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Agency Law
 
Kelly Ellis v. Lubbock County Hospital District d/b/a University Medical Center

Appellant Kelly Ellis sued appellee Lubbock County Hospital District d/b/a University Medical Center (the hospital) under the Texas Whistleblower Act1 and Health and Safety Code section 161.134.2 The trial court sustained the hospital’s plea to the jurisdiction and dismissed Ellis’s entire case.3 We will affirm the order of the trial court.
1 TEX. GOV’T CODE ANN. §§ 554.001-.010 (West ... More...
   $0 (11-19-2014 - TX)

Kelly Ellis v. Lubbock County Hospital District d/b/a University Medical Center

Appellant Kelly Ellis sued appellee Lubbock County Hospital District d/b/a University Medical Center (the hospital) under the Texas Whistleblower Act1 and Health and Safety Code section 161.134.2 The trial court sustained the hospital’s plea to the jurisdiction and dismissed Ellis’s entire case.3 We will affirm the order of the trial court.
1 TEX. GOV’T CODE ANN. §§ 554.001-.010 (West ... More...
   $0 (11-19-2014 - TX)

United States of America v. Michael Levitis

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MICHAEL LEVITIS, the owner of MISSION SETTLEMENT AGENCY (“MISSION”), was sentenced in Manhattan federal court to 108 months in prison in connection with a multimillion-dollar scheme that victimized more than 1,200 financially struggling people across the country. MISSION was also sent... More...   $0 (11-19-2014 - MA)

United States of America v. Christopher Jason Kidd

ALBUQUERQUE, NM – Christopher Jason Kidd, 38, of Clovis, N.M., pleaded guilty to participating in a methamphetamine trafficking conspiracy. Under the terms of the plea agreement, Kidd will be sentenced to 78 months in federal prison followed by five years of supervised release.

Kidd and three co-defendants, Tina Tafoya, 33, and John Jesse Perez, Jr., 45, both of Clovis, N.M., and Jean... More...
   $0 (11-19-2014 - )

Patsy Ohea Copeland v. Carolin W. Colvin, Acting Commissioner of Social Security

Plaintiff-Appellant Patsy Copeland brought this action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of the Commissioner of Social Security’s administrative decision that Copeland is not disabled as defined by the Act. Specifically, the Commissioner found that Copeland was not entitled to disability insurance benefits (DIB) and supplemental security i... More...   $0 (11-17-2014 - TX)

Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu... More...   $0 (11-13-2014 - CA)

In the Interest of S.R., S.R. and B.R.S., children

In these consolidated appeals, both D.R. (the Father) and D.S. (the Mother) appeal from the decree terminating their parental rights to three children, S.R. (Scott), S.R. (Sally), and B.R.S. (the Baby) (collectively, the Children).1 The Father raises three issues challenging the sufficiency of the evidence supporting the trial court’s termination findings and the failure to appoint counsel for h... More...   $0 (11-13-2014 - TX)

United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake... More...
   $0 (11-12-2014 - ok)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...
   $0 (11-10-2014 - NM)

State of Oklahoma v. Tiger Hobia

We once again address the subject of Indian gaming and, following the lead
of the Supreme Court’s recent decision in Michigan v. Bay Mills Indian Cmty.,
134 S.Ct. 2024 (2014), emphasize that any federal cause of action brought
pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act
(IGRA) to enjoin class III gaming activity must allege and ultimately establ... More...
   $0 (11-10-2014 - OK)

United States of America v. Loreena Ann Yazzie

ALBUQUERQUE, NM – Loreena Ann Yazzie, 27, an enrolled member of the Navajo Nation who resides in Durango, Colo., pled guilty in federal court in Albuquerque, N.M., to a child abuse charge.

Yazzie was arrested on April 7, 2014, on a criminal complaint alleging an assault charge. According to the criminal complaint, Yazzie injured an infant who was a passenger in a vehicle she was drivi... More...
   $0 (11-07-2014 - NM)

United States of America v. Fanderick Chiquito

ALBUQUERQUE, NM – Fanderick Chiquito, 23, an enrolled member of the Navajo Nation who resides in Upper Fruitland, N.M., was sentenced to 16 months in federal prison for his involuntary manslaughter conviction. Chiquito will be on supervised release for three years after completing his prison sentence.

Chiquito was arrested on Dec. 31, 2013, on a criminal complaint alleging that he kille... More...
   $0 (11-07-2014 - NM)

Amanda Pope v. Daniel and Donna Grace, et al.

