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Disability Law
 
Gilbert Dudley, III v. State of Florida

This case is before the Court for review of the decision of the Fifth District Court of Appeal, sitting en banc, in State v. Dudley, 64 So. 3d 746, 747 (Fla. 5th DCA 2011), which reversed the trial court’s dismissal of the criminal charges against the defendant, Gilbert Dudley, III, for sexual battery on a person defined by Florida statute as “mentally defective,” and ordered that the juryâ€... More...   $0 (05-15-2014 - FL)

Disabled In Action v. Board of Elections in the City of New York

The Board of Elections in the City of New York (the "BOE") is responsible for identifying and designating poll sites that are accessible to voters with disabilities in New York City. In this case, plaintiffs-appellees, non-profit organizations representing people with mobility or vision disabilities (collectively "plaintiffs"), allege that BOE is failing to provide them with meaningful access to i... More...   $0 (05-14-2014 - ny)

In re the Marriage of LESLIE and TERRY MOORE

This appeal arises from judgments in a marriage dissolution action regarding the division of retirement and employment benefits, the division of other assets, the award of temporary and permanent spousal support, and the denial of requests for attorney fees and costs. We affirm in part and reverse in part.

FACTS

Appellant Leslie Moore and respondent Terry Moore were married for over ... More...
   $0 (05-09-2014 - CA)

Kim Ellen Murie v. Phillip Wade Harting and Lillian Harting

¶1 The sole issue on appeal is whether the trial court committed reversible error when it denied Defendant's motion to vacate a default judgment based on irregularity in obtaining a judgment pursuant to 12 O.S. 2011 §1031(3). We hold that it did and reverse the judgment.

I.

¶2 Kim Murie, Plaintiff/Appellee, filed a petition for negligence and intentional infliction of emotional di... More...
   $0 (05-08-2014 - OK)

Navarro Hospital, L.P. d/b/a Navarro Regional Hospital v. Charles Washington and Gwendolyn Washington, each Individually and as Next Friends of Charles Donell Washington

In this appeal, appellant, Navarro Hospital, L.P. d/b/a Navarro Regional Hospital, complains about the trial court’s denial of its motion to dismiss a health-care liability claim brought by appellees, Charles Washington and Gwendolyn Washington, each individually and as next friends of Charles Donell Washington (“Donell”). In two issues, appellant challenges appellees’ expert reports as no... More...   $0 (05-08-2014 - TX)

Texas Department of Aging and Disability Services v. Leeann Huse

The Texas Department of Aging and Disability Services (DADS) appeals from the trial court’s order denying its plea to the jurisdiction. We reverse the trial court’s order.

Background Facts

Lee Ann Huse was employed as a director of the Mexia State Supported Living Center. The United States Department of Justice filed suit against the State of Texas in the United States District C... More...
   $0 (05-08-2014 - TX)

Steven Paul Henry v. AHS Oklahoma Physicians Group, LLC

Steven Paul Henry v. AHS Oklahoma Physicians Group, LLC

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: HENRY, STEVEN PAUL
Filed Date: 03/27/2013
Party Name: Disposition Information:

Defendant: AHS OKLAHOMA PHYSICIAN GROUP LLC
Disposed: DISMISSED - WITH PREJUDICE, 05/07/2014. Dismissed- Settled.

1. That Plaintiff is a resi... More...
   $1 (05-07-2014 - OK)

Joseph PADUH III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased, Appellees

This is an appeal from a probate court order granting summary judgment in a bill of review action. Appellees Joseph Paduh III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased (collectively “Paduh”) filed a petition for bill of re... More...   $0 (05-07-2014 - TX)

United States of America v. Richardo Alvin Gill

This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The resolution of this question turns on whether the Supreme Court’s ruling in Vartelas v. Holder, 132 S.Ct. 1479 (2012), requires us to find that Gill is elig... More...   $0 (05-07-2014 - NY)

Ronnie Jones v. City of Boston

In this racial discrimination
case, ten black plaintiffs challenge the Boston Police Department's
drug testing program. Seven of the plaintiffs are former officers
fired by the department after testing positive for cocaine; the
eighth is a former cadet in the same situation; the ninth continues
to work as an officer after testing positive and undergoing
rehabilitation as an... More...
   $0 (05-07-2014 - MA)

The People v. Hakimullah Sarppas

Hakimullah Sarpas and Zulmai Nazarzai operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. They operated this scheme through their jointly owned company, Statewide Financial Group, Inc. (SFGI), which did business as US Homeowners Assistance (USHA). Sharon Fasela1 was, among other things, the office m... More...   $0 (05-06-2014 - CA)

Cung Hnin v. TOA (USA), LLC

On January 25, 2012, Cung Hnin (“Hnin”) filed a four-count Complaint against his former

2 No. 13-3658

employer TOA (USA), LLC (“TOA”) alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., pursuant to the district court’s original jurisdiction, 28 U.S.C. § 1331, and two state law claims pursuant to the dis-trict court’s suppleme... More...
   $0 (05-05-2014 - IN)

United States of America v. Thomas Blackledge

Respondent-Appellant Thomas Blackledge has been civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), codified at 18 U.S.C. §§ 4247-48. Prior to a hearing on his commitment, Blackledge successfully moved for the appointment of an expert forensic examiner, who opined that he was indeed a sexually dangerous person. Bla... More...   $0 (05-05-2014 - NC)

David L. Lakey, M.D., in his Official Capacity as Commissioner of the Texas Department of State Health Services v. Floyd Taylor, by his next friend, Melissa Shearer; Gabriela Hernandez, by her next friend, Melissa Shearer; Zachary Ridgeway, by his next friend, Martin J. Cirkiel; Stanley Jackson, by his next friend, Martin J. Cirkiel et al.

