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Death Law
 
Knife River Corporation-South v. Esmeralda Hinojosa, Individually, as Representative of the Estate of Andres Hinojosa, deceased, and as next friend on behalf of Melissa Hinojosa, Vanessa Hinojosa, Andrea Hinojosa and Andres Hinojosa, Jr.

In this wrongful death and survivor suit, Knife River Corporation-South appeals a judgment rendered against it in favor of Esmeralda Hinojosa,

2

Individually and as Representative of the Estate Of Andres Hinojosa, Deceased, and as Next Friend on Behalf of Melissa Hinojosa, Vanessa Hinojosa, Andrea Hinojosa, and Andres Hinojosa, Jr. Knife River raises three issues on appeal, which inc... More...
   $0 (03-13-2014 - TX)

Robert Krien v. Harsco Corporation

Before us is an appeal in a personal injury suit brought by an employee of Riley Construction named Krien. Riley, the general contractor of a construction project in Wisconsin, had hired Harsco Corporation to sup2

No. 13‐2272

ply scaffolding for the project. Krien, injured in a fall when a plank on a scaffold that he was standing on broke, sued Harsco. The parties settled his claim... More...
   $0 (03-13-2014 - WI)

Gregory Warren v. Carolyn W. Colvin

Plaintiff‐appellant Gregory Warren appeals from a judgment entered in the United States District Court for the Northern District of New York (Thomas J. McAvoy, Senior Judge) dismissing his claim for damages and litigation fees under the Privacy Act of 1974, 5 U.S.C. § 552a, and the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Because the Privacy Act guarantees access only to an ind... More...   $0 (03-13-2014 - N )

Francisco and Sonia Pages v. Julio Rafael Seliman-Tapia

Francisco and Sonia Pages (“Dr. and Mrs. Pages”) appeal two lower court orders: (1) an order denying their exceptions to, and adopting, the general magistrate’s Report and Recommendation; and (2) a final order dismissing their amended complaint with prejudice and entering final judgment in favor of Julio Rafael Seliman-Tapia (“Tapia”). For the reasons that follow, we affirm.

On De... More...
   $0 (03-12-2014 - FL)

Luis Montes-Valeton v. The State of Florida

Luis Montes-Valeton (“the defendant”) appeals his conviction and sentence for driving under the influence causing serious bodily injury. Specifically, the defendant challenges (1) the admission of the results of a blood alcohol test performed on blood samples obtained from him at the scene of a single-vehicle accident that resulted in the death of a passenger in the vehicle being driven by the... More...   $0 (03-12-2014 - FL)

Norman Kent Adams II v. The State of Texas

After he was convicted by a jury on six counts of aggravated robbery, Norman Kent Adams II was sentenced to a term of forty years’ imprisonment on each of the counts. Asserting the trial court committed reversible error, Adams raises six issues in his appeal from the judgments of conviction. After carefully reviewing Adams’s arguments and the record, we conclude the trial court did not commit ... More...   $0 (03-12-2014 - TX)

THE ESTATE OF TROY ELLIS HAAKENSON, By and Through its Administrator Melissa Haakenson, MELISSA HAAKENSON, as Parent and Next Best Friend of STEVEN HAAKENSON and KRISTINA HAAKENSON, and MELISSA HAAKENSON, Individually, Plaintiffs-Appellants, vs. CHICAGO CENTRAL & PACIFIC RAIL ROAD COMPANY d/b/a ILLINOIS CENTRAL GULF RAILROAD COMPANY, GEORGE PETERSON JR. and RICK MABE, Defendants-Appellees.

