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Disability Law
 
Joseph M. Ocequeda v. Cherisse Perreira

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),
adopted by California as Family Code section 3400 et seq., prescribes when a state court
has jurisdiction to make an initial custody determination. Family Code section 3402,
subdivision (g) provides with respect to a child less than six months of age that
jurisdiction rests in the state in which the child “lived... More...
   $0 (01-05-2015 - CA)

Left Fork Mining Company, Inc. v. Irving Hooker, et al.

This is an appeal from the district court’s dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy
in this case. For the reasons stated herein, we AFFIRM.
I.
P... More...
   $0 (01-01-2015 - KY)

Mark S. Greenhaw v. Timothy John Siegfried, DPM and Metro Tulsa Foot and Ankle Specialists, P.L.L.C.

COMES NOW the plaintiff, Mark S. Greenhaw, by and through his attorneys of record,
Fred E. Stoops, Sr., Joel A. LaCourse, Karman J. Stoops, and the law firm of Stoops &
LaCourse, PLLC, upon information and belief, and for his causes of action and claims for relief
against Timothy John Siegfried, DPM, individually, (hereinafter “Dr. Siegfried”) and Metro
Tulsa Foot and Ankle Spe... More...
   $1 (12-30-2014 - OK)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

Michael Bies v. Ed Sheldon

Petitioner Michael Bies (“Bies”) and respondent Warden (referred
to in this opinion as “the State”) cross-appeal the district court’s order granting conditionally in
part and denying in part Bies’ petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
No. 12-3431 Bies v. Sheldon Page 2
For the reasons that follow, we AFFIRM the district court’s grant of a... More...
   $0 (12-22-2014 - OH)

Kenneth Davison v. Carolyn W. Colvin

Kenneth Davison appeals from an order of the district court affirming the
Commissioner’s decision denying his applications for disability benefits and
supplemental security income benefits under the Social Security Act. We exercise
jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we affirm.
* After examining the briefs and appellate record, this panel has determi... More...
   $0 (12-22-2014 - CO)

Alphonso Myers v. Knight Protective Service, Inc.

After Alphonso Myers suffered a workplace injury, he sought and obtained
social security disability benefits on the ground that he was unable to work. But
while claiming as much before the Social Security Administration it turns out
Mr. Myers was also applying for and winning a job as an armed security guard
with Knight Protective Service. As part of the application process, Knight... More...
   $0 (12-22-2014 - OK)

Semmie F. Asrat v. Crystal Sue Gee

COMES NOW the Plaintiff for his causes of action against the above styled Defendants,
and does allege and state as follows:
1. This case arises from a collision between Defendant Gee’s vehicle and Plaintiff’s motor
vehicle on or about May 6, 2013, in the vicinity of Northwest 5O Street and N. Grand
Boulevard in the City of Oklahoma City, County of Oklahoma County.
2. The co... More...
   $1 (12-19-2014 - OK)

United States of America v. Oscar Cevilio Ramos Ceron

Oscar Cecilio Ramos Ceron pleaded guilty to reentry of a deported alien. The district court applied a 16-level Sentencing Guidelines enhancement, categorizing his prior Florida conviction of aggravated battery as a “crime of violence.” Ramos Ceron appeals, arguing that Florida aggravated battery is not a crime of violence, and that collateral estoppel should have precluded the government from ... More...   $0 (12-19-2014 - TX)

Equal Employment Opportunity Commission v. Kohl's Department Stores, Inc.

Appellant Equal Employment
Opportunity Commission ("EEOC") asserts that Appellee Kohl's
Department Stores, Inc. ("Kohl's") refused to provide former
employee Pamela Manning ("Manning") with reasonable accommodations
in violation of the Americans with Disabilities Act ("ADA"), 42
U.S.C. § 12112. The EEOC also asserts that by failing to comply
with the ADA, Kohl's constructi... More...
   $0 (12-19-2014 - ME)

Roger Leon Vaughn v. Latisha Ruth Mandrell, Justin Battles and Danae Battles

COMES NOW the Plaintiff, Roger Vaughn, and for his cause of action against the above- named Defendants, alleges and states as follows:
PARTIES
1. The Plaintiff, Roger Vaugim, is a citizen of the City of Purcell, McLean County, State of Oklahoma.
2. The Defendants, Latishia Mandrell, Is a citizen of the city of Oklahoma City, Oklahoma County, State of Oklahoma.
3. Justin Baffles, an... More...
   $1 (12-18-2014 - OK)

Manuel Tabarrejo v. Princess Retirement Homes, Inc.

Petitioner Manuel Tabarrejo was employed as a caregiver by real party in interest Princess Retirement Homes, Inc. (PRH). After Tabarrejo left his employment, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related claims. The Labor Commissioner awarded Tabarrejo $131,096.77.
PRH appealed the Labor Commissioner’s order to the superior court and posted the undertak... More...
   $0 (12-18-2014 - CA)

Jose A. Duarte v. California State Teachers' Retirement System

Jose A. Duarte (Duarte) appeals from the trial court’s denial of his petition for writ of administrative mandamus, through which he asserts that his application to the California State Teachers’ Retirement System (CalSTRS) for disability retirement benefits has been improperly denied. After hearing, an administrative law judge (ALJ) upheld CalSTRS’s denial of Duarte’s application for benef... More...   $0 (12-18-2014 - CA)

Sharon McGill v. Citibank, N.A.

