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Recent Verdicts and Judgments
United States of America v. Annilet Dominguez

Miami, FL - An administrator of a Miami home health care company, Professional Medical Home Health LLC, was sentenced to serve 68 months in prison and ordered to pay $6,257,142 million in restitution today for her participation in a $6 million health care fraud scheme.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the ... More
   $0 (09-29-2014 - FL)

State of Oklahoma v. Dustin Lee Hinton and Robert Lee Newsom, Jr.

Tulsa, OK - Criminal defense lawyer Karla Rogers and the Public Defender's office represented the defendants who were charged with multiple counts of possession of forged notes or instruments and asserted the following:

That TIM HARRIS, the duly elected and qualified District Attorney for ... More
   $0 (09-29-2014 - OK)

Starr International Company, Inc. v. United States of America

Washington, D.C. - Starr International Company, Inc. sued the United States of America on a taking without just compensation under the Fifth Amendment claiming that the Government's bailout of AIG in 2008 was so punitive that it amounted a taking without just compensation of Starr's ownership interest in AIG. Starr seeks $40 billion in damages.

The Government asserted that AIG entered int ... More
   $0 (09-29-2014 - DC)

United States of America v. Jason Vitulano

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Paula Reid, Special Agent in Charge, United States Secret Service (USSS), Miami Field Office, and Ronald J. Verrochio, Inspector in Charge, United States Postal Inspection Service (USPIS), Miami Division, announce that Jason Vitulano, 39, of Boca Raton, pled guilty before U.S. District Judge Kenneth Marra t ... More   $0 (09-26-2014 - FL)

United States of America v. Israel Hechter

SAN DIEGO - Israel Hechter, the owner of San Diego-based mortgage investment firms Ocean 18, LLC, and Note Tracker Corporation, admitted in federal court today that he paid $1 million in bribes to bank insiders at J.P. Morgan Chase Bank, GMAC Mortgage, LLC, and National City Bank.

According to his plea agreement, in exchange for the bribes, the bankers arranged for Hechter to win bids to ... More
   $0 (09-26-2014 - CA)

Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised ... More   $0 (09-26-2014 - CA)

Daniel Vasquez v. California School of Culinary Arts, Inc.

Real party in interest and appellant Sallie Mae, Inc. (Sallie Mae) appeals from an order awarding plaintiffs and respondents Daniel Vasquez, et al. (collectively, plaintiffs) $11,487 in attorney fees and costs incurred after plaintiffs successfully opposed Sallie Mae’s motion to quash a business records subpoena seeking electronically stored information pertaining to student loans made to them b ... More   $0 (09-26-2014 - CA)

The People v. Jimmie L. Doss, Jr.

Defendant Jimmie L. Doss, Jr. appeals from a judgment entered after a jury convicted him of assault with a deadly weapon and battery. The sole issue on appeal is whether the trial court applied an incorrect legal standard in revoking Doss’s right to represent himself under Faretta v. California (1975) 422 U.S. 806 (Faretta).1 We conclude that the trial court applied an incorrect standard, and we ... More   $0 (09-26-2014 - CA)

Daniel Martinez, Jr. v. City and County of Denver

Denver, CO - Daniel Martinez, Jr. and others sued the City and County of Denver and others on civil rights violation theories under 42 U.S.C. 1983 claiming that Denver Police Department officers Jason Valdez, Robert Martinez, Robert Motyka and Bryce Jackson wrongfully invaded his home and arrested him and his children when they executed a warrantless raid on his home.

The Court docket ent ... More
   $1,800,000 (09-26-2014 - CO)

United States of America v. Sohiel Omar Kabir and Ralph Deleon

RIVERSIDE, CA – Two men were found guilty today of federal charges related to plots to provide material support to terrorists and to kill American personnel.

Following a 6½-week trial, a federal jury returned guilty verdicts against the two defendants, one a United States citizen and one who was residing in California on a “Green Card.”

