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Agency Law
 
The State of Texas v. Matthew Akin

It is alleged that on June 3, 2014, Akin slapped a disabled resident (“the Resident”)
at the Corpus Christi State Supported Living Center where Akin was employed. Matthew
Baird of the Department of Family and Protective Services (“DFPS”) opened an
investigation into the incident. According to Baird’s report on the matter, he conducted
fourteen interviews and reviewed video an... More...
   $0 (02-04-2016 - TX)

Daniel Lee Ainsworth v. The State of Texas

The merits of the three cases were jointly tried to the bench on April 27, 2015.
Appellant refused court-appointed counsel and represented himself.
At trial, Peek’s neighbor testified that on the night of February 27, 2014, she
heard “bloodcurdling screams” and looked out her apartment window. She saw Peek
sitting on the sidewalk. Appellant was “beating her over the head” ... More...
   $0 (02-04-2016 - TX)

Jane E. Norton v. Rocky Mountain Planned Parenthood, Inc.

Plaintiff, Jane E. Norton, sued defendants, Rocky Mountain
Planned Parenthood, Inc. (PP), Governor John W. Hickenlooper,
Susan E. Birch in her capacity as Executive Director of the
Colorado Department of Health Care Policy and Financing, and
Larry Wolk in his capacity as Executive Director of the Colorado
Department of Public Health and Environment (CDPHE). She has
a... More...
   $0 (02-03-2016 - CO)

Sara L. Burnett v. State of Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation.

In this case, we address whether the government waived its immunity for
injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped
below in a designated campsite in Cherry Creek State Park. The answer turns on
whether the tree was a “natural condition of . . . unimproved property” under section
24-10-106(1)(e), C.R.S. (2014), of the Colorado Governme... More...
   $0 (02-02-2016 - CO)

INTERSTATE EXPLORATIONS v. MORGEN FARM AND RANCH, INC

Morgen leased oil and gas rights on a portion of its property to Montana Oil
Properties, Inc. Morgen owns the surface rights to the property. Montana Oil Properties
later assigned its interest in the lease to Interstate, who drilled and completed a well on
the Morgen property.
¶4 In July 2014, Interstate initiated this lawsuit, alleging that Morgen “has refused to
exec... More...
   $0 (02-02-2016 - MT)

Whirlpool Corp. v. United States

Commerce issued the Orders in May 2011. Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 Fed. Reg. 30,650 (Int’l Trade Admin.
May 26, 2011) (“AD Order”);Aluminum Extrusions from the People’s Republic of China:
Countervailing Duty Order, 76 Fed. Reg. 30,653 (Int’l Trade Admin. May 26, 2011) (“CVD
Order”). Plaintiff filed a request for a scope ... More...
   $0 (02-01-2016 - NY)

STATE OF NEW JERSEY VS. GEORGE FERMISCO

Defendant George Fermisco was originally indicted in
Middlesex County Indictment No. 10-05-0779 (the first
indictment), which charged him and twenty-six others with
various conspiracies involving the possession and distribution
February 1, 2016
A-3875-13T1 2
of controlled dangerous substances (CDS), and substantive CDS
and weapons offenses. That indictment was d... More...
   $0 (02-01-2016 - NJ)

Jeffery Turner v. The State of Wyoming

In 2010, the district court in Albany County sentenced Turner to four to nine years of imprisonment on a larceny conviction. On March 2, 2012, the Department of Corrections (DOC) transferred him as a pre-parole inmate to a community corrections facility in Laramie County.1 Inmates at the community corrections facility are required to hold jobs in the community. Five weeks after his tranfer, on... More...   $0 (02-01-2016 - WY)

Tulips Investments, LLC v. State of Colorado

At issue in this case is judicial enforcement of an administrative investigatory
subpoena for documents of a corporation located outside of Colorado that is suspected
of conducting business within Colorado in violation of its two leading consumer
protection statutes.1 Tulips Investments, LLC (“Tulips”) is a Delaware corporation the
State of Colorado contends is conducting a lo... More...
   $0 (02-01-2016 - CO)

HYMAS v. US

Beginning in the 1970s, the Service entered into CFAs with farmers to manage public lands in the National Wildlife Refuge System for the conservation of migratory birds and wildlife, including at the Umatilla and McNary Refuges in the Pacific Northwest.1 See id. at 469–70.
1 The Umatilla Refuge covers more than 22,000 acres “within the upper reach of Lake Umatilla in Benton County, Washing... More...
   $0 (01-31-2016 - DC)

PFIZER, INC., A DELAWARE CORPORATION, WYETH HOLDINGS CORPORATION, A MAINE CORPORATION v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

A patent has a term of twenty years from the patent application’s effective filing date. 35 U.S.C. § 154(a)(2). Thus, an issued patent’s twenty-year term is measured from the filing date of the parent patent application. An issued patent’s enforceable life thus depends on the length of the PTO’s examination of a patent application. To account for any undue delays in patent examination caused b... More...   $0 (01-31-2016 - VA)

In re Carrington H. et al.

This appeal arises from a petition to terminate the parental rights of Vanessa G. (―Mother‖) to her minor child Carrington. By the time the Tennessee Department of Children‘s Services (―DCS‖) filed the petition on October 24, 2013, it had been providing services to Carrington‘s family for ten years.2 Mother‘s entire history with DCS is not included in the record on appea... More...   $0 (01-30-2016 - TN)

United States of America v. Nicholas DeRose

Little Rock, AR - Clinton Man Sentenced To 20 Years For Sexual Exploitation Of A Minor By A Parent

Nicholas DeRose, age 44, of Clinton, was sentenced to 240 months or 20 years in federal prison for Sexual Exploitation of a Minor by a Parent.

