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Civil Procedure Law
 
United States of America v. Comfort Inn & Suites of Meriden, Connecticut

New Haven, CT - Meriden Hotel Agrees to Make Changes to Comply with Americans with Disabilities Act

The U.S. Attorney’s Office has reached a voluntary compliance agreement with the Comfort Inn & Suites of Meriden, Connecticut, to resolve allegations that the hotel was not being operated in compliance with the Americans with Disabilities Act of 1990 (“ADA”).

Under federal law, pri... More...
   $0 (08-26-2015 - CT)

Dr. Neville M, Mirza, M.D. v. Insurance Administrator of America, Inc.

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g... More...   $0 (08-26-2015 - NJ)

Theodore Jackson v. Brigham Sloan, Warden

Theodore Jackson, an Ohio state inmate, racked up a lengthy
prison sentence by continually violating the terms of his parole. Facing up to 26 years behind
bars, he filed a habeas petition in federal court to challenge his detention in 2013. It gained no
traction. See Jackson v. Sloan, No. 14-3955 (6th Cir. Apr. 10, 2015) (unpublished order).
Jackson tried again by filing two more h... More...
   $0 (08-26-2015 - OH)

James Calloway v. Caraco Pharmaceuticals Laboratories, Ltd.

Defendant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”),
appeals the district court’s judgment in favor of the plaintiffs, former Caraco employees.
No. 14-2526 Calloway v. Caraco Page 2
Following a bench trial, the district court found that Caraco violated the Worker Adjustment and
Retraining Notification (“WARN”) Act, 29 U.S.C. §§ 2101–2109, by failing to comply with the
... More...
   $0 (08-26-2015 - MI)

Peggy A. Pendell v. City of Peoria

After Peggy Pendell failed to appear for two
depositions in her civil-rights suit for unlawful search and
seizure under 42 U.S.C. § 1983, the district court dismissed
her case as a sanction. Because the district court gave her ad-
2 No. 14-2158
equate warnings and did not abuse its discretion in imposing
the sanction, we affirm.
According to Pendell’s complaint, in Nove... More...
   $0 (08-26-2015 - IL)

H.S.P. v. J.K., K.G. v. M.S. (Deceased)

.
In this appeal, we examine the role of our state courts in
making the predicate findings necessary for a non-citizen child
to apply for “special immigrant juvenile” (SIJ) status under the
Immigration Act of 1990, as amended by the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(TVPRA), Pub. L. No. 110-457, 122 Stat. 5044. SIJ status... More...
   $0 (08-26-2015 - NJ)

JULIUS WALLACE V. COMMONWEALTH OF KENTUCKY

Wallace's convictions arose from five separate robberies committed in
Louisville over the course of several days.
The first robbery occurred on October 25, 2010, at Juanita's Burger Boy
at around 5:00 a.m. Delanea Slaughter was working at that time. After paying
for some food, a customer pulled a gun on Slaughter and demanded money.
Still brandishing the gun, the robber th... More...
   $0 (08-26-2015 - KY)

GARY C’HAIR and ROCHELLE C’HAIR, v. DISTRICT COURT of the NINTH JUDICIAL DISTRICT and JOHN STROHECKER,

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro... More...   $0 (08-26-2015 - WY)

In re Carlton Sewell

Carlton Sewell, Relator, has filed a petition for a writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions. After considering Relator’s petition and the response by the real parties in interest (RPI),1 we hold that the trial court erred in denying Relator’s motion to withdraw his deemed admissions. We conditionally grant the writ of mandamus and order the tr... More...   $0 (08-25-2015 - TX)

United States of America v. Quest Diagnostics Inc. and Quest Diagnostics Clinical Laboratories Inc.

Sacramento, CA- Quest Diagnostics Pays the United States $1.79 Million to Resolve False Claims Act Allegations

Quest Diagnostics Inc. and Quest Diagnostics Clinical Laboratories Inc. (collectively “Quest Diagnostics”) have paid the United States $1,79 million to settle claims that it violated the False Claims Act.

This settlement resolves allegations that Quest Diagnostics submit... More...
   $0 (08-25-2015 - CA)

Colleen Curran v. Phillip Aleshire and Rodney Jack Strain

Nearly seven years ago, sheriff’s deputy Phillip Aleshire confronted high school sophomore April Curran over her violation of a school rule banning cell phones on campus. Their interaction lasted only ten minutes. But it was long enough to saddle Curran with a juvenile record for battery of an officer, and Aleshire with a federal lawsuit for violating Curran’s constitutional rights.
This appea... More...
   $0 (08-25-2015 - LA)

Eric V. Harden v. Marion County Sheriff's Department

In 2012, Eric Harden sued the
Marion County Sheriff’s Department for retaliation under
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e‐
2 No. 14‐1713
3(a). He alleged that the Sheriff’s Department terminated
him in retaliation for testifying on behalf of African‐
American police officers in a race discrimination investiga‐
tion. The ... More...
   $0 (08-25-2015 - IN)

