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Recent Verdicts and Judgments
M. Michael Reilly v. Continental Casualty Co.

Michael Reilly participated in a pension plan offered by Continental Casualty Co., which the parties call CNA but which we call Continental to avoid the initialism. Continental administers its own defined-
* Of the Southern District of Illinois, sitting by designation.
2 No. 14-2888
benefit plan, which provides that the pension depends on
the highest average compensation in any 60- ... More
   $0 (05-06-2015 - IL)

United States of America v. Charles Walker Dunnavant

BIRMINGHAM -- Federal prosecutors today charged a Huntsville man with crossing the Alabama state line with the intent to engage in a sexual act with a child younger than 12, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Roger C. Stanton.



The U.S. Attorney's Office charged CHARLES WALKER DUNNAVANT, 32, in a one-count information filed in U.S. District ... More
   $0 (05-05-2015 - AL)

Tammie Davis v. Devanlay Retail Group, Inc.

This appeal requires us to resolve whether the Song-
Beverly Credit Card Act (Song-Beverly) prohibits a retailer
from requesting a customer’s personal identification
information (PII) at the point of sale after the customer has
paid with a credit card, even if it would not be objectively
reasonable for the customer to construe the request to mean
that providing PII is req ... More
   $0 (05-05-2015 - CA)

Sam Francis Foundation v. Christies, Inc.

California’s Resale Royalty Act requires the seller of fine
art to pay the artist a five percent royalty if “the seller resides
in California or the sale takes place in California.” Cal. Civ.
Code § 986(a). Plaintiffs in these consolidated appeals are
artists and the estates of artists. Sitting en banc, we address
Plaintiffs’ allegation that Defendants—two auction ho ... More
   $0 (05-05-2015 - CA)

United States of America v. Glenn Casey Portwood

HOUSTON, TX – Glenn Casey Portwood, 53, has been ordered to federal prison following his conviction of possession of child pornography which included images of babies and toddlers, announced U.S. Attorney Kenneth Magidson. Portwood pleaded guilty Nov. 18, 2014.

Today, U.S. District Judge Gray Miller took into consideration the large number of images and handed Portwood the statutory max ... More
   $0 (05-05-2015 - TX)

United States of America v. Maricella Reed

DALLAS, TX — A former employee with the Dallas Independent School District (DISD) and her co-conspirator, who each pleaded guilty to one count of conspiracy to commit mail fraud, was sentenced to 24 months in federal prison.

Maricella Reed, 41, who was employed by the DISD as a data specialist in the worker’s compensation section of the district’s Risk Management Department, was sen ... More
   $0 (05-05-2015 - TX)

United States of America v. Juan Gregorio Perez-Treviño

Miami, FL - A Highlands County resident pled guilty yesterday to possessing firearms and ammunition while being an alien unlawfully present in the United States.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, Matthe ... More
   $0 (05-05-2015 - FL)

State of Texas v. John Doe

New Braunfels, TX - The State of Texas charged John Doe, age 16, with aggrvated assault, manslaughter and murder as a result of the the death of Logan Davidson in 2013, who died when he fell and hit his head after being punched twice in the hall at Canyon High School. ... More   $0 (05-05-2015 - TX)

State of Oklahoma v. Jimmy Earnest Hill a/k/a Jimmie Hill

Tulsa, OK - The State of Oklahoma charged Jimmy Earnest Hill a/k/a Jimmie Hill with:

Count # 1. Count as Filed: CHSA, SEXUAL ABUSE - CHILD UNDER 12, in violation of 21 O.S. 843.5 F
Date of Offense: 07/15/2010
Party Name Disposition Information
HILL, JIMMY EARNEST Disposed: CONVICTION, 05/04/2015. Guilty Plea
Count as Disposed: SEXUAL ABUSE - CHILD UNDER 12(CHSA)
V ... More
   $0 (05-05-2015 - OK)

United States of America v. Roger Dana Barnett

TULSA, OK — Roger Dana Barnett, 53, of Bristow, the former Muscogee (Creek) Nation Second Chief, was sentenced to serve 33 months in prison and ordered to pay $211,880.76 in restitution for embezzling from the Muscogee (Creek) Nation, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma. In addition to the prison incarceration and restitution, Barnett was ... More   $0 (05-05-2015 - OK)

United States of America v. Sylvan Godfrey

Sylvan Godfrey was convicted on one count of aggravated sexual abuse of a
child, in violation of 18 U.S.C. §§ 1153, 2241(c), and 2246(2)(D). Godfrey appeals,
challenging the district court’s admission of evidence 1 of an earlier sexual assault by
Godfrey. We affirm.
From 2004 to 2007, sisters R.H. and T.H. lived with relatives near Bonesteel,
South Dakota. During the summer ... More
   $0 (05-04-2015 - SD)

Estate of Ronald E. Johnson v. Douglas Weber, et al.

