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Americans with Disability Act Law
 
Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - CA)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peńa sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peńa sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

United States of America v. Richard Cundari Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Doylestown Man to Pay $307,500 to Resolve Civil False Claims Allegations That He Illegally Received Federal Disability Benefits While Concealing Substantial Other Income

Richard Cundari, of Doylestown, Pennsylvania, has agreed to pay $307,500 to resolve civil fraud claims under the False Claims Act. The government’s claims concern allegations that Cundari applied for an... More...
   $307500 (01-14-2018 - PA)

STATE OF OHIO vs. DEANDRE T. CARZELLE

On March 1, 2016, Carzelle, along with his cousin, traveled to the scene of
the crime to confront some people with whom he had a conflict. Carzelle brought a gun
with him and shot twice across a roadway towards Dequantai Cross (“Cross”). Cross
was in a barbershop at the time of the shooting. One of the bullets hit Cross in the face.
Carzelle was subsequently arrested and ch... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. ERIC M. MCNEIR

On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. CARLOS BINFORD

A grand jury indicted Binford in multicount indictment as follows: Count 1,
felonious assault in violation of R.C. 2903.11(A)(1); Count 2, felonious assault in
violation of R.C. 2903.11(A)(2); Count 3, having weapons while under disability in
violation of R.C. 2923.13(A)(3); and Count 4, improperly handling firearms in a motor
vehicle in violation of R.C. 2923.16(B). The felo... More...
   $0 (01-13-2018 - OH)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

STATE OF MISSOURI v. DAVID HYGRADE

On September 1, 2015, Officer Jennifer Nemeth and her partner Officer David Wilson
responded to a call of shots fired at a residence. They arrived in a marked police vehicle wearing
uniforms. Officer Nemeth observed five people on the front porch, including Defendant, who
went into the house. According to Officer Nemeth, Defendant was holding his right arm against
his right sid... More...
   $0 (01-09-2018 - MO)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

James Boyd v. ConAgra Foods, Inc. Eighth Circuit Courthouse - St. Louis, Missouri

James Boyd, a former employee of ConAgra Foods, Inc., brought this action
pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Boyd
seeks to recover severance benefits under an ERISA plan that guarantees these
benefits when ConAgra, in certain circumstances, materially reduces an employee’s
position, duties, or responsibilities. Boyd alternatively claims that ... More...
   $0 (01-08-2018 - MO)

Ashley Gerstner v. Nancy A. Berryhill Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ashley Gerstner challenges the
denial of her application for disability insurance benefits and
supplemental security income. An administrative law judge
found that she was severely impaired by anxiety, bipolar
disorder, panic disorder, depression, and fibromyalgia, and
that these impairments were not disabling. Gerstner contends
that the ALJ erred in assigning too little we... More...
   $0 (01-08-2018 - WI)

Yasas Rodrigo v. Carle Foundation Hospital, d/b/a Carle Foundation Houston & Family Medical Residenced Central District of Illinois Federal Courthouse - Urbana, Illinois

Yasas Rodrigo sued his employer,
Carle Foundation Hospital (“Carle”), for violations of the
Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.
(“Act”). The district court granted summary judgment in favor
of Carle on Rodrigo’s claims for disability discrimination,
failure to provide a reasonable accommodation, and retaliation.
Rodrigo appeals and we affirm.
I.More...
   $0 (01-08-2018 - IL)

T.J. Simers v. Los Angeles Times Communications, LLC

In March 2013, plaintiff T.J. Simers was a well-known and
sometimes controversial sports columnist for Los Angeles Times
Communications, LLC (The Times or defendant). He had held
that position since 2000, receiving uniformly favorable and often
exceptional performance reviews from defendant. On March 16,
2013, plaintiff, then 62 years old, suffered a neurological event
with... More...
   $0 (01-06-2018 - CA)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

STATE OF OHIO v. JARELLE N. GUICE

Late one evening, Mr. Guice ignored a police officer’s signal to stop his car and
led the officer on a brief car chase. At the time, Mr. Guice was the subject of a BOLO (“be on
the lookout”) because he had threatened his ex-girlfriend several hours earlier. The chase ended
when Mr. Guice, having driven to the duplex community where his ex-girlfriend was staying,
crashed his c... More...
   $0 (01-01-2018 - OH)

David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The ... More...   $0 (01-01-2018 - MS)

STATE OF OHIO v. KYLE MCDOWELL

On October 13, 2014, HB reported that she had been raped by
McDowell on October 11, 2014. Trial Tr. 296-298. HB and McDowell had both
attended the same high school and had known each other for some time. Id. at 413,
417. On the evening of October 11, 2014, McDowell was house sitting for his
neighbors and invited HB to come visit with him at his neighbor’s house. Id. at 744... More...
   $0 (12-31-2017 - OH)

STATE OF OHIO v. TONY L. SCOTT

This case arises from the September 30, 2013, shooting death of Dominque
Gentry. On that date, Gentry and his friend, David Banks, were in Gentry’s vehicle.
Gentry was driving a black Chevrolet Tahoe and Banks was in the passenger seat. At
approximately 7:28 p.m., they arrived at the All-in-One gas station located in Dayton.
Gentry went into the building, made a purchase,... More...
   $0 (12-31-2017 - OH)

STEVEN DEAN MCLAREN v. THE STATE OF WYOMING McLaren Sentenced For Five Felony Counts

Mr. McLaren owned 57 cats. He and his girlfriend, Jennifer Evans, referred to the cats as their “kids” or “the kid.” On March 10, 2014, one of Mr. McLaren’s exotic Savannah kittens, Cameo, was sick, so he and Ms. Evans took it to a veterinary clinic for treatment. Mr. McLaren testified that he had injected “somewhere between a quarter and a third of a gram” of methamphetamine right before he no... More...   $0 (12-30-2017 - WY)

Melissa Koch v. Mack Trucks, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Eston, PA - Jury Finds In Favor of Mack Employee and Awards Her $675,000

Melissa Koch, age 50, sued Mack Trucks, Inc. on an employment discrimination theory under 42 U.S.C. 2000e claiming that she was discriminated against because of her sex and disability at Mack where she worked for 20 years. She claimed that she was passed over for more than 60 promotions that she applied for.
More...
   $675000 (12-30-2017 - )

STATE OF KANSAS v. BRADLEY S. STANLEY

In the early hours of August 14, 2015, Womack was receiving treatment at the Ottawa County Health Center after being beaten by her boyfriend at the time, Stanley. When Deputy Aaron Zeigler arrived at the hospital, he was initially unable to recognize Womack due to the bruising and swelling of her face. In assessing Womack, Zeigler noted her nose was bleeding, her mouth had blood around it, and th... More...   $0 (12-29-2017 - KS)

Christopher Steven Painter v. The State of Texas Man arrested for sex assault of a disabled person

In Appellant’s first issue, he argues that the evidence is insufficient to sustain his conviction because there was insufficient evidence to prove that Appellant used force or that the victim was unable to comprehend or resist the assault. In his second issue, Appellant contests the constitutionality of Section 22.011(b)(4) of the Texas Penal Code, which he argues is unconstitutional both on its ... More...   $0 (12-28-2017 - TX)

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