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Civil Procedure Law
 
William Cordoba v. Silvia Pulido Northern District of California Federal Courthouse - San Francisco

Oakland, CA - Jury Awards Convicted Killer $115,000 For Being Turned Into a Sex Slave

William Cordoba, age 57, sued Silvia Pulido on a civil rights violation theory under 42 U.S.C. 1983 claiming that he was forced to engage in sexual activities by Pulido who taught janitorial skills at San Quentin and for whom he was a clerk.... More...
   $0 (02-08-2018 - CA)

State of Missouri v. Gregory Allen Heidbrink Warren County Courthouse - Warrenton, Missouri

Gregory Alan Heidbrink (Appellant) appeals from the trial court’s judgment
entered after a jury trial convicting him of receiving stolen property. We affirm in part,
reverse in part, and remand for resentencing.
Factual and Procedural Background
The State charged Appellant, as a prior and persistent offender, with one count of
receiving stolen property, a class C Felony, in vio... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

United States of America v. Mark Arlin Hammerschmidt District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Mark Arlin Hammerschmidt (Mark) pleaded guilty to two counts of conspiracy
to defraud the United States in violation of 18 U.S.C. § 286 and was sentenced to 135
months’ imprisonment. Ornella Angelina Hammerschmidt (Ornella) pleaded guilty
to one count of making false claims for refunds in violation of 18 U.S.C. § 287 and
was sentenced to 48 months’ imprisonment. The Hammerschmidts ... More...
   $0 (02-08-2018 - MN)

United States of America v. Randy Metcalf Northern District of Iowa Federal Courthouse - Dubuque, Iowa

A jury convicted Randy Joe Metcalf of committing a hate crime in violation of
the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18
U.S.C. § 249(a)(1) (the Act). The district cou 1 rt2 sentenced Metcalf to the statutory
maximum sentence of 120 months’ imprisonment. Metcalf appeals, arguing that the
Act is unconstitutional because Congress lacked the author... More...
   $0 (02-08-2018 - IA)

Lisa M. Wilcox v. United States of America; Lake Regional Health System; Richland Medical Center; Robert C. Neilson, M.D.; Rossell Johnson, M.D. Western District of Missouri Federal Courthouse - Jefferson City, Missouri

Lisa Wilcox appeals the judgment of the district court2 granting the United States’ motion to substitute parties and motion to dismiss, and Lake Regional Health Systems’ (Lake Regional) motion for summary judgment. We affirm.
I.
On June 28, 2013, Wilcox filed a petition in the Circuit Court of Camden County, Missouri alleging negligence against Dr. Robert Nielsen and Dr. Russell Johnson af... More...
   $0 (02-08-2018 - MO)

Larry Gene Burks v. Wendy Kelley, Director, Arkansas Department of Corrections Easter District of Arkansas Federal Courthouse - Pine Bluff, Arkansas

Larry Burks was convicted of rape in Arkansas and sentenced to thirty years in
prison. When Burks, more than five years later, petitioned for a writ of habeas corpus
under 28 U.S.C. § 2254, there was a dispute about whether the petition was timely.
The district court determined that the one-year statute of limitations should be
equitably tolled and deemed Burks’s petition timely. T... More...
   $0 (02-08-2018 - AR)

Today's Fresh Start Charter School v. Inglewood Unified School District

Under the Education Code, in order to add a new charter
location, an established charter school must obtain approval in
the form of a material revision from the authority that granted
its charter. (Ed. Code, § 47605, subd. (a)(4).)1 Today’s Fresh
Start Charter School (Today’s Fresh Start), the appellant in this
appeal, sought both this approval and renewal of its charter in
... More...
   $0 (02-07-2018 - CA)

United States of America v. Deangelo Anderson Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

On September 23, 2014, a grand jury
returned a five-count indictment against Deangelo Anderson,
charging him in counts one and two with armed robbery of a
bank and brandishing a firearm in furtherance of a crime of
violence (i.e. the bank robbery), and in counts three, four and
2 No. 16-3112
five with unlawful possession of a firearm as a felon, possession
of crack coca... More...
   $0 (02-07-2018 - WI)

