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Recent Verdicts and Judgments
Walter Lashley v. Pfizer, Inc.and Maria Del Valle v. Teva Pharmaceuticals, Inc.

These appeals arise out of claims against both generic and brand-name manufacturers for injuries related to use of the drug metoclopramide (brandname Reglan). Because the pertinent facts and legal issues of these cases are nearly identical, we consolidate them for disposition.

In case No. 12-60861, Lashley v. Pfizer, et al., Appellant Walter Lashley (“Lashley”) appeals the Southern Dist ... More
   $0 (04-17-2014 - )

State of Oklahoma v. Stacy Lea Garcia a/k/a Stacy Mauck

Tulsa, OK - State of Oklahoma v. Stacy Lea Garcia a/k/a Stacy Mauck

Count # 1.
Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902 A 2
Date Of Offense: 08/30/2012

Party Name: Disposition Information:

GARCIA, STACY LEA
(After Prior Convictions)
Disposed: DEFERRED, 04/03/2013. Guilty Plea.
Count ... More
   $0 (04-17-2014 - OK)

United States of America v. James S. Curtis

James Curtis was indicted on one count of possession of a firearm after having been committed to a mental institution, in violation of 18 U.S.C. § 922(g)(4). Curtis was found incompetent to stand trial, and he objected to treatment with antipsychotic medication to restore him to competency. The district court ordered that Curtis be involuntarily medicated. We conclude that the case must be remand ... More   $0 (04-16-2014 - AR)

United States of America v. Kevin D. Todd

Pursuant to a binding plea agreement, Todd pleaded guilty to sexual exploitation of a minor, in violation of 18 U.S.C. § 2251(a). The district court determined that, based on a total offense level of 39 and a criminal history category of II, Todd’s guidelines range of imprisonment was 292 to 360 months. Under the terms of the plea agreement, Todd was to receive a prison sentence of 240 to 300 m ... More   $0 (04-16-2014 - OH)

Carolyn Foster v. Country Fresh, L.L.C.

Plaintiff Carolyn Foster appeals the district court=s grant of summary judgment to defendant Country Fresh, LLC, on Michigan state law claims of gender and disability discrimination alleged in a complaint she filed after she was terminated from her job as a truck driver for Country Fresh. The company claimed that it fired Foster because she violated company policy when she abandoned her truck on t ... More   $0 (04-16-2014 - MI)

Company Doe v. Public Citizen

This appeal presents numerous issues relating to transparency in federal courts and the public’s constitutional and common-law rights of access to judicial records and documents. The plaintiff in the underlying proceedings, known to the public only as “Company Doe,” filed suit under the Administrative Procedure Act to enjoin the United States Consumer Product Safety Commission (the Commissio ... More   $0 (04-16-2014 - )

United States of America v. Leonard J. Allen

23 Defendant‐Appellant Leonard J. Allen appeals from a
24 judgment of conviction in the United States District Court for the
25 Northern District of New York (Mordue, J.), following his plea of
26 guilty to charges of transporting, receiving, and possessing child
27 pornography in violation of 18 U.S.C. § 2252A(a)(1), (a)(2)(A) and
28 (a)(5)(B). In sentencing Allen, the cour ... More
   $0 (04-16-2014 - NY)

Albert Davidson v. Elin Howe

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough ... More   $0 (04-16-2014 - MA)

Tyreese Hall v. Gary Beckstrom

Tyreese Hall and his uncle beat a homeless man so
viciously that the man fell into a coma and died 53 days later. As a result, Hall and his uncle were
jointly tried and convicted of murder, first-degree robbery, and first-degree sodomy. After the
Kentucky Supreme Court denied Hall’s direct appeal, he filed a petition for a writ of habeas corpus
in the Western District of Kentucky ... More
   $0 (04-15-2014 - KY)

United States of America v. Bennie Overton

Defendant-Appellant, Bennie Overton, appeals his conviction and sentence for one count of carjacking, 18 U.S.C. § 2119, one count of using, carrying, or brandishing a firearm in furtherance of a crime of violence, 18 U.S.C. § 924(c), and one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g). On appeal, Overton contends that the district court (1) deprived him of his right to ... More   $0 (04-15-2014 - OH)

