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State Compensation Jnsurance Fund v. Worker's Compensation Appeals Board and Jose A. Guzman

Respondent Jose A. Guzman, a construction laborer, was operating a compactor
when he was injured. The compactor, which is used to pack down soil, hit a rock while
Guzman was working on a hillside with a 45-degree slope. The compactor rose in the air,
caused Guzman to fall backwards, and then fell on top of him. The workers’
compensation judge (WCJ) determined that Guzman sustained ... More...
   $0 (02-24-2018 - CA)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

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)

UNITED STATES OF AMERICA, EX REL. LAURENCE SCHNEIDER, ET AL. AND LAURENCE SCHNEIDER v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL. U.S. Court of Appeals - D.C. Circuit

Appellant Laurence Schneider – also called a Relator – brought a qui tam suit under the False Claims Act against JPMorgan Chase, alleging that Chase falsely claimed compliance with a Settlement it, and a number of other large banks, reached with the United States and state governments. The Settlement – and it is a massive one, costing Chase alone $1.1 billion of cash and over $4.2 billion of in-k... More...   $0 (01-09-2018 - DC)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

In the Interest of H.C.C, a Child

In nineteen issues, appellant, R.C.C., Jr. (Father), is appealing a final judgment naming him and appellee, W.J.M.C. (Mother), as their child’s joint managing conservators and granting Mother the exclusive right to determine the child’s primary residence. We modify Father’s child support obligation and affirm the trial court’s order as modified.
2
Background
Mother and Father were divo... More...
   $0 (12-21-2017 - TX)

STATE OF NEW JERSEY v. AKEEM BOONE

In this appeal, we consider whether a warrant application
that did not include evidence as to why a specific apartment
unit should be searched fell short of establishing probable
cause for the search of that apartment, in violation of the
Fourth Amendment of the United States Constitution and Article
I, Paragraph 7 of the New Jersey Constitution.
Defendant Akeem Boone... More...
   $0 (12-21-2017 - NJ)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

Mark French v. Blair Jones Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Montanans select their judges through nonpartisan
popular elections. In an effort to keep those elections
nonpartisan, Montana has restricted judicial-campaign
speech. One of those restrictions is before us—a rule that
prohibits candidates from seeking, accepting, or using
political endorsements in their campaigns. Mark French, a
judicial candidate who wishes to seek and us... More...
   $0 (12-09-2017 - MT)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

United States of America, ex rel. Kenneth J. Conner v. Amrish K. Mahajan Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

After losing his job at Mutual Bank, Kenneth
Conner brought this qui tam action claiming that the defendants,
most of them directors or officers of the bank, had
defrauded the government in violation of the False Claims
2 No. 17‐1162
Act, 31 U.S.C. §§ 3729–3733. The United States declined to
take over the qui tam action, which Conner eventually settled.
But the Fe... More...
   $0 (12-05-2017 - IL)

UNITED STATES OF AMERICA, EX REL ANTHONY R. SPAY v. CVS CAREMARK CORPORATION; CAREMARK RX UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Part D of the Medicare program is a voluntary prescription drug benefit program that subsidizes the cost of prescription drugs and prescription drug insurance premiums for Medicare enrollees.2 The Part D program operates as a public-private partnership between the Centers for Medicare and Medicaid Services (“CMS”) and government contractors. CMS contracts with private insurance companies called “S... More...   $0 (12-03-2017 - PA)

Priscila N. v. Leonardo G.

In this case, we hold the family court has jurisdiction under
Family Code section 6345, subdivision (a) to renew domestic
violence restraining orders (DVROs) initially granted by the
juvenile court, the same conclusion reached by Division Eight of
this district in Garcia v. Escobar (Nov. 15, 2017, B279530) ___
Cal.App.4th ___ [2017 Cal.App. Lexis 1005].) In sum, we
conclude... More...
   $0 (12-01-2017 - CA)

Janice Dickinson v. William H. Cosby, Jr., Martin D. Singer

Plaintiff Janice Dickinson went public with her accusations
of rape against William H. Cosby, Jr. Cosby, in turn, through his
attorney, Martin Singer, reacted with (1) a letter demanding
media outlets not repeat Dickinson’s allegedly false accusation,
under threat of litigation (“demand letter”); and (2) a press
release characterizing Dickinson’s rape accusation as a lie (“pres... More...
   $0 (11-27-2017 - CA)

The Ninetieth Minnesota State Senate, et al. vs. Mark B. Dayton,  in his official capacity as Governor of the State of Minnesota Minnesota Gov. Mark Dayton

On May 25, 2017, the Ninetieth Minnesota State Senate and the Ninetieth Minnesota
State House of Representatives (collectively, the Legislature) each adjourned sine die,
ending the special session that began on May 23, 2017. On May 30, 2017, the Governor
vetoed line-item appropriations to the Legislature for its biennial budget. The Legislature
commenced this action, contendi... More...
   $0 (11-23-2017 - MN)

United States of America, ex rel. Anthony R. Spay v. CVS Caremark Corporation Third Circuit Court of Appeals - Philadelphia, Pennsylvania

We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality.1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. A... More...   $0 (11-23-2017 - )

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

Robert Klem v. Access Insurance Company

APPEAL from an order of the Superior Court of San Diego County, Joel R.
Wohlfeil, Judge. Reversed and remanded with directions.
Morris, Manning & Martin, Lewis E. Hassett; Boss Law Firm and Daniel R. Salas
for Defendants and Appellants.
Day Law Offices and Montie Stowell Day for Plaintiff and Respondent.
Robert Klem sued Access Insurance Company (Access Insurance) and AccessMore...
   $0 (11-22-2017 - CA)

EARNEST DURANT V. DISTRICT OF COLUMBIA GOVERNMENT E. Barrett Prettyman U.S. Courthouse and William B. Bryant Annex

Earnest Durant, Jr. began his career with the Department in July 1983 and was subsequently terminated on July 2, 2010. During his tenure at the Department, Durant was promoted to the position of Criminal Investigator, DS-1811-11, with the Department’s Warrant Squad, whose headquarters were located at 300 Indiana Avenue NW. The Warrant Squad was responsible for obtaining warrants for, locating, and... More...   $0 (11-21-2017 - DC)

COMMONWEALTH vs. J.A., a juvenile. Massachusetts Supreme Judicial Court

The following facts are taken from the
testimony presented to the grand jury. In August, 2015, when
the juvenile was fourteen years old, he tortured a friend's dog
by shoving a soap dispenser pump into the dog's vagina,
1 Unlike a delinquent child, who is subject to rehabilitative penalties and remedies, a "youthful offender" is subject to penalties that... More...
   $0 (11-20-2017 - MA)

Amber Gascho v. Global Fitness Holdings Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The contempt power ensures that the judiciary’s mandates are
authoritative rather than advisory. But an imperious judiciary is just as problematic as a
powerless one. So the contempt power is limited: A party cannot be held in contempt unless it
has violated a definite and specific court order. Exactly when a court order becomes definite and
specific is the question of this appeal.... More...
   $0 (11-16-2017 - OH)

Maria G. Garcia v. Gilbert Escobar

“A ‘juvenile court’ is a superior court exercising limited
jurisdiction arising under juvenile law.” (In re Chantal S. (1996)
13 Cal.4th 196, 200.) “ ‘[F]amily court’ refers to the activities of
one or more superior court judicial officers who handle litigation
arising under the Family Code. It is not a separate court with
special jurisdiction, but is instead the superior court... More...
   $0 (11-16-2017 - CA)

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