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John Sturgeon v. Herbert Frost District of Alaska Federal Courthouse - Anchorage, Alaska

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that;1 the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on th... More...   $0 (10-02-2017 - AK)

Sandra Slater v. Michael Leslie Lake v. Michael Skelton Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

A majority of the Court has voted not to rehear en banc our decision in Lake v. Skelton, 840 F.3d 1334 (11th Cir. 2016), which held that Georgia’s sovereign immunity bars a complaint for damages against a deputy sheriff who failed to accommodate a dietary request from an inmate in a county jail in Georgia. The panel faithfully applied the arm-of-the-state test set out in Manders v. Lee, 338 F.3d 1... More...   $0 (10-01-2017 - GA)

Southern Bakeries, LLC v. National Labor Relations Board United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Some production and sanitation employees of Southern Bakeries ("Southern"
or "company") attempted several times to end their representation by the Bakery,
Confectionary, Tobacco and Grain Millers Union, Local 111 ("union"). The National
Labor Relations Board ("NLRB" or "Board") twice prevented union decertification
votes due to Southern's unfair labor practices that would have tain... More...
   $0 (09-28-2017 - MO)

Raymond Severson v. Healthland Woodcraft, Inc. United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

From 2006 to 2013, Raymond Severson worked for Heartland Woodcraft, Inc., a fabricator of retail display fixtures. The work was physically demand-ing. In early June 2013, Severson took a 12-week medical leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., to deal with serious back pain. On the last day of his leave, he underwent back surgery, which
2 No. 15-3754
re... More...
   $0 (09-27-2017 - WI)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

State of Hawaii v. Donald L. Trump

We are asked to review the district court’s modified preliminary injunction,
FILED SEP 7 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
2
which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have forma... More...
   $0 (09-08-2017 - HI)

Sara Myers, et al. v. Eric Schneiderman, et al. New York Court of Appeals Hall - Albany, New York

Plaintiffs ask us to declare a constitutional right to
"aid-in-dying," which they define (and we refer to herein) as the
right of a mentally competent and terminally ill person to obtain
a prescription for a lethal dosage of drugs from a physician, to
be taken at some point to cause death. Although New York has
long recognized a competent adult's right to forgo life-saving
... More...
   $0 (09-08-2017 - NY)

In the Interest of N.V.R., D.A.R., and J.T.R., Children

As the result of the most recent order affecting the parent-child relationships among the parents, William Runnels and Domanita Craddock-Neal, and their three children, Natasha, Jamal, and Devin,1 what previously had been essentially equal parental rights were strengthened for Domanita and weakened for William. On appeal, William argues that, in the latest hearing, the trial court erroneously admi... More...   $0 (08-31-2017 - TX)

Linda Rubenstein v. The GAP, Inc.

Plaintiff and appellant Linda Rubenstein appeals from a
judgment entered after the trial court sustained the demurrer of
defendant and respondent The Gap, Inc. (Gap) without leave to
amend. The trial court found that Rubenstein could not state
claims under our state’s Unfair Competition Law (UCL),
Business and Professions Code section 17200 et seq.; False
Advertising Law (F... More...
   $0 (08-27-2017 - CA)

Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis... More...
   $0 (08-23-2017 - PA)

Belinda Skulason v. California Bureau of Real Estate

Belinda Skulason, a real estate salesperson, brought this action against the
California Bureau of Real Estate (Bureau) alleging that it wrongfully refused to remove
from its public website a document revealing that she had been convicted of three
misdemeanors. She asserted that the Bureau was required to remove the document
because the convictions, while valid when entered, were ev... More...
   $0 (08-20-2017 - CA)

Venita Hollins v. Regency Corporation and Hayes Baton

Regency Corporation operated forprofit
cosmetology schools in 20 states. Each Regency Beauty
Institute offered both classroom instruction and practical
instruction in a “Regency Salon,” where members of the
public could receive cosmetology services at low prices.
Venitia Hollins was a Regency student, first at its Merrillville,
2 No. 15‐3607
Indiana, location, and... More...
   $0 (08-17-2017 - IL)

Equal Employment Opportunity Commission v. Union Pacific Railroad Company

Union Pacific Railroad challenges
the legal authority of the Equal Employment Opportunity
Commission to continue an enforcement action after issuing
a right to sue letter and subsequent resolution of the underlying
charges of discrimination in a private lawsuit. The EEOC
petitioned the district court to enforce its subpoena for Union
Pacific’s employment records related to ... More...
   $0 (08-17-2017 - WI)

M.L. v. Dr. Jack R. Smith, et al.

M.L., a minor, by and through his parents, Akiva and Shani Leiman, and Akiva and Shani Leiman, individually and in their capacity as M.L.’s parents (collectively, the “Plaintiffs”), appeal the district court’s denial of their motion for summary judgment under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., and the grant of summary judgment to Dr. Jack Smith,1 in... More...   $0 (08-14-2017 - MD)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class... More...   $0 (08-11-2017 - TX)

United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of ... More...
   $0 (08-05-2017 - DC)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate... More...
   $0 (07-23-2017 - CA)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Bridget Marlow v. The New Food Guy, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a
Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires
employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus
time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish paid Ms. Marlow $12 an
hour and $18 an hour for overtime. So what is the problem?... More...
   $0 (06-30-2017 - CO)

Vladek Filler v. Mary Kellett, et al. United States Court of Appeals for the First Circuit Boston, Massachusetts

This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e... More...
   $0 (06-21-2017 - ME)

Abigail Ross v. University of Tulsa United States Court of Appeals for the Tenth Circuit Denver, Colorado

The plaintiff (Ms. Abigail Ross) was allegedly raped by a fellow
student at the University of Tulsa (Mr. Patrick Swilling). The alleged rape
led Ms. Ross to sue the university for money damages under Title IX of the
Education Amendments Act of 1972. Under Title IX, universities that
receive federal financial assistance cannot discriminate on the basis of
gender. See 20 U.S.C. §... More...
   $0 (06-20-2017 - OK)

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