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Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

United States of America v. Frank Dunkow United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Former Jewelry Store Manager Pleads Guilty to Bank Fraud

Frank Dunkow, 52, of Wellington, pled guilty before United States District Judge Robin L. Rosenberg, to bank fraud involving his repeated sales of jewelry to individuals using counterfeit credit cards in 2010-2011.

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, Ric Bradshaw, ... More...
   $0 (02-20-2018 - FL)

United States of America v. Virgal Malott District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Albuquerque Felon Sentenced to 200 Months for Conviction on Federal Armed Robbery, Carjacking and Firearms Charges

Prosecution Brought under Federal “Worst of the Worst” Anti-Violence Initiative

Virgal Malott, 23, of Albuquerque, N.M., was sentenced on February 15, 2018 in federal court to 200 months (16.6 years) of imprisonment for his conviction on armed robbe... More...
   $0 (02-20-2018 - NM)

United States of America v. Kevin Wayne Sanders, Jr. Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Muskogee, OK - Sallisaw Man Sentenced To 65 Months For Oxycodone Distribution

Kevin Wayne Sanders Jr., age 29, of Sallisaw, Oklahoma, was sentenced to 65 months imprisonment and 6 years supervised release for Distribution Of Oxycodone, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). The Indictment alleged that on or about January 14, 2016, within the Eas... More...
   $0 (02-20-2018 - OK)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Aldridge Winfrey v. City of Forrest City, et al. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

It is well-settled that the “plaintiff is the master of [his] complaint.” Holmes
Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002) (internal
quotation marks omitted). Here, plaintiff Aldridge Winfrey charges in his complaint
that he was terminated by the Forrest City, Arkansas Police Department
(“Department”) as “retaliat[ion] . . . for exercising his right... More...
   $0 (02-18-2018 - AR)

Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...
   $0 (02-18-2018 - MN)

State of Florida v. Nikolas Jacob Cruz Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Nikolas Cruz Charged With 17 Counts of Capital Murder

Court Docket:

Broward County Case Number: 18001958CF10A
State Reporting Number: 062018CF001958A88810
Court Type: Capital Homicide
Case Type: Capital Homicide - Report Purposes
Filing Date: 02/15/2018
Case Status: Pending
Court Location: Central Courthouse
Judge ID / Name: Scher... More...
   $0 (02-17-2018 - FL)

United States of America v. Richard Pinedo Federal Courthouse - District of Columbia

Washington, DC - Defendant Pleads Guilty to Selling Bank Accounts To Russian Hackers

The United States of America charged Richard Pinedo, age 28, with identity fraud in violation of 18 U.S.C. 1028 when the sold bank accounts to Russians who used the accounts to launder money for use in Russia's efforts to defeat Hillary Clinton's campaign to become President of the United States.

... More...
   $0 (02-17-2018 - DC)

Commonwealth of Pennsylvania v. Ray A. Shetler, Jr. Westmoreland County Courthouse - Greensburg, Pennsylvania

Greensburg, PA - Jury Finds Defendant Accused of Murder Not Guilty

The Commonwealth of Pennsylvania charged Ray Shetler, Jr. with first-degree murder and third-degree murder for killing a polic officer who responded to a domestic violence call in Westmoreland County in 2015.

Shetler's girlfriend domestic violence 911 call.

Officer Lloyd Reed responded to the call and ord... More...
   $0 (02-17-2018 - )

Darrell Chissoe v. Ryan Zinke Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Paul Chissoe applied to transfer restricted Indian land he owned (the Property)
to the Bureau of Indian Affairs (BIA) in trust. When Mr. Chissoe died, the BIA
Superintendent of the Okmulgee Agency (Superintendent) terminated his application.
His son, Plaintiff Darrell Chissoe, asked the Superintendent to reinstate the
2
application and to complete the transfer.1 The Superintend... More...
   $0 (02-16-2018 - OK)

United States of America v. Christian Clews Southern District of California Federal Courthouse - San Diego, California

San Diego - Rancher Sentenced for Possession of Child Porn Involving Dogs

Christian Clews, the operator of a Carmel Valley horse ranch, was sentenced in federal court today to 210 months in prison for possessing and distributing photographs and videos that depicted children engaged in sexually explicit activity with adults and dogs.

Clews, who pleaded guilty in July but remained ... More...
   $0 (02-16-2018 - CA)

United States of America v. Pablo Hernandez Federal Courthouses - Eastern District of Kentucky - Lexington, Kentucky

Pablo Hernandez pled guilty to conspiring to distribute
2 kilograms of cocaine. Hernandez was to receive the 2 kilograms from a larger, 28-kilogram
shipment of cocaine as payment for an outstanding debt. At sentencing, the district court held
*This decision was originally filed as an unpublished opinion on January 17, 2018. The court has now
designated the opinion for publication.<... More...
   $0 (02-16-2018 - KY)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Daryl Lynn Higdon v. United States of America Eastern District of Tennessee Federal Courthouse - Greeneville, Tennessee

Daryl Higdon was sentenced as an armed career criminal based in part on a North Carolina conviction for discharging a firearm into an occupied structure.
>
No. 17-5027 Higdon v. United States Page 2
The question here is whether that offense—which requires an application of force to an occupied structure, but not to the occupants themselves—nonetheless counts as an offense that involves... More...
   $0 (02-16-2018 - TN)

Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

United States of America v. Robert Warren Scully Western District of Texas Federal Courthouse - San Antonio, Texas

Appellant Robert Warren Scully was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme. 18 U.S.C. §§ 371, 1343, 1349. The district court later granted the Government’s motion to restrain Scully’s assets to preserve them for restitution and forfeiture. Scully was then sentenced and ordered to pay $1,206,539.94 in restitu... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

United States of America v. Ronald Miltier Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

A federal jury convicted Ronald Miltier of seven counts of receipt of child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and one count of possession of
child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Miltier argues
that the district court erred in denying his motion for judgment of acquittal based on
insufficient evidence that he knowingly receive... More...
   $0 (02-14-2018 - VA)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

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