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Civil Procedure Law
 
New York State Rifle & Pistol Association, Inc., et al. v. Cuomo, et al.

Legislation enacted by the New York and Connecticut legislatures in 4   the  wake  of  the  2012  mass  murders  at  Sandy  Hook  Elementary 5   School in Newtown, Connecticut. The New York and Connecticut 6   laws  at  issue  prohibit  the  possession  of  certain  semiautomatic 7   “assault  weapons”  and  large‐capacity  magazines.  Following  the 8   entry of summary judgment in favor of... More...   $0 (10-19-2015 - NY)

United States of America v. Figueroa-Ocasio

The district court in this case accepted the defendant's straight plea of guilty to firearms
charges without taking all the steps necessary to determining that the plea was entered intelligently and knowingly. The district court also employed an erroneous illustration of the requisite
mens rea in order to defuse the defendant's suggestion that he lacked the knowledge needed to support ... More...
   $0 (10-19-2015 - PR)

Del Grosso v. Surface Transportation Board

Diana del Grosso, et al. petitioners") petitioned the Surface Transportation Board
("Board") for a declaratory order that state and local regulations
of a facility owned by Grafton & Upton Railroad Company ("G&U")
were not preempted by the Interstate Commerce Commission
Termination Act ("ICCTA"), Pub L. No. 104-88, 109 Stat. 803. The
Board held that state and local regulations... More...
   $0 (10-19-2015 - MA)

Wilbur and Kathryn Hardy, v. State Land Board

The State Land Board and the Department of State Lands (collectively, the state) appeal a judgment of the circuit court setting aside the board’s declaration of ownership of the bed and banks of the Rogue River between river miles (RM) 68.5 and 157.51 under the process established in ORS 274.400 to 274.412. It also appeals a supplemental judgment awarding petitioners their attorney fees and costs... More...   $0 (10-19-2015 - OR)

Steven Watley v. Kelly Corn

Oklahoma City, OK - Steven Watley and Shavon McNack-Watley, parents and next friends of S.W., Jr., a minor, sued Kelly Corn on a negligence theory claiming:

JOINT PETITION FOR APPROVAL OF SETTLEMENT
Now on this 4th day of August, 2015, the Petitioner/Plaintiff and CoPetitioner/Defendant set forth above, jointly petition this Court to approve a settlement agreement previously entered i... More...
   $1 (10-19-2015 - OK)

Chuck Devlin v. State of Montana

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 Charles Devlin appeals from the... More...
   $0 (10-19-2015 - MT)

Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to... More...   $410000 (10-19-2015 - MT)

John Joerg, Jr. v. State Farm Mutual Automobile Insurance Co.

At common law, the collateral source rule governed both evidence and
damages. See, e.g., Gormley v. GTE Prods. Corp., 587 So. 2d 455, 457 (Fla.
1991). Historically, the damages aspect of the collateral source rule prevented the
reduction of damages by collateral sources available to the plaintiff. Id. This rule
rested on the principle that a tortfeasor should not benefit fr... More...
   $0 (10-18-2015 - FL)

Valencia v. SCIS Air Security Corp.

The issue on appeal is a threshold one: whether Amanda Valencia’s (Valencia) claims that SCIS Air Security Corporation (SCIS) violated California meal and rest break laws and wage laws are preempted by the federal Airline Deregulation Act (FADA). The trial court granted summary adjudication finding that Valencia’s claims are preempted and, based on that ruling, denied Valencia’s motion to certif... More...   $0 (10-18-2015 - CA)

Christopher Helsley v. State of Indiana

Defendant Christopher Helsley was convicted for the April 2001 murders of Brad Maxwell and Marsha Rainey in Pike County and sentenced to life imprisonment without parole. In this direct appeal following a second guilt phase trial, he challenges his sentence. The defendant's sentence of life imprisonment without parole gives this Court mandatory and exclusive jurisdiction over this appeal. Ind. A... More...   $0 (10-18-2015 - IN)

The People v. Edwards

In 2005, 17-year-old defendant Michael Edwards and a group of friends from East Palo Alto drove to a high school house party in San José. Following an argument between the partygoers and defendant’s friends, members of defendant’s group fired multiple gunshots at a crowd gathered on the lawn in front of the house. A bullet struck 18-year-old Michael DeJesús in the head, fatally wounding him. Th... More...   $0 (10-18-2015 - CA)

RUSSELL L. NEWHALL vs. MARCIA ELAINE NEWHALL ROLL

Appeal from the Iowa District Court for Hardin and Butler Counties, Gregg
R. Rosenbladt, Judge. Marcia Roll appeals the district court’s judgment ordering the land owned
by Roll and Russel Newhall to be partitioned by sale. Roll and Newhall were both gifted one parcel of land in Butler County and inherited another parcel in Hardin County, Iowa. The Butler County property is
315.3 ... More...
   $0 (10-18-2015 - IA)

Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained in ... More...   $0 (10-18-2015 - CA)

CVS Pharmacy, Inc. v. The Superior Court of Sacramento County

Under what circumstances can a plaintiff who seeks injunctive relief on behalf of a class of which the plaintiff is not a member obtain precertification discovery to seek out a legitimate plaintiff to support an action for injunctive relief and monetary damages?

