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Civil Procedure Law
 
Monty Bauch v. Richland County Children Services Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...
   $0 (05-26-2018 - OH)

Ceil Walker Norris v. MK Holdings, Inc. d/b/a Reion's Morgan Keegan Trust Company Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Ceil Walker Norris, individually and in her
role as a trustee of several family trusts, and on behalf of her business, Walker & Associates,
Inc., (individually and collectively “Walker”) initiated this action against MK Holding, Inc.
(“MK Holding”) and Regions Financial Corporation (“Regions FC”), alleging that they breached
their duties as trustees of the various family trusts by ... More...
   $0 (05-26-2018 - TN)

Terri Raines v. Coastal Pacific Food Distributors,Inc.

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...
   $0 (05-25-2018 - CA)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

Forrest Huff v. Securitas Security Services USA, Inc.

This case presents the question of whether a plaintiff who brings a representative
action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698,
et seq.) may seek penalties not only for the Labor Code violation that affected him or her,
but also for different violations that affected other employees. The trial court granted
plaintiff Forrest Huff a new trial, rea... More...
   $0 (05-24-2018 - CA)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

U’DREKA ANDREWS vs. STATE OF FLORIDA

U’dreka Kynshere Andrews was convicted of first-degree murder, burglary,
and robbery and was sentenced to life without the possibility of parole for the first
degree murder conviction. Andrews was 17 years old at the time she committed
the offenses. Subsequently, the United States Supreme Court held in Miller v.
Alabama, 567 U.S. 460, 479 (2012), “that the Eighth Amendment for... More...
   $0 (05-22-2018 - FL)

PRESSLEY BERNARD ALSTON vs. STATE OF FLORIDA / PRESSLEY BERNARD ALSTON vs. JULIE L. JONES, etc.

We have for review Pressley Bernard Alston’s appeal of the circuit court’s
order denying Alston’s motion filed pursuant to Florida Rule of Criminal
Procedure 3.851 and Alston’s petition for a writ of habeas corpus. We have
jurisdiction. See art. V, § 3(b)(1), (9) Fla. Const. We withdraw the opinion issued
on January 22, 2018, and substitute this opinion in its place.
... More...
   $0 (05-22-2018 - FL)

STATE OF FLORIDA vs. JASON DIRK WALTON / JASON DIRK WALTON vs. JULIE L. JONES, etc.

Walton was convicted and sentenced to death for the execution-style
murders of three individuals that occurred during the commission of a robbery and
burglary. Walton v. Dugger (Walton IV), 634 So. 2d 1059, 1060 (Fla. 1993).
On direct appeal, this Court affirmed the convictions but vacated the death sentences because the trial court failed to afford Walton an opportunity to confr... More...
   $0 (05-22-2018 - FL)

William Casey v. State of Tennessee

The 2011 convictions in this case stem from the conduct of the Petitioner against the victim in 1979 and 1980 while the then-juvenile victim was attending a school associated with the church where the Petitioner was the head priest. The evidence presented at trial established that the Petitioner engaged in sexual acts with the victim on three separate occasions when the victim was thirteen and fo... More...   $0 (05-22-2018 - TN)

Nasir Hakeem v. State of Tennessee

Following a bench trial, the Petitioner, a foreign national from Pakistan, was convicted of two counts of sexual battery, a Class E felony. State v. Nasir Hakeem, No. M2012-02150-CCA-R3-CD, 2013 WL 6706122, at *1 (Tenn. Crim. App. Dec. 18, 2013), perm. app. denied, (Tenn. May 14, 2014). On August 2, 2012, the trial court imposed concurrent, suspended sentences of eighteen months for each convict... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Ashley N. Menke Tennessee Court of Criminal Appeals

The Sumner County Grand Jury issued a nine-count indictment in Case No. 925CR-2015 charging Ashley N. Menke, the Defendant, with two counts of Class A misdemeanor theft of property (Counts 1 and 2), one count of Class E felony forgery of a check (Count 3), one count of Class C felony theft of property (Count 4), one count of Class E felony forgery of a document (Count 5), one count of Class E felo... More...   $0 (05-22-2018 - TN)

Frederick Wendell Thomas v. State of Tennessee

The Shelby County Grand Jury charged the petitioner with one count each of first degree premeditated murder and employing a firearm during the commission of a dangerous felony. Following a jury trial, the petitioner was convicted as charged of first degree murder. The trial court imposed a sentence of life imprisonment and dismissed the firearm charge. This court affirmed the conviction and sen... More...   $0 (05-22-2018 - TN)

Center> John Doe v. Good Samaritan Hospital

Appellant alleges that he was sodomized by his roommate, K.W., while a patient
in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest
(Hospital). He brought this action alleging that Hospital was negligent in placing K.W.
in a room together with appellant, and limiting its efforts to supervise these patients to
observation of each of them at 15-minute in... More...
   $0 (05-22-2018 - CA)

Derrick Bryant v. Kenneth Egan, Officer, Johns Slezak, Officer District of Connecticut Federal Courthouse - New Haven, Connecticut

On April 2, 2013, Derrick Bryant brought suit against, inter alia, Officers
Kenneth Egan and John Slezak of the Meriden Police Department, alleging that
they had used excessive force against him in violation of the Fourth Amendment.
After a trial was held and the jury returned a verdict in favor of the officers, Bryant
moved for a new trial under Federal Rule of Civil Procedure 59.... More...
   $0 (05-21-2018 - CT)

STATE OF OHIO - vs - DONNIE E. WRIGHT

Defendant-appellant, Donnie Wright, appeals his conviction and sentence in
the Fayette County Court of Common Pleas for unlawful sexual conduct with a minor.
{¶ 2} In early December 2016, appellant began dating a woman ("Mother"). Within
days, appellant moved into Mother's house. Mother has a daughter ("the victim") who also
resided with her. Later that month, appellant bega... More...
   $0 (05-21-2018 - )

State of Ohio v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

STATE OF OHIO vs. MICHELLE KRONENBERG

In February 2017, Kronenberg was charged with three counts of menacing by
stalking in violation of R.C. 2903.211(A)(1). The indictment charged that the offenses occurred
on February 22, 2017, and there was a count for each of the three victims: James LaMarca (Count
1), Mary Jo LaMarca (Count 2), and Alysse LaMarca (Count 3). All three counts contained
“furthermore” clauses, t... More...
   $0 (05-21-2018 - OH)

United States of America v. Isabel Kesari Gervais Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Birmingham, AL - Claimed Naturopathic Doctor Sentenced to 75 months

A federal judge on May 15, 2018 sentenced a woman who falsely claimed to be a naturopathic doctor to 75 months for defrauding patients at a Hoover clinic in 2015.

U.S. District Judge Madeline Hughes Haikala sentenced ISABEL KESARI GERVAIS, 61, on one count of wire fraud affecting a financial institution, one coun... More...
   $0 (05-21-2018 - AL)

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