United States of America v. Felix Daniel

A jury found defendant-appellant Felix Daniel (“Daniel”) guilty of one count of wire fraud in violation of 18 U.S.C. § 1343, and three counts of mail fraud in violation of 18 U.S.C. § 1341. Daniel filed post-trial motions seeking: (1) a new trial based on the district court’s refusal to instruct the jury that there must be specific unanimity on at least one false representation, and (2) ju ... More   $0 (04-15-2014 - IL)

United States of America v. Christopher Cello Smith

Michael D. Smith and Christopher Cello Smith are brothers who operated Target Oil and Gas Corporation (Target Oil), a company that engaged in speculative resource drilling in Kentucky, Tennessee, Texas, and West Virginia. While serving as President of Target Oil and a related company named Kentucky-Indiana Oil and Gas Corporation (Kentucky-Indiana), Michael Smith ran Target Oil’s day-to-day oper ... More   $0 (04-15-2014 - KY)

United States of America v. Michael Kilgore

Defendant Michael Kilgore appeals his sentence of 70 months for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 924(a)(2). Defendant was performing community service at a police station in South Pittsburg, Tennessee, when he stole two unloaded firearms from an evidence room and took them home.

He does not contest a two-level enhancement under ... More
   $0 (04-15-2014 - TN)

Carl E. Woodward, L.L.C. v. Acceptance Indemnity Insurance Company

Carl E. Woodward, LLC has filed a petition asking for panel rehearing of the court’s decision in Carl E. Woodward, L.L.C. v. Acceptance Indem. Ins. Co., 743 F.3d 91 (5th Cir. 2014). The petition is DENIED.

Woodward challenges the panel’s conclusion that the claims alleged against it in a “complaint” (actually, cross-claims by a co-defendant), taken together with the damages identifi ... More
   $0 (04-15-2014 - MS)

United States of America v. Victor Garcia-Carrillo

Victor Garcia-Carrillo pled guilty to re-entering the United States illegally and was sentenced to 89 months of imprisonment. The Government declined to move in the district court for a one-level reduction for acceptance of responsibility under United States Sentencing Guidelines Manual (U.S.S.G.) § 3E1.1(b) because Garcia-Carrillo refused to waive his right to appeal. After sentencing, and while ... More   $0 (04-15-2014 - TX)

United States of America v. Charles Leonard Galloway a/k/a Len

Charles Galloway was convicted in Baltimore, Maryland, of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). The district court sentenced Galloway to 292 months’ imprisonment, and Galloway filed this appeal, raising several issues with respect to his conviction. We affirm.

I

In connection ... More
   $0 (04-15-2014 - MD)

Matthew Isabella v. Michael W. Koubek

26 This case arises from a car accident in New York. Roberta Oldenborg,
27 driving a car owned by her husband, Michael Koubek, collided with a vehicle
28 driven by Doris Hallock and owned by her husband, Peter Hallock. Koubek
29 appealed from the decision of the United States District Court for the Northern
30 District of New York (Sharpe, C.J.) denying in relevant part his motion ... More
   $0 (04-15-2014 - NY)

United States of America v. Philip Adra Grigsby, a/k/a philag62@yahoo.com, a/k/a mufdvr62@yahoo.com, a/k/a imacumgobbler@yahoo.com,

Defendant Philip Grigsby says his 260-year sentence imposed pursuant to the child pornography production guideline, U.S.S.G. § 2G2.1, is procedurally and substantively unreasonable because the guideline is “defective.” According to Defendant, the production guideline routinely generates offense levels that result in a recommended guideline sentence in excess of the statutory maximum, and fail ... More   $0 (04-15-2014 - KS)

United States of America v. Carl Ernesto Romero

Defendant Carl Romero was convicted by a jury of assaulting and killing Naayaitch Friday. He challenges the district court’s refusal to suppress evidence found after searches of the car he drove and his bedroom. We hold that the search warrant for the car was supported by probable cause and that investigating officers properly relied on his stepfather’s consent to search his bedroom. Exercisin ... More   $0 (04-15-2014 - NM)

