an action after having compelled arbitration pursuant
to a binding arbitration agreement between the parties. That is what happened
here. After the District Court (Briccetti, J.) found ... More
   $0 (07-28-2015 - NY)

Fernandes v. DAR Development Co.

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More
   $0 (07-28-2015 - )

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