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Disability Law
 
Teresa Prewett v. Stanley Weems

Stanley Weems pleaded guilty to one count of producing child pornography. See 18 U.S.C. § 2251(a). His victim, J.W., filed this civil action against Weems to obtain compensation for the abuse. See id. § 2255(a). The district court awarded $1 million, a figure reached by multiplying the presumed-damages floor in the civil-remedies statute


No. 12-6489 Prewett et al. v. Weems Page 2
<... More...
   $0 (04-15-2014 - TN)

Global Hawk Insurance Company v. Jerry Le

Appellant Jerry Le was one of two truck drivers on a cross-country trip for V&H Transport (V&H), a trip for which he would be paid a lump sum of $1,100, with no deductions. Le was seriously injured when, while he was asleep, the other driver was involved in a one-vehicle accident. After the accident, V&H refused to pay Le the lump sum promised, telling him that he did not finish the trip. He was a... More...   $0 (04-14-2014 - CA)

Lenore Drescher v. Mark P. Gross

With the dissolution of their marriage in 2001, Lenore Drescher and Mark Gross executed a marital settlement agreement wherein they stipulated to equally pay for the future college expenses of their three minor children. The agreement was incorporated into the judgment of dissolution and child support and spousal support were ordered as set forth in the agreement.

Eleven years later their... More...
   $0 (04-11-2014 - CA)

Lenore Drescher v. Mark P. Gross

With the dissolution of their marriage in 2001, Lenore Drescher and Mark Gross executed a marital settlement agreement wherein they stipulated to equally pay for the future college expenses of their three minor children. The agreement was incorporated into the judgment of dissolution and child support and spousal support were ordered as set forth in the agreement.

Eleven years later their d... More...
   $0 (04-11-2014 - CA)

United States of America - Department of Justice - Re: Albuquerque Police Department

Dear Mayor Berry:

We write to report the findings of the Department of Justice’s civil investigation of the Albuquerque Police Department (“APD” or “the department”). Our investigation focused on allegations of use of excessive force by APD officers under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 (“Section 14141”). Section 14141 makes it u... More...
   $0 (04-11-2014 - NM)

In Re The Marriage of billy Dale Beene and Janice Louis Beene

¶1 In this dissolution of marriage proceeding, Respondent/Appellant, Janice Louise Beene (Wife), appeals from the portion of the trial court's decree awarding the real property located in Meeker, Oklahoma, to Petitioner/Appellee, Billy Dale Beene (Husband), as his separate property. We hold the trial court's exclusion of the Meeker property from the marital estate was not an abuse of discretion o... More...   $0 (04-10-2014 - OK)

Robert Bush and Talitha Bush v. Cushing Lumber Co., et al.

PLAINTIFFS’ ORIGINAL PETITION

COMES NOW the Plaintiffs, ROBERT BUSH and TALITHA BUSH, and for their Petition against the Defendants, allege and state as follows:

I.

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs are, and at all times herein mentioned have been, residents of the City of Cushing, Payne County, State of Oklahoma.

2. The damages sought by ... More...
   $0 (04-10-2014 - OK)

Ruben Guadalupe Galindo v. Tony Se Galindo

This is an appeal from a final divorce decree and a temporary order pending appeal. Appellant Ruben Guadalupe Galindo (“Ruben”) raises three issues, contending the trial court erred by: (1) ordering Ruben to pay spousal maintenance to appellee Tonya Sue Galindo (“Tonya”);1 (2) ordering Ruben to pay Tonya’s trial attorney’s fees; and (3) assessing attorney’s fees against Ruben in the ... More...   $0 (04-10-2014 - tx)

Donald Sipple v. City of Hayward

For a number of years, individuals throughout California were improperly charged taxes for internet access by their internet service provider, New Cingular Wireless PCS LLC (New Cingular), prompting various customers to file putative class action lawsuits.

The lawsuits eventually settled, with New Cingular agreeing to seek refunds of the taxes from the cities and counties to which the taxes... More...
   $0 (04-08-2014 - CA)

Tracy Bartlett v. Department of the Treasury (Internal Revenue Service)

Tracy Bartlett filed a one-count complaint against her former employer, the Internal Revenue Service (“IRS”), in which she alleged that she had been constructively discharged in violation of the Rehabilitation Act, 29 U.S.C. § 701 et seq., and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The IRS moved to dismiss the complaint on the ground that Ms. Bartlett had... More...   $0 (04-08-2014 - MA)

United States of America v. Jordan Hughey

Columbia, South Carolina ----- United States Attorney Bill Nettles stated that Jordan Hughey was sentenced in federal court in Columbia, South Carolina, by United States District Judge Joseph F. Anderson of Columbia to be imprisoned for 18 months followed by 5 years supervised release for failure to register as a sex offender.