C.W. Mining Company v. Bank of Utah

The Chapter 7 Trustee in this matter (the “Trustee”) filed a complaint with the bankruptcy court seeking to recover a post-petition transfer to the Bank of Utah (the “Bank”). The bankruptcy court granted summary judgment in favor of the Bank, concluding the Bank was a fully secured creditor and, thus, the transfer caused no damage to the Estate. After the Bankruptcy Appellate Panel (“BAP ... More   $0 (04-15-2014 - UT)

Teresa Prewett v. Stanley Weems

Stanley Weems pleaded guilty to one count of producing child pornography. See 18 U.S.C. § 2251(a). His victim, J.W., filed this civil action against Weems to obtain compensation for the abuse. See id. § 2255(a). The district court awarded $1 million, a figure reached by multiplying the presumed-damages floor in the civil-remedies statute


No. 12-6489 Prewett et al. v. Weems Page 2
< ... More
   $0 (04-15-2014 - TN)

Joseph Antonio v. SSA Security, Inc. d/b/a Security Services of America

This case arises out of one of the largest residential arsons in Maryland history. See Michael E. Ruane & Joshua Partlow, No Motive Found in Charles Arsons; Eco-Terrorism, Racism Considered, Wash. Post, Dec. 8, 2004, at B1. Appellants (Homebuyers) contracted to purchase homes that were later damaged or destroyed due to the arsons. Following the arsons, the Homebuyers brought suit against a company ... More   $0 (04-15-2014 - MD)

State of Oklahoma v. Jazmin Williams, a/k/a Jazmin Summers and Mica Shoate

The State of Oklahoma charged Jazmin Williams, a/k/a Jazmin Summers and Mica Shoate with:

Count # 1.
Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7
Date Of Offense: 03/24/2012

Jazmin Williams

Count # 2.
Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7
Date Of Offense: 03/24/2012

Mica Shoate
More
   $0 (04-15-2014 - OK)

United States of America v. Joseph Vincent White

Joseph Vincent White appeals the denial of his motion to suppress evidence of his unlawful possession of two firearms. Because we conclude the District Court erred in its legal analysis, we vacate its order and remand for further proceedings.

I

A

1This appeal does not involve any challenge to the District Court’s findings of fact.

In the early morning of April 12, 201 ... More
   $0 (04-14-2014 - PA)

Catherine Conrad v. AM Community Credit Union

Catherine Conrad, the plaintiff, is a self‐employed singing and dancing entertainer (also a writer and motivational speaker, see “Bananaland,” www. bananalady.com/about.htm, visited on April 10, 2014, as were the other websites cited in this opinion). She calls herself the “Banana Lady” and performs wearing a costume in the shape of a giant banana. You can watch her dancing the “Banana ... More   $0 (04-14-2014 - WI)

United States of America v. Sergio Velazquez

We consider whether the right to a speedy trial guaranteed in the Sixth Amendment is violated when, after an initial effort to apprehend the defendant, the government’s effort for nearly five years consists only of running the defendant’s name a handful of times through the National Crime Information Center (“NCIC”) database, despite other available leads. Although the authorities in this ... More   $0 (04-14-2014 - )

United States of America v. Joseph Vincent White

Joseph Vincent White appeals the denial of his motion to suppress evidence of his unlawful possession of two firearms. Because we conclude the District Court erred in its legal analysis, we vacate its order and remand for further proceedings.

I A

1This appeal does not involve any challenge to the District Court’s findings of fact.

In the early morning of April 12, 2012, Penn ... More
   $0 (04-14-2014 - PA)

Beneficial Mortgage v. Sarni Dickerson

Beneficial Mortgage sued Sarni Dickerson on a foreclosure theory claiming that Dickerson failed to pay sums due on a note secured by a mortgage.

