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Cause In Fact Law
 
Tony Muro v. Cornerstone Staffing Solutions, Inc. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

APPEAL from an order of the Superior Court of San Diego County,
Joan M. Lewis, Judge. Affirmed.
Ogletree, Deakins, Nash, Smoak & Stewart, Jack S. Sholkoff, Alexandra
A. Bodnar and Ashley B. McAteer for Defendant and Appellant.
Turley & Mara, William Turley, David Mara and Jamie Serb for Plaintiff and
Respondent.
2
Plaintiff Tony Muro entered into an employment contract ... More...
   $0 (02-25-2018 - CA)

Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Ralph Hanvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

United States of America v. Damian Phillips Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

In this civil forfeiture case, the United States claims that $200,000 in cash discovered in a storage unit leased by Byron Phillips is subject to forfeiture because the cash is connected to the “exchange [of] a controlled substance.” See 21 U.S.C. § 881(a)(6). Damian Phillips, Byron’s brother, seeks to intervene, contending that the money is his life savings and has nothing to do with drugs. The d... More...   $0 (02-24-2018 - NC)

Loretta T. Elliott v. American States Insurance Company Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

Loretta Elliott filed this claim against her insurance company, American States Insurance Company (“ASIC”), alleging that its conduct in handling her insurance claim constitutes an unfair claims settlement practice in violation of N.C. Gen. Stat. § 58-63-15(11), and, as a matter of law, an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. On appeal, Elliott asserts that... More...   $0 (02-24-2018 - NC)

Deborah Meek Hickerson v. Yamaha Motor Corporation, USA District of South Carolina Federal Courthouse - Columbia, South Carolina

Deborah Meek Hickerson sustained serious internal injuries in a personal watercraft (“PWC”) accident and filed a complaint in the District of South Carolina against the manufacturers of the PWC, Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co., Ltd. (collectively “Yamaha”). In her complaint, Hickerson alleged product liability claims under South Carolina law for design and warning defects. Th... More...   $0 (02-24-2018 - SC)

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)

United States of America v. Gabriel Werdene Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises from the Federal Bureau of
Investigation’s (FBI) investigation into Playpen, a global
online forum that existed on the dark web1 and that was
1 “The dark web is a private global computer network
that enables users to conduct anonymous transactions without
revealing any trace of their location.” Ahmed
Ghappour, Searching Places Unknown: Law Enforcement
3... More...
   $0 (02-23-2018 - PA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

United States of America v. David Prejean Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

Lafayette, LA - Former Sergeant Pleads Guilty to Assault of Detainee

David Prejean, a former Sergeant in the K-9 Unit of the Iberia Parish Sheriff’s Office (IPSO), pleaded guilty on February 21, 2018 to assaulting a pre-trial detainee at the Iberia Parish Jail (IPJ) by commanding his K-9 to bite the detainee, and by striking the detainee, all without justification.

According to t... More...
   $0 (02-22-2018 - LA)

United States of America v. DAniel Colby, Jr.

Following a two-day jury trial,
Defendant Daniel Colby, Jr. was convicted of a single count of
possession of a firearm by a prohibited person in violation of 18
U.S.C. § 922(g)(1). In calculating Colby's sentence, the district
court applied a two-level enhancement for possession of a stolen
gun, a four-level enhancement for using a gun in connection with
another felony, and... More...
   $0 (02-22-2018 - ME)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Save Lafayette v. City of Lafayette

Appellants Save Lafayette and Michael Griffiths appeal the trial court’s denial of
their petition for a peremptory writ of mandate requiring respondent City of Lafayette
(the City) to submit appellants’ referendum to a public vote. The City amended its
general plan to allow for a residential development in an area formerly designated as
administrative and office space. After the ti... More...
   $0 (02-22-2018 - CA)

Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

Linda Stout, et al. v. Jefferson County Board of Education Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal requires that we revisit the decades-old task of school desegregation. A racial desegregation order issued in 1971 still governs the Jefferson County Board of Education in Alabama. But beginning in 2012, residents of the City of Gardendale, a predominantly white community in Jefferson County, sought to create a separate, municipal school system. Leaders of a grassroots movement used so... More...   $0 (02-21-2018 - )

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...
   $0 (02-21-2018 - CA)

United States of America v. Stanley Raass Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Salt Lake City, UT - Utah Resident Pleads Guilty To Devising Scheme To Obtain Construction Contracts Set Aside For Service-Disabled Veteran-Owned Businesses

A Utah man pleaded guilty to wire fraud and money laundering in federal court on February 16, 2018 for his role in a fraud scheme he devised to obtain government construction contracts set aside for Service-Disabled Veteran-Owned Busi... More...
   $0 (02-20-2018 - UT)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.
FACT... More...
   $0 (02-20-2018 - CA)

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

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)

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