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Civil Procedure Law
 
In re: Michael James Baker and Suzie Carmen Baker

Michael James Baker and Suzie Carmen Baker, the debtors in this
bankruptcy appeal, failed to disclose in their bankruptcy schedules their interest in a cause of
action until years after the close of the bankruptcy case. After learning about the cause of action,
Douglas S. Ellmann, the bankruptcy trustee, requested that the case be reopened so that he could
pursue the cause of actio... More...
   $0 (07-02-2015 - MI)

United States of America ex rel. Michael K. Drakeford, M.D.

In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury’s verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive’s deposition testimony. The... More...   $0 (07-02-2015 - SC)

Paula Jensen v. Pressler & Pressler

We are asked to decide whether a false statement in a communication from a debt collector to a debtor must be material in order to be actionable under a provision of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e. We conclude that materiality is required, as it is subsumed within the “least sophisticated debtor” standard that has traditionally governed FDCPA claims. B... More...   $0 (07-02-2015 - NJ)

Guilllermo Ramirez v. Oxnard Police Department

Los Angeles, CA - Guilllermo Ramirez and Teresa Ramirea sued Oxnard Police Department, Aaron Zavala, Kyle Brantner, Matthew Ross, Michael Bocanegra, Pedro Rodriguez, Roslyn Wilfert and Steven Ramirez on civil rights violation theories under 42 U.S.C. 1983 claiming that the rights of Robert Ramirez, age 26, were violated when he was killed by "active prone restraint" applied to him that the defenda... More...   $2900000 (07-02-2015 - CA)

United States of America v. Apple, Inc.

14 Since the invention of the printing press, the distribution of books has
15 involved a fundamentally consistent process: compose a manuscript, print and
16 bind it into physical volumes, and then ship and sell the volumes to the public.  
17 In late 2007, Amazon.com, Inc. (“Amazon”) introduced the Kindle, a portable
18 device that carries digital copies of books, known as ... More...
   $0 (07-02-2015 - NY)

Kevin Brown v. Janis Griggs, P.A., et al.

Tulsa, OK - Kevin Brown sued Janis Griggs, P.A., David Miller, D.O., Mednow Urgent Care, Michael Davis, D.O., Kayla Lankin, D.O. ST. Francis Hospital South, LLC, Minnie George, P.A.-C, Emergency Management Associates, P.C. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Kevin Brown, is a citizen and resident of Tulsa, Tulsa County, State of Oklahoma.
2. De... More...
   $1 (07-02-2015 - OK)

Justine Morris v. Keith L. Humphrey

Norman, OK - Justine Morris, as administrator of the Estate of George Morris, sued Keith L. Humphrey, in his official and individual capacity as Chief of Norman Police Department, Oklahoma Highway Patrol, a law enforcement agency, City of Norman, Oklahoma, a Political subdivision, Larry Shelton, Aaron Lancaster, Jonathon Hicks and Jansen Idlett on negligence theories claiming:

COMES NOW, ... More...
   $0 (07-01-2015 - OK)

Diana Houck v. Substitute Trustee Services

Diana Houck commenced this action under 11 U.S.C. 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee Services, Inc. (the Substitute Trustee), concluding that Houck failed to all... More...   $0 (07-01-2015 - )

Renee Pryor v. United Air Lines, Inc.

This case most centrally concerns the question of when an employer may be held liable for a hostile work environment created by an anonymous actor. Renee Pryor, an African-American flight attendant, alleges that her employer, United Airlines, failed to adequately respond to a racist death threat left in her company mailbox. The district court concluded that Pryor was subjected to a racially hostil... More...   $0 (07-01-2015 - )

Bruce Goldfarb v. Mayor and City Council of Baltimore

The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., establishes a cradle-to-grave regulatory program for hazardous waste management. Envtl. Tech. Council v. Sierra Club, 98 F.3d 774, 779 (4th Cir. 1996). Several Maryland residents brought statutory claims under the RCRA against the current and former owners of an industrial property in Baltimore alleged to have been co... More...   $0 (07-01-2015 - MD)

LVNV Funding, LLC v. Trice

1 This appeal comes to us from the circuit court of Cook County, the court having declared sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West 2008)) unconstitutional. Following remand from an appellate court decision in which that court heldreferencing, inter alia, the Acts penalty provisionsthat a complaint filed by an unregistered collection agen... More...   $0 (07-01-2015 - )

