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Burden of Proof Law
 
Dalia Rojas v. HSBC Card Services, Inc.

APPEAL from a judgment of the Superior Court of San Diego County, Earl H.
Maas III, Judge. Reversed and remanded with directions.

In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of
action against defendants HSBC Card Services Inc. and HSBC Technology & Services
(USA) Inc. (together HSBC) based on HSBC's alleged violations of Rojas's right toMore...
   $0 (02-10-2018 - CA)

Seanlim Yith and Seak Leang Yith v. Kristen Nielsen, et al. Eastern District of California Federal Courthouse - Fresno, California

Seanlim and Seak Leang Yith appeal from the district
court’s dismissal of their complaint requesting adjudication
of their naturalization applications pursuant to 8 U.S.C.
§ 1447(b). Relying on 8 U.S.C. § 1429, the district court
concluded that the Yiths were precluded from obtaining any
relief because they were concurrently in removal proceedings.
See 8 U.S.C. § 1429 (prov... More...
   $0 (02-09-2018 - CA)

State of Missouri v. Gregory Allen Heidbrink Warren County Courthouse - Warrenton, Missouri

Gregory Alan Heidbrink (Appellant) appeals from the trial court’s judgment
entered after a jury trial convicting him of receiving stolen property. We affirm in part,
reverse in part, and remand for resentencing.
Factual and Procedural Background
The State charged Appellant, as a prior and persistent offender, with one count of
receiving stolen property, a class C Felony, in vio... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

State of Missouri v. Vicki Leann Gilmore St. Clair County Courthouse - Osceola, Missouri

Vicki Gilmore appeals her conviction of the class C felony of possession of a
controlled substance, arguing insufficient evidence supports her conviction. Following a
jury trial, Gilmore was found guilty and sentenced to seven years in prison. The circuit
court suspended the execution of the sentence and placed her on probation for five years.
Because there was insufficient evidenc... More...
   $0 (02-08-2018 - MO)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o... More...
   $0 (02-08-2018 - )

United States of America v. Mark Arlin Hammerschmidt District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Mark Arlin Hammerschmidt (Mark) pleaded guilty to two counts of conspiracy
to defraud the United States in violation of 18 U.S.C. § 286 and was sentenced to 135
months’ imprisonment. Ornella Angelina Hammerschmidt (Ornella) pleaded guilty
to one count of making false claims for refunds in violation of 18 U.S.C. § 287 and
was sentenced to 48 months’ imprisonment. The Hammerschmidts ... More...
   $0 (02-08-2018 - MN)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

United States of America v. Peteris Sahurovs aka Piotrek and Sagade The Leading Provider of Fully Equipped, Ready To Use Office Space worldwide. 1-877-317-8269

Minneapolis, MN - Latvian National Pleads Guilty to “Scareware” Hacking Scheme That Targeted Minneapolis Star Tribune Website

A Latvian man pleaded guilty on February 6, 2018 in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website.

Peteris Sahurovs aka Piotrek and Sagade, 28, pleaded guilty to o... More...
   $0 (02-07-2018 - MN)

United States of America v. Cynthia Fletcher, et al. v. State of Mississippi and Simpson County School District Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in... More...   $0 (02-06-2018 - MS)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

United States of America v. Talman Harri Northern District of Ohio Courthouse - Cleveland, Ohio

Talman Harris appeals his criminal convictions and sentences,
arguing that the district court erred by: (1) barring Harris from impeaching a government
>
No. 17-3087 United States v. Harris Page 2
witness; (2) admitting government summary evidence; (3) giving an inaccurate jury instruction
with regard to a stockbroker’s fiduciary duties; and (4) failing to investigate potential... More...
   $0 (02-06-2018 - OH)

Steven Mora v. Webcor Construction, L.P.

California Labor Code section 226, subdivision (a) (Section 226(a)), requires
employers to provide employees wage statements itemizing, among other things, all
wages earned, including the hours worked and applicable rates of pay. Plaintiff and
appellant Steven Mora (appellant) contends defendant and respondent Webcor
Construction, L.P. (respondent) violated Section 226(a) by faili... More...
   $0 (02-06-2018 - CA)

Jana Davidson, et al. v. Fairchild Controls Corporation Southern District of Texas Courthouse - Houston, Texas

Two of the plaintiffs were injured when oil from an airplane’s air cycle machine leaked into the cabin, causing smoke and fumes to fill the cockpit during their flight. The plaintiffs brought suit against several defendants. The district court granted summary judgment to defendant Fairchild Controls Corporation on a design-defect claim due to a lack of adequate expert testimony that a feasible alt... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Grand Mesa Pipeline LLC v. Donna Elizabeth Ward Payne County Courthouse - Stillwater, Oklahoma

Stillwater, OK - Grand Mesa Pipeline LLC used Donna Elizabeth Ward on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by her for the construction of a pipeline.

Docket
Date Code Description Count Party Amount
08-17-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
08-17-2015 CONDEMN ... More...
   $0 (02-05-2018 - OK)

Amy Thomas v. Nancy A. Berryhill, Acting Commissioner of Social Securty Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Amy Thomas was thirty-four years old, the mother of a four-year-old son, and
in the process of divorcing her second husband. A high-school graduate, she lived on
her own, cared for herself and her indoor dog and cat, tended her home, managed her
finances, and led a more-or-less independent life. She had custody of her son every
other week and would care and provide for him as well,... More...
   $0 (02-05-2018 - AR)

United States of America v. Bruce H. Niggemann Northern District of Illinois Courthouse - Chicago, Illinois

In the summer of 2014, investigators in the Kane County Sheriff’s Office discovered that an IP address was using specialized peer-to-peer software to share child pornography over the internet. They gave this infor-mation to special agents in the Department of Homeland Security, who in turn identified Bruce Niggemann as the owner of the IP address. The agents obtained and executed a search warrant ... More...   $0 (02-05-2018 - IL)

Dana Jennifer Engstrom v. James McCarthy

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman... More...
   $0 (02-05-2018 - AZ)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

A.H. v. Illinois High School Association Northern District of Illinois Courthouse - Chicago, Illinois

A.H., a senior at Evanston Township
High School, is a member of the school’s track and field team
despite his physical limitations from spastic quadriplegia
related to cerebral palsy. During his junior year, he requested
that the Illinois High School Association (IHSA) create a
2 No. 17‐2456
separate division with different time standards for paraambulatory
runner... More...
   $0 (02-02-2018 - IL)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

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