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Contempt Law
Facebook, Inc. v. The Superior Court of San Diego County, Lance Touchstone, Real Party in Interest

The issue whether a criminal defendant has a constitutional right to obtain social
media records from an electronic communication or remote computing service is
currently under review by the California Supreme Court in Facebook, Inc. v. Superior
Court (2015) 240 Cal.App.4th 203, review granted December 16, 2015, S230051
(Facebook I). In this case, we address the same issue knowing ... More...
   $0 (10-05-2017 - CA)

Lisa Bell v. Zachary Broch Palm Beach County Courthouse - West Palm Beach, Florida

The wife appeals a final judgment of dissolution of marriage, raising multiple issues on appeal. We affirm without discussion all issues except one. We find merit in the wife’s challenge to child support awarded to the husband and, as such, we reverse on that issue.1
The parties were married in 2001 and had two children. Following a petition for dissolution of marriage, the parties entered int... More...
   $0 (09-27-2017 - FL)

Sandra Slater v. United States Steel Corporation Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

When an individual files for bankruptcy, he must file sworn disclosures listing his debts and his assets, including any pending civil claims, and identifying any lawsuits he has filed against others. Occasionally, a plaintiff who has a pending civil lawsuit fails to list the claims or lawsuit in these disclosures. In omitting this information, the plaintiff effectively takes inconsistent positions... More...   $0 (09-18-2017 - AL)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Edward Tuffly, a/k/a Bud Tuffly v. U.S. Department of Homeland Security Ninth Circuit Court of Appeals - San Francisco, California

Edward “Bud” Tuffly, the treasurer of the National
Border Patrol Council, the union for Border Patrol agents,
seeks to compel, under the Freedom of Information Act, the
disclosure of the names of 149 non-citizens who were
released from detention pending a final determination
whether they will be removed—names that could be linked to
other personal information that has alrea... More...
   $0 (09-13-2017 - AZ)

United States of America v. Khayri Battle, Shane Brooks, and Bobby Rodgers Federal Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - 4 Defendants Sentenced to Prison for Refusing to Testify during Heroin Trial

A resident of Newark, New Jersey and three residents of Duquesne, Pennsylvania, each were sentenced in federal court to nine months of incarceration and three years of supervised release on their convictions for Contempt of Court.

United States District Judge Reggie B. Walton imposed the... More...
   $0 (09-12-2017 - PA)

Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. Ninth Circuit Court of Appeals - San Francisco, California

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were convicted of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); Barragan was also convicted of drug crimes. They appeal their convictions and sentences. Although we find a portion of the prosecutor’s closing argument improper, we conclude that prejudice has not been shown
UNITE... More...
   $0 (09-09-2017 - ca)

In re the Marriage of James Leslie Johnston and Pamela Sue Johnson

1. K.S.A. 2016 Supp. 60-260(b) allows a district court to provide relief from a final
judgment for any of the following reasons: (1) mistake, inadvertence, surprise or
excusable neglect; (2) newly discovered evidence; (3) fraud; (4) the judgment is void; (5)
the judgment has been satisfied, released or discharged; or (6) any other reason that
justifies relief.

2. The first... More...
   $0 (08-31-2017 - )

In the Matter of the Paternity of S.M.J., a minor

K.S.A. 2016 Supp. 20-1204a(c) says that when a person accused of indirect
contempt doesn't appear for the contempt hearing, the court can issue a bench warrant
and shall proceed with the contempt hearing "when such person is brought before the
court." Read as a whole, this subsection means that a district court cannot hold a civil-
contempt hearing in the absence of the pers... More...
   $0 (08-31-2017 - KS)

In The Interest of S.V. and S.V. Children

Father appeals the trial court’s May 4, 2016 Order in Suit Affecting the Parent-Child Relationship Nunc Pro Tunc (the 2016 Order) naming appellee Mother sole managing conservator of their two children, S.V. and S.V.1 In his first issue, Father asserts this case should be remanded for a new trial due to missing trial court exhibits. In his remaining seven issues, Father contends the trial court err... More...   $0 (08-31-2017 - )

In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation

In January 2013 an Australian teen-ager measured his Subway Footlong sandwich and discov-ered that it was only 11 inches long. He photographed the sandwich alongside a tape measure and posted the photo on his Facebook page. It went viral. Class-action litigation soon followed. Plaintiffs’ lawyers across the United States sued
2 No. 16-1652
Subway for damages and injunctive relief under sta... More...
   $0 (08-27-2017 - WI)

M.R.; J.R., Parents of Minor Child, E.R. v. Ridley School District

Under the Individuals with Disabilities Education Act,
a parent of a child with a disability can bring administrative
and judicial proceedings to challenge a school district’s
alleged violations of the Act, and, if the parent emerges as “a
prevailing party,” the parent is then eligible for an award of
attorneys’ fees. 20 U.S.C. § 1415(i)(3)(B). This case
presents the questi... More...
   $0 (08-23-2017 - PA)

United States of America v. John T. Rudnick Federal Courthouse - Cheyenne, Wyoming

Cheyenne, WY - John T. Rudnick, 63, of Indianapolis, Indiana, was sentenced by Chief Magistrate Judge Kelly H. Rankin on August 16, 2017, for contempt of court. Mr. Rudnick intentionally provided misleading and inaccurate information to questions during a deposition in a bankruptcy case and his misbehavior obstructed the administration of justice. This case was investigated by the Internal Revenu... More...   $0 (08-20-2017 - WY)