United States of America v. Tony Wasmund

SIOUX CITY, IA A former marketing manager at egg production and processing facilities who participated in a conspiracy to bribe a U.S. Department of Agriculture (USDA) inspector, to sell restricted eggs with intent to defraud, and to introduce misbranded food into interstate commerce with intent to defraud and mislead was sentenced in federal district court in Sioux City, Iowa, the U.S. Attorney... More...   $0 (07-01-2015 - IA)

Frederico Santos v. Edmond G. Brown, Jr., Governor

Esteban Nunez--the son of Fabian Nunez, the former Speaker of the California State Assembly--aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among ... More...   $0 (07-01-2015 - CA)

Gregory Scott Taylor v. United States of America

Appellee Gregory Taylor was convicted of conspiracy to possess with intent
to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846.
Taylor filed a timely motion to vacate his sentence under 28 U.S.C. § 2255, arguing
his trial counsel provided ineffective assistance. Nearly 10 months after section
2255’s limitation period expired, Taylor sought to a... More...
   $0 (07-01-2015 - ND)

United States of America v. James Nathan Fry

A jury convicted James Fry of five counts of securities fraud, four counts of
wire fraud, and three counts of making false statements to the Securities and
Exchange Commission, in connection with a Ponzi scheme orchestrated by Thomas
Petters. The district court sentenced Fry to a total of 210 months’ imprisonment. On 1
appeal, Fry argues that we should presume that the district c... More...
   $0 (07-01-2015 - MN)

LVNV Funding v. Matthew Trice

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared
sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West
2008)) unconstitutional. Following remand from an appellate court decision in which that
court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an
unre... More...
   $0 (07-01-2015 - IL)

Barbara Fletcher v. Park County

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not serve
as precedent. Its case title, cause number, and disposition shall be included in this Court’s
quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
¶2 Barbara and Scott ... More...
   $0 (07-01-2015 - MT)

Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
motion;
2. Whether the District Court erred in applying Montana law d... More...
   $0 (07-01-2015 - MT)

Wells Fargo Bank, N.A. v. 6354 Figarden General Partnership

This appeal presents issues of statutory construction involving Code of Civil
Procedure section 729.0601 and the calculation of the redemption price for real property
sold by judicial foreclosure. In general terms, the redemption price includes the amount
paid by the purchaser at the foreclosure sale (1) adjusted upward for certain property

1 All further statutory references a... More...
   $0 (07-01-2015 - CA)

Kay Eckler v. Neutrogena Corporation

This case concerns congressional intent with respect to label information on
sunscreen products: is it to be determined solely by the federal agency it charged with
ensuring uniform labeling for those products, or, in addition, by each state through
private civil suits. Appellants Kay Eckler and Steve Engel filed separate actions against
respondent Neutrogena Corporation alleging t... More...
   $0 (07-01-2015 - CA)

Corina Munoz v. Chipotle Mexican Grill, Inc.

Plaintiffs Corina Munoz and Keresha Edwards appeal from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of defendant Chipotle Mexican Grill, Inc. (Chipotle) regarding what plaintiffs allege is Chipotles policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotles rest... More...   $0 (06-30-2015 - CA)

Rosa Elena Munoz v. City of Tracy

Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ.
2
Proc., 583.310.)1 She contends the trial court erred in dismissing her case because the parties had executed a written stipulation e... More...
   $0 (06-30-2015 - CA)

Barbara J. Fuller v. Suntrust Banks, Inc., et al

The plaintiffs in these two cases appeal from several orders and a judgment
entered in the district court concerning their claims that the defendants breached
their fiduciary duties under the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1001, et seq. This Court has previously considered the
dismissal of Barbara J. Fuller’s claims, see Fuller v. SunTrust Ban... More...
   $0 (06-30-2015 - )

People of the State of Michigan v. Leonard Lamont Ware

Defendant was convicted by a jury of second-degree murder, MCL 750.317, carrying a
concealed weapon (CCW), MCL 750.227, felon in possession of a firearm, MCL 750.224f, and
possession of a firearm during commission of a felony (felony-firearm), MCL 750.227b. He was
sentenced to 23 to 50 years’ imprisonment for the murder conviction, 2 to 5 years’ imprisonment
for the CCW convic... More...
   $0 (06-30-2015 - MI)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,... More...
   $0 (06-30-2015 - DC)

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