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Deceptive Trade Practices Law
 
State of Tennessee v. Jaquan Gathing and Prince Parker COURT OF CRIMINAL APPEALS OF TENNESSEE

The Defendants, along with two co-defendants who are not parties to this appeal, committed a brutal attack on Mr. Eric Cain, Ms. Myisha White, and Mr. Deangelo Terry (collectively “the victims”) as part of a robbery on March 13, 2014. In the course of the robbery, the perpetrators took the victims’ clothing and personal property and inflicted injuries on the victims with a hatchet and by hitting... More...   $0 (01-22-2018 - TN)

STATE OF TENNESSEE v. CHRISTOPHER JONES COURT OF CRIMINAL APPEALS OF TENNESSEE

At the guilty plea hearing the State and Defendant stipulated that the summary of the facts contained in the presentence report, as taken from the narrative/case notes of Officer K. Frederick of the Bristol Police Department, was accurate and sufficient to provide a factual basis for the offenses of reckless aggravated assault, reckless endangerment, driving under the influence (DUI), simple posse... More...   $0 (01-22-2018 - MA)

STATE OF OHIO v. MICHAEL D. SCOTT

On Saturday, September 26, 2015, Joshua Hamilton attended his sister
Bridget’s birthday party at Kricket’s Tavern in Huber Heights, along with his other sister,
Brittany, and one of Brittany’s friends. Trial Tr. vol. 3, 1099-1102. The staff that evening
consisted of four persons, one of whom served as a host and took photographs to be
used for promotional purposes. Id. at 10... More...
   $0 (01-21-2018 - OH)

Eli Madison III v. The State of Texas Second Court of Appeals - Texas Courts

Madison was a long-time member of Pilgrim Valley Missionary Baptist
Church. Since 1970, the church was a beneficiary of the Pilgrim Valley Manor
Housing Trust, of which the principal asset was an apartment complex known as
Pilgrim Valley Manor Apartments. Around 2005, the Housing Trust had only one
active member—Velmeta Washington—on its board of trustees. Washington
ne... More...
   $0 (01-20-2018 - TX)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

Amador Zapata, Jr., et al. v. HSBC Holdings, P.L.C., et al. Eastern District of New York Courthouse - Brooklyn, New York

Brooklyn, NY - HSBC Holdings Plc Agrees to Pay More Than $100 Million to Resolve Fraud Charges

United Kingdom-based global financial services company HSBC Holdings plc (HSBC) entered into a deferred prosecution agreement (DPA) and agreed to pay a $63.1 million criminal penalty and $38.4 million in disgorgement and restitution to resolve charges that it engaged in a scheme to defraud two b... More...
   $100000000 (01-19-2018 - NY)

James L. Turner v. Theodore V. Wells, Jr. and Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P. Southern District of Florida Courthouse - Miami, Florida

This appeal involves a law firm’s investigation of the Miami Dolphins professional football organization. The National Football League (“NFL”) hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and one of its partners, Theodore Wells, to investigate allegations of bullying within the Dolphins organization. After receiving Paul, Weiss’s report, the Dolphins fired their offensive lin... More...   $0 (01-18-2018 - FL)

State of Tennessee v. Brandon Christopher Scott Third person pleads guilty in shooting of boy

In May 2015, the Davidson County Grand Jury indicted the Defendant on three counts each of attempted first degree murder, employment of a firearm during the
commission of a dangerous felony (with a previous dangerous felony conviction), and reckless endangerment. See Tenn. Code Ann. §§ 39-11-106, -12-101, -13-103, -13-202, 17-1324. The Defendant was charged along with three co-defendants—Ja... More...
   $0 (01-18-2018 - TN)