Repairs to the foundation of a dune walkover structure triggered this legal dispute, one in which two beachfront residential property owners, Amanda Pope and Anastasia, Inc., contest a final order of the Secretary of the Department of Environmental Protection (DEP), which held that a permit for the repairs was unnecessary. At issue is whether DEP’s interpretation of section 161.053(11)(b), Flori... More...   $0 (11-06-2014 - FL)

Nadia Garcon v. Florida Agency For Health Care Administration

We accepted jurisdiction to review the Third District Court of Appeal’s decision in Garcon v. Agency for Health Care Administration, 96 So. 3d 472 (Fla. 3d DCA 2012), based on express and direct conflict with Smith v. Agency for Health Care Administration, 24 So. 3d 590 (Fla. 5th DCA 2009), and Roberts v. Albertson’s, Inc., 119 So. 3d 457 (Fla. 4th DCA 2012), on the issue of whether a plaintif... More...   $0 (11-06-2014 - FL)

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc.

Visiting Nurse Association of Florida, Inc., seeks review of the decision of the Fourth District Court of Appeal in Jupiter Medical Center, Inc. v. Visiting Nurse Ass’n of Florida, Inc., 72 So. 3d 184 (Fla. 4th DCA 2011), on the ground that it expressly and directly conflicts with a decision of the Fifth District Court of Appeal in Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, In... More...   $0 (11-06-2014 - FL)

United States of America v. John Greene

ALBUQUERQUE, NM – John Greene, 70, a former captain at the Gallup-McKinley Adult Detention Center (GMADC), entered a guilty plea to charges related to the sexual assaults of female inmates in his custody. Greene pleaded guilty to three counts of violating each of the victim’s right to bodily integrity by engaging in sexual contact against their will. Greene also pleaded guilty to two counts ... More...   $0 (11-06-2014 - NM)

United States of America v. Agilent Technologies, Inc.

SAN FRANCISCO, CA – Agilent Technologies, Inc. has agreed to pay the government $849,678 to resolve allegations that it submitted false claims to the United States in connection with the sale of electronic measurement instruments, United States Attorney Melinda Haag and Defense Criminal Investigative Service Special Agent in Charge Chris Hendrickson announced today.

In March 2013, Agile... More...
   $0 (11-05-2014 - CA)

Bobby Thompson v. Petaluma Police Department

Bobby Thompson appeals from a judgment of dismissal after the trial court
sustained a demurrer to his complaint against the Petaluma Police Department and the
City of Petaluma (the City)1 without leave to amend. He contends that Vehicle Code
section 14602.6 (section 14602.6) violates state and federal procedural due process and
that the City’s enforcement of the statute violates ... More...
   $0 (11-04-2014 - CA)

State of Oklahoma v. Thomas Anthony (Tony) Cooper

Tulsa County, OK - The State of Oklahoma charged Thomas Anthony (Tony) Cooper, age 31, with:

Count # 1.
Count as Filed: SWIK, SHOOTING WITH INTENT TO KILL , in violation of 21 O.S. 652A
Date Of Offense: 02/06/2014

THOMAS ANTHONY COOPER, on or about 2/6/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of SHOOTING WI... More...
   $0 (11-04-2014 - OK)

United States of America v. Susan Xiao-Ping Su

SAN FRANCISCO, CA – Susan Xiao-Ping Su was sentenced to 198 months in prison, ordered to forfeit $5.6 million, and to pay $904,198.84 in restitution arising from a visa fraud scheme that she carried out in her role as the Founder, Chief Executive Officer, and President of Pleasanton-based Tri-Valley University, announced United States Attorney Melinda Haag and Tatum King, Acting Special Agent in... More...   $0 (11-03-2014 - CA)

Albert Thoas Paulek v. California Department of Water Resources

Plaintiff and appellant Albert Thomas Paulek appeals the denial of his petition for a writ of mandate under the California Environmental Quality Act (CEQA). He seeks a writ directing defendant and respondent California Department of Water Resources (Department) to vacate its approval of the final environmental impact report (EIR) with
2
respect to the Perris Dam Remediation Project. In its... More...
   $0 (10-31-2014 - CA)

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)

Gwendolyn Baker v. Airguid Manufacturing, LLC

The plaintiff below, Gwendolyn Baker, appeals a final summary judgment
entered in favor of the defendant, Airguide Manufacturing, LLC (“Airguide”),
based on the trial court’s ruling that Airguide was entitled to workers’
compensation immunity. Because we find the trial court correctly found that
Airguide was entitled to immunity under section 440.11(2) of the Florida Statut... More...
   $0 (10-29-2014 - FL)

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)

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