Evidence presented at the guilty plea hearing established that H... More...
   $0 (04-04-2014 - SC)

Michael Bock v. Craig Hansen

A 41-foot long, 7,300 pound tree limb crashed onto the home of appellants Michael and Lorie Bock, an incident they reported to their homeowner’s insurer, Travelers Property and Casualty Insurance Company (Travelers). Travelers assigned respondent Craig Hansen to adjust the loss, whose behavior, as alleged by the Bocks, can best be described as appalling. On Hansen’s first visit to the scene (w... More...   $0 (04-02-2014 - CA)

Shavonna Lately v. Carolyn W. Colvin

Shavonna Lately appeals a district court order affirming the Commissioner’s denial of disability and supplemental security income benefits. Ms. Lately applied for benefits claiming she became disabled on December 23, 2008 from an inner-ear disorder. After a hearing, an administrative law judge (ALJ) determined at step four of the five-step sequential evaluation process, see Wall v. Astrue, 561 F... More...   $0 (03-26-2014 - CO)

In Re: Amendments to the Oklahoma Uniform Jury Instructions



IN RE: AMENDMENTS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS - CIVIL (SECOND).

ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS - CIVIL (SECOND)

¶1 The Court has reviewed the recommendations of the Oklahoma Supreme Court Committee for Uniform Civil Jury Instructions that proposed Instructions should be adopted. The Court finds that the revisions should be adopt... More...
   $0 (03-24-2014 - OK)

United States of America v. Florence Irene Jara

The United States Attorney's Office announced that on March 20, 2014, FLORENCE IRENE JARA, 52, of Billings, was ordered to serve a term of five years of probation, pay $41,984.60 in restitution to the Social Security Administration, and perform 275 hours of community service, by U.S. District Judge Susan Watters.

In the prosecution's sentencing memorandum, Assistant U.S. Attorney Chad C. S... More...
   $0 (03-21-2014 - MT)

William Tracy Fowler v. Paul Teynor and Intermountain MRO Services, Inc.

¶1 William Tracy Fowler appeals from the district court’s entry
of summary judgment in favor of Paul Teynor and Intermountain
MRO Services, Inc. (IMRO). Fowler claims the district court erred
in finding that principles of res judicata barred his claims against
Teynor and IMRO. We affirm.
Fowler v. Teynor
20121097-CA 2 2014 UT App 66
BACKGROUND
¶2 Fowler worked a... More...
   $0 (03-20-2014 - UT)

United States of America v. Renee J. Thomas

The former president of a small Pierce County, Washington credit union was sentenced today in U.S. District Court in Tacoma to 18 months in prison, three years of supervised release and more than $129,000 in restitution for two counts of wire fraud and two counts of misapplication of credit union funds, announced U.S. Attorney Jenny A. Durkan. RENEE J. THOMAS, 45, of Graham, Washington, resigned... More...   $0 (03-20-2014 - WA)

William J. Waters v. All Phase Construction

This is an appeal from the Industrial Commission in a worker’s compensation proceeding in which the Commission held that the claimant had failed to prove that symptoms occurring after his industrial accident were caused by the accident, where following his industrial accident he had been twice injured in non-industrial accidents and refused to provide the medical records regarding those injuries... More...   $0 (03-18-2014 - ID)

Lemarco, Inc. v. Nancy Helton

A coal company and its insurer (collectively “Lemarco”) petition this court for review of an award of black-lung benefits to Nancy Helton, the widow of former miner Wayne Helton. Discerning no legal error and finding that substantial evidence supports the Administrative Law Judge’s (“ALJ”) conclusion, we deny the petition.

I.

Wayne worked as a coal miner for over thirteen y... More...
   $0 (03-18-2014 - WV)

Willard Bender v. Newell Window Furnishings, Inc.

Newell Window Furnishings, an employer that lost a court case in the Western District of Michigan involving retirement benefits, appeals an order of the district court awarding attorney’s fees and costs to the plaintiff-retirees under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). The district court awarded No. 12-2059 Bender, et al. v. Newell Window Fur... More...   $0 (03-17-2014 - MI)

Saundra Carter v. City of Los Angeles and Mark Willits

Title II of the Americans with Disabilities Act (42 U.S.C. § 12132; the ADA), Section 504 the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.; Section 504), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the California Disabled Persons Act (Civ. Code, § 54) prohibit discrimination against disabled individuals and require that public entities eliminate impediments to disabled acc... More...   $0 (03-14-2014 - CA)

Angela Ames v. Nationwide Mutual Insurance Co

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa... More...   $0 (03-13-2014 - IA)

Tim Lors v. Jim Dean

Tim Lors sued his employer, the South Dakota Bureau of Information and Technology (BIT), and various state employees (collectively, "defendants"), alleging retaliation in response to a prior discrimination suit that he filed against the same defendants. Lors's complaint asserted jurisdiction under various federal statutes, including Titles I and V of the Americans With Disabilities Act of 1990 (AD... More...   $0 (03-13-2014 - SD)

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 )

Susan Ann Sullivan v. Cummins Filtration-Lake Mills a/k/a Cummings, Inc. f/k/a Fleetguard, Inc.

Susan Ann Sullivan appeals the district court ruling of her petition for judicial review. Sullivan claims the workers’ compensation commissioner misapplied the Iowa successive-disability statute, and did not properly summarize the evidence and explain the agency’s decision-making process. Sullivan also claims the commissioner erred by denying her application for alternative medical care. We fi... More...   $0 (03-12-2014 - IA)

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