The two men convicted today are Soh ... More
   $0 (09-25-2014 - CA)

The People v. Estvan Haro Espinosa

Plaintiff and appellant the People of the State of California appeal from the trial court’s order reducing defendant and respondent Estevan Espinosa’s first degree murder conviction to second degree murder, and resentencing him to a lower term. They contend: (1) the court lacked jurisdiction to modify the judgment; and (2) even if the court retained jurisdiction, modification of the judgment w ... More   $0 (09-25-2014 - CA)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas ... More   $0 (09-25-2014 - CA)

United States of America v. Darren Lewis

DALLAS, TX — Darren Lewis, 45, who admitted committing the armed robberies of several businesses in the Dallas area in 2012-2013, was sentenced by U.S. District Judge Jane J. Boyle to 324 months (27 years) in federal prison, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

In May, Lewis pleaded guilty to three counts of interference with commerce by robbery a ... More
   $0 (09-25-2014 - TX)

Kings River Trail Association, Inc. v. Pinehurst Trail Holdings, L.L.C.

property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the associations’ claims that they adversely possessed certain biking and hiking trails. We also determine whe ... More   $0 (09-25-2014 - TX)

In the Estate f Terolle K. Luthen, Deceased

Appellants Patrick James Luthen, Rachel Luthen, and Patrick James Luthen as next friend of Andrew Luthen1 (collectively “appellants”) appeal the trial court’s order admitting Terolle K. Luthen’s will and codicil to probate and authorizing letters of administration naming appellee Donald Ley2 as the independent executor of the estate.3
1 Appellants are the decedent’s great grandchildr ... More
   $0 (09-25-2014 - TX)

Bell County, Texas v. Tom Kozeny

Appellee Tom Kozeny sued Appellant Bell County, asserting a Whistleblower
claim. The trial court denied Bell County’s plea to the jurisdiction. Asserting one issue,
Bell County appeals. We will reverse and remand.
A county’s immunity from suit defeats a trial court’s subject-matter jurisdiction;
thus, it is properly asserted in a plea to the jurisdiction. See Tex. Dep’t of ... More
   $0 (09-25-2014 - TX)

In the Interest of K.S., K.S. and G.S.

The trial court terminated the parental rights of G.S. (Father) and T.R.J. (Mother) to their children K.S., K.S., and G.S.1 In separate briefs submitted in this appeal, Mother and Father challenge the legal and factual sufficiency of the evidence supporting the jury’s verdict. We affirm the trial court’s judgment.
1We identify the minors by their initials to protect their identities. See T ... More
   $0 (09-25-2014 - TX)

In the Interest of D.L.B.

L.J. (MOTHER) gave birth to her son, D.L.B., in March 2013. The Texas Department of Family and Protective Services (the Department), responded to an initial intake and spoke with the medical staff at the hospital when D.L.B. was born. The medical staff reported that D.L.B. tested positive for methamphetamines and amphetamines at birth. On March 11, 2013, the State filed an Original Petition for Pr ... More   $0 (09-25-2014 - TX)

Carol Ann Davis v. The State of Texas

Carol Ann Davis appeals the order of civil commitment for extended inpatient mental health services. See Tex. Code Crim. Proc. Ann. art. 46B.102(d) (West Supp. 2014); Tex. Health & Safety Code Ann. § 574.035(a), (h) (West Supp. 2014). On January 16, 2014, after a hearing on the State’s application for civil commitment, the trial court signed an order of civil commitment for extended inpatient m ... More   $0 (09-25-2014 - OK)

Becon Construction Company, Inc. v. Jose Alonso

In this permissive appeal, we address whether the exclusive remedy defense provided by the Texas Workers’ Compensation Act applies on a worksite that was subject to a contractor-controlled insurance program. See Tex. Lab. Code Ann. §§ 406.123, 408.001 (West 2006). Because the summary-judgment proof of the appellants, who were subcontractors on the site, established that they were entitled
... More
   $0 (09-25-2014 - TX)

Sonia Herrera Marquez v. Clint Independent School District

On behalf of their minor children, Appellants, Sonia Herrera Marquez, Claudia Garcia, and Alicia Gomez, (Parents) filed suit against Appellee, Clint Independent School District, alleging violations of the Texas Constitution and seeking declaratory and injunctive relief. Parents appeal from the trial court’s order granting the school district’s motion to dismiss and plea to the jurisdiction. We ... More   $0 (09-25-2014 - TX)

For the Best Interest and Protection of: N.H.

