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Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

State of Minnesota vs. Thomas Michael Luby South St. Paul murder suspect claims self-defense in stabbing

Thomas Luby was charged with second-degree intentional murder in connection
with the stabbing death of his girlfriend K.A. See Minn. Stat. § 609.19, subd. 1(1)
(requiring an intentional killing). A grand jury subsequently indicted Luby for first-degree
premeditated murder. See Minn. Stat. § 609.185(a)(l) (requiring a premeditated and
intentional killing).
At trial, Luby... More...
   $0 (12-06-2017 - MN)

STATE OF IOWA vs. DARRYL B. SHEARS Iowa Court of Appeals

In this appeal of a restitution order, we are asked to resolve whether it is
foreseeable that police officers would end a high-speed chase of the van driven by
Darryl Shears by hitting his van with their police vehicles. Because we find such
actions foreseeable, we affirm the restitution order.
On February 11, 2016, the City of Davenport filed a restitution claim for More...
   $0 (12-06-2017 - IA)

United States of America v. Darryl Jackson Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Guns have the potential to make a bad
situation worse. In light of that reality, the United States Sentencing Guidelines (“U.S.S.G.” or
“Guidelines”) prescribe harsher penalties for defendants who have “used or possessed any
No. 16-2415 United States v. Jackson Page 2
firearm or ammunition in connection with another felony offense.” U.S.S.G. § 2K2.1(b)(6)(B).
This case pr... More...
   $0 (12-06-2017 - MI)

Diana Nieves Noel v. Thrifty Payless, Inc.

Plaintiff James A. Noel bought an inflatable swimming pool at defendants’
drugstore that turned out to be much smaller than the pool pictured on the box. He sued
defendant Thrifty Payless, Inc. on behalf of himself and similarly situated individuals,
alleging defendants violated the Consumers Legal Remedies Act (Civ. Code, § 1750 et
seq.) (CLRA), Unfair Competition Law (Bus. & Prof... More...
   $0 (12-05-2017 - CA)

Debvra Cherkaoui v. City of Quincy District of Massachusetts Federal Courthouse - Boston, Massachusetts

Debra Cherkaoui ("Cherkaoui"
or "Plaintiff") appeals from the district court's grant of summary
judgment in favor of her former employer, the City of Quincy,
Massachusetts ("City" or "Defendant"), on her claims of employment
discrimination, retaliation, and constructive discharge. She
argues that the district court erred by adopting the magistrate
judge's Report and Recomme... More...
   $0 (12-04-2017 - MA)

THE PEOPLE OF THE STATE OF NEW YORK v DUONE MORRISON State of New York Supreme Court, Appellate Division Third Judicial Department

In August 2007, defendant was charged by indictment with, among other crimes, attempted murder in the second degree based on the accusation that, with the intent to cause the death of the victim, defendant shot the victim in the head and body on June 10, 2007. Following a jury trial, defendant was convicted of attempted murder in the second degree and another crime, and that conviction was upheld... More...   $0 (12-03-2017 - NY)

The People of the State of New York v. Stan XuHui Li Pain Clinic Doctor Is Sentenced in Overdose Deaths of 2 Patients

Defendant was a physician specializing in pain management. In 2004, he opened a pain management clinic in Queens. According to the People, the clinic was nothing more than a "pill mill" catering to people who were hopelessly addicted to pain medicine, primarily opioids. The People's evidence showed that, despite having been trained in the wide variety of methods for identifying legitimate pain and... More...   $0 (12-02-2017 - NY)

Joseph Curry v. Yelp, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs Joseph Curry, individually and on behalf of all
others similarly situated, and Miami Fire Fighters’ and
Police Officers’ Retirement Trust appeal the district court’s
dismissal with prejudice of Plaintiffs’ securities fraud
complaint for failure to state a claim. Plaintiffs argue that
the district court erred by holding that they did not
adequately plead falsity, ... More...
   $0 (11-29-2017 - CA)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

Beth M. Branum v. The State of Texas Granbury Woman Arrested After Fatal Euless Crash

On March 8, 2014, Branum met several friends at a bar in Fort Worth. She
arrived at 9:35 p.m., met her friend Jacquelyn Seltzer at the bar, and they each
had a shot2 and a beer before going to the table where the others were sitting.
Within the next two hours, Branum bought four shots and four beers while at the
table. Other people at Branum’s table also ordered drinks for e... More...
   $0 (11-25-2017 - TX)


Jose Ramos was run over and killed by a vehicle operated by Julio Xan Saquic, prompting the State to charge Saquic with, among other things, involuntary manslaughter while driving under the influence of alcohol and driving under the influence of alcohol. A jury found Saquic guilty of all the charges. At sentencing, the district court dismissed the conviction for driving under the influence of al... More...   $0 (11-24-2017 - KS)

Dufort v. City of New York, et al. 

