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Agency Law
 
United States of America v. Gregory McRae

New Orleans, LA - Fifth Circuit affirmed in part and reversed in part conviction of former New Orleans police office

In the aftermath of Hurricane Katrina, Henry Glover, a civilian, died after an encounter with a New Orleans police officer that left his severely wounded body in a car owned by William Tanner. After Glover died, another officer, Gregory McRae, with the corpse in the car, se... More...
   $0 (07-28-2015 - LA)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals... More...
   $16260332 (07-28-2015 - DE)

Jone Doe 2 v. President John W. Rosa

Charleston, SC - Fourth Circuit affirms dismissal of claim against President of The Citadel for failing to act on report of sexual abuse of two minor boys

The appellants in this consolidated appeal were the plaintiffs below, John Doe 2 and Mother Doe, on behalf of John Doe 2’s younger brother, Doe 3 (together, “the Does”).1 Beginning in 2005 and continuing through July or August 2007, Lou... More...
   $0 (07-28-2015 - SC)

Elizabeth R. Loveridge v. Tony Hall

Salt Lake City, UT - Tenth Circuit holds that bankruptcy court does not have jurisdiction without consent of parties

This case has but little to do with bankruptcy. Neither the debtor nor the
creditors, not even the bankruptcy trustee, are parties to it. True, the plaintiffs
claim they once enjoyed an attorney-client relationship with a former bankruptcy
trustee. True, they no... More...
   $0 (07-28-2015 - UT)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Ramona S. Haddad v. Secretary of Homeland Security

Grand Rapids, MI - Sixth Circuit affirms deportation of visitor to U.S. who married American citizen

Plaintiff Ramona S. Haddad sought review in federal district court of a
decision by the Board of Immigration Appeals (BIA) affirming the denial of her I-130 petition
on behalf of her alien husband, William Ayed Haddad. The district court denied Plaintiff’s
motion for summary ju... More...
   $0 (07-27-2015 - MI)

Skwe Balintulo v. Ford Motor Company

New York, NY - Second Circuit Court of Appeals blocks South Africans from suing Ford and IBM

This appeal presents the question of whether plaintiffs,
victims of South African apartheid, have plausibly alleged relevant
conduct committed within the United States that is sufficient to
rebut the Alien Tort Statute’s presumption against extraterritoriality.
We hold that they ha... More...
   $0 (07-27-2015 - NY)

In the Interest of K.T. and R.D.T., Children

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationship ... More...
   $0 (07-27-2015 - TX)

In the Interest of J.M.W.

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationship ... More...
   $0 (07-27-2015 - TX)

LVNV Funding, LLC v. Trice

Matthew Trice used a credit card to pay for some plumbing work. He apparently did not pay the credit card company the full amount due on the card. The credit card company sold its interest in the unpaid debt to LVNV. Thereafter, LVNV hired an Illinois attorney and filed a debt collection lawsuit against Trice, who proceeded pro se. On January 15, 2009, the circuit court entered judgment in the law... More...   $0 (07-26-2015 - )

United States of America v. Pamela Lee, Michael Shane Garrison, Marlon Ramon Coston

Montgomery, AL - Three Plead Guilty in Green Dot Scam Run by Alabama DOC Inmates

Pamela Lee, age 48, of Madison, Alabama, Michael Shane Garrison, age 26, and Marlon Ramon Coston, age 21, pleaded guilty in federal for their roles in a in a scheme to defraud businesses throughout the United States, announced George L. Beck Jr., U.S. Attorney for the Middle District of Alabama. Both Garris... More...
   $0 (07-26-2015 - AL)

ROCKY DIETZ V. HILLARY BOULDIN

Hillary Bouldin’s vehicle collided with Rocky Dietz’s in August 2009. Dietz subsequently filed a negligence complaint in Montana state court against Bouldin for “injuries including to his low back” and “physical pain, suffering, grief, anxiety and a loss of course of life” stemming from the accident. The case was subsequently removed to federal court.
DIETZ V. BOULDIN4 Before trial, Bouldin ... More...
   $0 (07-25-2015 - MT)

United States of America v. Jeffrey Charles Zander

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of
wire fraud, one count of money laundering, and three counts of willful failure to file
federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered
to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his
fraud. On appeal, he challenges ... More...
   $0 (07-25-2015 - UT)

Xuan Huynh v. U.S. Dept. of Transportation

Xuan Huynh brought this employment discrimination action against the
Department of Transportation ("DOT") under Title VII, 42 U.S.C. § 2000e-2, and the
Minnesota Human Rights Act, Minn. Stat. Ann. § 363A.08. Huynh, a Vietnamese
American, alleges that the DOT's Federal Aviation Administration ("FAA")
discriminated against him based on race when it terminated his employment as a
... More...
   $0 (07-24-2015 - MN)

Joseph R. Wilcox v. Wild Well Control

This appeal arises from injuries sustained by Plaintiff–Appellant Joseph R. Wilcox while welding on an offshore platform. Wilcox, an employee of Defendant–Appellee Max Welders, L.L.C., was working as the borrowed employee of Defendant–Appellee–Appellant Wild Well Control, Incorporated, a subsidiary of Defendant–Appellee–Appellant Superior Energy Services, Incorporated. Wilcox sued the Defendants u... More...   $0 (07-24-2015 - LA)

The People of the State of California v. Henry Albert Smith, Jr.