N.H. appeals from a judgment of commitment for temporary inpatient mental health
services. In nine issues, appellant generally asserts the evidence is legally and factually
insufficient to support the trial court’s findings that: (1) as a result of mental illness, he was
likely to cause serious harm to himself or others; (2) his ability to function independently was
deteriorating ... More
   $0 (09-25-2014 - TX)

In the Interest of A.J.L., A.R.L., A.A.R. and B.N.G., Children

The Department of Family and Protective Services (“the Department”) filed its petition to terminate the parental rights of the mother and the fathers of the four subject children. This is an appeal by the mother, Ernestina, and one of the fathers, Abel, from the trial court’s judgment terminating their parental rights. We affirm the judgment as to Abel. Because we conclude the evidence is le ... More   $0 (09-25-2014 - TX)

D. F. and B. W. v. Texas Department of Family and Protective Services

Based on jury findings, the trial court terminated the parental rights of appellants D.F.
and B.W. to their daughter, J.F. Appellants contend that termination of their parental rights is not
in J.F.’s best interest. We will affirm the judgment terminating appellants’ parental rights.
BACKGROUND
On June 27, 2013, the Texas Department of Family and Protective Services
investi ... More
   $0 (09-25-2014 - TX)

In Re Commitment of Thomas Lee Roberts

In June 2013, the trial court issued a civil commitment order based on a jury finding that Thomas Lee Roberts is a sexually violent predator. See TEX. HEALTH
1 On October 17, 2013, the Texas Supreme Court ordered this appeal transferred from the Court of Appeals for the Ninth District of Texas. See TEX. GOV’T CODE ANN. § 73.001 (West 2013) (authorizing transfer of cases). We are unaware of ... More
   $0 (09-25-2014 - TX)

Letosha Gale, M.D. v. Hector Lucio

We granted the petition of appellants, Letosha Gale, M.D. and Zoe Life Wellness Center, P.A. (collectively, “Dr. Gale”), to file a permissive appeal pursuant to Texas Rule of Appellate Procedure 28.3 on the issue of whether
2
appellee, Hector Lucio, as the representative of his wife Maria’s estate, can invoke the open courts provision of the Texas Constitution to toll the statute of ... More
   $0 (09-25-2014 - OK)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the ... More
   $0 (09-25-2014 - TX)

VMS, Inc. a/k/a VMS Maintenance Systems, Inc. v. Elvis Alfonso

VMS, Inc. appeals from a partial summary judgment determining that it was
estopped from asserting workers’ compensation immunity to bar an action
sounding in negligence brought by the employee of a sub-subcontractor. Because
VMS secured the payment of compensation required by statute, we find that VMS
is not estopped from asserting such immunity and reverse.
As pertinent here ... More
   $0 (09-24-2014 - FL)

Mercury Casualty Company v. Hung Chu

Mercury Casualty Company (Mercury) filed an action seeking declaratory relief regarding its insurance obligation towards students Hung Chu (Chu) and his roommate Tu Pham (Pham). Mercury issued an automobile policy to Chu insuring his
2
1995 Honda Accord. Chu was driving, and Pham was a passenger, when Chu collided with a vehicle driven by Krystal Nguyen Hoang (Hoang). Pham filed a personal ... More
   $0 (09-24-2014 - CA)

C.S. v. W.O.

Appellant C.S. submitted two applications for waiver of court fees and costs based on her receipt of public benefits. The trial court denied the applications, concluding in the exercise of its discretion that appellant was not entitled to such waiver because she received financial assistance from family and friends. Finding that appellant met the statutory requirements for a fee waiver and that th ... More   $0 (09-24-2014 - CA)

United States of America v. Cornell Tyleiz Harvey

Muskogee, OK - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that CORNELL TYLEIZ HARVEY, 29, of Oklahoma City, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Section 846.