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500... More...   $0 (12-18-2014 - )

In re the Marriage of Melinda and David Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty.1 She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children—benefits they are entitled to because of David’s disability. We shall affirm the order.
I.... More...
   $0 (12-18-2014 - CA)

Employees Retirement System of Texas v. Cynthia A. Garcia

This appeal presents questions of first impression regarding the availability of
occupational-disability retirement benefits for Texas state employees following 2003 amendments
that significantly limited the statutory definition of an “occupational disability.” As amended, the
definition requires that an “occupational disability” “result[] . . . solely from an extremely dange... More...
   $0 (12-18-2014 - TX)

United States of America v. Oscar Arnulfo Vigil

Defendant-Appellant Oscar Arnulfo Vigil ("Vigil") was convicted of illegal re-entry after deportation and sentenced to 41 months in prison. The district court applied a 16-level "crime of violence" enhancement based on a prior state-court conviction for sexual battery. The sole issue on appeal is whether the district court erred by imposing the enhancement. We AFFIRM.
* District Judge of the E... More...
   $0 (12-16-2014 - TX)

California Insurance Guarantee Association v. Workers' Compensation Appeals Board and Elite Surgical Centers Escondido, L.P.

We issued a writ of review on the petition filed by the petitioners in this matter to
address the two questions raised in the petition: (1) Does the Workers' Compensation
Appeals Board (the Board) retain jurisdiction over a medical billing dispute pertaining to
more than 300 consolidated claims, after the Legislature passed significant workers'
compensation reform legislation that ... More...
   $0 (12-16-2014 - CA)

Monique Hudson v. County of Los Angeles

A former deputy in the Sheriff’s Department of Los Angeles County, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Civil Service Commission proceedings leading to its order restoring her employment, however, the county’s retirement authority gran... More...   $0 (12-14-2014 - CA)

J.P. v. Carlsbad Unified School District

A jury found defendant Carlsbad Unified School District (CUSD) liable for negligently supervising an elementary school teacher, Raymond Firth, who sexually molested plaintiffs J. P. and E. B. (together, the minors). The jury awarded the minors
2
economic and non-economic damages. After entering judgment on the jury's verdict, the trial court denied CUSD's motions for judgment notwithstandi... More...
   $0 (12-12-2014 - CA)

Equal Employment Opportunity Commission v. LHC Group, Inc. d/b/a Gulf Coast Homecare

Plaintiff–Appellant the Equal Employment Opportunity Commission (EEOC) brought an enforcement action under the Americans with Disabilities Act (ADA) on behalf of Kristy Sones against her employer, Defendant–Appellant LHC Group, Inc., (LHC). Sones worked as a nurse for the home-health company until she was fired shortly after she had an epileptic seizure in May 2009. The district court granted ... More...   $0 (12-11-2014 - MS)

South Kingstown School Committee v. Joanna S.

The Individuals with Disabilities
Education Act, or IDEA, 20 U.S.C. § 1400 et seq., is a landmark
federal statute now twenty-five years old. It offers federal funds
to states that agree to provide protections to make sure disabled
children receive a "free appropriate public education." Id.
§ 1412(1). Rhode Island, where this case arose, accepted IDEA
funding and thus agre... More...
   $0 (12-09-2014 - RI)

The People v. Renee Robinson

Defendant Renee Robinson was charged with both aggravated mayhem, in violation of Penal Code section 205, and mayhem, in violation of Penal Code section 203 (sometimes hereafter called “simple mayhem”). Both charges were based on a single incident in which defendant poured scalding water over her husband’s head, resulting in serious burns to his face and various parts of his body, with resid... More...   $0 (12-08-2014 - CA)

Ronald Fagg v. Csk Auto, Inc.

Over the course of several decades, Ronald Fagg was
exposed to various asbestos-containing products at work sites, during personal
automotive repairs, during time vacationing and living in the Libby, Montana area. He
was later diagnosed with asbestosis and asbestos related pleural disease. In this action,
he seeks damages from a number of seller and manufacturer defendants, who he<... More...
   $0 (12-08-2014 - WA)

Rebecca Ellison v. Sirk, Inc. d/b/a Mr. C's #7

COMES NOW, the Plaintiff and for her cause of action alleges and states:
1. Plaintiff is a resident and citizen of Cleveland County, Oklahoma.
2. Defendant Corporation is an Oklahoma Corporation registered and in good-standing with the Oklahoma Secretary of State.
3. Defendant Corporation owns and operates convenience stores, one of which is located at 2319 East Lindsey Street in Norma... More...
   $0 (12-04-2014 - OK)

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