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Agency Law
Betty Douglas v. Fidelity National Insurance Company

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages... More...   $0 (08-29-2014 - CA)

United States ex rel. Fowler and Towl v. Evercare Hospice, Inc., et al.

WASHINGTON – The United States has partially intervened against defendants in two whistleblower lawsuits in the Federal District Court for the District of Colorado alleging Evercare Hospice and Palliative Care (Evercare) submitted false claims for the Medicare hospice benefit. Evercare is now known as Optum Palliative and Hospice Care, which provides hospice services across the United States. ... More...   $0 (08-29-2014 - CO)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

United States of America v. Daniel Lujan

ALBUQUERQUE, NM – Daniel Lujan, 24, of Las Vegas, N.M., pleaded guilty to a four-count superseding indictment, charging him with a bank robbery, the robbery of two convenience stores located in tribal communities, and the robbery of a business involved in interstate commerce occurring in two days in Aug. 2011. Under the terms of his plea agreement, Lujan will be sentenced to 144 months in priso... More...   $0 (08-28-2014 - NM)

United States of America v. Norman Stan Chee

LAS Cruces, NM – Norman Stan Chee, 22, a member of the Mescalero Apache Nation, was sentenced today in federal court in Las Cruces, N.M., to 30 months in federal prison followed by two years of supervised release for his statutory rape conviction. Chee will be required to register as a sex offender when he completes his prison sentence.

Chee was arrested in Oct. 2013, based on a crimin... More...
   $0 (08-27-2014 - NM)

Katherine A. Chmielewski v. City of St. Pete Beach, Florida

Chester J. and Katherine A. Chmielewski, the original parties in this case,1
appeal the trial court's order granting, with prejudice, the City of St. Pete Beach's motion
to dismiss their complaint for failure to state a cause of action. The Chmielewskis had
filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R.
App. P. 9.030(b)(1)(A), and reverse.<... More...
   $0 (08-27-2014 - FL)

Teamsters Local Union No. 455 v. NLRB

What happens when company and union can’t come to terms? Sometimes
the union might wish to strike, but sometimes not. What happens then — when
the union prefers work to continue? Under Supreme Court precedent employers
are often permitted to “lock out” the employees and hire temporary replacement
workers until a collective bargaining agreement is reached. But what happens i... More...
   $0 (08-27-2014 - CO)

United States of America v. Annarella Garcia

Miami, FL - A co-owner of Professional Medical Home Health LLC was sentenced today to serve 70 months in prison and ordered to pay $6.2 million in restitution for her participation in a health care fraud scheme involving the now defunct home health care company.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justic... More...
   $0 (08-26-2014 - FL)

United States of America v. Abel Sanchez-Leon a/k/a Raul Marez-Ortiz, a/k/a Joel Lopez

Drug Enforcement Agency (“DEA”) officers searched Mr. Sanchez-Leon’s home,
where they discovered methamphetamine, firearms, and cash. A federal grand jury
charged Mr. Sanchez-Leon with violating various federal drug laws. On the first day of
trial, he changed his plea to guilty. He later moved to withdraw his guilty plea, which the
district court denied. The district court se... More...
   $0 (08-25-2014 - CO)

Robert L. Kroenlein v. Gray Bruce Kirchhefer

The Robert L. Kroenlein Trust owns and operates J&B Liquors, a business
in Torrington, Wyoming. In 2005, a salesman for one of J&B’s beer distributors,
Gary Kirchhefer, began stealing beer from J&B’s account and reselling the stolen
beer to other bars and liquor stores in Wyoming, including those owned by the
defendants. One of the owners of J&B discovered Kirchhefer’s theft ... More...
   $0 (08-25-2014 - WY)

Larry Long v. Miken Oil, Inc. and Mike Tate

This cause originated as a suit by Miken Oil, Inc. and Mike Tate (Appellees or Plaintiffs), to recover operating expenses they incurred in the operation of three oil and gas leases in Gregg County, Texas. The case was tried on Appellees’ claim that they and Appellant, Larry Long (also Defendant), were cotenants of the three leases and that, as the operating cotenants, Appellees were entitled to ... More...   $0 (08-24-2014 - TX)

The People v. Borzou Bo Baniani

Defendant, a founding member of a medical marijuana cooperative, was charged with a sale of marijuana (Health & Saf. Code, §§ 11360, subd. (a); all further undesignated statutory references are to this code) and possession of marijuana for sale (§ 11359). The first jury was unable to reach a verdict, splitting six to six on the sales charge and nine to three for not guilty on the possession for... More...   $0 (08-22-2014 - CA)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega... More...
   $0 (08-22-2014 - TX)

United States of America v. Soo Kyung Hong

LOS ANGELES, CA – A Los Angeles woman was sentenced today to three years in federal prison for orchestrating a scheme that led to the fraudulent purchase of four properties worth more than $2 million.