Vallejo, CA - The People of the State of California charged Henry Albert Smith, Jr., age 41, with killing a police officer during the performance of his duties, commiting the murder while fleeing from a robbery and to avoid arrest and with intentionally killing for killing Vallejo police office Jim Capoot, age 45, in 2011. Capoot was chasing Smith who was suspected of robbing the Bank of America b... More...   $0 (07-24-2015 - CA)

JILLIAN COHEN BERGERON v. NEW YORK COMMUNITY BANK

The plaintiff, Jillian Cohen Bergeron, appeals an order of the Superior Court (Delker, J.) that: (1) lifted a preliminary injunction on the
2
foreclosure sale of her home by the defendant, New York Community Bank; and (2) dismissed her case. We affirm.
The trial court found, or the record supports, the following facts. On October 25, 2006, the plaintiff executed a promissor... More...
   $0 (07-24-2015 - )

Pablo Soliz v. The State of Texas

Pablo Soliz appeals the final summary judgment rendered against him in a quo warranto proceeding. We affirm the trial court’s judgment.
Soliz was elected constable for precinct 3 of Brooks County, Texas in November 2012, and he took office on January 1, 2013. On February 27, 2014, the Attorney General of the State of Texas initiated a quo warranto proceeding against Soliz pursuant to section 6... More...
   $0 (07-24-2015 - TX)

Cain v. Jacox

In 1998, Danitra Cain gave birth to a daughter. Within a few months of the child's birth, the Kansas Department of Social and Rehabilitation Services (SRS) commenced this action in Riley County District Court. The court found that Kendyl Jacox was the child's father and ordered him to pay child support. Soon after, having finished his collegiate football career at Kansas State University, Jacox be... More...   $0 (07-24-2015 - KS)

James G. Woudenberg v. United States Depart of Agriculture

According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who are in the business of buying and selling dogs and cats may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” 9 C.F.R. §§ 1.1 and 2.132(a). Another provision requires a dealer in su... More...   $0 (07-24-2015 - MI)

In the Interest of D. L. D., Jr., L. L.S., J. J. S., H. N. S., children v. Department of Family and Protective Services

Following a bench trial, the trial court signed a judgment terminating the parent–child relationship between J.T.D. (“Mother”) and her four minor children:
2
D.L.D., L.L.S., J.J.S. and H.N.S.1 On appeal, Mother presents two issues. She claims that the evidence was not legally or factually sufficient to support the trial court’s judgment, and she alleges that the trial court engaged in misc... More...
   $0 (07-23-2015 - TX)

Toby Paul Couchman and Pro-Surv v. Elizabeth Cardona

Appellee, Elizabeth Cardona, filed suit against appellants, Toby Paul Couchman and Pro-Surv, for damages based on an allegedly incorrect land survey. Couchman and Pro-Surv filed a motion to dismiss based on Cardona’s failure to file a certificate of merit with her petition. Cardona nonsuited her claims against
2
Couchman and Pro-Surv and later filed the underlying suit based on the same un... More...
   $0 (07-23-2015 - TX)

Laurent v. PricewaterhouseCoopers LLP

The Employee Retirement Income Security Act of 1974 (“ERISA”), as
amended 29 U.S.C. § 1001 et seq., protects retirement benefits that have accrued
over the course of an employee’s tenure until that employee reaches normal
retirement age. The question in this case is how much leeway retirement plan
sponsors have to define what “normal retirement age” is, in order to avoid
payin... More...
   $0 (07-23-2015 - )

Ed Rutledge v. Hewlett-Packard Company

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga... More...   $0 (07-23-2015 - CA)

St. Clair Marine Salvage, Inc. v. Michael Bulgarelli

Defendant Michael Bulgarelli owns a
boat that ran aground in Lake St. Clair, necessitating the services of a salvage ship to
tug it free by towing it several feet. Plaintiff St. Clair Marine Salvage, Inc., alleges that the
agreed-upon price was approximately $9,000, while Bulgarelli insists he was quoted a price
range of $1,000–$1,200. The district court denied St. Clair Marine’s m... More...
   $0 (07-22-2015 - MI)

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