Robert Lee Stinson v. James Gauger

Robert Lee Stinson spent 23 years in
prison for a murder he did not commit. He was exonerated by
DNA evidence and now sues the lead detective and two
forensic odontologists who investigated the murder and later
testified at trial. The odontologists were the key witnesses for
2 Nos. 13-3343, 13-3346 & 13-3347
the prosecution. They testified that bite marks on the victim’sMore...
   $0 (08-25-2015 - WI)

United States v. Amina Ali

In this consolidated appeal, we consider the criminal prosecutions that were
brought against two women living in Minnesota in connection with funds sent to al
Shabaab, an organization in Somalia that the United States Secretary of State had
designated a foreign terrorist organization. After a jury trial, Amina Farah Ali and
Hawo Mohamed Hassan were convicted on all counts. The dist... More...
   $0 (08-25-2015 - MN)

In Re: Musical Instruments and Equipment Antitrust Litigation

Where a large musical-instrument retailer pressures
individual guitar manufacturers to set the lowest prices at
which the manufacturers will permit any retailer to advertise
the manufacturers’ products—and each manufacturer
acquiesces—can we infer the manufacturers conspired among
themselves to fix prices?
Plaintiffs ask us to answer this question in the affirmative.
Th... More...
   $0 (08-25-2015 - CA)

United States of America v. Dennis Eugene Rodebaugh d/b/a D&S Guide and Outfitter

Dennis E. Rodebaugh ran D&S Guide and Outfitters (“D&S”), an outfitting and
guide service in Meeker, Colorado.1 Through D&S, Mr. Rodebaugh took mostly out-ofstate
clients on elk and deer hunts in the White River National Forest near Meeker, where
they waited in tree stands for elk and deer to approach before shooting them.2 To attract
the elk and deer, Mr. Rodebaugh spread salt aro... More...
   $0 (08-25-2015 - CO)

Endrew F. v. Douglas County School District RE-1

Federal law requires public schools to provide students with disabilities a
free and appropriate education. If a school cannot meet the educational needs of
a disabled student, the student’s parents can place the child in private school and
seek reimbursement of tuition and related expenses. In this case, the parents of
an autistic child withdrew him from the Douglas County School ... More...
   $0 (08-25-2015 - CO)

Gallegos v. Frezza

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center). ... More...
   $0 (08-25-2015 - NM)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

Duarte Nursery v. Cal. Grape Rootstock Improvement Comm

Plaintiff Duarte Nursery, Inc., sells grape rootstock, the part of grapevines that becomes the root system. (Food & Agr. Code, §§ 74718, 74725; undesignated statutory references are to this Code.) Plaintiff challenges mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock. (§§ 74701-7479... More...   $0 (08-25-2015 - CA)

Alamo Recycling v. Anheuser Busch Inbev Worldwide

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California (the Beverage Companies or de... More...   $0 (08-25-2015 - CA)

Ebony Bridewll-Sledge v. Blue Cross of California

The present appeal involves two similar class actions that
were filed against the same defendants, in the same California
superior court, on the same day thirteen minutes apart, and
that were consolidated by the state court “for all purposes.”
Despite the fact that the two actions had been consolidated
into a single action, Defendants filed two separate notices of
removal, ... More...
   $0 (08-24-2015 - CA)

Denise Edwards v. The First American Corporation

We must decide whether the district court abused its
discretion in denying Plaintiff Denise P. Edwards’s motion
for class certification, in her action against Defendants First
American Corporation and its wholly owned subsidiary First
American Title Insurance Company (collectively, “First
American”). Edwards, seeking to represent a class of
similarly-situated home buyers, a... More...
   $0 (08-24-2015 - CA)

United States of America v. Russell Lee Collins, Eddie Wilburn and Richard Brosky

Defendants Russell Lee Collins, Eddie Wilburn, and Richard
Brosky appeal from final judgments of the United States District Court for the Eastern District of
Kentucky in a methamphetamine manufacturing and distribution conspiracy case. Defendant
Collins appeals from the judgment of the district court entered on October 2, 2012, sentencing
him to 324 months of incarceration for viol... More...
   $0 (08-24-2015 - KY)

Alan Baynes v. Brandon Cleland

Plaintiff-Appellant Alan Baynes appeals the district court’s
grant of summary judgment to Defendants Deputy Brandon Cleland, Deputy Frank Maiorana,
and Macomb County on his claims of excessive force and deliberate indifference to a serious
medical need under 42 U.S.C. § 1983. We hold that Defendants Cleland and Maiorana are not
entitled to qualified immunity for Baynes’ claim of ex... More...
   $0 (08-24-2015 - MI)

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