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Civil Procedure Law
 
Martin Wiesenthal v. Yvonne L. Wiesenthal

In this consolidated appeal, the former husband challenges an order denying his petition for modification of alimony and child support (4D11-3501); an order finding him in contempt for failing to pay alimony and child support (4D11-4400); and the money judgment entered following his failure to pay the attorney’s fees awarded to the former wife in the order denying modification (4D12-3515). Havin... More...   $0 (01-07-2015 - FL)

Nanci Hubsch v. Howell Creek Reserve Community

Nanci Hubsch appeals a final summary judgment foreclosing a homeowner’s
association lien. She argues that she was denied due process when the trial court failed
to allow her to appear telephonically for the summary judgment hearing despite filing a
proper and timely motion for a telephonic appearance. We agree and reverse.
2
Howell Creek Reserve Community Association, Inc. fi... More...
   $0 (01-07-2015 - FL)

Infrax Systems, Inc. v. Pierce Glen Wood

After a bench trial, the trial court entered a money judgment in favor of
Pierce Glen Wood and against Infrax Systems, Inc. (Infrax).1 The amount of the
judgment is $68,575.38. On Infrax's appeal from the judgment, we reverse the portion
of the judgment representing treble damages and processing fees awarded under
1In the final judgment, the trial court ruled that Mr. Wood was enti... More...
   $0 (01-07-2015 - FL)

United States of America v. Jordan James Lamott

GREAT FALLS, MT - A Browning man has been sentenced to prison following a guilty verdict in a September 2014 trial. Jordan James Lamott was sentenced to 32 months in prison followed by 3 years supervised release for strangling his girlfriend. This is the first case in the District of Montana that a defendant has been convicted at trial for strangulation in federal court since the inception of th... More...   $0 (01-07-2015 - MT)

Georgia State Conference of the NAACP v. Fayette County Board of Commissioners

At the time this suit commenced, no African-American candidate had ever been elected to either the Fayette County Board of Commissioners (BOC) or the Fayette County Board of Education (BOE) in Fayette County, Georgia. The Georgia State Conference of the NAACP, the Fayette County Branch of the NAACP, and ten individual African-American registered voters residing in Fayette County (collectively, App... More...   $0 (01-07-2015 - GA)

State of Maine v. Jeffrey P. Wyman

[¶1] Jeffrey P. Wyman appeals from a judgment of conviction of perjury
(Class C), 17-A M.R.S. § 451(1)(A) (2014), entered in the trial court
(Anderson, J.) after a jury trial. Jeffrey contends that the trial court abused its
discretion by (1) allowing the State to introduce and comment on his silence
following his arrest for operating under the influence (OUI), (2) allowing a pol... More...
   $0 (01-06-2015 - ME)

Michael E. Davis a/k/a Tony Davis v. Electronic Arts, Inc.

We are called upon to balance the right of publicity of
former professional football players against Electronic Arts’
(EA) First Amendment right to use their likenesses in its
Madden NFL series of video games. We previously held
EA’s unauthorized use of a former college football player’s
likeness in the NCAA Football series of video games was not,
as a matter of law, ... More...
   $0 (01-06-2015 - CA)

Matthew Shelby Whitaker v. State of Oklahoma

¶1 On June 15, 2009, Appellant Whitaker, represented by counsel, entered a guilty plea to a charge of Distribution of a Controlled Substance in Tulsa County Case No. CF-2008-6121. Whitaker's sentencing was deferred for a period of four years, subject to terms and conditions of probation. On May 24, 2013, the State filed an Application to Accelerate Deferred Sentence, alleging Whitaker committed t... More...   $0 (01-05-2015 - OK)

United States of America v. Shawn Lampman

LAS VEGAS, NV – A Las Vegas man who earned over $7 million during 2007 and failed to file a 2008 federal tax return with the IRS, was sentenced to 10 months in prison, one year of supervised release, and ordered to pay approximately $2.5 million in restitution to the IRS, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.

“We work with the IRS to enforce the nation'... More...
   $0 (01-05-2015 - NV)

United States of America v. Emannouil “Manny” Varagiannis

LAS VEGAS, NV – A Las Vegas man who formerly operated a well-known local adult entertainment club and owned an escort service business, was sentenced today by U.S. District Judge Phillip M. Pro to 15 months in prison for his guilty plea to tax evasion, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.

Emannouil “Manny” Varagiannis, 44, was also ordered to pay $230... More...
   $0 (01-05-2015 - NV)

Ryan Butterworth v. United States of America

Ryan Butterworth was convicted
by a jury in 2007 on federal criminal charges arising from his
involvement in a crack-cocaine distribution operation. He
initiated a collateral attack on his sentence after the Supreme
Court, in Alleyne v. United States, 133 S. Ct. 2151, 2155 (2013),
held that any fact leading to the imposition of a mandatory minimum
sentence must be found by ... More...
   $0 (01-05-2015 - ME)

In re the Marriage of SMC and JCR

Tulsa, OK - SMC sued JCR seeking dissolution (divorce) of their marriage with minor children claiming:

PETITION FOR DISSOLUTION OF MARRIAGE
Comes Now Petitioner, SMC, and for her cause of action against Respondent, JCR, alleges and states:
1. Petitioner is now and has been for more than six (6) months immediately preceding the filing of this Petition, a resident of the State of Ok... More...
   $0 (01-02-2015 - OK)

United States of America v. Yvonne Gumaer

PLANO, Texas – A 68 year-old Galveston, Texas woman has been sentenced to federal prison for federal violations related to a mortgage fraud scheme in the Eastern District of Texas.

