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JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

ichael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi

During an investigation for child pornography, the Mississippi Attorney General’s
Cyber Crime Unit (the “Cyber Crime Unit”), through Investigator Kyle Moore, obtained a
warrant to search Donaldson’s residence. Investigators seized over thirty items of digital
evidence; these items included a Dell laptop that was found on the toilet in the master
bathroom (“Laptop 1”) and a Dell la... More...
   $0 (07-09-2018 - MS)

STATE OF OHIO vs. GREG EVANS

At trial, Ebony Brown testified that in September 2016, she had been in a
relationship with Evans for about a year. Although they had lived together in the past,
they were not then living together. Evans would come over to her apartment and leave
when she went to work. At that time, Brown was working third shift, from 11:00 p.m. to
9:30 a.m., at a group home that provided ca... More...
   $0 (07-08-2018 - OH)

CORE CASHLESS, LLC. v. KANSAS DEPARTMENT OF LABOR

Eugene Brooks Lilly and Shannon Lilly, father and daughter, were employed by Core Cashless, LLC (Core LLC) from November 9, 2011, to August 31, 2012. Brooks and Shannon were previously employed by Core LLC's predecessor, Core Cashless, Inc. When employed by Core Cashless, Inc., Brooks' salary was $150,000.

Under the direction of Core LLC's owner, Daniel Owen, Shannon drafted offer lett... More...
   $0 (07-07-2018 - KS)

UNITED STATES OF AMERICA v. GREGORY JOEL SITZMANN United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

On May 21, 2012, following a 23-day trial, a jury found appellant Gregory Sitzmann guilty of one count of conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 846 (2012). The Government presented evidence at trial that, from approximately 1990 to 2004, Sitzmann participated in a conspiracy to traffic large... More...   $0 (07-05-2018 - DC)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - 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)

Edward Wilson v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

The record in the instant case does not contain the indictments or technical record from the underlying charges, but we glean from the plea hearing that the Petitioner’s pleas arose from offenses committed on three separate dates in 2015. The Petitioner was charged with committing on March 23, 2015, the offenses of driving on a suspended license and violation of the financial responsibility law. ... More...   $0 (06-21-2018 - TN)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

John C. Stojetz v. Todd Ishee, Warden Southern District of Ohio Federal Courthouse - Columbus, Ohio

On April 25, 1996, while incarcerated at Madison Correctional Institution, John C. Stojetz and five other inmates stormed a unit housing the State’s juvenile
>
No. 15-3116 Stojetz v. Ishee Page 2
offenders. State v. Stojetz, 705 N.E.2d 329, 333–34 (Ohio 1999). After overpowering the guard, Stojetz and the others proceeded to the cell of 17-year-old Damico Watkins, with whom they had ha... More...
   $0 (06-05-2018 - OH)

Jaime Antonio Alvarenga v. The State of Texas Fifth Court of Appeals - Texas Courts

Appellant Jaime Antonio Alvarenga pleaded guilty to three separate offenses involving the
same victim: (1) indecency with child by contact (trial court cause no. F-1126734-V); (2)
aggravated sexual assault (trial court cause no. F-1126736-V); and (3) indecency with a child by
contact (trial court cause no. F-1126739-V). The trial court sentenced him to five years’
imprisonment... More...
   $0 (05-16-2018 - TX)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

United States of America v. Roger Bellanger District of Maine Federal Courthouse - Bangor, Maine

In today's story of why it's
generally not a good idea to orchestrate and then participate in
an illegal narcotics distribution ring, meet Roger Belanger of
Corinna, Maine. Belanger was indicted on one count of conspiracy
to distribute and possess with intent to distribute five kilograms
or more of cocaine and an unspecified amount of oxycodone, in
violation of 21 U.S.C. §§... More...
   $0 (05-13-2018 - ME)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

UNITED STATES OF AMERICA v. ROGER BELANGER United States Court of Appeals For the First Circuit

In today's story of why it's
generally not a good idea to orchestrate and then participate in
an illegal narcotics distribution ring, meet Roger Belanger of
Corinna, Maine. Belanger was indicted on one count of conspiracy
to distribute and possess with intent to distribute five kilograms
or more of cocaine and an unspecified amount of oxycodone, in
violation of 21 U.... More...
   $0 (05-12-2018 - ME)

In re Adoption of T.M.M.H. SUPREME COURT OF THE STATE OF KANSAS

T.M.M.H., who was born on November 5, 2006, was a few months old when his father died in 2007. When T.M.M.H. was young, Mother and Grandmother agreed he would live for a period of time with Grandmother. We know little about this agreement. Whatever the initial arrangement may have been between Mother and Grandmother, at some point in 2008, Grandmother filed a petition in district court for grandpa... More...   $0 (05-12-2018 - KS)

David Grantham v. The State of Texas Tenth Court-Appeals

David Grantham appeals from a conviction for the offense of engaging in
organized criminal activity, for which he was sentenced to twenty-seven (27) years in
prison after pleading true to two enhancements. TEX. PENAL CODE ANN. §§ 71.02, 12.42(d)
(West 2011). Grantham complains that his plea was not voluntary because he was not
properly admonished on the appropriate range of p... More...
   $0 (05-11-2018 - TX)

STATE OF KANSAS v. ANDRE NIGEL KING

The events occurring between King and his estranged wife, M.K., on May 3, 2014, resulted in the State charging King with one count of rape in violation of K.S.A. 2013 Supp. 21-5503, and one count of aggravated kidnapping in violation of K.S.A. 2013 Supp. 21-5408(b). The jury was unable to reach a verdict on the rape count but found King guilty of aggravated kidnapping.

In order to unde... More...
   $0 (05-07-2018 - KS)

Aaron Charles Hill v. The State of Texas

A grand jury indicted Sorrells for possession of a controlled substance, a state
jail felony, and the indictment included several enhancement paragraphs. See Tex.
Health & Safety Code Ann. § 481.115(b) (West 2017); Tex. Penal Code Ann. §
12.425 (West Supp. 2017). Sorrells was tried jointly for the offenses of felony
possession of a controlled substance and aggravated assault wi... More...
   $0 (05-07-2018 - TX)

Mark Anthony Sorrells v. The State of Texas

A grand jury indicted Sorrells for possession of a controlled substance, a state
jail felony, and the indictment included several enhancement paragraphs. See Tex.
Health & Safety Code Ann. § 481.115(b) (West 2017); Tex. Penal Code Ann. §
12.425 (West Supp. 2017). Sorrells was tried jointly for the offenses of felony
possession of a controlled substance and aggravated assault wi... More...
   $0 (05-07-2018 - TX)

Aenaudo Brothers, L.P v. Agricultural Labor Relations Board, United Farm Workers of America, Real Party in Interest

ORIGINAL PROCEEDING; petition for writ of review.
Charley M. Stoll, Rachelle O. Tejada and Anne W. Nilsen for Petitioners.
J. Antonio Barbosa, Paul M. Starkey and Todd M. Ratshin for Respondent.
Martinez Aguilasocho & Lynch and Mario G. Martinez for Real Party in Interest.
-ooOooThis
writ proceeding addresses decisions by the Agricultural Labor Relations Board
(Board) that ... More...
   $0 (05-05-2018 - CA)

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