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Civil Rights Law
 
STATE OF KANSAS v. ERICKA L. WEBBER

The State charged Webber with third offense DUI, a nonperson felony under K.S.A. 2017 Supp. 8-1567(b)(1)(D), two traffic infractions, and misdemeanor circumvention of ignition interlock device. Webber pled no contest to the DUI charge and the State dismissed the remaining charges. The presentence investigation (PSI) report prepared before sentencing indicated that Webber had three prior DUI convic... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. BERNARD SMITH

On July 6, 2007, Smith pled guilty to a single count of aggravated robbery, a severity level 3 person felony, in exchange for the dismissal of several other charges. A presentence investigation revealed that Smith had a criminal history score of A, based, in part, on two burglary convictions from 1988 and 1990. On September 26, 2008, the district court sentenced Smith to 221 months in prison, the ... More...   $0 (05-27-2018 - KS)

RONALD D. HENDRIX, BDOE OF CHESTERFIELD, INC., BDOE, INC., and BD75, INC. V. JIM SHERIDAN, UES, LLC, SFCC-OLATHE, INC., and SHERIDAN'S FRANCHISE SYSTEMS, INC. Kansas Judicial Center

In 2013, Hendrix; BDOE, Inc.; and Hendrix's two other franchises (collectively Hendrix) filed suit against Sheridan; UES, LLC, the company that owned Unforked; and SFCC-Olathe, Inc. alleging fraud, breach of contract, and violations of the Kansas Consumer Protection Act. He later amended the petition to include SFS. Hendrix sought damages in excess of $75,000 and a declaration that he did not have... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. THOMAS LEE STUTEVILLE

On October 19, 2014, Kansas City police officers were sent to an industrial complex once used for pharmaceutical manufacturing and animal research. The dispatch report described a witness' account of seeing a parked vehicle near the industrial complex and people walking up a hill toward the abandoned complex. After responding to the scene, Officer Chris O'Neill saw the suspicious vehicle and then ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. COREY L. JACKSON Rape of a 14-year-old girl MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Based on seven fact stipulations with the State, the court convicted Corey L. Jackson of the rape of a 14-year-old girl. He asks us to overturn his conviction because he did not receive a speedy trial. More than 600 days elapsed between his arraignment and his trial. The record reveals that most of the delay was a result of him trying to secure a second DNA test for his defense. Jackson has not co... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. BRADLEY A. EMERSON

On January 24, 2016, off-duty police officer, Officer Craig Pyle and his wife witnessed a Chevy truck driving away from the "Hiawatha Farm & Home, Steve's Tractor Repair, and John Deere area." These stores are all a part of Hiawatha Implement, a business that sells agricultural and utility vehicles and services. The truck was pulling a trailer, which was loaded with an implement attachment inside ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. HEATH ALLEN UMPHENOUR Aggravated indecent liberties with a child

A jury convicted Heath Allen Umphenour of one count of aggravated indecent liberties with a child, one count of aggravated criminal sodomy, four counts of sexual exploitation of a child, and two counts of breach of privacy. Four of Umphenour's convictions were off-grid Jessica's Law offenses. For his off-grid Jessica's Law convictions and Kansas Sentencing Guidelines Act (KSGA) grid convictions, ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. TONY TOLIVER

After Toliver's conviction for battery of a law enforcement officer, he was ultimately placed on post-incarceration supervision, i.e., parole, with the Kansas Department of Corrections (KDOC). Toliver signed an agreement that set out the specific conditions of his parole. One of these "Conditions of Release for Post-incarceration Supervision" required his subjection to suspicionless residential se... More...   $0 (05-27-2018 - KS)

STATE OF NEW MEXICO v. WILBUR M. STEJSKAL Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Wilbur M. Stejskal (Defendant) appeals an amended judgment
4 and sentence entered two years after the entry of his original judgment and sentence.
5 By changing the word “concurrent” to the word “consecutive,” the amended judgment
6 has the practical effect of increasing Defendant’s term of incarceration from nine
7 years to ten years. On appeal, Defendant asserts that, ... More...
   $0 (05-27-2018 - NM)

Holly B. Geraci v. Union Square Condominium Association Northern District of Illinois Courthouse - Chicago, Illinois

This appeal arises from a Fair Housing
Act (“FHA”) failure to accommodate and retaliation claim.
A jury found in favor of the defendant, Union Square Condominium
Association (“Union Square”). The plaintiff, Holly
Geraci, now appeals asserting that the district court errone2
No. 17‐1945
ously instructed the jury as to the elements for her retaliation
claim, and err... More...
   $0 (05-27-2018 - IL)

Monty Bauch v. Richland County Children Services Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...
   $0 (05-26-2018 - OH)

Ceil Walker Norris v. MK Holdings, Inc. d/b/a Reion's Morgan Keegan Trust Company Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Ceil Walker Norris, individually and in her
role as a trustee of several family trusts, and on behalf of her business, Walker & Associates,
Inc., (individually and collectively “Walker”) initiated this action against MK Holding, Inc.
(“MK Holding”) and Regions Financial Corporation (“Regions FC”), alleging that they breached
their duties as trustees of the various family trusts by ... More...
   $0 (05-26-2018 - TN)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

Terri Raines v. Coastal Pacific Food Distributors,Inc.

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...
   $0 (05-25-2018 - CA)

Ivan Arnold v. Homeaway, Inc. Western District of Texas Federal Courthouse - San Antonio, Texas

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...
   $0 (05-25-2018 - TX)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Forrest Huff v. Securitas Security Services USA, Inc.

This case presents the question of whether a plaintiff who brings a representative
action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698,
et seq.) may seek penalties not only for the Labor Code violation that affected him or her,
but also for different violations that affected other employees. The trial court granted
plaintiff Forrest Huff a new trial, rea... More...
   $0 (05-24-2018 - CA)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

U’DREKA ANDREWS vs. STATE OF FLORIDA

U’dreka Kynshere Andrews was convicted of first-degree murder, burglary,
and robbery and was sentenced to life without the possibility of parole for the first
degree murder conviction. Andrews was 17 years old at the time she committed
the offenses. Subsequently, the United States Supreme Court held in Miller v.
Alabama, 567 U.S. 460, 479 (2012), “that the Eighth Amendment for... More...
   $0 (05-22-2018 - FL)

State of Tennessee v. Kenneth Michael McIntosh

On November 5, 2013, a Knox County grand jury issued a presentment charging the defendant with sixteen counts of aggravated child abuse (Counts 1-6, 11-20) and two counts of child abuse (Counts 30-31). The charges stemmed from a series of incidents in which the defendant subjected the victims to physical abuse, prolonged periods of confinement, and restraint with handcuffs. The presentment also c... More...   $0 (05-22-2018 - TN)

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