Melissa Haakenson, on behalf of the estate of her deceased husband Troy Haakenson, as parent and next best friend of her children, and in her individual capacity, filed suit against the Chicago, Central & Pacific Railroad Company, d/b/a the Illinois Central Gulf Railroad Company (“Chicago Central”), as well as two of its employees, George Peterson Jr. and Rick Mabe (collectively, hereinafter ... More...   $0 (03-12-2014 - IA)

United States of America v. Charly Aguayo-Caro

U.S. District Court Judge Michael Simon sentenced Charly Aguayo-Caro to 12 years in prison for his role in distributing heroin that resulted in the death of Michael Rael. Aguayo-Caro, 24, of Xalisco, Nayarit, Mexico, was responsible for managing the day-to-day operations of an active heroin distribution business operating out of Portland, Oregon. Aguayo-Caro managed the business and accepted telep... More...   $0 (03-12-2014 - OR)

United States of America v. Akihiko Siegfried

Akihiko Siegfried, age 55, formerly of Denver, Colorado, was sentenced Monday, March 10, 2014, by U.S. District Court Judge Philip A. Brimmer to serve 63 months in federal prison for mail fraud and money laundering, federal law enforcement authorities announced. Siegfried was also ordered to serve a 3 year term of supervised release following his prison sentence. Judge Brimmer also ordered him t... More...   $0 (03-12-2014 - CO)

Estate of Gertrude H. Saunders v. Commissioner of Internal Revenue

In this appeal from the tax court, we consider whether the Estate of Gertrude Saunders (the Estate) properly claimed a $30 million deduction on its estate tax return for a lawsuit pending at the time of Gertrude Saunders’ death (the Stonehill Claim, or the Claim), even though the suit ultimately settled for a smaller sum. The Commissioner of Internal Revenue (the Commissioner) disallowed the $30... More...   $0 (03-12-2014 - CA)

Jackie Eugene Ellison v. Michael D. Campbell

¶1 We granted certiorari to consider a single issue.1 The first impression question presented is: whether, in a suit for breach of contract in which a party seeks compensation for an expert witness's failure to provide competent litigation support services in an underlying suit, the cause must be proven by the presentation of expert testimony.

¶2 We emphasize that this matter is grounde... More...
   $0 (03-11-2014 - OK)

United States of America v. Barbara Eberle

Barbara Eberle, 66, and Robert Eberle, 75, both of Oxford, Ga. but formerly of Chico, Calif. were sentenced today by United States District Judge Garland E. Burrell Jr. to five years in prison and ordered to pay more than $13.2 million in restitution, United States Attorney Benjamin B. Wagner announced. The Eberles pleaded guilty to securities fraud on July 20, 2012.

The defendants were ind... More...
   $0 (03-11-2014 - CA)

United States of America v. Youssef Hafez Abdelbary

Youssef Abdelbary appeals a district court order requiring him to pay restitution as part of his sentence for bankruptcy fraud. Finding no error, we affirm.

I.

Abdelbary was convicted of wire fraud, money laundering, currency structuring, bankruptcy fraud, and perjury. This is the second appeal in this case, and many of the facts relevant to this appeal are set out in our first decis... More...
   $0 (03-11-2014 - VA)

Steven Lincoln v. Director, Office of Workers' Compensation Programs

fee-shifting mechanism in 33 U.S.C. § 928(a) or, in the alternative, because Ceres’s notice of controversion irrevocably triggered the same provision. We reject his arguments and deny his petition.

I.

A.

On May 24, 2011, Lincoln filed a claim with the District Director of the Office of Workers’ Compensation Programs (OWCP) for benefits under the LHWCA, alleging that he ha... More...
   $0 (03-11-2014 - SC)

Estate of Marvin L. Booker v. Faun Gomez

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Mr. Booker died while in custody after officers restrained him in response to his alleged insubordination.

Several officers pinned Mr. Booker face-down to the ground, one placed him in a chokehold, and another tased him. After the officers sought medical help for ... More...
   $0 (03-11-2014 - CO)

Paige Trotter Holloway and Barbara Trotter Collins, Et Al v. Richard Monroe, Kathy Kyle and Dawn Rigby

This is an appeal from a summary judgment in favor of the Appellees, Richard Monroe, Kathy Kyle, and Dawn Rigby. The Appellants, Paige Trotter Holloway and Barbara Trotter Collins, Individually, as Co-Administrators of the Estate of J. T. Trotter, Deceased, as Co-Trustees of Trotter Grandchildren’s 1993 Trusts, J. T. Trotter 2004 Grantor Trust, Trotter GGC 2004 Trust, Trotter 1993 Trust for Paig... More...   $0 (03-08-2014 - TX)

United States of America v. Jordie L. Callahan

A federal jury convicted an Ashland couple of engaging in a labor trafficking conspiracy and other crimes related to them holding woman with cognitive disabilities and her child against their will and forcing the woman to perform manual labor for them, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the Federal... More...   $0 (03-07-2014 - OH)

Sarahjane Blum v. Eric H. Holder, Jr.

