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Agency Law
 
Alejandro Hernandez and Edith Roman v. Enrique Gallardo

Edith Roman owned a home in El Paso, Texas, but the lender foreclosed on the property in 2005.1 Enrique Gallardo bought the property at a foreclosure sale. In the pleadings, Roman asserts that she had an agreement with Gallardo that she could continue to reside in the home as a tenant and she could buy back the home when her financial condition improved. Alejandro
1 The factual summary is deri... More...
   $0 (10-30-2014 - TX)

Paramjeet S. Malhotra v. Robert S. Steinberg

Paramjeet and Sunita Malhotra, a married couple, filed
this qui tam action under the False Claims Act, 31 U.S.C.
§§ 3729–3733. The district court held that it lacked subject
matter jurisdiction because the Act’s “public disclosure” bar
applies. We are asked to decide whether a deposition taken
by the Office of the United States Trustee triggered the bar
and, if so... More...
   $0 (10-29-2014 - WA)

John Thorpe v. Borough of Jim Thorpe, et al.

Jim Thorpe, multi-sport Olympic gold medalist
(“Thorpe”), died in California in 1953 without a will.1 His
estate was assigned to his third wife, Patricia (“Patsy”),2 who
eventually buried him in what is now Jim Thorpe,
Pennsylvania (“the Borough”). Jim Thorpe, Pennsylvania
was a newly-formed borough that had been created from the
merger of the boroughs of Mauch ... More...
   $0 (10-28-2014 - PA)

Wayne McDonald v. Leslie Branch Wise

Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breachMore...
   $0 (10-28-2014 - CO)

Daniel Golodner v. Martin Berliner

Plaintiffs-appellees Daniel Golodner and Security Technology Systems (“STS”) brought
suit under 42 U.S.C. § 1983 alleging that the City of New London (“the City”) and two City
officials, defendants-appellants Martin Berliner and Robert Myers (“Appellants”), retaliated
against Golodner for exercising his rights under the First Amendment when he filed an earlier
lawsuit ... More...
   $0 (10-27-2014 - CT)

In re L.S., Jr., et al., Persons Coming Under the Juvenile Court Law.

J.S. (mother) and L.S. (father), parents of the minors, appeal from orders of the juvenile court denying their petitions for modification and terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395 [further undesignated statutory references are to the Welfare and Institutions Code].) The parents contend the court applied the wrong burden of proof in denying their petitions for modi... More...   $0 (10-25-2014 - )

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More...
   $0 (10-24-2014 - MA)

United States of America v. Daniel Trenton Krueger

TULSA, OKLAHOMA —Daniel Trenton Krueger, one of two leaders of the computer hacking group known as Team Digi7al, was sentenced today to serve twenty-four months in federal prison for hacking the U.S. Navy, National Geospatial-Intelligence Agency, and over 50 public and private computer systems, U.S. Attorney Danny C. Williams Sr. announced.

Krueger, 20, of Dix, Illinois, previously plea... More...
   $0 (10-22-2014 - OK)

United States of America v. Douglas Wayne Delling

DENVER, CO – Douglas Wayne Delling, age 53, of Boulder, Colorado, was sentenced last week by U.S. District Court Judge Robert E. Blackburn to serve 41 months in federal prison for failure to register as a sex offender, U.S. Attorney John Walsh and U.S. Marshal John Kammerzell announced. Following his prison sentence, Judge Blackburn ordered Delling to spend 15 years on supervised release. The de... More...   $0 (10-21-2014 - CO)

Wildearth Guardians v. United States Environmental Protection Agency

This appeal grows out of the Clean Air Act. In an effort to comply with
the statute, three states (New Mexico, Utah, and Wyoming), one city (City of
Albuquerque), and one county (Bernalillo County) adopted a regional cap-and4
trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1
Under this program, each participant obtained a ceiling on sulfur-dioxide
em... More...
   $0 (10-21-2014 - NM)

United States of America v. Brian Lee

San Diego, CA - Brian Lee of San Diego County was sentenced to 21 months in prison for embezzling over $1 million from trust accounts he had opened and managed on behalf of an elderly couple.

U.S. District Judge Barry Ted Moskowitz also ordered Lee to pay over $750,000 in remaining restitution, and commented Lee’s behavior was like “Dr. Jekyll and Mr. Hyde” as he was “little by li... More...
   $0 (10-17-2014 - CA)

United States of America v. Johannes Thaler and Rizve Ahmed a/k/a Caesar

White Plains, NY - Preet Bharara, the U.S. Attorney for the Southern District of New York , Leslie R. Caldwell, the Assistant Attorney General of the Justice Department’s Criminal Division, and Michael E. Horowitz, the Justice Department Inspector General, announced that JOHANNES THALER, and RIZVE AHMED, a/k/a “Caesar,” a native of Bangladesh and co-conspirator of THALER, pled guilty today i... More...   $0 (10-17-2014 - NY)

