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Cause In Fact Law
 
Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
2
BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc... More...
   $0 (02-15-2018 - MS)

San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

United States of America v. Steven Metro District of New Jersey Federal Courthouses

Steven Metro appeals from the 46-month sentence of imprisonment imposed by the District Court as a consequence of his guilty plea to one count of conspiracy to violate federal securities laws and one count of insider trading. He contends that the Court wrongly attributed to him illicit financial gains
3
actually attributable to someone with whom he was not acting in concert and to whom he ... More...
   $0 (02-14-2018 - NJ)

United States of America v. Todd Rasberry

Todd Rasberry found himself in a
jam: during a pat-down incident to a Terry stop, see Terry v. Ohio,
392 U.S. 1, 19-20 (1968), an agent of the Drug Enforcement
Administration (DEA) discovered a softball-sized object stashed in
Rasberry's undershorts. Believing that the object contained
drugs, the agent arrested Rasberry on the spot. A subsequent
search of Rasberry's person ... More...
   $0 (02-14-2018 - ME)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender Supreme Court of Appeals of West Virginia - Charleston, West Virginia

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...   $0 (02-14-2018 - WV)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

United States of America v. Ronald Miltier Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

A federal jury convicted Ronald Miltier of seven counts of receipt of child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and one count of possession of
child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Miltier argues
that the district court erred in denying his motion for judgment of acquittal based on
insufficient evidence that he knowingly receive... More...
   $0 (02-14-2018 - VA)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

Black & Veatch Corporation v. Aspen Insuance (UK) Ltd.; Lloyd's Syndicate 2003 District of Kansas Federal Courthouse - Wichita, Kansas

This case is an insurance coverage dispute between Plaintiff-Appellant Black &
Veatch Corporation (“B&V”) and Defendants-Appellees Aspen Insurance (UK) Ltd. and
Lloyd’s Syndicate 2003 (collectively, “Aspen”). The issue is whether Aspen must
reimburse B&V for the costs B&V incurred due to damaged equipment that its
subcontractor constructed at power plants in Ohio and Indiana. The d... More...
   $0 (02-13-2018 - KS)

Carto Properties, LLC Jen Marie Rau, Individually, Key Maps, Inc, and The Jen Marie Rau Life Insurance Trust v. Briar Capital, LP Harris County Courthouse - Houston, Texas

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in... More...   $0 (02-13-2018 - TX)

Mariusz Bogdanski v. Daman Budzik v. Fedex Ground Package System, Inc. Union County Courthouse - Niobara, Wyoming

[¶1] Mariusz Bogdanski and Damian Budzik were codrivers of a commercial semitruck
that was involved in an accident on Interstate 80 east of Evanston, Wyoming.
Bogdanski was injured in the accident and filed an action against Budzik, alleging that
his negligence caused the accident. He also sued FedEx Ground Package System, Inc.
(FedEx), the company whose trailers they were hauling,... More...
   $0 (02-13-2018 - )

James Bryant Harris, Jr. v. The State of Wyoming Albany County Courthouse - Laramie, Wyoming

[¶1] James Bryant Harris, Jr., argues that the trial court erred in denying his motion to
suppress evidence obtained as a result of a detention and subsequent search of his
vehicle. We affirm.
ISSUE
[¶2] Mr. Harris submits his single issue on appeal:
Did the trial court err in denying Appellant’s Motion to Suppress
Evidence obtained as a result of his illegal detention and ... More...
   $0 (02-13-2018 - WY)

United States of America v. Eddie Wayne Cooper Western District of Missouri Federal Courthouse - Springfield, Missouri

Springfield, MO - Former Arkansas Lawmaker Pleads Guilty to $4 Million Charity Scheme

Conspiracy Included Several Charity Executives

A former Arkansas state representative pleaded guilty in federal court February 12, 2018 to his role in a conspiracy to embezzle more than $4 million from a Springfield, Mo.-based health care charity.

Eddie Wayne Cooper, 51, of Melbourne, A... More...
   $0 (02-13-2018 - MO)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

Today's Fresh Start Charter School v. Inglewood Unified School District

Under the Education Code, in order to add a new charter
location, an established charter school must obtain approval in
the form of a material revision from the authority that granted
its charter. (Ed. Code, § 47605, subd. (a)(4).)1 Today’s Fresh
Start Charter School (Today’s Fresh Start), the appellant in this
appeal, sought both this approval and renewal of its charter in
... More...
   $0 (02-13-2018 - CA)

Franklin Grammer, Jr. v. M. Sauers, Warden, Ellsworth Correctional Facility; Attorney General of Kansas District of Kansas Courthouse - Kansas City, Kansas

In June 2009, Franklin L. Grammer, Jr., killed his ex-wife, Betty Grammer
(Betty). On that day, she was painting a house in Johnson County, Kansas, with Jeff
Robinson and Samuel Shanks. Grammer walked up to her, put her in a headlock, and
shot her in the head. He then walked across the front yard of the residence holding the
gun in a ready position apparently looking for Robinson a... More...
   $0 (02-12-2018 - KS)

Thomas Boettcher; Pamelia Vennerberg v. Conoco Phillips, CO.; Phillips 66, CO. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Plaintiffs-Appellants Thomas Boettcher and Pamelia Vennerberg (the
“Boettchers”) appeal from the district court’s order granting the motion to dismiss
filed by Defendants-Appellees ConocoPhillips Company and Phillips 66 Company
(collectively “ConocoPhillips”). The amended complaint alleged that Mr.
Boettcher’s cancer was caused by exposure to emissions from ConocoPhillips’s
ref... More...
   $0 (02-12-2018 - OK)

Moira E. Teixeira v. Town of Coventry District of Rhode Island Federal Courthouse - Providence, Rhode Island

The McDonnell Douglas framework,
see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973),
has proven to be a useful tool in the adjudication of pretrial
motions (especially at the summary judgment stage) in
discrimination and retaliation cases. See, e.g., Burns v. Johnson,
829 F.3d 1, 8 (1st Cir. 2016) (discrimination); Henry v. United
Bank, 686 F.3d 50, 55 (1st ... More...
   $0 (02-12-2018 - RI)

Carol Diane Cooper and John Scott Cooper v. Alyssa Jane D'Amore, f/k/a Alyssa J. Cooper District of Massachusetts Federal Courthouse - Boston, Massachusetts

In 2003, Peter M. Cooper, Jr.
("decedent") established an Individual Retirement Account ("IRA")
with Mesirow Financial ("Mesirow IRA"), and designated his then
wife, Alyssa Jane D'Amore ("D'Amore"), as beneficiary. In 2006,
the couple divorced, but decedent never revoked the beneficiary
designation. In 2011, decedent transferred the majority of his
Mesirow IRA assets to a T... More...
   $0 (02-11-2018 - MA)

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