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Sherida Felders v. Brain Bairett and Jeff Malcom Tenth Circuit Courthouse - Denver, Colorado

This is a 42 U.S.C. § 1983 case; the single issue presented involves the costs to
be awarded Plaintiffs after they prevailed at trial against Defendant Brian Bairett.
Ordinarily prevailing parties can recover litigation costs from their opponent. See
Fed. R. Civ. P. 54(d)(1). But Fed. R. Civ. P. 68 allows “a party defending against a
claim” to limit his liability for the other side... More...
   $0 (03-10-2018 - UT)

Ming Dai v. Jefferson B. Sessiona III Northern District of California Federal Courthouse - San Francisco

Ming Dai is a citizen of China. He testified that he was
beaten, arrested, jailed, and denied food, water, sleep, and
medical care because he tried to stop the police from forcing
his wife to have an abortion. The Board of Immigration
Appeals (BIA) nevertheless found that Dai was not eligible
for asylum or withholding of removal.
There is one clear and simple issue in this ... More...
   $0 (03-09-2018 - CA)

Edward Munro v. Department of Motor Vehicles

I. TRIAL COURT PROCEEDINGS
A. MUNRO’S ARREST
According to police reports in the administrative record, an officer responded to a
report of a midnight single-vehicle collision. The officer saw a Porsche SUV on the edge
of the road moving forward and back a few feet in each direction; one front tire was
missing and the wheel’s rim and brake system were extensively damaged. Munro ... More...
   $0 (03-08-2018 - CA)

United States of America v. James Larry McNeal Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Defendants James Larry McNeal and Alphonso Stoddard were
convicted by a jury and sentenced in the Eastern District of
Virginia for conspiracy, armed bank robberies, and brandishing
firearms during crimes of violence. On appeal, McNeal and
Stoddard jointly challenge the sufficiency of the evidence
supporting their convictions on the brandishing offenses.
Separately, McNeal p... More...
   $0 (03-04-2018 - VA)

Evan Weiss v. The People ex rel. Department of Transportation


Plaintiffs sued defendants People ex rel. Department of Transportation
(CalTrans), and Orange County Transportation Authority (OCTA; collectively,
Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway
sound wall the Agencies built directly across the freeway from Plaintiffs’ homes
increased the noise and dust Plaintiffs experienced, interfered with ... More...
   $0 (03-04-2018 - CA)

John Doe v. Eric Holcomb Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

John Doe, whose legal name is Jane
Doe,1 is a transgender man residing in Marion County, Indiana.
Though Doe is originally from Mexico, the United States
granted him asylum in 2015 because of the persecution he
might face in Mexico for being transgender. But this suit arises
out of Doe’s treatment in the United States. He alleges that he
faces harassment and discrimination ... More...
   $0 (03-02-2018 - IN)

Walter Shuker; Vivian Shuker v. Smith & Nephew, P.L.C.; Smith & Nephew, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

United States of America v. Shanice Goffe District of Connecticut Federal Courthouse - Hartford, Connecticut

Hartford, CT - New Haven Woman Sentenced to 30 Months in Federal Prison for Marijuana Trafficking, Money Laundering

Shanice Goffe, 32, of New Haven, was sentenced yesterday by U.S. District Judge Alvin W. Thompson in Hartford to 30 months of imprisonment, followed by three years of supervised release, for her role in a marijuana trafficking and money laundering conspiracy.

Accord... More...
   $0 (03-02-2018 - CT)

Mary B. Valencia v. City of Springfield, Illinois Central District of Illinois Federal Courthouse - Springfield, Illinois

Plaintiffs allege the City of Springfield
(“Springfield” or “the City”) unlawfully discriminated
against three disabled individuals when it ruled they could
no longer occupy a single-family residence located within 600
feet of an existing disabled group home. Finding that plaintiffs
possessed a reasonable likelihood of success on the merits,
the district court granted them ... More...
   $0 (03-01-2018 - IL)

United States of America v. David N. Barnes Southern District of Illinois Courthouse - East St. Louis, Illinois

David Barnes appeals his sen-tence. He argues that the district court incorrectly calculated his Guidelines range by counting a local ordinance violation for “Smoking Marihuana at a Public Park” in his criminal history score. Because Barnes has waived this argument, we affirm the district court.
2 No. 17-2574
I.
In 2010, Barnes pleaded guilty to several offenses related to the distribu... More...
   $0 (03-01-2018 - IL)

Andrea J. Mosby-Meachem v. Memphis Light, Gas & Water Division Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Following trial, a jury
found in favor of Mosby-Meachem on her claim for disability discrimination and awarded her
compensatory damages. The district court also granted Mosby-Meachem’s motion f... More...
   $0 (02-26-2018 - TN)

Tony Muro v. Cornerstone Staffing Solutions, Inc. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Plaintiff Tony Muro entered into an employment contract with defendant
Cornerstone Staffing Solutions, Inc. (Cornerstone). The contract included a provision
requiring that all disputes arising out of Muro's employment with Cornerstone to be
resolved by arbitration. It also incorporated a class action waiver provision. In response
to Muro's present action, which was styled as a prop... More...
   $0 (02-25-2018 - CA)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-23-2018 - NJ)

United States of America v. DAniel Colby, Jr.

Following a two-day jury trial,
Defendant Daniel Colby, Jr. was convicted of a single count of
possession of a firearm by a prohibited person in violation of 18
U.S.C. § 922(g)(1). In calculating Colby's sentence, the district
court applied a two-level enhancement for possession of a stolen
gun, a four-level enhancement for using a gun in connection with
another felony, and... More...
   $0 (02-22-2018 - ME)

Linda Stout, et al. v. Jefferson County Board of Education Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal requires that we revisit the decades-old task of school desegregation. A racial desegregation order issued in 1971 still governs the Jefferson County Board of Education in Alabama. But beginning in 2012, residents of the City of Gardendale, a predominantly white community in Jefferson County, sought to create a separate, municipal school system. Leaders of a grassroots movement used so... More...   $0 (02-21-2018 - )

United States of America v. Michael Herrold Northern District of Texas Federal Courthouse - Dallas, Texas

Three decades ago, Congress set the courts upon a new course for the sentencing of federal defendants, moving away from a long-in-place system that gave wide discretion to federal judges to impose sentences from nigh no prison time to effective life sentences.
* Judges Willett and Ho joined the court after this case was submitted and did not participate in the decision.
United States Court... More...
   $0 (02-20-2018 - TX)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

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)

Michael Lee Smith v. The State of Oklahoma Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

¶1 Appellant, Michael Lee Smith, was tried by a jury in Wagoner County District Court, Case No. CF-2014-451, and convicted of Count II: Possession of Controlled Dangerous Substance in the Presence of a Minor, After Former Conviction of Two or More Felonies, in violation of 63 O.S.Supp.2012, § 2-402(C); and Count III: Unlawful Possession of Drug Paraphernalia, in violation of 63 O.S.2011, § 2-405.1... More...   $0 (02-15-2018 - OK)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... 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)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

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)

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