Matthew Galloway, M.D. and Galloway Orthopedics, LLC v. Orthopedic Spericalists, LLP

In appeal number 2D15-5437, Dr. Matthew Galloway and Galloway
Orthopedics, LLC, ask this court to reverse the trial court's order denying a motion to
- 2 -
dissolve an ex parte temporary injunction. The injunction was entered against Dr.
Galloway after his former employer, Orthopedic Specialists, LLC, sued him for breach of
the restrictive covenants in his employment agreement.... More...
   $0 (08-16-2017 - FL)

David Mueller v. Taylor Swift, Andrea Swift, Frank Bell and Scott Swift

Denver, CO - Jury Awards Taylor Swift $1

David Mueller sued Taylor Swift, Andrea Swift, Frank Bell and Scott Swift on tortious interference theories claiming that he was fired from his $150,000 a year job at KYGO radio in Denver after he was wrongfully was accused of groping Ms. Swift during a pre-concert photo session in 2013.

Mueller filed suit in the state district court in De... More...
   $0 (08-14-2017 - CO)

Alana Shultz v. Congregation Shearith Israel of the City of New York, et al. Second Circuit Court of Appeals - New York, New York

Plaintiff-appellant Alana Shultz appeals from a judgment of the United
States District Court for the Southern District of New York (J. Paul Oetken, Judge),
dismissing her federal claims for sex discrimination and retaliation in violation of
Title VII of the Civil Rights Act of 1964 (“Title VII”), and interference with her
rights under the Family and Medical Leave Act (“FMLA”) for f... More...
   $0 (08-10-2017 - NY)

Melony Light v. California Department of Parks and Recreation

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts III and V.

Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney
General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for
Defendant and Respondent California Department of Parks and Recreation.
Plaintiff Melo... More...
   $0 (08-09-2017 - CA)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas ... More...   $0 (08-08-2017 - TX)

Apple Tree Cafe Touring, Inc. and Erica Wright v. Paul Levatino

This is an interlocutory appeal of the trial court’s denial of appellants Apple Tree Café Touring, Inc. and Erica Wright’s motion to dismiss appellee Paul Levatino’s defamation claim under the Texas Citizens Participation Act (TCPA), an Anti-SLAPP statute. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 27.001–27.011 (West 2015). We reverse, in part, that portion of the trial court’s order awarding Levati... More...   $0 (08-03-2017 - TX)

Tom Retzlaff v. Philip R. Klein, Klein Investigations & Consulting, and James W. Landess

This appeal is brought under section 51.014(a)(12) of the Texas Civil Practice and
Remedies Code, which allows an appeal from an interlocutory order denying a motion to dismiss
under the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(a)(12) (West Supp. 2016). The appellant, Tom Retzlaff, argues the trial court erred in
denying his mo... More...
   $0 (08-02-2017 - TX)

Sylla Bangaly v. Alfred B. Baggiani

¶ 1 The instant appeal concerns a criminal contempt finding arising out of wrongful death
litigation in which the contemnor, Bangaly Sylla,1 was involved as the administrator of the
1We note that, due to inconsistencies in the record on appeal, Sylla was referred to as “Sylla
Bangaly” in our earlier opinion concerning that litigation but is actually named “Bangaly Sylla.”
No. 1-15-... More...
   $0 (08-02-2017 - IL)

In the Matter of David Christopher Hesse

David Christopher Hesse appeals from an order denying his writ of habeas corpus. Through the writ application, he sought to stop the prosecution of a contempt proceeding initiated against him for repeating the word “piss” during a hearing. The trial court was entertaining a motion to adjudicate guilt at the time, and Hesse was representing the defendant whose guilt was subject to adjudication. The... More...   $0 (08-01-2017 - TX)

In the Matter of David Christopher Hesse

David Christopher Hesse appeals from an order denying his writ of habeas corpus. Through the writ application, he sought to stop the prosecution of a contempt proceeding initiated against him for repeating the word “piss” during a hearing. The trial court was entertaining a motion to adjudicate guilt at the time, and Hesse was representing the defendant whose guilt was subject to adjudication. The... More...   $0 (07-31-2017 - TX)

Cathy Jo Almanza v. The State of Texas IN THE TENTH COURT OF APPEALS

Cathy Jo Almanza appeals from a conviction for the offense of driving while
intoxicated. TEX. PENAL CODE ANN. § 49.04 (West 2011). Almanza complains that her
Sixth Amendment right to a jury trial was violated because one of the jurors was not the
actual juror that was summoned. Because the wrong individual appeared, Almanza
contends that the trial court did not have jurisdic... More...
   $0 (07-21-2017 - TX)

State of Washington v. Tyree William Jefferson

Tyree Jefferson appeals his conviction for attempted first degree
murder, first degree assault, and unlawful possession of a firearm. Jefferson raises ten
issues on appeal, including: (1) the trial court erred in denying his Batson' challenge
after the State used a peremptory challenge to strike the only African American
venireperson, (2) the trial court violated the appearance of ... More...
   $0 (07-17-2017 - WA)

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