D.R. Horton, Inc. v. Steven M. Betsinger

This appeal arises from punitive damages proceedings on
remand after we issued our decision in Betsinger v. D.R. Horton, Inc.
(Betsinger I), 126 Nev. 162, 232 P.3d 433 (2010), a case that involved fraud
and deceptive trade practices in the context of a real estate purchase and
loan arrangement. On appeal, we consider whether the proceedings on
remand violated MRS 42.005(3), whi... More...
   $0 (10-16-2014 - NV)

The City of Sugar Land v. Leon Kaplan

Leon Kaplan sued his former employer, the City of Sugar Land, complaining of unlawful discrimination under the Texas Commission on Human Rights Act (the “Act” or “TCHRA”). Kaplan asserted a single claim of age discrimination in his original petition, but after the close of discovery, he amended his pleadings and added a claim of disability discrimination. The City filed a plea to the juris... More...   $0 (10-16-2014 - TX)

In the Matter of A. H., aka A. R., a Child.

that 10 permanency judgment, and we affirmed without opinion. Dept. of Human Services v. B. 11 R., 247 Or App 766, 274 P3d 315, rev den, 351 Or 678 (mother's petition), and rev den, 12 351 Or 761 (father's petition) (2012). DHS filed petitions to terminate mother's and 13 father's parental rights in August 2011. Approximately one year later, in August 2012, 14 the court held the annual permanency ... More...   $0 (10-15-2014 - OR)

State of Oregon v. Robert Dean Phillips

2 sexual abuse, ORS 163.427, and a number of drug-related offenses, challenging only his 3 convictions for first-degree sexual abuse. Defendant raises seven assignments of error, 4 relating to the trial court's denial of his suppression motion, various evidentiary rulings, 5 and its instruction that the jury could find defendant guilty by a nonunanimous vote. We 6 write to address only defendant's... More...   $0 (10-15-2014 - OR)

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group v. Lisa Ramirez

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group appeal the trial court’s judgment awarding Lisa Ramirez damages and attorney’s fees based on the jury’s verdict that Velazquez committed fraud.
BACKGROUND
In May 2008, the City of San Antonio issued a request for proposals “for the provision of prompt, reliable and efficient towing services for... More...
   $0 (10-15-2014 - TX)

Christine Wagner v. State of Iowa

Christine Wagner, individually and as the executor of Janice Brissey’s estate, appeals from the district court’s denial of her motion for new trial and judgment notwithstanding the verdict. She asserts the verdict is inconsistent with the facts of the case because the driver of the vehicle that struck Brissey’s car was—at least to some degree—negligent. Because we conclude that, given th... More...   $0 (10-15-2014 - IA)

Jerry Killingsworth v. The Housing Authority of the City of Dallas

This appeal arises out of Jerry Killingsworth’s contention that the Housing Authority of the City of Dallas (DHA) backed out of a deal to hire him as the DHA’s President and Chief Executive Officer. Killingsworth claims that despite having a written employment contract offering him the position, the DHA yielded to political pressure to retain then-DHA President Ann Lott and refused to allow hi... More...   $0 (10-14-2014 - )

In the Interest of M.S.L. and L.S.L., children

Appellant S.M.L. (the Father) appeals the decree terminating his parental rights to two daughters (the Children). He raises a single issue challenging the sufficiency of the evidence supporting the finding that termination is in the Children’s best interest. We affirm.
I. BACKGROUND
On November 12, 2012, the Texas Department of Family and Protective Services (the Department) filed suit f... More...
   $0 (10-14-2014 - TX)

The People v. Abraham Isaac Tubbs

Respondent Abraham Isaac Tubbs petitioned for resentencing pursuant to Penal Code section 1170.126,1 commonly referred to as the Three Strikes Reform Act of 2012 (the Act).2 (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1285, 1289 (Kaulick).) The trial court resentenced Tubbs on March 8, 2013, and ordered that Tubbs be subject to postrelease community supervision (PRCS) pursuant... More...   $0 (10-11-2014 - CA)

United States of America v. Cary J. Hudson

FORT WORTH, Texas — A former financial administrator at the Bureau of Prisons (BOP), who admitted submitting a false document to the U.S., was sentenced this morning in federal court in Fort Worth, Texas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Cary J. Hudson, 49, of Mansfield, Texas, was sentenced by U.S. District Judge John McBryde to three years p... More...
   $0 (10-10-2014 - TX)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
2
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Courtney Douglas v. Convergent Outsourcing f/k/a ER Solutions, Inc.

In this case we are asked to decide whether the disclosure of a consumer’s account number on the face of a debt collector’s envelope violates § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Section 1692f(8) limits the language and symbols that a debt collector may place on envelopes it sends to consumers. The District Court held the account number... More...   $0 (10-10-2014 - PA)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, et al. v. State of Wisconsin

The plaintiffs, Wisconsin Indian
tribes, moved the district court under Fed. R. Civ. P. 60(b)(5)
to relieve them from a final judgment on the ground that its
continued enforcement would be, in the language of the
rule, “no longer equitable.” There is no deadline for moving
for relief under this provision, though a party must move
2 No. 14-1051
within a reasonable ti... More...
   $0 (10-09-2014 - WI)

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