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Disability Law
 
STATE OF IOWA vs. ADAM SCOTT HILLS

Adam Scott Hills appeals the sentence imposed after he pled guilty to one
count of lascivious acts with a child. He contends the sentencing court abused
its discretion in sentencing him to a term of not more than ten years in prison.
Because the sentence was not imposed on untenable grounds and is not clearly
unreasonable, we affirm. See State v. Hopkins, 860 N.W.2d 550, 553... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. ADAM SCOTT HILLS

Adam Scott Hills appeals the sentence imposed after he pled guilty to one
count of lascivious acts with a child. He contends the sentencing court abused
its discretion in sentencing him to a term of not more than ten years in prison.
Because the sentence was not imposed on untenable grounds and is not clearly
unreasonable, we affirm. See State v. Hopkins, 860 N.W.2d 550, 553... More...
   $0 (03-23-2016 - IA)

STATE OF IOWA vs. KENNETH CARY CLARK

At approximately 9:30 a.m. on Saturday, April 19, 2014, Clark met up with
a friend in the alley behind Clark’s apartment. Clark shared the apartment with
his ex-wife, Nickole Butler,2 whose current husband was in prison. Clark and his
friend spent “a couple of hours” in the alley drinking from a pint of Hennessy
cognac before relocating to a nearby barbershop, where they cont... More...
   $0 (03-23-2016 - IA)

Elizabeth Speaks v. David Bobb, M.D.

Norman, OK - Elizabeth Speaks sued David Bobb, M.D. on a medical negligence theory (medical malpractice) claiming:

1. abeth Speaks was scheduled for and did have surgery on her left ankle at Physicians Surgical Center on or about December 24, 2008.

2. The surgery was performed by David W. Bobb, M.D. and David W. Bobb, MD was the attending anThe acts complained of herein occurre... More...
   $0 (03-21-2016 - OK)

Montana Cannabis et al. v. State Of Montana

This is the State’s second appeal from the First Judicial District Court’s
injunctions preventing implementation of certain provisions of the Act. Montana
Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161
(hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)—
which was established by voter initiative (I-148)—and replaced... More...
   $0 (03-21-2016 - MT)

Larry Myers, et al. v. Crouse-Hinds, et al.: GE v. Mary R. Geyman, et al.: Owens-Illinois, Inc v. Mary R. Geyman, et al.

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new... More...   $0 (03-20-2016 - IN)

State v. Burke

Burke was convicted by a jury of violation of public assistance, a Class IV felony. In June, August, and September 2010, Burke submitted a series of applications for the State’s Supplemental Nutrition Assistance Program (SNAP). The State’s case centers on Burke’s failure to report her husband’s workers’ compensation income after her first application. The State also highlights other changes Burke ... More...   $0 (03-20-2016 - NE)

Julie Chau v. Harlingen Medical Center

Elizabeth Yzaguirre, Director of ICU Nursing at the Center, hired Chau, a
registered nurse of Vietnamese descent, on September 17, 2010. Chau was initially
assigned to the night shift in ICU. Payton McCloskey, a registered nurse, was assigned
as a “preceptor” to help train and mentor Chau.
Chau contends that, on her first night at work, McCloskey asked if she was Filipino. ... More...
   $0 (03-20-2016 - TX)

State of Vermont v. Jeremy Gates

In December 2014, defendant was charged with felony extortion, domestic
assault, and unlawful mischief in the amount of $250 or less following an incident involving his
mother (Docket No. 1158-12-14 Bncr). The facts pertaining to that incident are as follows.
Defendant’s mother was the representative payee for defendant’s social security disability
benefits. Defendant, who s... More...
   $0 (03-18-2016 - VT)

IOWA INDIVIDUAL HEALTH BENEFIT REINSURANCE ASSOCIATION vs. STATE UNIVERSITY OF IOWA, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, and UNIVERSITY OF NORTHERN IOWA

This appeal involves two statutes addressing access to health insurance, specifically high-risk policies for individuals with preexisting medical conditions. An overview of this legislation provides context for the issues on appeal. In 1986, the legislature enacted Iowa Code chapter 514E, which created the Iowa Comprehensive Health Insurance Association (ICHIA). See 1986 Iowa Acts ch. 1156, § 2... More...   $0 (03-18-2016 - IA)

STATE OF LOUISIANA Vs. TYRONE HALL

On July 13, 2012, the defendant, Tyrone Hall, was charged with one count
of possession of cocaine, a violation of La. R.S. 40:967(C)(2). He entered a not
guilty plea. After a trial on the merits, a six-person jury found the defendant guilty
as charged. The defendant appeared for sentencing on May 10, 2013. His motions for a
new trial and a post-verdict judgment of acquit... More...
   $0 (03-17-2016 - LA)

Maudie Mae Brown v. City of Shreveport

On March 7, 2013, Maudie Mae Brown was walking on the sidewalk
running along St. Vincent Avenue in Shreveport, Louisiana. She was
almost 74 years old at the time and for over 20 years had been a permanent
pre-kindergarten classroom aide at Atkins Elementary School in Shreveport
helping prepare preschoolers for kindergarten. At the time of her accident,
Brown was also employed... More...
   $50000 (03-17-2016 - LA)

State of Tennessee v. Brenda Haynes Jackson Claughton

In May 2009, the Dickson County Grand Jury indicted the appellant for two counts of theft of property valued $10,000 or more but less than $60,000, a Class C felony. Count one of the indictment alleged that the appellant took approximately $40,000 from the Estate of Gracie Coates, and count two alleged that she took furniture, jewelry, and a sewing machine from the estate. In October 2009, the a... More...   $0 (03-16-2016 - TN)