On August 2, 2013, HSI Special Agents located a photo-sharing profile named "dadof2dau" sharing child pornography images of a minor female. ... More...
   $0 (01-29-2016 - AR)

United States of America v. Todd Dale Malaki

San Diego, CA - U.S. Navy Officer Sentenced to 40 Months in Prison for Selling Classified Ship and Submarine Schedules as Part of Navy Bribery Probe

U.S. Navy Lieutenant Commander Todd Dale Malaki was sentenced in federal court to 40 months in prison for accepting cash, hotel expenses and the services of a prostitute in return for providing classified U.S. Navy ship and submarine schedul... More...
   $0 (01-29-2016 - CA)

Rosalie Simon v. Republic of Hungary

This case arises out of one of humanity’s darkest hours. In the summer of 1944, upon the arrival of German troops in Nazi-allied Hungary, the Hungarian government implemented an accelerated campaign to deport Hungarian Jews to Nazi death camps for extermination before the War’s end. At the outset of the War, the Jewish population in Hungary numbered more than 800,000. By the end of the War, mo... More...   $0 (01-29-2016 - DC)

In re: Idaho Conservation League, et al.

Congress enacted CERCLA “to promote the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts were borne by those responsible for the contamination.” Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA “‘broad power to command government agencies and private parties... More...   $0 (01-29-2016 - DC)

United States of America v. Aarayana Leigh Malcolm

Spokane, WA - Spokane Woman Sentenced to Fifteen Years in Federal Prison for Her Role in Violent Drug Trafficking Organization

Aarayana Leigh Malcolm, age 46, of Spokane, Washington, was sentenced after having previously pled guilty on October 24, 2014 to Possession with Intent to Distribute 50 Grams or More of Pure Methamphetamine. United States District Court Judge Thomas O. Rice senten... More...
   $0 (01-28-2016 - WA)

United States of America v. Michael Vannak Khem Misiewicz

San Diego, CA - Navy Commander Pleads Guilty to Accepting Cash and Prostitutes in International Bribery Scheme

U.S. Navy Commander Michael Vannak Khem Misiewicz pleaded guilty to bribery charges in federal court, admitting that he gave classified ship schedules - including those that contained information related to the U.S. Navy’s ballistic missile defense operations in the Pacific - to ... More...
   $0 (01-28-2016 - CA)

United States of America v. Dr. William Bailey

San Diego, CA - Local Physician Convicted of Eight Counts of Tax Evasion After Earning Over $1 Million

A federal jury convicted Dr. William Bailey, a local physician of osteopathic medicine, on eight counts of tax evasion.

According to evidence presented at trial, between 2004 and 2011 Bailey earned over $1.1 million in compensation for his services as a physician at two differen... More...
   $0 (01-28-2016 - CA)

State of Wisconsin v. Melisa Valadez

This is an appeal from an order of the Circuit Court
for Walworth County, David M. Reddy, Judge. The circuit court
denied the motion of the defendant, Melisa Valadez, to withdraw
her guilty pleas.
¶3 Ms. Valadez's motion to withdraw her guilty pleas is
based on Wis. Stat. § 971.08(2) (2011-12).2 Before we examine
§ 971.08(2), we examine § 971.08(1)(c). Wisconsin ... More...
   $0 (01-28-2016 - WI)

United States of America v. Manuel Garcia Navarro

Sacramento, CA - Tenth and Final Defendant from Butte County Methamphetamine Trafficking Organization Sentenced to Federal Prison

Manuel Garcia Navarro, 33, of Fresno, was sentenced by United States District Judge Kimberly J. Mueller to two years in prison for conspiring to distribute methamphetamine.

According to court documents, Navarro was a methamphetamine courier. On June 29... More...
   $0 (01-27-2016 - CA)

Taylor v. Colorado Dept of Health Care

The Medicaid program is a federal-state joint venture that provides
medical assistance to low-income individuals like one of the plaintiffs, Ms.
Leslie Taylor. This assistance is provided to Ms. Taylor through two
programs administered in Colorado. One program subsidizes the cost of
attendants who provide in-home care; the other program compensates
recipients for mileage w... More...
   $0 (01-27-2016 - CO)

Columbian Financial Corp. v. Stork

Amidst the 2007–2008 financial crisis, the Office of the State Bank
Commissioner of Kansas declared The Columbian Bank and Trust Company
insolvent, seized the bank’s assets, and appointed the Federal Deposit
Insurance Corporation as receiver. The FDIC then sold many of the bank’s
assets. Columbian Financial Corporation, the bank’s sole shareholder, sued
the state bank comm... More...
   $0 (01-27-2016 - KS)

Main Street Legal Services v. National Security

On appeal from a judgment entered in the Eastern District of New York 
(Vitaliano, J.) dismissing plaintiff’s complaint for failure to state a claim under 
the Freedom of Information Act (“FOIA”), plaintiff challenges the district court’s 
olding that the National Security Council is not an “agency” subject to the 
FOIA.  5 U.S.C. §§ 551(1), 552(f)(1). 
AFFIRMED.    Judge WESLE... More...
   $0 (01-26-2016 - NY)

UNITED STATES OF AMERICA v. CAROLYN BLAKE, A.K.A. CAROL BRADSHAW

Pursuant to Rule 11(c)(1)(A) and (B) of the Federal Rules of Criminal Procedure, the United States of America and the Defendant, CAROLYN BLAKE, agree as follows:

Plea and Maximum Sentence

1. The Defendant is entering into this agreement and is pleading guilty freely and voluntarily without promise or benefit of any kind, other than contained herein, and without threats, force, ... More...
   $0 (01-26-2016 - TX)

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