COMMONWEALTH vs. SHAWN A. McGONAGLE Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Nicholas Lewis v. Scottrade, Inc. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Nicholas Lewis filed this putative class action against Scottrade, Inc., a
securities brokerage firm, alleging violations of the Missouri Merchandising Practices
Act, Mo. Rev. Stat. §§ 407.010 et seq., breach of a common law fiduciary duty, and
unjust enrichment. After Lewis filed the action in the Southern District of California,
it was transferred to the Eastern District of Misso... More...
   $0 (01-18-2018 - MO)

Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

Ryan Boucher v. Finance System of Green Bay, Inc. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Plaintiffs sued defendant, a debt col-lection agency, for violations of the Fair Debt Collection Prac-tices Act (“FDCPA”). Specifically, plaintiffs allege that de-fendant’s dunning letters were false and misleading because they threatened to impose “late charges and other charges” that could not lawfully be imposed. The district court dis-missed plaintiffs’ claims because the challenged statement ... More...   $0 (01-17-2018 - WI)

Ayesha Khan v. Midwestern University Northern District of Illinois Courthouse - Chicago, Illinois

Ayesha Khan struggled academically in medical school from the outset. She failed three of her courses in her first year of medical school at The Chicago College of Osteopathic Medicine at Midwestern University. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. They opted not to do so. Instead, they gave Khan a second oppor-
2 No. ... More...
   $0 (01-16-2018 - IL)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. AARON T. CESSNA

On March 19, 2014, the Sedgwick County District Attorney's office charged
Cessna with nine counts of sexual exploitation of a child. Earlier that month, Quang Minh Nguyen, an employee at Octapharma Plasma, was going through the lost and found at the business and discovered a black and red cell phone that had been there for approximately three weeks. Quang attempted to turn the phone on to de... More...
   $0 (01-16-2018 - KS)

United States of America v. Lynn Moving and Storage, Inc., et al. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Louisville, KY - Kentucky Moving Companies Enter Into Consent Judgment To Resolve False Claims Allegations - Agree To Pay $264,826.52

Overcharged shipping costs associated with moving members of the United States Armed Forces

The United States entered into a Consent Judgment between several Kentucky moving companies and the United States over allegations that the companies defrau... More...
   $264826 (01-16-2018 - KY)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

United States of America v. Olga Sandra Murra Northern District of Texas Federal Courthouse - Dallas, Texas

In August 2016, Defendant-Appellant Olga Murra was convicted by a jury
of two counts of forced labor, in violation of 18 U.S.C. § 1589(a), and two counts
of harboring an illegal alien for profit, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii)
and 1324(a)(1)(B)(i), based on conduct toward her half-sister Vania Rodriguez and
quasi–adopted family member Ingrid Guerrero. The district c... More...
   $0 (01-15-2018 - TX)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peńa sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peńa sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Andrew Panico v. Portfolio Recovery Associates, LLC District of New Jersey Federal Courthouses

In this putative class action, Plaintiff-Appellant Andrew Panico, who resides outside of the state of Delaware but signed a contract with a choice-of-law provision specifying application of Delaware state law, asserts that Defendant-Appellee Portfolio Recovery Associates (“PRA”) violated the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“NJCFA”) by suing to co... More...   $0 (01-14-2018 - NJ)

State of Tennessee v. Andrew Shearin Memphis man jailed on child porn charges

On April 24, 2014, the Defendant was indicted by the Shelby County Grand Jury for sexual exploitation of a minor based on his possession of over 100 images involving minors engaged in sexual activity, a Class B felony. On April 4, 2016, the Defendant entered an open guilty plea to the indicted offense, leaving the sentencing to the trial -2
court’s determination. A transcript of the guilty ... More...
   $0 (01-13-2018 - TN)

STATE OF TENNESSEE v. KENNETH BERNARD SCOTT COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises out of a series of controlled drug purchases that were made from the Defendant by a confidential informant who was working with the Henderson County Sheriff’s Department, which resulted in the Henderson County Grand Jury’s return of a
01/10/2018
-2
six-count indictment against the Defendant. Counts one and two charged the Defendant with the August 11, 2014 sale and ... More...
   $0 (01-13-2018 - TN)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

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