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Administrative Law Law
 
Jerrid Allen v. Kevin M. Milas, et al. Eastern District of California Federal Courthouse - Sacramento, California

Jerrid Allen petitions under the Administrative Procedure
Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by
the U.S. Consulate in Frankfurt, Germany to deny a visa to
his wife. Allen claims that the consular officer committed
legal error in denying Mrs. Allen a visa, and that the error
was “arbitrary, capricious, . . . or otherwise not in accordance
with law.” ... More...
   $0 (07-29-2018 - CA)

George K. Young, Jr. v. State of Hawaii, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether the Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home.
I
A
George Young wishes to carry a firearm publicly for personal self-defense in the State of Hawaii. He twice in 2011 applied for a license to carry a handgun, either concealed or openly. His application was denied each ... More...
   $0 (07-29-2018 - HI)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...   $4000000 (07-29-2018 - WA)

STATE OF KANSAS v. CODY JAMES TORBOL

In June 2015, F.P. disclosed to her cousin that Torbol, her uncle, had forced her to perform oral sex on him when she was four or five years old. Her cousin told F.P. she needed to tell her mother but agreed to wait until F.P. was ready. However, after about a month, the cousin informed Mother and F.P.'s stepfather about the allegations. Mother called the Junction City Police Department to report ... More...   $0 (07-28-2018 - KS)

Landwatch San Luis Obispo County v. Cambria Community Services District

A nonprofit organization petitioned for a writ of
administrative mandate against a public agency. The
organization elected to prepare the administrative record. But
because of delays, the agency prepared the record. The agency
prevailed and moved for costs that included the costs of preparing
the administrative record and an appendix. The trial court found
the agency acted ... More...
   $0 (07-28-2018 - CA)

United States v. Angelo Goldston

Angelo Goldston was the boyfriend of Natasha Smith. On September 28, 2015, Smith was confronted in her yard by two men, brothers Calvin McGowan and Yonderez Jones, who pointed a gun at her. Shots were fired. Goldston ran toward Smith from across the yard to protect her, pushing her away from the gunfire. McGowan ran away, and Goldston chased after him.
When Goldston returned to Smith’s ya... More...
   $0 (07-27-2018 - )

UNITED STATES OF AMERICA v. LORENE CHITTENDEN

In 2013, a federal grand jury indicted Lorene Chittenden for originating and
submitting fraudulent mortgage loan applications.1 At the government’s request, the
district court restrained nearly all of Chittenden’s assets pending the outcome of the
charges. After a seven-day trial, a jury convicted Chittenden of one count of conspiracy to
commit bank and mail fraud, under 18 U... More...
   $0 (07-27-2018 - NY)

STACI SCONIERS v. UNITED STATES OF AMERICA

This case arises from a car accident that occurred on January 6, 2016, in Newark, New Jersey, between a car driven by Sconiers and a vehicle owned by USPS. About two weeks after the accident, Sconiers submitted an administrative tort claim form to USPS seeking damages for injuries that she claimed she suffered in the accident. Approximately seven months later, by letter dated July 14, 2016,... More...   $0 (07-27-2018 - NJ)

Douglas Troester v. Starbucks Corporation

Upon a request by the United States Court of Appeals for the Ninth Circuit
(Cal. Rules of Court, rule 8.548), we agreed to answer the following question:
Does the federal Fair Labor Standards Act’s de minimis doctrine, as stated in
Anderson v. Mt. Clemens Pottery Co. (1946) 328 U.S. 680, 692, and Lindow v.
United States (9th Cir. 1984) 738 F.2d 1057, 1063, apply to claims for unpai... More...
   $0 (07-27-2018 - CA)

State of Tennessee v. Larry Allen Stumbo

This case arises from the Defendant breaking into the victim’s home and raping her at gunpoint, following which he stole a television set and forced her into her vehicle and drove her to a nearby gas station. The Defendant was observed by law enforcement driving the victim’s stolen vehicle after he dropped her off at the gas station; when officers pursued the Defendant, hefailed to yield and, aft... More...   $0 (07-26-2018 - TN)

Heidi Hostettler v. The College of Wooster Northern District of Ohio Courthouse - Akron, Ohio

Heidi Hostettler was fired from the College of Wooster’s Human Resources Department when she was unable to return to work on a
>
No. 17-3406 Hostettler v. College of Wooster Page 2
full-time basis as she was recovering from postpartum depression and separation anxiety. She sued under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213 (2012); Title VII of the Civil Righ... More...
   $0 (07-26-2018 - OH)

Liz Lorena Lopez Moreno v. Jason Michael Zank Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

In this case under the Hague Convention on the Civil Aspects of International Child Abduction, a mother seeks the return of a child to Ecuador, the place
>
No. 17-2397 Lopez Moreno v. Zank Page 2
where the child had become accustomed to living, from a stay with the father in the United States that the mother, at least, intended to be temporary. Relief is available under the Convention ... More...
   $0 (07-26-2018 - MI)

