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Assumption of Risk Law
 
W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

United States of America v. Joseph Tigano, III Western District of New York Federal Courthouse - Buffalo, New York

2 On July 8, 2008, Joseph Tigano, III and his father, Joseph Tigano, Sr., were
3 arrested on charges related to a marijuana growing enterprise allegedly operated
4 by the two men. When Drug Enforcement Administration (“DEA”) task force
5 members executed a search warrant at the Tiganos’ residence on the morning of
6 the arrest, they discovered over 1,400 marijuana plants. On Octobe... More...
   $0 (02-01-2018 - NY)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

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)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

United States of America v. Gilbert Wayne Wiles, Jr. District of Wyoming Federal Courthouse - Cheyenne, Wyoming

The district judge aptly described this case as one “surrounded in mystery.” (R.
Vol. 2 at 160.) While the exact details remain a mystery, it is no mystery that Gilbert
Wayne Wiles, Jr., and his co-defendant Scott Lewis were up to no good.
* This order and judgment is an unpublished decision, not binding precedent. 10th
Cir. R. 32.1(A). Citation to unpublished decisions is not enco... More...
   $0 (01-30-2018 - WY)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

Billy J. Burden v. State of Indiana COURT OF APPEALS OF INDIANA

In the fall of 2015, Burden and a woman named Christina were in a
relationship and lived together with Christina’s two young children B.E. and
K.E. Christina believed that Burden was the father of four-month old K.E.; yet,
she wanted Burden to provide no care for either child, explaining, “I was their
mother.” Tr. Vol. 3 at 40. Christina testified that she provided “clothing... More...
   $0 (01-28-2018 - IN)

State of Wisconsin v. Anton R. Dorsey Anton R Dorsey - Registered Sex Offender

In a criminal action by the State, Dorsey was charged
with four crimes relating to his domestic violence toward his
then-girlfriend, C.B.: one count of strangulation and 1 The Honorable Paul J. Lenz presided.
No. 2015AP648-CR

2

suffocation under Wis. Stat. § 940.235(1) (2013-14)2;3 one count
of misdemeanor... More...
   $0 (01-27-2018 - WI)

JAMES ABRAHAM HILDRETH vs. STATE OF IOWA Iowa Court of Appeals

On December 2, 2009, Hildreth was charged by trial information with two
counts of second-degree sexual assault for sexually assaulting his fiancée’s then
six-year-old daughter. Trial was scheduled for January 7, 2010. On December
14, 2009, Hildreth’s trial attorney filed a notice of taking depositions in the case.
The prosecutor advised Hildreth’s counsel that the State woul... More...
   $0 (01-27-2018 - IA)

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)

United States of America v. Ricky Olson Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

We do not know whether Ricky Olson entered a voluntary and intelligent guilty plea on September 9, 2016, because the district court never asked the right questions. Several weeks earlier, the court had granted Olson’s motion to withdraw his guilty plea and to proceed to trial. But matters did not rest there. Instead, on September 9 the district court brought the motion to withdraw the guilty
2... More...
   $0 (01-27-2018 - WI)

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 - )

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)

Liberty Coins, L.L.C. v. David Goodman Southern District of Ohio Federal Courthouse - Columbus, Ohio

Plaintiffs Liberty Coins, LLC, and Worthington Jewelers,
Ltd., bring facial and as-applied Fourth Amendment challenges to four warrantless search
provisions in Ohio’s Precious Metals Dealers Act and the accompanying regulations: O.R.C.
§§ 4728.05(A), 4728.06, 4728.07, and Ohio Admin. Code § 1301:8-6-03(D). These laws equip
state agents and local law enforcement with the authority t... More...
   $0 (01-26-2018 - OH)

United States of America v. Randall Tyrell Steward Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Randall Steward pleaded guilty to sex trafficking of a child in violation of 18
U.S.C. § 1591. At sentencing, Steward objected to various aspects of the presentence
report. The district court sustained 1 some objections, but overruled Steward’s
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
objection to the categorization of... More...
   $0 (01-25-2018 - AR)

Toll Processing Services, LLC v. Kastalon, Inc. and Pastalon Polyurethane Products Northern District of Illinois Courthouse - Chicago, Illinois

Toll Processing Services, LLC (“Toll Processing”) appeals from the district court’s order granting summary judgment in favor of Kastalon, Inc. and Kastalon
* The Honorable Pamela Pepper, United States District Court for the Eastern District of Wisconsin, sitting by designation.
2 No. 15-3187
Polyurethane Products (collectively, “Kastalon”) on Toll Processing’s conversion and negligence... More...
   $0 (01-25-2018 - IL)

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. Lindsey Johnson Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

In this appeal, Defendant Lindsey Johnson raises several challenges to his conviction and sentence for carjacking and two related firearm offenses. We affirm in full but remand for the district court to correct a clerical error in its judgment.
I.
On the afternoon of August 2, 2015, Johnson encountered Jeremy McNeal at an apartment complex in Jackson, Mississippi. The two men’s accounts of... More...
   $0 (01-25-2018 - MS)

Alberto Ontiveros Soto v. Veronica Lemus Contreras Northern District of Texas Federal Courthouse - Dallas, Texas

Veronica Lemus Contreras (Lemus), a native and citizen of Mexico residing in the United States, challenges the denial of her grave-risk defense to Alberto Ontiveros Soto’s (Ontiveros) seeking return of their child, A.O.L., to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), 24 Oct. 1980, T.I.A.S. No. 11670, S. Treaty Doc. No. 99–11. ... More...   $0 (01-25-2018 - TX)

Eric C. Darden v. City of Fort Worth, Texas; W.F. Snow; and J. Romero Western District of Texas Federal Courthouse - Fort Worth, Texas

Fort Worth Police Officers W.F. Snow and Javier Romero arrested Jermaine Darden, a black man who was obese, while executing a no-knock warrant at a private residence. In arresting Darden, the officers allegedly threw him to the ground, tased him twice, choked him, punched and kicked him in the face, pushed him into a face-down position, pressed his face into the ground, and pulled his hands behind... More...   $0 (01-25-2018 - TX)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

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