The Estate of Ronald E. Johnson and Lynette K. Johnson (collectively,
"Johnson") commenced this 42 U.S.C. § 1983 complaint alleging violations of the
constitutional and state law rights of the deceased Ronald Johnson. The district
court granted summary judgment to defendants. 1 Johnson filed the instant appeal,
arguing summary judgment was improper. We affirm.
I
Pursuant t ... More
   $0 (05-04-2015 - SD)

Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva ... More
   $0 (05-04-2015 - MO)

United States of America v. Mario T. Thibeaux

A jury convicted Mario Thibeaux of being a felon in possession of a firearm
in violation of 18 U.S.C. § 922(g)(1). The district court1 imposed a sentence of 120
months in prison. Thibeaux appeals, challenging the sufficiency of the evidence that
1The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri
he possessed the handgun in ... More
   $0 (05-04-2015 - MO)

United States of America v. Robert T. McAllister

Mr. Robert McAllister was an attorney charged with conspiracy, wire
fraud, and bankruptcy fraud. He and the prosecutors entered a plea
agreement, stipulating to certain facts. In the plea agreement, the
government agreed not to take any positions inconsistent with the
stipulated facts. Based on this agreement, Mr. McAllister pleaded guilty.
At sentencing, the government recomme ... More
   $0 (05-04-2015 - CO)

Lawrence J. Hess v. Kanoski Bresney

This breach of contract action is before
this court—pursuant to our diversity jurisdiction—a
second time. As a refresher, Lawrence J. Hess, an attorney,
had worked on a number of medical-malpractice cases before
his law firm, Kanoski & Associates, P.C. (“K&A”),1 ter-
1 Per Appellee’s Rule 26.1 Disclosure Statement of December 5, 2014, Kanoski
& Associates is now K ... More
   $0 (05-04-2015 - IL)

Keith Crabbs v. Zach Scott

Keith Crabbs sued the Franklin County Sheriff under the Fourth (and Fourteenth) Amendment for requiring him to submit to a DNA cheek swab after a jury acquitted him of voluntary manslaughter. The sheriff responded that Ohio’s sovereign
>immunity insulated him from the lawsuit because state law required him to take the sample.
That is not quite true. In 2010, Ohio law required criminal de ... More
   $0 (05-04-2015 - OH)

United States of American v. Miguel Castro

Cleveland, OH - A Uniontown man was sentenced to nearly three years in prison for his role in a conspiracy to hire undocumented workers at a chain of restaurants in Stark and Summit counties and pay them less than minimum wage and sometimes only in tips.

Miguel Castro, 44, was sentenced to 33 months in prison by U.S. District Judge Sara Lioi. Castro owned the “Mariachi Locos” and “M ... More
   $0 (05-04-2015 - OH)

United States of America v. Helena Chemical Corporation

TULSA, OK — Helena Chemical Corporation plea guilty to unlawfully disposing the restricted pesticide, Medal II AT, at its Welch, Oklahoma, facility in Craig County.

According to the plea agreement, for at least a six-month period beginning in May 2013, Helena Chemical Corporation disposed of unused Medal II AT by discharging the pesticide onto the ground and allowing it to run onto an a ... More
   $0 (05-04-2015 - OK)

Christine Tucker, individually and on behalf of the Estate of Jessica Mejia v. Cook County Sheriff's Department

Chicago, IL - Christine Tucker, individually and on behalf of the Estate of Jessica Mejia v. Cook County Sheriff's Department on emotional distress and tort of outrage theories for undressing and photographing the nude body at the scene of the accident where she was killed. Ms. Mejia was a passenger in a Mercedes being driven by a man named Nicholas Sord, who was drunk and hit a pole. The car rol ... More   $0 (05-02-2015 - IL)

State of New York v. Sergey Aleynikov

New York City, NY - The State of New York charged Sergey Aleynikov, age 45, with stealing the "secret sauce" code developed by Goldman Sachs Group, Inc. for high-frequency trading.

