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Class Action Law
 
Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

Alvin Doe v. Xavier Becerra, as Attorney General, etc.

This case involves a challenge to the California Department of Justice’s (DOJ)
policy that individuals who possess a federal license to collect “curio and relic” firearms
cannot, by virtue of possessing that license, purchase more than one non-curio or relic
handgun in a 30-day period. DOJ’s position is based on an interpretation of Penal Code
section 27535,
1 which both limits... More...
   $0 (02-11-2018 - CA)

United States of America v. Joseph Daniel Hudek, IV Western District of Washington Federal Courthouse - Seattle, Washington

Seattle, WA - Florida Man Who Assaulted Airline Flight Crew and Passengers Enroute to China Pleads Guilty

Defendant Admits He Struck Passengers and Crew after Attempting to Raise Lever on Exit Door while Airborne

A Tampa, Florida, man who assaulted crew and passengers on a Delta Airlines flight bound for China pleaded guilty today in U.S. District Court in Seattle to fo... More...
   $0 (02-10-2018 - WA)

Brande Lee Samuels v. Ryan McDonald, Robert Nigh, Steve Kunzeiler, Isaac Shields, Stuart Southerland Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brande Lee Samuels appeals the district court’s dismissal of his amended
complaint that alleged claims under 42 U.S.C. § 1983 against three Tulsa County public
defenders and two prosecutors with the Tulsa County District Attorney’s Office. The
court dismissed the amended complaint without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim. It granted Mr. Sam... More...
   $0 (02-10-2018 - OK)

Estate of Betty Lou McDermed v. Ford Motor Company District of Kansas Courthouse - Kansas City, Kansas

The estate of Betty McDermed, by and through its representative Diane
McDermed, along with Betty McDermed’s children, Paul McDermed and Georgia
Iocco (collectively “the McDermeds”), brought a product liability action against the
Ford Motor Company (“Ford”) following Betty McDermed’s death in a car accident.
After Ford filed two motions to exclude the McDermeds’ expert witnesses
... More...
   $0 (02-10-2018 - KS)

Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th... More...
   $0 (02-10-2018 - CO)

Timothy Redmond v. Scott Crowther District of Utah Federal Courthouse - Salt Lake City, Utah

This appeal arises from prison officials’ attempt to gain control over an
agitated prisoner who refused to obey their orders, locked himself in the prison’s
outdoor recreation yard, and threatened prison officials. To subdue the prisoner,
prison officials decided to drop CS gas, a commonly used tear gas, into the
recreation yard.
The plan went awry. The recreation yard containe... More...
   $0 (02-10-2018 - UT)

Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,... More...
   $0 (02-10-2018 - CA)

Dalia Rojas v. HSBC Card Services, Inc.

APPEAL from a judgment of the Superior Court of San Diego County, Earl H.
Maas III, Judge. Reversed and remanded with directions.

In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of
action against defendants HSBC Card Services Inc. and HSBC Technology & Services
(USA) Inc. (together HSBC) based on HSBC's alleged violations of Rojas's right toMore...
   $0 (02-10-2018 - CA)

Janelle Perez v. City of Roseville, et al. Eastern District of California Federal Courthouse - Sacramento, California

We are confronted in this case with the ongoing and difficult constitutional question of how much control the government can force individuals to cede over their private lives in exchange for the privilege of serving the public by means of government employment. To be sure, private citizens often must sacrifice some individual freedom as a condition of their employment by the State, but “a citizen... More...   $0 (02-09-2018 - CA)

Sonny Low v. Trump University, LLC, ak/a Trump Entrepreneur Initiative and Donald Trump Southern District of California Federal Courthouse - San Diego, California

Trump University, now defunct, was a for-profit entity that purported to teach Donald J. Trump’s “secrets of success” in the real estate industry. During the 2016 presidential election, Trump University and Trump were defendants in three lawsuits alleging fraud and violations of various state and federal laws: two class actions in the Southern District of California, and a suit by the New York Att... More...   $0 (02-09-2018 - CA)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

Seanlim Yith and Seak Leang Yith v. Kristen Nielsen, et al. Eastern District of California Federal Courthouse - Fresno, California

Seanlim and Seak Leang Yith appeal from the district
court’s dismissal of their complaint requesting adjudication
of their naturalization applications pursuant to 8 U.S.C.
§ 1447(b). Relying on 8 U.S.C. § 1429, the district court
concluded that the Yiths were precluded from obtaining any
relief because they were concurrently in removal proceedings.
See 8 U.S.C. § 1429 (prov... More...
   $0 (02-09-2018 - CA)

Juan D. Vega, Jr. v. United States of America, et al. Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu... More...   $0 (02-09-2018 - WA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Clayton Douglas v. Serenivision, Inc.

There is a “strong presumption that courts should
determine the jurisdiction of arbitrators.” (Sandquist v. Lebo
Automotive, Inc. (2016) 1 Cal.5th 233, 249 (Sandquist).) Parties
may nevertheless agree to let an arbitrator decide his or her own
jurisdiction, at least if their agreement to do so is “‘clear[] and
unmistakabl[e].’” (Howsam v. Dean Witter Reynolds, Inc. (2002)
5... More...
   $0 (02-08-2018 - CA)

Annie Rayman v. Abbott Amubulance, Inc. St. Louis City Courthouse - City of St. Louis, Missoui

Annie Rayman (“Rayman”) appeals from the trial court’s grant of summary judgment in
favor of Abbott Ambulance, Inc. (“Abbott”) on her negligence claim. Rayman sued Abbott for
damages that resulted from an automobile collision between Rayman and a third party. The trial
court granted Abbott’s motion for summary judgment, finding that Abbott did not owe Rayman a
duty of care and that... More...
   $0 (02-08-2018 - MO)

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)

State of Missouri v. Vicki Leann Gilmore St. Clair County Courthouse - Osceola, Missouri

Vicki Gilmore appeals her conviction of the class C felony of possession of a
controlled substance, arguing insufficient evidence supports her conviction. Following a
jury trial, Gilmore was found guilty and sentenced to seven years in prison. The circuit
court suspended the execution of the sentence and placed her on probation for five years.
Because there was insufficient evidenc... More...
   $0 (02-08-2018 - MO)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o... More...
   $0 (02-08-2018 - )

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)

United States of America v. George Pate, Cookie G. Pate Western District of Missouri Federal Courthouse - Kansas City, Missouri

George and Cookie Pate appeal the district court’s2 enforcement of summonses
issued by the Internal Revenue Service (“IRS”) in April 2015. The summonses
directed the Pates to provide testimony regarding alleged tax deficiencies. The Pates
appeared before IRS Officer Mark Boston and invoked the Fifth Amendment
privilege in response to every question, including questions about their ... More...
   $0 (02-08-2018 - MO)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

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