Here, real party in interest Charlene Deluca filed a complaint alleging defendants CVS Pharmacy, Inc., and Longs Drug Stores Cal... More...
   $0 (10-18-2015 - CA)

JACOB HACKMAN vs. NEW HAMPTON MUNICIPAL LIGHT PLANT

Appeal from the Iowa District Court for Chickasaw County, Margaret
Lingreen, Judge. Hackman was hired by the Plant in June 2008 as an operator. He
understood he was to be trained as a lineman as well to enable him to perform
additional tasks in the course of his employment. Hackman and his coworker,
David Hauser, reported to Gregory Heying, another operator. Brian Geschke More...
   $15773 (10-17-2015 - IA)

State v. Moyer

Steve Kelly Moyer directly appeals his five convictions for sex crimes against his minor daughter, J.M. He alleges that (1) the trial court judge was required to recuse; (2) his trial counsel's conflict of interest denied him the right to a fair trial; (3) the district court denied him due process by failing to conduct a meaningful hearing on his pro se pretrial motions for new counsel; (4) the d... More...   $0 (10-17-2015 - KS)

Cumberland Farms, Inc. v. City Council of Marlborough

Pursuing a plan for a gasoline station and a
convenience store in the city of Marlborough, Cumberland Farms
filed with the council applications for a special permit, see
G. L. c. 40A, § 9, and for a fuel storage license, see G. L.
c. 148, § 13. Two meetings of the council's urban affairs
committee were held between June, 2012, and March, 2013, on the
special permit ... More...
   $0 (10-17-2015 - MA)

DeShaw Nelson v. Donald Artley

At issue in this case is the extent of a rental car company’s financial responsibility for a default judgment entered against a driver of one of its vehicles where, as here, the company chose to comply with our state’s financial responsibility laws by obtaining a certificate of self-insurance from the Secretary of State. Adhering to a decision by the appellate court in Fellhauer v. Alhorn, 361 Ill... More...   $0 (10-17-2015 - IL)

United States of America v. Conrad Alvin Barrett

Houston, TX - Katy Man Sentenced for Hate Crime Involving the Assault of Elderly African-American Man

A man from Katy has been ordered to federal prison to serve a 71-month sentence following his conviction of a federal hate crime related to the racially-motivated assault of an 81-year-old African-American man.

Conrad Alvin Barrett, 29, was charged with violating the Matthew Sh... More...
   $0 (10-16-2015 - TX)

Emmanuel Martinez and Timothy Vallejo v. United States of America

Petitioners Emmanuel Martinez and
Timothy Vallejo appeal from the district court’s denial of
their motion to vacate, set aside, or correct their sentences
under 28 U.S.C. § 2255. They were separately sentenced to
life in prison for violating the Racketeer Influenced and Corrupt
Organizations Act (“RICO”), 18 U.S.C. § 1962(c), for
crimes committed when they were juveniles, i... More...
   $0 (10-16-2015 - WI)

Renee D. Gustafson v. William Adkins

In May 2007, defendant‐appellant
William Adkins, a detective at the Jesse Brown Veterans Af‐
fairs (“VA”) Medical Center in Chicago, installed a hidden
surveillance camera in the ceiling of an office used by female
officers as a changing area. The camera captured images of
female officers dressing and undressing. VA personnel dis‐
covered the covert survei... More...
   $0 (10-16-2015 - IL)

State of New Hampshire v. The Mandatory Poster Agency, Inc.

The State appeals an order of the Superior Court (McNamara, J.) dismissing 27 indictments alleging felony-level criminal violations of the New Hampshire Consumer Protection Act (CPA) by the defendant, The Mandatory Poster Agency, Inc. d/b/a Corporate Records Service. See RSA 358-A:6, I (2009). The trial court ruled that the indictments were defective because they alleged that the defendant acted... More...   $0 (10-16-2015 - NH)

G. BRIAN WEILER vs. STATE PUBLIC DEFENDER

The State Public Defender appeals the district court’s ruling approving the
appointment of G. Brian Weiler as a defendant’s appellate counsel. The State
Public Defender asserts Weiler’s appointment was contrary to Iowa Code section
814.11 (2011). We conclude that, because the State Appellate Defender was not
first appointed and consequently was not given the opportunity to re... More...
   $0 (10-16-2015 - IA)

STATE OF LOUISIANA v. RONALD MARSHALL

We granted the State of Louisiana‟s writ application to review the court of
appeal‟s decision that granted respondent Ronald Marshall‟s writ, in part. The
decision orders the district court to conduct an evidentiary hearing to consider the
ineffective assistance of counsel claims raised by respondent in an application for
post conviction relief, and to issue ... More...
   $0 (10-16-2015 - LA)

STATE OF LOUISIANA Vs. RANDY T. ALVEREZ, SR

The State charged defendant, Randy T. Alverez, Sr., with one count of
aggravated incest1 upon a thirteen year old female (victim), who had a familial
relationship with the defendant. Following a trial, the jury found defendant
guilty of attempted aggravated incest, and the trial court sentenced him to
six years at hard labor with credit for time served. Defendant appealed. <... More...
   $0 (10-16-2015 - LA)

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