The defendant denied stealing anything even though he admitted that he took the code.

District Attorney Press Release:

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the tri ... More
   $0 (05-02-2015 - NY)

United States of America v. Johnny Brown, a/k/a Mickey

After a five-day trial, a federal jury convicted Johnny
Brown of 14 counts of wire fraud, making false statements to
a financial institution and tax evasion. While the jury was
deliberating, one of the jurors became ill and asked to be
excused. Brown requested that the district court seat an
alternate juror rather than proceed with 11 jurors. The court
denied Brown’s requ ... More
   $0 (05-01-2015 - OR)

United States of American v. Alan Mizen

INDIANAPOLIS, IN - United States Attorney, Josh J. Minkler, announced today the sentencing of the former chief financial officer for Center Township in Indianapolis. Alan Mizen 59, Zionsville, was sentenced to 18 months imprisonment by U. S. District Judge Sarah Evans Barker after his conviction for theft of federal program funds.

"The citizens of Marion County deserve better from their p ... More
   $0 (05-01-2015 - IN)

United States of America v. Mark Williams, a/k/a Frank White

PITTSBURGH, PA - Mark Williams, a/k/a Frank White, 45, of Summerville, Ga., pleaded guilty to two counts before United States District Judge Nora Barry Fischer.

In connection with the guilty plea, Williams, along with other co-conspirators, conspired to steal identities of other persons that were used to file false electronic federal tax returns between 2011 and 2015 which requested feder ... More
   $0 (05-01-2015 - PA)

C. W. v. Texas Department of Family and Protective Services

C.W. challenges the trial court’s termination of her parental rights to three children.
Appellant contends that the evidence is legally insufficient to support the conclusion that she
endangered her children’s physical and emotional well-being and is factually insufficient to
support the conclusion that termination of her rights is in her children’s best interest. We will affirm< ... More
   $0 (05-01-2015 - TX)

United States of America, ex rel, et al v. Novartis Pharmaceuticals Corporation

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General's New York Regional Office (“HHS-OIG”) announced ... More   $60,000,000 (05-01-2015 - NY)

United States of America v. BNP Paribas S.A. (BNPP)

New York, NY - BNP Paribas S.A. (BNPP), a global financial institution headquartered in Paris, France was sentenced for conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) by processing billions of dollars of transactions through the U.S. financial system on behalf of Sudanese, Iranian and Cuban entities subject to U.S. economic s ... More   $0 (05-01-2015 - Ny)

United States of America v. Muhammad Wasim Ali

BIRMINGHAM -- A federal grand jury today indicted a physician and owner of a Jasper neurology and pain clinic on illegal drug distribution charges for dispensing narcotic painkillers for other than legitimate medical purposes. U.S. Attorney Joyce White Vance, Drug Enforcement Administration Assistant Special Agent in Charge Clay A. Morris and Internal Revenue Service Criminal Investigation Special ... More   $0 (04-30-2015 - AL)

United States of America v. Daryl Fischer and Russell Taylor

Montgomery, Alabama - Daryl Fischer of Seminole, Florida and Russell Taylor of Loxahatchee, Florida were sentenced on Tuesday, April 28, 2015, to terms of probation for improper use of the pesticide Aldicarb, which is marketed as Temik, announced the United States Attorney for the Middle District of Alabama, George L. Beck, Jr.

The two men were members of a hunting club leasing Bucksnort ... More
   $0 (04-30-2015 - AL)

United States of American v. Phuoc Hong, Garrett D. Statler, Alyce M. Maher, Dylan K. Avery, Artuo-Lorenzo Roldan and Tony D. Meyer

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that six defendants have pleaded guilty in federal court for their roles in a conspiracy to distribute methamphetamine and to illegally possessing a firearm.



Phuoc Hong, also known as Tony Hong, 32, of Warrensburg, pleaded guilty before U.S. District Judge Stephen ... More
   $0 (04-30-2015 - MO)

United States of American v. James Perry Horton

Edwardville, IL - James Perry Horton, 48, of Centralia, Illinois, pled guilty to an 11-count indictment returned by a Federal Grand Jury in December 2014. Horton was named in Counts 1 and 11 of the indictment. All offenses relate to the production and distribution of methamphetamine. Specifically, Horton pled guilty to Conspiracy to Manufacture and Distribute Methamphetamine from February 28, 2014 ... More   $0 (04-30-2015 - IL)

State of Wisconsin v. Ho-Chunk Nation

The State of Wisconsin sued the Ho-Chunk Nation of Wisconsin to stop the tribe from offering electronic poker at its Madison gaming facility. The state maintained that the tribe was violating its agreement with the state to refrain from conducting Class III gaming at that location. The tribe responded that its poker is a Class II game
2 No. 14-2529
that is permitted by law. The state preva ... More
   $0 (04-29-2015 - WI)

Judith Winkel, et aux. v. Colgate-Palmolive Co.

