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Agency Law
N. D. v. Texas Department of Family and Protective Services

N.D. appeals the trial court’s order terminating her parental rights to her children,
L.D. and L.M.D, following a bench trial.1 N.D. challenges the factual and legal sufficiency of the
evidence to support the trial court’s findings as to the statutory predicate grounds and the children’s
best interest. Because we conclude that the evidence was legally and factually sufficient, we... More...
   $0 (04-16-2015 - TX)

In the Interest of D.R.F., a Child

This is an accelerated appeal from the trial court’s order terminating appellant’s parental rights to her six-year-old son, D.F.R. On appeal, appellant asserts the evidence is insufficient to support the trial court’s findings that she failed to comply with the provisions of a court order that specifically established the actions necessary for her to obtain return of D.F.R., and that termina... More...   $0 (04-15-2015 - TX)

United States of America v. Mark Ciccarello

BOISE, ID – Mark Ciccarello, 37, of Boise, Idaho, was sentenced in U.S. District Court to 37 months in prison, followed by three years of supervised release for conspiring to launder money, U.S. Attorney Wendy J. Olson announced. U.S. District Judge Edward J. Lodge also ordered Ciccarello to pay $4.5 million in asset forfeiture, and to pay a $3,000 fine. Ciccarello will self-surrender, as dire... More...   $0 (04-15-2015 - ID)

Michael E. Siluk, Jr. v. Catherine Merwin

We are asked to interpret provisions of the Prison Litigation Reform Act (“PLRA”) requiring federal prisons to withdraw certain amounts from prisoner trust accounts to pay
1 The attorneys for the appellant are appearing pro bono following a prior order granting appellant’s motion to proceed in forma pauperis. The judges of this court express our gratitude to those attorneys for accepting... More...
   $0 (04-10-2015 - PA)

Adoption of Emilio G., a minor (Oscar G. v. Andrew L.)

Andrew L. (Andrew) is the biological father of Emilio G. who was born in July 2013. Katherine O. (Katherine) is Emilio’s biological mother. Andrew and Katherine never married. Katherine became pregnant with Emilio a few months after she and Andrew began dating in August 2012. Their relationship was not smooth. By April 2013, Andrew and Katherine had broken up, with Andrew confirming the break up... More...   $0 (04-10-2015 - CA)

Skye Astinana v. The Hain Celestial Group, Inc., et al.

A product labeled “all natural” or “pure natural” likely
evokes images of ground herbs and earth extracts rather than
chemicals such as “Polysorbate 20” or “Hydroxycitronellal.”
This class action alleges that false or misleading product
labels duped consumers seeking natural cosmetics into
purchasing products that were chock-full of artificial and
synthetic ... More...
   $0 (04-10-2015 - CA)

R.D. Tips, Inc. v. Virginia Jett

R.D. Tips, Inc. appeals the trial court’s order granting summary judgment in favor
of Virginia Jett on Jett’s claim for breach of a guaranty. In two issues, Tips contends that (1) the
trial court erred by granting summary judgment because there was a genuine issue of material fact
regarding its affirmative defense that it was fraudulently induced into executing the guaranty
and... More...
   $0 (04-09-2015 - TX)

United States of America v. Gustavo Godinez

PITTSBURGH, PA - A native of Mexico, and a part-time visitor to the Los Angeles area of California, pleaded guilty in federal court to criminal charges regarding his cocaine trafficking and laundering of drug money on March 7, 2015, United States Attorney David J. Hickton announced today.

Gustavo Godinez who goes by the aliases Jorge Navarro Ochoa, Abel Acosta, Sergio Leon- Fregosa, Gusta... More...
   $0 (04-09-2015 - PA)

United States of America v. Jerry Wang

SAN JOSE- Jerry Wang, the Chief Executive Officer of Herguan University in Sunnyvale, California, pleaded guilty today in federal court to submitting false documents to the Department of Homeland Security (DHS), announced United States Attorney Melinda Haag and Tatum King, acting special agent in charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
   $0 (04-09-2015 - CA)

Donald Golden v. California Emergency Physicians

We must decide whether California law prohibits a
settlement agreement that may constrain a physician’s
freedom to practice medicine.
Donald Golden, M.D., is an emergency-room doctor
formerly affiliated with the California Emergency Physicians
Medical Group (together with other related defendants sued
in this action, collectively, “CEP”), a large consortiu... More...
   $0 (04-09-2015 - )

United States of America v. Pedro Cervantes-Urbina

PORTLAND, OR – Pedro Cervantes-Urbina, 34, originally from the State of Michoacán, Mexico, was sentenced to 80 months in prison after his federal conviction for conspiracy to distribute and possess with the intent to distribute methamphetamine. When the defendant is released from prison he will serve an additional three years of supervised release.