Yvonne Gumaer pleaded guilty on Jan. 22, 2013 to making a false statement in connection with an FHA insured home loan and was sentenced to 33 months in federal prison today by U.S. District Judge Richard Sche... More...
   $0 (01-01-2015 - )

Left Fork Mining Company, Inc. v. Irving Hooker, et al.

This is an appeal from the district court’s dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy
in this case. For the reasons stated herein, we AFFIRM.
I.
P... More...
   $0 (01-01-2015 - KY)

The Estate of Carlos Bassatt v. School District No. 1 in the City and County of Denver, Patrick Sanchez

In 2007, Carlos Bassatt was accused by a school district employee of
masturbating in the parking lot of West High School (“West”) in Denver during
school hours. Consequently, he was terminated from his student teaching
placement with School District No. 1 of the City and County of Denver
(“District”) for misconduct. Although the Denver District Attorney’s Office chose
... More...
   $0 (12-31-2014 - CO)

William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f... More...
   $0 (12-29-2014 - MA)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

United States of America v. Rasheed Babatunde Kayode

Rasheed Babatunde Kayode was sentenced to 210 months’ imprisonment after pleading guilty to mail fraud, aggravated identity theft, and unlawful procurement of naturalization. Kayode subsequently petitioned the district court to vacate his plea agreement pursuant to 28 U.S.C. § 2255, arguing that his counsel failed to warn him of the likely deportation consequences of his guilty plea. The distri... More...   $0 (12-26-2014 - )

Terry Clifton v. Wayne Carpenter

Terry Clifton’s habeas corpus
petition was denied because he failed to file his appeal in the Davidson County Chancery Court
within the sixty-day period allowed for filing such appeals. Clifton attempted to file during that
timeframe, but the clerk returned it unfiled because of unpaid court costs from a previous matter.
Tennessee Code § 41-21-812 prohibits court clerks from fil... More...
   $0 (12-24-2014 - TN)

Terry Clifton v. Wayne Carpenter

District Judge. Terry Clifton’s habeas corpus
petition was denied because he failed to file his appeal in the Davidson County Chancery Court
within the sixty-day period allowed for filing such appeals. Clifton attempted to file during that
timeframe, but the clerk returned it unfiled because of unpaid court costs from a previous matter.
Tennessee Code § 41-21-812 prohibits court... More...
   $0 (12-24-2014 - TN)

United States of America v. Samuel Rodriguez

This appeal presents the question of whether 18 U.S.C.
§ 3583(h), 1 which covers the calculation of the maximum term of
supervised release following revocation of a previous term of
supervised release, requires that the term be reduced by all prior
post‐revocation terms of imprisonment imposed on the same
underlying offense, or by only the most‐recent term of
imprisonm... More...
   $0 (12-24-2014 - NY)

United States of America v. Jose Alibal Santiago

This case involves the guilty plea
of a coconspirator, Jose Alibal Santiago, in a 2010 murder in Rhode
Island. This court earlier issued an en banc decision about the
state's obligation to honor a federal detainer in this same murder
for his codefendant, Jason Pleau. See United States v. Pleau, 680
F.3d 1 (1st Cir. 2012) (en banc).
On September 5, 2013, Jose Alibal Santiago... More...
   $0 (12-24-2014 - RI)

United States of America v. Antonio Clark

Antonio Clark appeals the denial of his 28 U.S.C. § 2255 motion to vacate,
set aside, or correct his sentence. He argues that the district court erred in
rejecting his ineffective assistance of counsel claims and in relying on an
incomplete transcript of his change of plea hearing. Exercising jurisdiction under
28 U.S.C. §§ 1291 and 2253, we deny a certificate of appealability (... More...
   $0 (12-24-2014 - KS)

United States of America v. United States Congressman Michael Grimm

United States Congressman Michael Grimm pleaded guilty at the federal courthouse in Brooklyn, New York, to aiding and assisting the preparation of a false tax return. Since 2011, Grimm has served as a member of the United States House of Representatives representing New York’s 11th Congressional District, which includes the borough of Staten Island and parts of the borough of Brooklyn, in New Yo... More...   $0 (12-23-2014 - NY)

Robin L. Walker v. Mod-U-Kraf Homes, LLC

Robin Lynn Walker appeals the district court’s grant of summary judgment to her former employer, Mod-U-Kraf Homes, LLC (“Mod-U-Kraf Homes”), on her claims of a sexually hostile work environment and retaliation. For the reasons set forth below, we vacate the judgment of the district court on the hostile work environment claim and remand for further proceedings as to it. We affirm the grant of... More...   $0 (12-23-2014 - VA)

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