Soo Kyung Hong, who also used the name “Maria Hong,” 48, a resident of the Miracle Mile section of Los Angeles, was sentenced today by United States District Judge John F. Walter. In a... More...
   $0 (08-21-2014 - CA)

The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte... More...   $0 (08-21-2014 - CA)

In the matter of A.W., a proposed patient

Appellant, A.W., a minor, appeals from the trial court’s order committing her to the San Angelo State Supported Living Center (SSLC) to receive care, treatment, and training for a period of twelve months. We reverse and remand.
Background Facts
A.W. is sixteen years old. Her mother is deceased. The parental rights of her father have been terminated. The Texas Department of Family and Pro... More...
   $0 (08-21-2014 - TX)

In the interest of S.L., Jr. and C.I.L., children

The trial court entered an order in which it terminated the parental rights of the mother and father of S.L., Jr. and C.I.L. The mother appeals.1 We affirm.
The mother presents two issues for review. In these issues, she asserts that the evidence is legally and factually insufficient to support the finding that termination is in the best interest of the children.
1We note that t... More...
   $0 (08-21-2014 - TX)

In the Interest of K.P., K.P. and K.P.

After a bench trial, the trial court entered an order which terminated the parental rights of N.C. (Mother) and A.P. (Father) to their daughters, K.P., K.P., and K.P.1 See Tex. Fam. Code Ann. § 161.001 (West 2014).2 In this appeal of the judgment terminating their parental rights, Mother raises three issues and Father raises seven issues.
1We identify the minor children by initials to protect... More...
   $0 (08-21-2014 - TX)

United States of America v. Hong Jae Kim, aka “Randy Kim”

DALLAS, TX — Hong Jae Kim, aka “Randy Kim,” 45, was sentenced today by U.S. District Judge Jane J. Boyle to 10 years in federal prison and ordered to pay $1,795,125 in restitution for his nearly two-year role in a scheme to launder mortgage fraud proceeds, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

A felony information was filed in February 2013 cha... More...
   $0 (08-21-2014 - TX)

In the Interest of: A.W., et al.

A jury terminated the parental rights of Laura Traylor (“Mother”). On appeal, Mother argues the evidence is legally and factually insufficient to support the jury’s finding that termination is in the best interest of her two children. We affirm the trial court’s judgment.
Mother’s daughter, A.W., was born on August 7, 2002, and her son, J.W., was born on February 13, 2... More...
   $0 (08-21-2014 - TX)

Crystal Ann Harris v. Virginia Vanegas

The trial court appointed Virgina Vanegas (“Grandmother”) sole managing conservator
of D.L. and C.V. (together, “Children”) and appointed Crystal Harris (“Mother”) possessory
conservator. In a single issue, Mother asserts the trial court erred in awarding managing
conservatorship to Grandmother. We affirm the trial court’s judgment.
The Children, born i... More...
   $0 (08-21-2014 - TX)

Laurie Faye Walker v. Brad Vincent Walker

Laurie Faye Walker appeals the trial court’s order denying her petition for bill of review to set aside her 2008 divorce decree. Representing herself, appellant brings two issues contending that (1) there were numerous “procedural defects” in the bill of review proceeding and underlying divorce case requiring reversal and (2) the underlying divorce decree was void because the trial court lac... More...   $0 (08-21-2014 - TX)

In the Interest of C. R. M., A. L. T., and L. N. T., Children

Appellant, T.L.M., challenges the trial court’s termination of her parental rights to A.L.T. and L.N. T. 1 In her sole issue on appeal, T.L.M. argues that the
1 T.L.M. does not challenge the portion of the trial court’s order regarding C.R.M. None of the fathers or the grandparents who intervened are parties to this appeal.
evidence was legally and factually insufficient to suppo... More...
   $0 (08-21-2014 - TX)

United States of America v. Moises Soto

Bangor, ME - United States Attorney Thomas E. Delahanty II announced that Moises
Soto, 53, formerly of Corpus Christi, Texas, was sentenced to 4 years in prison for
conspiracy to manufacture more than 1,000 marijuana plants and harboring an illegal alien. Soto
pled guilty to the charges on July 30, 2013.

Soto’s conviction stems from his involvement in large, sophisticated ma... More...
   $0 (08-20-2014 - ME)

United States of America v. Michael G. Johnson

DALLAS, TX — Michael G. Johnson, 46, formerly of Fort Worth, Texas, was sentenced late yesterday, by U.S. District Judge Barbara M. G. Lynn, to 28 months in federal prison and ordered to pay $354,529 in restitution, following his guilty plea in January 2014 to felony offenses stemming from an investigation by the Environmental Protection Agency (EPA) into violations of the Clean Air Act. The ann... More...   $0 (08-20-2014 - TX)

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