Plaintiff-appellant Ryan Dufort appeals from a memorandum and order of the United States District Court for the Eastern District of New York (Steven M. Gold, M.J.)2 granting summary judgment to the defendants, the City of New York and New York City police officers Joseph Marotta, Jae Shim, Thomas Conforti, and William Schmittgall (collectively, “Defendants”), on Dufort's claims under 42 U.S.C... More...
   $0 (11-24-2017 - NY)

Joseph Abuzaid v. Anani, LLC, Big D Concrete, Inc., Muamar Anani and Hanadi Anani Dallas County Courthouse - Dallas, Texas

This appeal involves appellant Joseph Abuzaid’s alleged fraudulent filing of UCC
Financing Statements. Appellees Anani, LLC and Big D Concrete, Inc. challenged the financing
statements as fraudulent liens and sought partial summary judgment. Appellees Muamar and
Hanadi Anani subsequently intervened and filed a separate summary judgment motion
challenging the fraudulent liens Abuzai... More...
   $0 (11-23-2017 - TX)

Roberta Benson v. Fred Chalk, Individually, and Steve Chalk, Individually and as next friend of Drucilla Henkhaus Harris County Courthouse - Houston, Texas

Appellant, Roberta Benson, challenges the trial court’s judgment, entered after a jury trial, in the suit for negligence and wrongful death1 brought against her by appellees, Fred Chalk, individually, and Steve Chalk, individually and as next friend of Drucilla Henkhaus (the “Chalks”). In six issues, Benson contends that the trial court erred in admitting a video recording of an out-of-court exper... More...   $0 (11-23-2017 - TX)

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

Bret Cornell v. City and County of San Francisco

Police officer trainee Bret Cornell, while off-duty and in street clothes, went for a
run one morning in Golden Gate Park, stopping for a brief rest on a knoll called Hippie
Hill. Two uniformed patrol officers in the area spotted him, thought he looked
“worried,” and grew suspicious because the bushes on Hippie Hill are known for illicit
drug activity. As the patrolmen began to app... More...
   $0 (11-17-2017 - CA)

McMillin Management Services, LP v. Financial Pacific Insurance Company

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of part III.C.

McMillin Management Services, L.P. and Imperial Valley Residential Valley
Residential Builders, L.P. (collectively "McMillin")1 filed this action against numerous
insurance companies, including respondents Lexington Insurance Company (Lexington)
... More...
   $0 (11-15-2017 - CA)


Tippy McCullough stole a 2013 Cadillac XTS out of a car wash in Manatee
County. McCullough's theft precipitated a high-speed police chase, during which she
struck—and caused the death of—a bicyclist. She now appeals her judgment and
sentences after entering an open plea of no contest to leaving the scene of a crash with
death, fleeing or eluding a law enforcement officer caus... More...
   $0 (11-12-2017 - FL)

Oregon State University v. The Superior Court of San Diego County, George R. Sutherland, Real Party in Interest

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full ... More...
   $0 (11-11-2017 - CA)

State of Wisconsin v. Dan J. Dopp Milwaukee County Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Jury Finds Man Mentally Ill When He Committed Triple Murder

The State of Wisconsin charged Dan Popp with three counts of first-degree intentional homicide for killing Mai Vue and Phia Vue and Jesus Panso-Perez.

Popp claimed insanity as his defense.

Count No.



1st-Degree Intentional Homicide
<... More...
   $0 (11-10-2017 - WI)

John F. Kay, Jr. v. McGuireWoods, L.L.P. Supreme Court of Appeals - Charleston, West Virginia

The petitioners, former shareholders of Kay Company (“Kay Co.”) and Kay Co, LLC (“Kay LLC”),1 appeal from two orders2 entered by the Circuit Court of Kanawha County through which summary judgment was granted to the respondent McGuireWoods, LLP (“McGuireWoods” or “MW”) in connection with claims the petitioners filed against McGuireWoods, their former legal counsel.3 As grounds for their appeal, the... More...   $0 (11-09-2017 - WV)

Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...
   $0 (11-09-2017 - OR)


In February 2014, police officers responded to a report that Williams had become suicidal. Police officers arrested Williams based on an unrelated warrant. Williams initially cooperated with the police officers but became unruly after learning that his girlfriend was also being arrested pursuant to a warrant for her arrest. After "tussling" with Williams, two police officers restrained him by tasi... More...   $0 (11-09-2017 - KS)

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