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Civil Procedure Law
United States of America v. Capital Sweepstakes Systems Inc., a corporation headquartered in Loomis, and Kevin Freels

Sacramento, CA - Loomis Man and Corporation Plead Guilty to Conducting an Illegal Gambling Business

Will Forfeit over $1.5 Million in Profits

Capital Sweepstakes Systems Inc., a corporation headquartered in Loomis, and Kevin Freels, 41, of Loomis, pleaded guilty today to conducting an illegal gambling business related to Internet sweepstakes cafés, United States Attorney Benjamin... More...
   $0 (07-30-2015 - CA)


This case arises from the Crow Compact, an agreement among the United States,
the Crow Tribe, and the State of Montana. The Compact recognizes and specifies a
Tribal Water Right of the Crow Tribe and its members in a number of sources of water
that abut or cross the Crow Indian Reservation in Montana. The Compact also provides
for cash payments to the Tribe, allocates coal tax... More...
   $0 (07-30-2015 - )

Regional School Unit No. 5 v. The Coastal Education Association

The essential facts are not in dispute. In 2009, three Maine school
districts—Freeport, Pownal, and Durham—merged to form RSU No. 5. In
May 2012, the Association and the Board of Directors of RSU No. 5 (the Board)
executed a collective bargaining agreement that would take effect for the
2012-2013 academic year. Before the agreement was negotiated, Freeport
teachers, unl... More...
   $0 (07-30-2015 - )

Western Heritage Insurance Co. v. Fun Services of Kansas City

Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.... More...
   $0 (07-30-2015 - MO)

Miroslaw Gortat v. Capala Brothers, Inc.

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and... More...
   $0 (07-30-2015 - )

Tamika Ataddlety v. Spaghetti Warehouse Restaurants and Frandeli Group, Inc.

Tulsa, OK - Tamika Ataddlety sued Spaghetti Warehouse Restaurants and Frandeli Group, Inc. on a negligence theory claiming:

1. Ataddlety is, and was at all relevant times, a resident of Tulsa County, State of Oklahoma. The facts giving rise to this cause of action occurred within the confines of Tulsa County, State of Oklahoma. At the time of this incident, Defendant Spaghetti Warehoi ope... More...
   $1 (07-30-2015 - OK)

In the Interest of K.D., a Minor Child

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

LSREF2 Apex (TX) II, LLC v. Gregory Blomquist and Daniel D. Davids, II

LSREF2 Apex (TX) II, LLC (Apex) appeals the trial court’s no-evidence summary
judgment in favor of Gregory Blomquist and Daniel Davids. In two issues, Apex argues the trial
court erred in striking its summary judgment evidence and entering summary judgment in favor
of Blomquist and Davids. We affirm the trial court’s orders granting Blomquist’s and Davids’
motions for summary judgm... More...
   $0 (07-29-2015 - TX)

Clinton Lee Young v. William Stephens

San Antonio, TX - Fifth Circuit affirms denial of certificate of appealability and motion to stay to death row inmate

Petitioner-Appellant Clinton Lee Young (“Young”) was convicted of two murders and sentenced to death. Young’s death sentence became final on April 3, 2006, when the Supreme Court denied his petition for a writ of certiorari. Young’s habeas petitions, however, continue to b... More...
   $0 (07-29-2015 - TX)

Patricio David Trejo v. Ryman Hospitality Properties, Inc.

Baltimore, MD - Fourth Circuit holds that FSLA applies only to minium or overtime wages and not to tips

Mohammad Sazzad and Anthony Gomes (the Plaintiffs)1 brought this action against their employers, Ryman Hospitality Properties Inc., and Marriott International, Inc. (the Defendants), alleging violations of the tip-credit provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203(... More...
   $0 (07-29-2015 - MD)

United States of America v. Nam Quoc Le a/k/a Jimmy Nam Quoc Le

Tulsa, OK - The Tenth Circuit Court of appeals affirmed in part and reversed in part an order of restitution on a Theft From Gaming Establishment on Indian Lands

Defendant Nam Quoc Le pleaded guilty to a single count of Theft From Gaming
Establishments on Indian Lands, in violation of 18 U.S.C. §1167, based on a cheating
scheme that ran from at least January 14, 2013, to February ... More...
   $0 (07-29-2015 - OK)

Joseph E. Martinez v. The Plumbers & Pipefitters National Pension Plan

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...
   $0 (07-29-2015 - CO)

Gregory N. James v. Mackey Price Thompson & Ostler

Salt Lake City, UT - Utah Supreme Court reverses district court's denial of claimed right to jury trial

