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Leopoldo N. Leon v. Nancy A. Berryhill District of Arizona Federal Courthouse - Phoenix, Arizona

The credit-as-true analysis has evolved in our circuit over
time, thus providing a challenge for application by the district
court. The rule itself permits, but does not require, a direct
award of benefits on review but only where the administrative
law judge (ALJ) has not provided sufficient reasoning for
rejecting testimony and there are no outstanding issues on
which fur... More...
   $0 (01-29-2018 - AZ)

United States of America v. Marc Biggs Southern District of Illinois Courthouse - East St. Louis, Illinois

The district court sentenced Skylar D. Henshaw,
a career offender, to five years’ probation–a sentence
151 months lower than the bottom end of his guidelines
range and 57 months lower than the sentence recommended
 Of the Northern District of Illinois, sitting by designation.
2 No. 17‐1628
by Henshaw’s counsel. Because we find this departure substantively
... More...
   $0 (01-28-2018 - IL)

Matthew Warciak v. Subway Restaurants, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Should courts apply federal or state
law to decide whether a contract’s arbitration clause binds a
non-signatory? In Scheurer v. Fromm Family Foods LLC, we held
* The Honorable Sara Darrow, United States District Court for the Central
District of Illinois, sitting by designation.
2 No. 17-1956
that courts should apply state law. 863 F.3d 748, 750 (7th Cir.
2017). We rei... More...
   $0 (01-27-2018 - IL)

Ricky Lee Smith v. Commissioner of Social Security Eastern District of Kentucky Courthouses

Ricky Lee Smith filed an application for supplemental
security income resulting from disability. A hearing was conducted before an administrative law
judge (“ALJ”). The ALJ issued an unfavorable decision, finding that Smith was not disabled
under the Social Security Act. The notice of decision stated that Smith had sixty days to file a
written appeal with the Appeals Council if he ... More...
   $0 (01-26-2018 - KY)

United States of America v. Pierre Azor District of Maine Federal Courthouse - Portland, Maine

Appellant Pierre Azor
("Appellant") appeals the district court's denials of his motions
for suppression and severance, and claims that his sentence of
thirty-six months of imprisonment is substantively unreasonable.
After review, we find that the district court properly denied his
motion to suppress and did not abuse its discretion in denying his
motion to sever. Additional... More...
   $0 (01-26-2018 - )

United States of America v. Jamal Bowens and Lee Hope Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Memphis, TN - Federal Jury Convicts Two Gang Members with being unlawful users of Controlled Substance in Possession of Firearms

After a two and a half-day trial, a jury has convicted two gang members of illegally possessing firearms.

According to the information presented at trial, on May 27, 2017, detectives with the Multi-Agency Gang Unit were conducting patrols at the Breath... More...
   $0 (01-26-2018 - TN)

David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

United States of America v. Kenneth E. Fairley Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously a... More...   $0 (01-25-2018 - MS)

Rogelio Aleman Garcia v. Nancy A. Berryhill, Acting Commissioners of Social Security Southern District of Texas Courthouse - Houston, Texas

Rogelio Garcia appeals the district court’s decision to deny disability benefits
he sought from the Social Security Administration (“SSA”). Because the
decision is supported by substantial evidence, we affirm.
I.
In January 2012, Garcia applied for disability insurance benefits under
42 U.S.C. § 423 as of January 1, 2007, based on hearing loss and post-traumatic
stress diso... More...
   $0 (01-25-2018 - TX)

United States of America v. Maria Del Rosario Alvarez Southern District of Texas Courthouse - Houston, Texas

Maria Del Rosario Alvarez appeals the district court’s sentence requiring her to obtain mental health treatment as a special condition of supervised release. Because the district court committed reversible error in imposing this special condition without the statutorily required factual findings, we VACATE the challenged condition and REMAND for proceedings consistent with this opinion.
I.
... More...
   $0 (01-25-2018 - TX)