The charges arose from a joint investigation by the Drug Enforcement Administration, Bureau of Indian Affairs, McAlester Police Department, ... More
   $0 (09-24-2014 - OK)

United States of America v. Rodrigo Gonzalez-Alvarez

BROWNSVILLE, TX - Rodrigo Gonzalez-Alvarez, 22, has been ordered to prison for conspiracy to harbor, harboring of aliens and of Illegal re-entry after deportation, announced U.S. Attorney Kenneth Magidson. Gonzalez-Alvarez, an undocumented alien from of Mexico City, was convicted by a jury on June 23, 2014, following a three-day trial. Today, U.S. District Judge Andrew S. Hanen, who presided over ... More   $0 (09-24-2014 - TX)

United States of America v. Jesus Velasquez aka Chuy

DALLAS, TX — The last defendant convicted in a drug conspiracy that distributed large quantities of methamphetamine in north Texas was sentenced in federal court in Dallas. Jesus Velasquez, aka “Chuy,” 44, was sentenced by U.S. District Judge Barbara M.G. Lynn to 270 months (22.5 years) in federal prison, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

V ... More
   $0 (09-24-2014 - TX)

J. D. S. v. Texas Department of Family and Protective Services

This is an appeal from an order terminating the parent child relationship between JDS and LS predicated upon Texas Family Code subsections 161.001(1)(D), (E), (O), and a finding that termination is in the best interest of the child. The final order appoints the Department as the child’s sole managing conservator. In eight issues1, JDS challenges the legal and factual sufficiency of the evidence ... More   $0 (09-24-2014 - TX)

Lonnie Wayne Shaw d/b/a Skywest Assisted Living Center v. Loudene West

Lonnie Wayne Shaw, individually, and d/b/a Skywest Assisted Living Center (collectively Skywest) appeals from an order denying its objections to two expert reports and motion to dismiss the healthcare liability lawsuit filed against it by Loudene West, individually and as personal representative of the estate of Billy Eugene West, Terry Wester, Bill West, and Kelley Gardner (collectively West). We ... More   $0 (09-24-2014 - TX)

San Antonio Water System v. Beatriz Smith

Beatriz Smith sued the San Antonio Water System (SAWS) for injuries she sustained when she fell into a hole on a sidewalk. SAWS filed a plea to the jurisdiction, asserting it did not receive notice of the claim against it as required by the Texas Tort Claims Act. The trial court denied the plea. We affirm the order because we hold that 1) SAWS is not a “governmental unit” entitled to notice un ... More   $0 (09-24-2014 - TX)

Friends of the Wild Swan v. Chip Weber

These environmental appeals for injunctive relief bring
virtually identical challenges to two logging projects in
Montana’s Flathead National Forest: the Weber case
challenges the United States Forest Service’s (“Forest
Service” or “Service”) decision to authorize the Spotted Bear
River Project, and the Christiansen case challenges the
Soldier Addition II Projec ... More
   $0 (09-24-2014 - MT)

United States of America v. Damian Deshane Wardell a/k/a "Fray Fray"

Tulsa, OK - Damian Deshane Wardell, a/k/a “Fray Fray,” 40, of Tulsa, was sentenced today by U.S. District Judge Claire V. Eagan to serve 92 months in federal prison on charges related to child sex trafficking, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.

In February, a Federal Grand Jury charged Wardell by Indictment with crimes relate ... More
   $0 (09-24-2014 - OK)

State of Oklahoma v. Brent Deckard

Tulsa, OK - The State of Oklahoma charged Brent Deckard with:

Count # 1.
Count as Filed: LEWD, LEWD MOLESTATION , in violation of 21 O.S. 1123
Date Of Offense: 01/12/2012

Party Name: Disposition Information:

DECKARD, BRENT
Disposed: CONVICTION, 09/24/2014. Guilty Plea.
Count as Disposed:LEWD MOLESTATION (LEWD)
Violation of 21 O.S. 1123

... More
   $0 (09-24-2014 - OK)

United States of America v. Craig E. Karlis

BOSTON, MA – A Hopkinton man, and former owner of Boston Trading and Research, was sentenced this afternoon to nine years in prison after pleading guilty to charges that he and his business partner defrauded more than 700 investors out of more than $30 million.

Craig K. Karlis, 54, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to nine years in prison, three years of sup ... More
   $0 (09-24-2014 - M)

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