Bradley A. Cardew v. Commissioner, Social Security Administration Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Bradley Cardew—a wheelchair-bound individual with quadriplegia—landed a short-term, highly accommodated summer internship with Lear Corporation thanks to his cousin, a vice president at Lear. But as James Agate once quipped,
>
No. 17-2287 Cardew v. Comm’r of Soc. Sec. Page 2
“Every good deed brings its own punishment.” This aphorism surely resonated with Cardew, though with a twist: hi... More...
   $0 (07-26-2018 - MI)

STATE OF OHIO v. NATHAN TILLEY

In May 2014, the Jackson County Grand Jury returned an indictment charging
Tilley with one count of illegal possession or assembly of chemicals for the manufacture of
drugs in violation of R.C. 2925.041(A), a felony of the third degree. Tilley, who was represented
by retained counsel, entered a plea of not guilty to the charge and filed a motion to suppress
... More...
   $0 (07-25-2018 - OH)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

John R. Stroy v. Sloan Gibson Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

John Stroy filed suit against his employer, the Department of Veterans Affairs, alleging racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964. The district court dismissed Stroy’s retaliation claim for lack of subject matter jurisdiction and granted summary judgment in favor of the VA on Stroy’s discrimination claim. For the reasons below, we AFFIRM.
I.
Joh... More...
   $0 (07-25-2018 - LA)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

Ex parte Carlos Huerta MoreLaw Performance Marketing If It Does Not Work, It Is Free!

On November 28, 2017, Huerta was arrested for an alleged Class C misdemeanor
theft offense and detained in the Lubbock County jail. Bail was not posted. On November
29, the United States Immigration and Customs Enforcement (ICE) lodged an immigration
detainer, against Huerta.1 A Department of Homeland Security administrative “warrant
for arrest of alien” also was signed. More...
   $0 (07-24-2018 - TX)

Rolando Jameson McMath v. The State of Texas Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

In his first issue, appellant argues the trial court erred in admitting the DNA report written
by Kenneth Balagot, a forensic DNA analyst with the Southwestern Institute of Forensic Sciences
(SWIFS), into evidence because the State did not produce a proper custodian or another qualified
witness to sponsor the exhibit. Appellant does not argue the DNA report does not fall within the... More...
   $0 (07-24-2018 - TX)

Troy Allen Timmins v. The State of Texas

After being involved in a car accident, appellant Troy Allen Timmins was indicted in
Bandera County for manslaughter and criminally negligent homicide. He was arrested and
subsequently released from confinement on bail. The State moved to revoke Timmins’s bail,
alleging he had used drugs in violation of the conditions of his bail bond. The trial court set a
hearing on the State... More...
   $0 (07-23-2018 - TX)

Lea Augustin v. City of Philadelphia Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w... More...   $0 (07-23-2018 - PA)

Conservatorship of the Person of S.A., Public Guardian of the County of San Luis Obispo v. S.A., Objector and Appellant

S.A. appeals an order granting the petition of the
Public Guardian of the County of San Luis Obispo (Public
Guardian) for reappointment as the conservator of her person. A
jury found beyond a reasonable doubt that she continues to be
gravely disabled as a result of a mental disorder. (Welf. & Inst.
Code,1 § 5000 et seq.; Lanterman-Petris-Short Act (LPS Act).)
S.A. contends... More...
   $0 (07-23-2018 - CA)

Conservatorship of the Person of S.A., Public Guardian of the County of San Luis Obispo v. S.A., Objector and Appellant

S.A. appeals an order granting the petition of the
Public Guardian of the County of San Luis Obispo (Public
Guardian) for reappointment as the conservator of her person. A
jury found beyond a reasonable doubt that she continues to be
gravely disabled as a result of a mental disorder. (Welf. & Inst.
Code,1 § 5000 et seq.; Lanterman-Petris-Short Act (LPS Act).)
S.A. contends... More...
   $0 (07-23-2018 - CA)

KEITH BENNETT v. CITY OF TOPEKA

Bennett worked for the City of Topeka (City). On May 19, 2015, he was assigned to work at Heartland Park in Topeka. There, he drove his Ford F-450 over a wooden pedestrian bridge and it collapsed. The back of Bennett's truck fell to the ground below the bridge and the front end of the truck stayed on the bridge.

After the accident, Bennett felt aching in his lower back as well as pain r... More...
   $0 (07-22-2018 - )

In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2015

Kansas Star is one of four state-sponsored gaming enterprises in Kansas authorized under K.S.A. 74-8733 et seq., the Kansas Expanded Lottery Act (KELA), and is located in the south central gaming zone. In 2007 the Legislature passed KELA which divided the state into four gaming zones—northeast, south central, southwest, and southeast—and authorized the Kansas Lottery to operate a single gaming fac... More...   $0 (07-22-2018 - KS)

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