Margery Newman v. Metropolitan Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor... More...
   $0 (02-07-2018 - IL)

Tia Simmons Perkins, Michael Simmons and Vance Simmons v. PHL Variable Insurance Company and Monte K. Miron MoreLaw Suites 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - Tia Simmons Perkins, Michael Simmons and Vance Simmons sued PHL Variable Insurance Company and Monte K. Miron

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: PERKINS, TIA SIMMONS
Filed Date: 12/20/2016
Party Name Disposition Information
Defendant: MIRON, MONTE K Disposed: DISMISSED - SETTLED, 01/04/2018. Dismissed- Settled
Defen... More...
   $0 (02-07-2018 - )

United States of America v. Cynthia Fletcher, et al. v. State of Mississippi and Simpson County School District Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in... More...   $0 (02-06-2018 - MS)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,... More...
   $0 (02-06-2018 - MI)

Steven Mora v. Webcor Construction, L.P.

California Labor Code section 226, subdivision (a) (Section 226(a)), requires
employers to provide employees wage statements itemizing, among other things, all
wages earned, including the hours worked and applicable rates of pay. Plaintiff and
appellant Steven Mora (appellant) contends defendant and respondent Webcor
Construction, L.P. (respondent) violated Section 226(a) by faili... More...
   $0 (02-06-2018 - CA)

Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Grand Mesa Pipeline LLC v. Donna Elizabeth Ward Payne County Courthouse - Stillwater, Oklahoma

Stillwater, OK - Grand Mesa Pipeline LLC used Donna Elizabeth Ward on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by her for the construction of a pipeline.

Docket
Date Code Description Count Party Amount
08-17-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
08-17-2015 CONDEMN ... More...
   $0 (02-05-2018 - OK)

Juan A. Salinas and Lucila Fuentes v. Sue Ann Ramsy and Hilda Ramsey Southern District of Florida Courthouse - Miami, Florida

Last year our panel heard the appeal of Juan Salinas and Lucila Fuentes, who sought and were denied post-judgment discovery by the District Court in relation to a 10-year-old judgment they got in that court. See Salinas v. Ramsey, 858 F.3d 1360, 1360 (11th Cir. 2017). The District Court denied the discovery motion as untimely, holding that post-judgment discovery was barred by the 5-year limitatio... More...   $0 (02-05-2018 - FL)

Dana Jennifer Engstrom v. James McCarthy

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman... More...
   $0 (02-05-2018 - AZ)

United States of America v. Omar Dupraz Crittington Western District of North Carolina Courthouse - Charlotte, North Carolina

Omar Dupraz Crittington appeals from the district court’s judgment revoking his supervised release and imposing a 7-month prison term and 1-year term of supervised release. He contends that his due process rights were violated because the district court failed to ensure he made a knowing and voluntary admission to violating the terms of his supervised release and waiver of his rights under Fed. R.... More...   $0 (02-04-2018 - NC)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

A.H. v. Illinois High School Association Northern District of Illinois Courthouse - Chicago, Illinois

A.H., a senior at Evanston Township
High School, is a member of the school’s track and field team
despite his physical limitations from spastic quadriplegia
related to cerebral palsy. During his junior year, he requested
that the Illinois High School Association (IHSA) create a
2 No. 17‐2456
separate division with different time standards for paraambulatory
runner... More...
   $0 (02-02-2018 - IL)

Rashad B. Swanigan v. City of Chicago Northern District of Illinois Courthouse - Chicago, Illinois

While on the lookout for a serial
bank robber, Chicago police officers misidentified Rashad
Swanigan as the perpetrator, arrested him, and detained him
for approximately 51 hours without a probable-cause hearing.
He was released when the state prosecutor decided not
to press charges, and police later found the true culprit.
2 No. 16-1568
Swanigan sued the officers invol... More...
   $0 (02-02-2018 - IL)

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