Theodore T. Schwartz v. State of Indiana

On August 11, 2009, Schwartz was arrested in Adams County for possession of
methamphetamine within 1,000 feet of school property. After being taken to
the police station, Schwartz escaped and went on a crime spree that included
additional offenses in Allen County and Wells County.1 He was eventually
apprehended in Wells County. In Adams County, the State charged him with More...
   $0 (03-15-2016 - IN)

STATE OF NEW JERSEY v. STEVEN J. KADIR

After the court denied defendant's motion for discovery,
the parties tried this case on several days before a judge and
jury. The State produced testimony from a Robbinsville Township
(the Township) Fire Department captain, the Township's former
director of fire (the Director), the payroll benefits
coordinator for the Township, the deputy chief of the Township's
Fire... More...
   $0 (03-13-2016 - NJ)

STATE OF NEW JERSEY v. HECTOR FELICIANO (a/k/a HECTOR FELECIANO

This case raises a novel question about the
constitutionality of the roving wiretap provision of the State’s
wiretap law. As a general rule, law enforcement officials must
follow a strict set of procedures and get court approval before
they may intercept communications over a telephone facility.
Among other requirements, the State must identify in advance the
specif... More...
   $0 (03-09-2016 - NJ)

Commonwealth v. LaBrie

The defendant, Kristin LaBrie, was charged
with the attempted murder of her young son and related assault
and battery and child endangerment crimes. The Commonwealth
contends that the defendant, with the intent to kill her son,
did not give him prescribed chemotherapy and other medications
designed to treat the cancer from which he suffered and
ultimately died. At a... More...
   $0 (03-09-2016 - m)

MICHAEL WEARRY v. BURL CAIN, WARDEN

Sometime between 8:20 and 9:30 on the evening of April 4, 1998, Eric Walber was brutally murdered. Nearly two years after the murder, Sam Scott, at the time incarcerated, contacted authorities and implicated Michael Wearry. Scott initially reported that he had been friends with the victim; that he was at work the night of the murder; that the victim had come looking for him but had instead run i... More...   $0 (03-07-2016 - DC)

Caterpillar Logistics Services, Inc. vs. Rudolf Amaya

Caterpillar Logistics Services, Inc., appeals a final judgment entered in favor
of Rudolf Amaya following a jury’s verdict awarding Amaya back pay and front
pay on his claim that Caterpillar unlawfully retaliated against him for filing a
workers’ compensation claim in violation of section 440.205, Florida Statutes
(2008) (“retaliation claim”). Because the record demonstrates t... More...
   $0 (03-04-2016 - FL)

Shelby Coleman v. Dr. Angelo Cuzalina and Tulsa Surgical Associates, P.C.

Tulsa, OK - Shelby Coleman sued Dr. Angelo Cuzalina and Tulsa Surgical Associates, P.C. on medical negligence (medical malpractice) and respondeat superior theories claiming:

1. Plaintiff, Shelby Coleman. is a citizen and resident of Broken Bow, McCurtain County, State of Oklahoma.

2. Defendant, Dr. Angelo Cuzalina, was at the time in question, a practicing physician operating in... More...
   $1 (03-03-2016 - OK)

STATE OF NEW JERSEY v. RICHARD LEA

In 2009, a summons and complaint was issued to defendant
accusing him of one count of second-degree insurance fraud,
N.J.S.A. 2C:21-4.6, and one count of third-degree theft by
deception, N.J.S.A. 2C:20-4. Defendant's counsel negotiated a
plea agreement whereby defendant would enter a plea of guilty to
one count of fourth-degree fraudulent obtaining of State Health
Be... More...
   $0 (03-01-2016 - NJ)

STATE OF NEW JERSEY v. DARRICK HUDSON

After his motion to suppress inculpatory statements made to
police was partially denied, defendant Darrick Hudson entered a
guilty plea, pursuant to a negotiated agreement, to first-degree
aggravated manslaughter, N.J.S.A. 2C:11-4(a); first-degree
robbery, N.J.S.A. 2C:15-1; and third-degree hindering
apprehension, N.J.S.A. 2C:29-3(b)(1). He was sentenced in
accordanc... More...
   $0 (03-01-2016 - NJ)

Paul and Sybil Schexnayder VS Harry Bridges, N&G Trucking, Inc., Hinson Logging, Inc., State National Insurance Company, Inc. and State Farm Fire and Casualty Company

The motor vehicle accident at issue occurred early in the morning, while still
dark, on March 17, 2011, at approximately 6:00 a.m., on U.S. Highway 190 East
Hwy. 190) near Gremillion Road in West Baton Rouge Parish. Harry Bridges, was
driving an eighteen-wheeler tractor-trailer logging truck that was owned by his
employer, N&G Trucking, Inc., and he was hauling a full load of timbe... More...
   $0 (02-29-2016 - LA)

MONTANA CANNABIS INDUSTRY ASSOCIATION v. STATE OF MONTANA

This is the State’s second appeal from the First Judicial District Court’s
injunctions preventing implementation of certain provisions of the Act. Montana
Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161
(hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)—
which was established by voter initiative (I-148)—and replaced... More...
   $0 (02-28-2016 - MT)

Jay Earl Haynes v. State of Tennessee

The petitioner was convicted of two counts of rape, as a result of his having intercourse with two mentally disabled individuals. He was sentenced to twenty years on each count, to be served consecutively, for an effective term of forty years. This court affirmed on direct appeal, and the Tennessee Supreme Court denied the petitioner’s application for permission to appeal. The underlying facts ... More...   $0 (02-28-2016 - TN)

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