United States of America v. Gross Williams Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Defendant-Appellant Gross Williams appeals the district court’s rulings denying his motions to suppress. For the following reasons, we affirm.
I. Facts & Procedural History
Defendant-Appellant Gross Williams was convicted in 2012 in Iberville Parish on state charges of distributing marijuana and placed on five years of probation. Conditions of Williams’s probation included permitting home ... More...
   $0 (01-25-2018 - LA)

United States of America v. DJO Global, Inc. District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - California Medical Device Company To Pay $7.62 Million To Resolve Allegations That Its Subsidiary Billed Tricare For Excessive, Unnecessary Supplies

DJO Global Inc. (DJO), a medical device company headquartered in Vista, California, has agreed to pay $7.62 million to resolve allegations that its subsidiary, Empi Inc. (Empi), a now-defunct medical device company based in ... More...
   $7620000 (01-24-2018 - MN)

The People of the State of Colorado v. David Bueno David Bueno murder conviction vacated: Carol Chambers's office hid evidence, says David Lane

Michael Snyder, a white inmate at the Limon Correctional Facility (“LCF”), told
his wife in a recorded phone conversation that he had been ordered to stab another
inmate. The next day, Jeffrey Heird, another white inmate at LCF, was found stabbed
to death in his cell. Snyder would later tell investigators that Heird was the man he had
been ordered to kill.
¶5 Immediately... More...
   $0 (01-23-2018 - CO)

United States of America, ex rel. Steve Greenfield v. Medco Health Solutions, Inc., et al. District of New Jersey Federal Courthouses

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig... More...   $0 (01-23-2018 - NJ)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

United States of America v. David E. Gorski District of Massachusetts Federal Courthouse - Boston, Massachusetts

A jury in the District of
Massachusetts convicted David Gorski of conspiring between late
2005 and 2010 to defraud the United States, in violation of 18
U.S.C. § 371, by knowingly procuring government contracts for his
construction company on the false premise that the company was
owned and controlled by military veterans who became disabled in
connection with their militar... More...
   $0 (01-22-2018 - MA)

United States of America v. Joseph J. Erves Northern District of Georgia Federal Courthouse - Atlanta, Georgia

Atlanta, GA - Senior MARTA executive sentenced to federal prison for causing MARTA to pay $500,000 for work never performed

Joseph J. Erves was sentenced on January 16, 2018 to two years, nine months in federal prison for orchestrating a false invoicing scheme that resulted in MARTA paying more than $500,000 for maintenance work that was never performed and for then funneling most of that... More...
   $0 (01-22-2018 - GA)

L.M.P. v. School Board Broward, et al. Southern District of Florida Courthouse - Miami, Florida

This Individuals with Disabilities Education Act (“IDEA”) case comes before this Court after a twelve-year battle by two sets of parents on behalf of their children to receive the specific therapy they believed their children deserved. Beginning in 2005, Appellant L.M.P., a mother of triplets acting individually and on her children’s behalf, sought the aid of the courts to force Appellee School Bo... More...   $0 (01-21-2018 - FL)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER M. HARRIS

In February 2015 Gregory Swiger and Catherine Richard were walking to a liquor store when they came upon Christopher Harris. Swiger and Harris got into an argument, and Swiger stated that he was going to "whip [Harris'] butt." Swiger did not follow through on the threat, however, because he did not want to get in any trouble. Swiger testified that as he started to walk away, Harris pulled out a kn... More...   $0 (01-19-2018 - KS)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

State of Florida v. James Krey Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Convicts Cop On Extortion Charge

The States of Florida charged James Krey, age 30, with extortion for threatening to send nude photos of his former girlfriend to his girlfriend to their colleagues on a Florida police force.

Charges:

Z03/10/2015 1 (F2) Extortion / Threats
Date Filed: 11/16/2015
Current Statute: (CF2)836.05
Filing Typ... More...
   $0 (01-18-2018 - FL)

Ryan Boucher v. Finance System of Green Bay, Inc. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Plaintiffs sued defendant, a debt col-lection agency, for violations of the Fair Debt Collection Prac-tices Act (“FDCPA”). Specifically, plaintiffs allege that de-fendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dis-missed plaintiffs’ claims because the challenged statement ... More...   $0 (01-17-2018 - WI)

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