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American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

Auto-Owners Insurance Company v. Jennifer Csaszar District of Colorado Federal Courthouse - Denver, Colorado

Auto-Owners Insurance Company provided automobile insurance to Frank
and Nancy Csaszar and their daughter, Jennifer.1 But when that policy’s term
came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of
their daughter’s driving record, it would only renew their policy if it excluded her
from coverage. The Csaszars agreed. The policy accordingly included an
“e... More...
   $0 (06-19-2018 - CO)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

STATE OF OHIO v. MICHAEL J. HALL, III

Defendant-appellant, Michael J. Hall, III, appeals his conviction and sentence
for the following offenses, to wit: Count I: possession of criminal tools, in violation of R.C.
2923.24(A), a felony of the fifth degree; Count II: possession of cocaine, in violation of
R.C. 2925.11(A) and (C)(4)(e), a felony of the first degree, accompanied by a one-year
firearm specification; Cou... More...
   $0 (06-19-2018 - OH)

United States of America v. Jake C. Files Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Fayetteville, FL - Former Arkansas State Senator Sentenced to Prison for Wire Fraud, Money Laundering, and Bank Fraud

Former Arkansas State Senator Jake C. Files was sentenced to 18 months in prison for orchestrating a scheme to obtain approximately $46,500 in state government funds through fraudulent means and for obtaining approximately $56,700 in loan proceeds, also through fraudulent ... More...
   $0 (06-19-2018 - AR)

Estate of Linda Faye Jones, et al. v. Chidren's Hospital and Health System Inc., Pensin Plan Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Three days into retirement and three
days before the start of her pension, Linda Faye Jones died.
The Administrative Committee, which oversees the Children’s
Hospital and Health System, Inc. Pension Plan, denied
the pension to Linda’s daughter and beneficiary, Kishunda
Jones. The Committee reasoned that only spouses are entitled
to benefits under the Plan when a participant... More...
   $0 (06-16-2018 - WI)

Tamara Skidgel v. California Unemployment Insurance Appeals Board

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...
   $0 (06-15-2018 - CA)

Kathy A. Netro v. Greater Baltimore Medical Center, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

Kathy Netro brought a medical malpractice suit in state court against the Greater Baltimore Medical Center for its negligent care of her now-deceased mother. When she won, GBMC became liable under federal law for payments Medicare had made for Netro’s mother’s treatment. GBMC did not immediately satisfy the judgment. And three weeks after the state court entered its final order, Netro brought this... More...   $0 (06-14-2018 - MD)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

Marie Gillispie v. Regional Care Hospital Partners, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

We are asked to determine whether the District Court
erred in dismissing a claim under the “whistleblower”
protection provision of the Emergency Medical Treatment and
Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. The
dispute here arises from Marie Gillispie’s allegations that the
Southwest Regional Medical Center (the “Medical Center”)
terminated her employment because s... More...
   $0 (06-13-2018 - PA)

Joshua Shiver v. Charles Edward Laramee

The sudden emergency doctrine, aka the imminent peril
doctrine, shields a defendant from liability in a negligence action.
The rule is aptly restated in jury instruction CACI 452. Here we
have the rare case when the rule applies at a summary judgment
motion. The driver of a motor vehicle who lawfully has the right
of way is 1) not required to foresee “roadrage”; and 2) that car... More...
   $0 (06-13-2018 - CA)

STATE OF KANSAS v. JOSIAH R. BUNYARD

In September 2015, Bunyard pled guilty to one count of possession of methamphetamine. The presentence investigation report scored Bunyard's criminal history as A, based in part on combining six prior adult misdemeanor battery convictions into two adult person felony convictions. Bunyard filed a motion objecting to his criminal history and argued that these convictions should not be scored because ... More...   $0 (06-12-2018 - KS)

In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2013 in Sumner County, Kansas

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

State of Vermont v. Benjamin Charette

Defendant pled guilty to a charge of attempted luring of a child pursuant to 13
V.S.A. § 2828 based on his attempt to meet with a person he believed to be a minor child for the
purpose of having sex. The charging affidavit reflects that, after receiving complaints concerning
defendant’s inappropriate online contact with minors, an investigator, posing as a thirteen-year
old gir... More...
   $0 (06-11-2018 - VT)

State of Vermont v. William Schenk Vermont Supreme Court

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...
   $0 (06-11-2018 - VT)

Adrian Camacho v. Target Corporation

Plaintiff Adrian Camacho appeals from a judgment entered after the trial court
granted summary judgment in favor of defendant Target Corporation (Target) on
Camacho's causes of action for discrimination based on sexual orientation, harassment
causing a hostile work environment, failure to prevent harassment and discrimination,
retaliation, constructive termination in violation of ... More...
   $0 (06-11-2018 - CA)

COMMONWEALTH vs. RONALD N. DUPRE Massachusetts Supreme Judicial Court

The defendant appeals from his conviction of operating a motor vehicle while under the influence of alcohol, fifth offense, on the ground that statutory definitions of "motor vehicle" are inconsistent and therefore unconstitutionally vague. Specifically, the defendant argues that his vehicle met the definition of a "motorized bicycle" under G. L. c. 90, § 1. As G. L. c. 90, § 1, as amended throu... More...   $0 (06-10-2018 - )

CLIFTON STEEL COMPANY vs. TRINITY EQUIPMENT COMPANY

Clifton is a steel manufacturer whose products include wear parts for the railroad
industry. Railroad wear parts are replaced on a consistent basis “to protect wear within the
[railroad] car itself.” Trinity sells railroad parts and has acted as Clifton’s sales agent since
1986. No written contract between the companies existed until May 4, 2012, when the parties
e... More...
   $0 (06-09-2018 - OH)

Devon Evans v. State of Indiana Indiana Court of Appeals

On December 12, 2016, Evans signed a plea agreement for cause number
49G04-1607-F5-27986 (“Cause #27986”) wherein he pled guilty to Level 5
felony criminal confinement.2 In return, the State agreed to dismiss other
pending charges. In the plea agreement, the NCOs as to K.O. and A.P. were
noted to be available for modification if either K.O. or A.P. requested it.
Additio... More...
   $0 (06-09-2018 - IN)

John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion... More...
   $0 (06-09-2018 - CA)

Danny P.; Angela P.; Nicole B. v. Catholic Health Initiatives Western District of Washington Federal Courthouse - Seattle, Washington

Danny P., Angela P. and Nicole B. (hereafter collectively
“P”) appeal the district court’s grant of summary judgment to
Catholic Health Initiatives (“CHI”) and Catholic Health
Initiatives Medical Plan–Blue Cross Blue Shield (collectively
“the Plan”). The Plan denied P’s claim for the cost of Nicole
B.’s inpatient stay in Island View Residential Treatment
Center (“Island Vie... More...
   $0 (06-09-2018 - WA)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

Mateel Environmental Justice Foundation v. Office of Environmental Health Harzard Asse

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...
   $0 (06-08-2018 - CA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

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