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Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

Joel Doe v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de... More...   $0 (06-22-2018 - PA)

MONTANA MINING ASSOCIATION v. THE STATE OF MONTANA

The Montana Mining Association (MMA) challenges the Attorney General’s
determination that Initiative 186 (I-186) is legally sufficient in an original proceeding
before this Court. This Court has “original jurisdiction to review ...the attorney general’s
legal sufficiency determination in an action brought pursuant to 13-27-316.” Section
3-2-202(3)(a), MCA. We conclude this ... More...
   $0 (06-22-2018 - MT)

UNITED STATES OF AMERICA v. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

State of Tennessee v. Howard P. Fisher COURT OF CRIMINAL APPEALS OF TENNESSEE

On the night of January 19, 2015, Ismail Salman and William Derrick, the victim, were working at the Discount Mart in Nashville, Tennessee. Earlier that day, Salman1 had asked the Defendant to leave the store because he was in an altercation with another customer. The Defendant left, but told Derrick, “I will get you after you guys are 1 We acknowledge t... More...   $0 (06-21-2018 - TN)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

Dennis Haynes v. Hooters of America, L.L.C. United States District Court for the Southern District of Florida - Miami, Florida

At issue in this appeal is whether the plaintiff’s claims for declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., are moot due to the fact that the defendant entered into a remediation plan as a result of a settlement between the defendant and a different plaintiff in an almost identical earlier-filed suit. After thorough revi... More...   $0 (06-21-2018 - FL)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

STATE OF OHIO v. SCOTT A. STEIN

On November 9, 2016, Chief of Police Glass of the Village of Botkins
received a phone call from an officer at the Wapakoneta Police Department
regarding a woman named Megan Donnelly, for whom there was an active warrant
for theft, and requested his assistance in obtaining her. Chief Glass was informed
that Donnelly was en route to a local motel, driving a white Ford Expeditio... More...
   $0 (06-19-2018 - OH)

Wilbert T. Sturgis v. State of Indiana COURT OF APPEALS OF INDIANA

The following facts and procedural history of Sturgis’s case are taken from the
unpublished memorandum decision of his direct appeal:
On the morning of September 20, 2004, teenager Barbara Day was dismissed early from Michigan City High School because of an earlier altercation she had with another teenager known only by his nickname, “Spider.” Tr. p. 324. Day went to her home in Michigan... More...
   $0 (06-19-2018 - IN)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Patricia P. Campbell v. State of Hawaii Department of Education, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.
I
Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taug... More...
   $0 (06-19-2018 - HI)

United States of America v. David Wesley Reinhart Federal Courthouse, Oakland, California

David Reinhart was convicted of two counts of
possession of child pornography, in violation of 18 U.S.C.
§ 2252(a)(4)(B). A defendant convicted of this offense who
has “a prior conviction . . . under the laws of any State
relating to . . . the production, possession, receipt, mailing,
sale, distribution, shipment, or transportation of child
pornography” is subject to a ten-... More...
   $0 (06-19-2018 - CA)

Stuart Wright v. United States of America Western District of Missouri Federal Courthouse - Kansas City, Missouri

In the third iteration of this unfortunate case of mistaken identity, PlaintiffStuart Wright (“Wright”) appeals the district court’s1 grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on Wright’s claims under the Federal Tort Claims Act (the “FTCA”). Wright argues that the district court erred when it found there was no genuine ... More...   $0 (06-18-2018 - MO)

Kimberly Flanagan v. Office of the Chief Judge of the Circuit Court of Cook County Northern District of Illinois Courthouse - Chicago, Illinois

Kimberly Flanagan says that two coworkers
threatened her life because she previously had sued their
shared employer—the Cook County Adult Probation Department—
for discrimination and retaliation. She brought the
present action against the Department, asserting retaliation
under Title VII, 42 U.S.C. § 2000e-3(a), based on the hostile
2 No. 16-1927
work environment engend... More...
   $0 (06-17-2018 - IL)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

Joe Earl Smith v. The State of Texas

In January 2017, the State indicted Smith for the offense of murder, alleging that he shot
and killed his uncle, Jack Smith.1 Two days after the incident occurred, and following a multi
state search for Smith, he admitted that he had shot Jack multiple times with a shotgun.2 At trial,
various witnesses testified to the events leading up to the shooting, and for the most part, the <... More...
   $0 (06-15-2018 - TX)

United States of America v. Candido Francisco Hernandez-Avila Western District of Texas Federal Courthouse - San Antonio, Texas

Candido Hernandez-Avila pleaded guilty to illegal reentry under 8 U.S.C. § 1326. The presentence report (PSR) recommended a sixteen-level enhancement based on Hernandez-Avila’s prior conviction for sexual assault under Texas Penal Code § 22.011(a)(2), which the PSR determined to be a “crime of violence” within the meaning of § 2L1.2(b)(1)(A)(ii) of the 2015 Sentencing Guidelines. Hernandez-Avila o... More...   $0 (06-15-2018 - TX)

United States of America v. Angel Vega Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Muskogee, OK - Philadelphia, Pennsylvania, Man Sentenced To 60 Months For Cocaine Distribution

Angel Vega, age 44, of Philadelphia, Pennsylvania, was sentenced to 60 months imprisonment and 3 years supervised release for Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section ... More...
   $0 (06-13-2018 - OK)

Marie Gillispie v. Regional Care Hospital Partners, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

We are asked to determine whether the District Court
erred in dismissing a claim under the “whistleblower”
protection provision of the Emergency Medical Treatment and
Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. The
dispute here arises from Marie Gillispie’s allegations that the
Southwest Regional Medical Center (the “Medical Center”)
terminated her employment because s... More...
   $0 (06-13-2018 - PA)

John Wilson, Charles Still, Terrance Stubbs v. Dynatone Publishing Company, UMG Recordings, Inc., Unichappell Music, Inc. Southern District of New York - New York, New York

14 Plaintiffs, John Wilson, Charles Still, and Terrance Stubbs, appeal from
15 the judgment of the United States District Court for the Southern District of
16 New York (Paul A. Engelmayer, J.) dismissing their copyright claims for
17 failure to state a claim because of untimeliness. Plaintiffs are former members
18 of the musical performance group called “Sly Slick & Wicked.” They... More...
   $0 (06-12-2018 - nY)

State of Vermont v. Benjamin Charette

Defendant pled guilty to a charge of attempted luring of a child pursuant to 13
V.S.A. § 2828 based on his attempt to meet with a person he believed to be a minor child for the
purpose of having sex. The charging affidavit reflects that, after receiving complaints concerning
defendant’s inappropriate online contact with minors, an investigator, posing as a thirteen-year
old gir... More...
   $0 (06-11-2018 - VT)

State of Vermont v. William Schenk Vermont Supreme Court

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...
   $0 (06-11-2018 - VT)

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