Los Angeles, CA - Judith Winkel and her husband sued Colgate-Palmolive Co. on products liability and loss of consortium theories claiming that Mrs. Winkel developed mesothelioma from using Cashmere Bouquet that contained asbestos-containing talcum powder.

The Plaintiff claimed that Colgate-Palmolive negligently designed, manufactured or sold the product and found that it presented a subst ... More
   $13,000,000 (04-29-2015 - CA)

United States of America v. Marcos Estrada-Mederos

Defendant Marcos Estrada-Mederos pled guilty to illegal reentry for being found in the United States after having been previously deported following conviction for an aggravated felony. See 8 U.S.C. § 1326. He was given a within-guideline sentence
2 No. 14-2417
of 57 months in prison. He appeals his sentence, chal-lenging the district court’s failure to address his principal arguments f ... More
   $0 (04-29-2015 - IL)

In re the Marriage of Susan Ann Arnall Hamm and Harold Glenn Hamm

Oklahoma City, OK - Susan Ann Arnall Hamm sued Harold Glenn Hamm seeking a dissolution (divorce) of their marriage.

The allegations made by Petitioner in her Petition are not available nor are the allegations made by Respondent in his answer.

Court docket entries:


Date Code Description Count Party Amount
05-18-2012 TEXT

Family and Domestic Init ... More
   $0 (04-29-2015 - OK)

In Re: Michael Valone, etc.

This is an appeal from a district court order affirming a bankruptcy court’s disallowance of an exemption claimed by Michael and Kristie Valone in their Chapter 13 bankruptcy petition. The Chapter 13 trustee, Jon Waage, objected to their personal property exemption, arguing that, as homeowners filing under Chapter 13 of the Bankruptcy Code, the Valones were ineligible for the exemption. The bank ... More   $0 (04-29-2015 - FL)

Mark S. Novak v. Michael Fay, as Trustee

Plaintiff, Mark S. Novak, seeks to enforce an attorney fee lien on assets held by the Dana Teitler Trust dated August 20, 1999 (Dana Teitler Trust). The present petition to enforce the attorney fee lien arises out of plaintiff‟s representation of Douglas Kelly between 2007 and 2012. In 2007, plaintiff and Mr. Kelly executed a contingency attorney fee agreement. The contingency fee agreement gran ... More   $0 (04-28-2015 - CA)

United States of America v. Cora Cadia Ford

Defendant Cora Cadia Ford, a tax professional, appeals from her conviction and sentence on ten counts each of mail fraud, making a false claim, and aggravated identity theft. After careful review, we affirm.
I. BACKGROUND
Cora Cadia Ford owned and managed a tax preparation business. Through that business, she operated a complex fraud scheme over a period of many years — acquiring persona ... More
   $0 (04-28-2015 - GA)

State of Oklahoma v. Josiah Israel Sklar

Tulsa, OK - The State of Oklahoma charged Josiah Israel Sklar with accessory after the fact to first-degree murder in violation of 21 O.S. 173.

The information filed by the State alleged:

JOSIAH ISRAEL SKLAR, between 1/21/2013 and 1/22/2013, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of ACCESSORY AFTER THE FACT, a Felony, b ... More
   $0 (04-28-2015 - OK)

Apax Galss, Inc. v. WZ Associates Property Tulsa, LLC, Schweiger Construction Company, J. Dennis Semler, Treasurer of Tulsa County, Board of County Commissioners of Tulsa County and Fidelity ^ Deposit Company of Maryland

Tulsa, OK - Apax Galss, Inc. sued WZ Associates Property Tulsa, LLC, Schweiger Construction Company, J. Dennis Semler, Treasurer of Tulsa County, Board of County Commissioners of Tulsa County and Fidelity and Deposit Company of Maryland on a mechanics lien foreclosure theoies claiming:

1 Plaintiff, APAX GLASS, INC., (referred herein as “APAX” or “Plaintiff’) is an Oklahoma
Cor ... More
   $0 (04-28-2015 - OK)

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