In March 2011, the U.S. Attorney’s... More...
   $0 (04-08-2015 - OR)

The School Board of Miami-Dade County, Florida v. Nelly Martinez-Oller

The School Board of Miami-Dade County appeals from a final judgment
entered upon a jury verdict in a negligent supervision action, arising out of a
classroom incident at Miami Killian High School, where Ericka Barbieri, a student
attending Killian, spontaneously pitched an eight pound textbook at classmate, Joel
Del Rosario, after Joel called Ericka a b----. The book fractured Joel... More...
   $0 (04-08-2015 - FL)

Ashley Jourdan Coffey v. Jean Shiomoto

A California Highway Patrol officer stopped a car driven by plaintiff Ashley Jourdan Coffey after he observed her driving erratically. Four subsequent chemical tests revealed her blood-alcohol concentration (BAC) ranged from 0.08 to 0.096 percent. The officer then confiscated plaintiff‘s driver‘s license and served her with a notice that her license would be suspended pursuant to Vehicle Code ... More...   $0 (04-06-2015 - CA)

United States of America v. Barry J. Graham and Ricky Lynn Stokes

Miami, FL - Two South Florida residents were sentenced to 60 months imprisonment, followed by three years of supervised release, by United States District Judge Jose E. Martinez, for their involvement in a fraud scheme involving vacation rental units.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Int... More...
   $0 (04-06-2015 - )

Richard J. Malouf, DDS; Richard J, Malouf, DDS, PC; and Richard J. Malouf, DDS, PA v. The State of Texas ex rel. Dr. Christine Ellis, DDS and Madelayne Castillo

This interlocutory appeal presents the issue of whether claims brought by appellees
the State of Texas and relators Dr. Christine Ellis, DDS, and Madelayne Castillo under the Texas
Medicaid Fraud Prevention Act (TMFPA), see Tex. Hum. Res. Code §§ 36.001–.132, are subject
to the expert-report requirement of the Texas Medical Liability Act (TMLA), see Tex. Civ. Prac.
& Rem. Code ... More...
   $0 (04-02-2015 - TX)

Emily Gallup v. The Superior Court of Nevada County

Defendant Superior Court of Nevada County (SCNC) appeals a jury verdict in favor of plaintiff and former employee Emily Gallup. Gallup brought this action alleging, in part, that SCNC retaliated against her in violation of Labor Code section 1102.5, subdivision (b)1 for engaging in protected activity when she complained to her
1 Further statutory references to sections of an undesignated code ... More...
   $0 (03-30-2015 - CA)

United States of America v. Arthur L. Garcia

ALBUQUERQUE, NM – Arthur L. Garcia, 23, a member and resident of Acoma Pueblo, N.M., pleaded guilty on Friday, March 27, 2015, to a voluntary manslaughter charge.

According to court filings, Garcia killed the victim, a 33-year-old Acoma Pueblo man, in the early morning hours of May 8, 2014, by throwing a weight at the victim and striking him in the head. The crime occurred during a scu... More...
   $0 (03-30-2015 - NM)

United States of America v. Benson Pete

ALBUQUERQUE, NM – Benson Pete, 74, an enrolled member of the Navajo Nation who resides in Gamerco, N.M., pled guilty to a felony information charging him with making a false statement to a law enforcement agency. Under the terms of a plea agreement with the U.S. Attorney’s Office, Pete will be sentenced to a range of 12 to 33 months in federal prison followed by a period of supervised release... More...   $0 (03-30-2015 - NM)

Deborah Herting v. California Department of Health Care Services

In this case we are called upon to examine the relationship between “special needs trusts,” which allow certain individuals to qualify for public medical assistance under the federal Medicaid program, and the provisions entitling the state to recover the amounts it has paid to provide such assistance. Deborah Herting, trustee of the Alexandria A. Pomianowski Special Needs Trust, appeals... More...   $0 (03-27-2015 - CA)

State of Oklahoma v. Summer Michelle Knight

Tulsa, OK - The State of Oklahoma charged Summer Michelle Knight, age 20, was charged with negligent homicide and traffic violations in conjunction with the traffic accident death of David Aaron Wheeler, age 39, who was killed when the motorcycle that he was riding hit it vehicle being driven by Knight when she turned left in front of him.

The amended information filed by the State allege... More...
   $0 (03-25-2015 - OK)

Betty Y. Yee v. American National Insurance Company

Consistent with unclaimed property laws nationwide that derive from a uniform act on the subject, California’s Unclaimed Property Law (the UPL; Code Civ. Proc., § 1500 et seq.)1 is remedial legislation with a dual objective. That dual objective is to end the fortuitous enrichment of holders of unclaimed property; and to return such property to its rightful owner or, if that is not possible, to ... More...   $0 (03-24-2015 - CA)

Hector Navarro v. Encino Motorcars, L.L.C.

We consider here a question of first impression for our
circuit: Are “service advisors” who work at a car dealership
exempt from the overtime pay requirements of the Fair Labor
Standards Act (FLSA) of 1938, 29 U.S.C. §§ 201–219, under
29 U.S.C. § 213(b)(10)(A), which exempts “any salesman,
partsman, or mechanic primarily engaged in selling or
servicing automobile... More...
   $0 (03-24-2015 - CA)

United States of America v. Scottron Cordell Medlock

SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Many resident was sentenced last week to 188 months in prison for distributing methamphetamine in the Sabine Parish area.

Scottron Cordell Medlock, 33, of Many, La., was sentenced Friday by U.S. District Judge Elizabeth E. Foote on one count of distribution of methamphetamine. The defendant was also sentenced ... More...
   $0 (03-23-2015 - LA)

United States of America v. Continental Carbon Company

Oklahoma City, OK – In a settlement with the United States and the states of Alabama and Oklahoma, Continental Carbon Company has agreed to install pollution control technology that will significantly cut emissions of harmful air pollutants at manufacturing facilities in Alabama, Oklahoma and Texas, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. Th... More...   $0 (03-23-2015 - OK)

United States of America v. Regina Swims-King

OXFORD, Miss. - Felicia C. Adams, United States Attorney for the Northern District of Mississippi; Donald Always, Special Agent in Charge at the Federal Bureau of InvestigationDerrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General; and Mississippi Attorney General Jim Hood announced that:

Regina Swims-King, 54, of Green... More...
   $0 (03-23-2015 - MS)

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