Dickerson counterclaimed on breach of contract and negligence misrepresentation theories claiming that a Beneficial branch manager demanded that she pay $23,000 that was not due on the note. She made the payment but demand was then made that she ... More
   $0 (04-12-2014 - OH)

United States of America v. Vathany Teng and Lina Ma

DALLAS — Plano, Texas, residents, Vathany Teng, 43, and Lina Ma, 55, were sentenced yesterday for their role in a loan fraud scheme they ran from August 2007 to April 2008 that resulted in the total funding of more than $3 million in fraudulent loans, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

U.S. District Judge David C. Godbey sentenced Teng to 27 month ... More
   $0 (04-12-2014 - TX)

Tina Cosey v. Aurora Medical Center

Tina Gosey worked as a chef’s assistant at Aurora Medical Center in Kenosha, Wisconsin. Believing that

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P. 34(a)(2)(C).

2 No. 13-3375

management harassed, refused to promote, and eventually fired her bec ... More
   $0 (04-11-2014 - WI)

Tina Cosey v. Aurora Medical Center

Tina Gosey worked as a chef’s assistant at Aurora Medical Center in Kenosha, Wisconsin. Believing that

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P. 34(a)(2)(C).

2 No. 13-3375

management harassed, refused to promote, and eventually fired her bec ... More
   $0 (04-11-2014 - WI)

Christopher M. Comins v. Matthew Frederick Vanvoorhis

In this defamation case, Christopher Comins [“Comins”], appeals a trial court order entering partial final judgment in favor of Appellee/Cross-Appellant, Matthew VanVoorhis [“VanVoorhis”], for Comins’s failure to comply with the presuit notice

2

requirement of section 770.01, Florida Statutes (2008). Comins argues that the trial court erred because VanVoorhis is not a “me ... More
   $0 (04-11-2014 - FL)

United States of America v. Carl Osborne

White Plains, NY - Preet Bharara, the United States Attorney for the Southern District of New York, and Terence S. Opiola, the Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Professional Responsibility (OPR) Northeast, announced today that CARL OSBORNE pled guilty to five counts of impersonating a federal officer in order to detain others. OSBORNE pled guilty in ... More   $0 (04-11-2014 - NY)

Leydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More
   $0 (04-11-2014 - fl)

United States of America v. Michael Ali Bryant, Sr. and Latina Rashawn Bryant

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Michael Ali Bryant, Sr., 41, and his wife, Latina Rashawn Bryant, 43, both of Lauderdale ... More   $0 (04-11-2014 - FL)

United States of America v. Walter Lewis Sherman

A Bethalto, IL man was sentenced in federal district court on April 11, 2014, for Production of Child Pornography, the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. Walter Lewis Sherman, 47, was sentenced to 25 years in federal prison, to be followed by a lifetime term of supervised release. Sherman pled guilty to the charges on December 4, 20 ... More   $0 (04-11-2014 - IL)

State of Indiana v. Stephen Perry

The State of Indiana charged Stephen Perry, age 27, with conspiracy to kill his wife. The State alleged that Perry attempt to recruit another man to kill his wife, but, instead of jointing the conspiracy, the co-worker records statements by Perry and gave them to Perry's wife. ... More   $0 (04-11-2014 - IN)

Lenore Drescher v. Mark P. Gross

With the dissolution of their marriage in 2001, Lenore Drescher and Mark Gross executed a marital settlement agreement wherein they stipulated to equally pay for the future college expenses of their three minor children. The agreement was incorporated into the judgment of dissolution and child support and spousal support were ordered as set forth in the agreement.

Eleven years later their d ... More
   $0 (04-11-2014 - CA)

The People v. Fred Edward Archuleta

A jury found defendant Fred Edward Archuleta guilty as charged of possessing a controlled substance, methamphetamine, and active gang participation. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, § 186.22, subd. (a).)1 Defendant was arrested on December 5, 2008, after law enforcement officers found him in his garage in possession of methamphetamine and in the company of a gang member who ad ... More   $0 (04-11-2014 - CA)

In The Interest of Z.C., a child

Appellant, J.C.C.E., appeals from the trial court’s order terminating his parental rights to his son, Z.C., (hereinafter “the child”) and appointing Appellee, the Texas Department of Family and Protective Services, sole permanent managing conservator.1 By a single issue, he contends the evidence is insufficient to support the trial court’s finding that termination is in the child’s best ... More   $0 (04-11-2014 - TX)

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