Sarahjane Blum and four others are committed and experienced animal right activists. Although they have never been prosecuted or threatened with prosecution under the Animal Enterprise Terrorism Act ("AETA" or "Act"), 18 U.S.C. § 43, which criminalizes "force, violence, and threats involving animal enterprises," they sued to obtain declaratory and injunctive relief that the statute is unconstitut... More...   $0 (03-07-2014 - MA)

Cameron Joseph Molberg v. The State of Texas

Cameron Joseph Molberg appeals from the judgment ordering him to pay the State of Texas principal, interest, late charges, and fees based on his guaranty of student loans that Amanda Miller failed to 1 repay timely. Molberg contends on appeal that the State failed to prove the satisfaction of a condition precedent to his obligation existed—namely that Miller’s failure to pay was not due to her... More...   $0 (03-07-2014 - TX)

State of North Carolina v. Justin Hurd

The State of North Carolina charged Justin Hurd, age 35, with three counts of first-degree murder in conjunction with the shooting deaths Kinshasa Wagstaff, Kevin Young and Jasmine Hines.

Hurd was a high school honor who the State claimed had grown into an enforcer for a New York drug cartel.... More...
   $0 (03-07-2014 - OH)

David Esparaza v. County of Los Angeles

Plaintiffs David Esparza, Alan Mark, Anthony Mora, and Irene Redd were peace officers employed by the Los Angeles County Office of Public Safety (OPS). The Los Angeles County Board of Supervisors voted to dissolve OPS and merge its functions with that of the Los Angeles County Sheriff’s Department. Plaintiffs each had the opportunity to apply for deputy sheriff positions, but did not meet the Sh... More...   $0 (03-06-2014 - CA)

United States of America v. Audrey Owens

A deputy public defender for Riverside County pleaded guilty today to two felony counts of stealing social security benefits.

Audrey Owens, 60, of Upland, pleaded guilty to two counts of theft of government property before United States District Judge Virginia A. Phillips.

Owens pleaded guilty one week before she was scheduled to go on trial to two of the five counts contained in... More...
   $0 (03-06-2014 - CA)

Cion Adonis Peralta v. T.C. Dillard

We consider whether prison officials sued for money damages under 42 U.S.C. § 1983 may raise a lack of available resources as a defense.

I. Background

At the time Cion Adonis Peralta arrived at California State Prison, Los Angeles County (Lancaster), the prison had only three or four dentists and three or four dental assistants. It had no office technicians or dental hygienists. Sta... More...
   $0 (03-06-2014 - CA)

United States of America v. Todd Morgan

The United States Attorney's Office for the Middle District of Pennsylvania, announced the guilty plea of a West Pittston man for his role in a conspiracy to distribute “bath salts”.

According to United States Attorney Peter J. Smith, Todd Morgans, age 34, pled guilty to conspiring with others to distribute alpha-pyrrolidinopentiophenone (A-PVP), an analogue of methylenedioxypyr... More...
   $0 (03-05-2014 - PA)

The People v. Michael Rafael Canizales

A jury convicted defendants, Michael Canizales and KeAndre Windfield of first degree murder (Pen. Code, § 187, subd. (a)),1 during which a principal discharged a firearm proximately causing death (§ 12022.53, subds. (d) & (e)(1)), and two counts of attempted willful, premeditated and deliberate murder (§§ 664/187), during which a principal discharged a firearm (§ 12022.53, subds. (c) & (e)(1)... More...   $0 (03-05-2014 - CA)

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