Disability Rights Texas, along with nine individuals, criminal defendants who have been found incompetent to stand trial (collectively, the Plaintiffs), sought declaratory and injunctive relief against the Commissioner of the Texas Department of State Health Services, claiming that the Department’s system of prioritizing the transfer of incompetent defendants to hospitals for competency-restorat... More...   $0 (05-02-2014 - TX)

Maureen Desaulles v. Community Hospital of the Monterey Peninsula

Dismissal of a civil complaint is said to be voluntary when requested by the plaintiff and involuntary when ordered by the court. A dismissal may be partial, as in this case, where plaintiff Maureen deSaulles (Employee) agreed to dismiss two of her seven causes of action with prejudice in exchange for a payment of $23,500 from defendant Community Hospital of the Monterey Peninsula (Employer). A ci... More...   $0 (05-02-2014 - CA)

Pamela Louise McClellan v. David Ray Price

Pamela Louise McClellan v. David Ray Price

Issue # 1.
Issue: FRIENDLY SUIT (SUIT)
Filed by: McClellan, Pamela Louise
Filed Date: 11/18/2013
Party Name: Disposition Information:

Plaintiff: McClellan, Pamela Louise
Disposed: DISMISSED - WITH PREJUDICE, 05/01/2014. Non-Jury Trial.

1. That on or about March 28, 2013, Deeon M. Joseph, a minor, was i... More...
   $3180 (05-01-2014 - OK)

Michael Schmauss v. Tulsa County Sheriff's Deparemtn, Tulsa County (Own Risk #11247), and The Workers' Compensation Court

¶1 Petitioner Michael Schmauss (Claimant) seeks review of the trial court's order determining rate of compensation for purposes of the payment of benefits for permanent partial disability. In this proceeding, Claimant asserts he is entitled to compensation at the rate in effect at the time he became aware of his consequential cumulative trauma injury. Respondent Tulsa County Sheriffs Dept. (Emplo... More...   $0 (04-29-2014 - OK)

Jonell McClish v. Woodarts, Inc. &/or TTC Illinois, Inc., et al.

¶1 Petitioner Jonell McClish (Claimant) seeks review of an Order of a three-judge panel of the Workers' Compensation Court vacating the decision of the trial court. The trial court denied the motion of Woodarts Inc. &/or TTC Illinois, Inc. and CNA Insurance Group &/or Continental Casualty Co. (collectively, Employer) to dismiss Claimant's compensation claim for failure to timely prosecute and fou... More...   $0 (04-29-2014 - OK)

Kentucky Fried Chicken of McAlester v. Ben Snell

¶1 The issue before this Court is whether the Court of Civil Appeals (COCA) erred when it held the Legislature's enactment of 85 O.S. 2011 §340(D)(4) of the Oklahoma Workers' Compensation Code (WCC), 85 O.S. 2011, §§301-413, (now repealed), violated the Oklahoma Constitution's separation of powers provision, Art. IV, §1. We hold in the affirmative.

¶2 Respondent/claimant, Ben Snell, w... More...
   $0 (04-29-2014 - OK)

Georgie Brewer v. New Era, Inc.

Plaintiffs Georgie Brewer, 77 years old, and Barbara Greene, 70 years old, are sisters of African-American descent, who are appealing the district court’s order granting Defendant, New Era, Inc., summary judgment on one claim of age discrimination under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. and one claim of race discrimination under Title VII of ... More...   $0 (04-29-2014 - TN)

Dayle Chelane Hansen v. Thaine S. Hansen

¶1 Thaine S. Hansen (Husband) appeals the trial court’s ruling
on his petition to modify his divorce decree, which ordered him to
pay Dayle Chelane Hansen (Wife) alimony in the amount of $872
per month. We remand for clarification of the trial court’s order
with respect to the retroactivity of the alimony award, but in all
other respects, we affirm the trial court’s judg... More...
   $0 (04-24-2014 - UT)

The People v. Munther Hamdon

Appellant Munther Hamdon appeals from the trial court’s denial of his petitions to (1) relieve him from the residency restrictions contained in Penal Code section 3003.5, subdivision (b),1 and (2) relieve him from the requirement to register as a sex offender because his conviction has been set aside pursuant to section 1203.4a. In the unpublished portion of the opinion, we affirm the trial cour... More...   $0 (04-24-2014 - CA)

United States of America v. Charles Cannon; Brain Kerstetter; Michael McLaughlin

A jury convicted Defendants Charles Cannon, Brian Kerstetter, and Michael McLaughlin (collectively “Defendants”) of committing a hate crime under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (“Shepard-Byrd Act”), 18 U.S.C. § 249(a)(1), for attacking Yondel Johnson. Congress passed the Shepard-Byrd Act pursuant to its powers under the Thirteenth Amendment, whi... More...   $0 (04-24-2014 - TX)

United States of America v. Yolanda Nowlin

HOUSTON, TX – Yolanda Nowlin, 42, has been ordered to federal prison for 11 years following her multiple convictions in relation to a large health care fraud conspiracy, announced United States Attorney Kenneth Magidson. A federal jury in Houston convicted Nowlin Sept. 4, 2013, following seven days of trial and less than three hours of deliberations.

At the sentencing hearing late yesterd... More...
   $0 (04-23-2014 - TX)

Julio M. Aguilera v. Delmis S. Aguilera

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has... More...   $0 (04-23-2014 - TX)

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