This case arises out of a dispute over compensation paid to an attorney, Gregory Jones, by the law firm Mackey Price Thompson & Ostler (Mackey Price) for work Mr. Jones performed on several class-action contingency fee cases involving the weight-loss pill FenPhen. Mr. Jones worked on th... More...
   $0 (07-29-2015 - UT)

Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership

The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia... More...
   $0 (07-29-2015 - FL)


In 2005, Charles Stenz suffered an on-the-job injury for which he filed a claim with his employer’s insurance carrier, Pinnacle Risk Management. Pinnacle accepted the claim and paid the benefits. In 2009, Stenz died. Alleging that his death resulted partly from the 2005 injury, Stenz’s widow filed a claim for death benefits under A.R.S. § 23-1061(A). The claim was filed with the Industrial Com... More...   $0 (07-29-2015 - )

Roni M. Lancaster v. AHS Hillcrest Medical Center, LLC d/b/a Hillcrest Medical Cener, Orthopedic Center, P.C. and Yogesh Mittal, M.D.

Tulsa, OK - Roni M. Lancaster sued AHS Hillcrest Medical Center, LLC d/b/a Hillcrest Medical Cener, Orthopedic Center, P.C. and Yogesh Mittal, M.D. on medical negligence theories claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.
2. Defendant Hillcrest is a foreign limited liability company with substantial ties to this judicial district.
3. Defendant Orthopaedic Cent... More...
   $1 (07-28-2015 - OK)

Deborah Barnes v. Mercy Hospital Oklahoma City, Inc.

Oklahoma city, OK - Deborah Barnes sued Mercy Hospital Oklahoma City, Inc. on a medical negligence theory claiming:

1. Deborah Barnes is a citizen and resides in Oklahoma County, State of Oklahoma.
2. Defendant, Mercy Hospital operates a hospital and provides medical services to the public in Oklahoma City, Oklahoma.
3. That jurisdiction and venue is proper in Oklahoma County, Sta... More...
   $1 (07-28-2015 - OK)

Wendy Schreiber v. State Farm Lloyds

In this insurance-coverage case, the trial court rendered judgment that the insured take nothing based on the jury’s verdict in favor of the insurer. The verdict included a finding that the fire that destroyed the insured’s home was intentionally caused with the insured’s prior knowledge or participation. On appeal, the insured asserts that the trial court reversibly erred in prohibiting her from ... More...   $0 (07-28-2015 - TX)

Texas Health and Human Services Commission v. Joseph Mcrae

Texas Health and Human Services Commission appeals the trial court’s denial of its plea
to the jurisdiction. In two issues, the Commission argues the trial court erred in denying its plea
to the jurisdiction because Joseph McRae failed to demonstrate a waiver of the Commission’s
sovereign immunity and McRae did not plead or prove a negligent condition or use of tangible
personal pr... More...
   $0 (07-28-2015 - TX)

Klotz v. Milbank,Tweed, Hadley & McCloy

Defendants Milbank, Tweed, Hadley & McCloy (Milbank) and Deborah Festa (Festa) appeal the trial court‘s order overruling their demurrer and denying their motion to strike the First Amended Complaint under Civil Code section 1714.10.1 Plaintiffs SageMill LLC (SageMill), Adam Klotz (Klotz) and Richard Spitz (Spitz) alleged that a former business associate of theirs, Stephen Bruce (Bruce), who was a... More...   $0 (07-28-2015 - )

United States of America v. Gregory McRae

New Orleans, LA - Fifth Circuit affirmed in part and reversed in part conviction of former New Orleans police office

In the aftermath of Hurricane Katrina, Henry Glover, a civilian, died after an encounter with a New Orleans police officer that left his severely wounded body in a car owned by William Tanner. After Glover died, another officer, Gregory McRae, with the corpse in the car, se... More...
   $0 (07-28-2015 - LA)

Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals... More...
   $16260332 (07-28-2015 - DE)

Jone Doe 2 v. President John W. Rosa

Charleston, SC - Fourth Circuit affirms dismissal of claim against President of The Citadel for failing to act on report of sexual abuse of two minor boys

The appellants in this consolidated appeal were the plaintiffs below, John Doe 2 and Mother Doe, on behalf of John Doe 2’s younger brother, Doe 3 (together, “the Does”).1 Beginning in 2005 and continuing through July or August 2007, Lou... More...
   $0 (07-28-2015 - SC)

Fernandes v. DAR Development Co.

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...
   $0 (07-28-2015 - )


In these consolidated appeals, we are asked to
determine if a defendant's admission to sufficient facts to
warrant a finding of guilty and a judge's continuance of the
case without a finding (CWOF) constitute a "conviction" as that
term is defined in G. L. c. 90F, § 1,2 governing the licensure of
commercial drivers. Judges in the Superior Court determined
that it did... More...
   $0 (07-28-2015 - )

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