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Dismissal Law
 
L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

LARNELL DYKES v. MARTIN SAUERS

Dykes was sentenced in August 1991 for aggravated kidnapping, aggravated robbery, rape, and aggravated burglary in Sedgwick County case No. 90CR2155. Dykes was sentenced in March 1993 for aggravated escape from custody in Leavenworth County case No. 91CR514. Dykes was sentenced in each case before the Kansas Sentencing Guidelines Act (KSGA) went into effect, and his sentences are not eligible for ... More...   $0 (07-16-2018 - KS)

IN RE: ESTATE OF JERRY WEST, Deceased, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Western District of Kentucky Federal Courthouse - Louisville, Kentucky

The Department of Veterans Affairs and the Estate of
Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his
death should be paid to the Estate. The district court remanded that dispute to Kentucky probate
court, but the government contends the dispute can be litigated only pursuant to the procedure set
forth in the Veterans’ Judicial Review ... More...
   $0 (07-16-2018 - KY)

STATE OF SOUTH DAKOTA v. GENE R. KALINE

In the early morning hours of September 22, 2016, a homeowner in Pennington County contacted the Rapid City Police Department and asked that officers remove her son and a woman named Kasey Sybert from her home. The homeowner asserted that there was an active warrant for Sybert’s arrest. The homeowner did not indicate how many people were in the home at the time, but responding officers understoo... More...   $0 (07-15-2018 - SD)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

STATE OF OHIO - vs - TROY D. RHYMER

On June 17, 2015, the Butler County Grand Jury returned an indictment
charging Rhymer with single counts of improperly handling a firearm in a motor vehicle and
criminal damaging or endangering. Approximately one month later, Rhymer pled guilty to
improperly handling a firearm in a motor vehicle charge in exchange for dismissal of the
criminal damaging or endangering charge. ... More...
   $0 (07-14-2018 - OH)

Franklin Savage v. State of Maryland District of Maryland Federal Courthouse - Baltimore, Maryland

These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with the State’s Attorney for Worcester County, Beau Oglesby. According to Savage, O... More...   $0 (07-14-2018 - MD)

STATE OF OHIO v. SHAWN D. SMITH

Shawn D. Smith appeals from his conviction and sentence on one count of aggravated robbery (deadly weapon), one count of robbery (physical harm), and one count of engaging in a pattern of corrupt activity. Smith advances four assignments of error. First, he contends his robbery conviction must be reversed pursuant to State v. Colon, 118 Ohio St.3d 26, 2008-Ohio 1624, 885 N.E.2d 917. Second, ... More...   $0 (07-13-2018 - OH)

STATE OF OHIO v. TRAVIS M. KENNARD

Kennard’s original appellate counsel filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), indicating that he found
“no error by the trial court prejudicial to the rights of appellant which may be argued to
this court on appeal.” Counsel raised two potential assignments of error, namely
whether the trial court complied with Crim.R.... More...
   $0 (07-13-2018 - OH)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

Jose Luis Morales v. 22nd District Agricultural Association Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In this appeal, we must determine whether a state entity whose employees are
exempt from state law requiring the payment of overtime compensation is nevertheless
required to pay overtime compensation to such employees when the state entity jointly
employs the employees with a non-state employer. Although we concluded in a prior
appeal in this case that the matter should be remanded... More...
   $0 (07-11-2018 - CA)

Robert Brian Reagan v. The State of Texas

Appellant Robert Brian Reagan placed an advertisement on Craigslist which
read: “Any young girls want their clean shaved p*ssy ate? I’m a 35-year-old male,
want to eat some p*ssy bad.” Det. Arnold of the Pearland Police Department
responded to the ad, and the two then began communicating over a phone
messaging application. Det. Arnold identified himself as a fifteen-year-old gi... More...
   $0 (07-10-2018 - TX)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

ichael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi

During an investigation for child pornography, the Mississippi Attorney General’s
Cyber Crime Unit (the “Cyber Crime Unit”), through Investigator Kyle Moore, obtained a
warrant to search Donaldson’s residence. Investigators seized over thirty items of digital
evidence; these items included a Dell laptop that was found on the toilet in the master
bathroom (“Laptop 1”) and a Dell la... More...
   $0 (07-09-2018 - MS)

John Phinizee a/k/a John L. Phinizee Jr. v. State of Mississippi

The following facts are taken from Phinizee v. State, 983 So. 2d 322, 324-26 (¶¶3-10)
(Miss. Ct. App. 2007):
In April 1999, an officer of the Lowndes County Narcotics Unit (LCNU) made an undercover purchase of forty dollars worth of cocaine from Bernard’s Pool Hall. No arrest was made at the time.
In July 2001, officers of the LCNU received a letter from a concerned citizen stating th... More...
   $0 (07-09-2018 - MS)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

TROY DANIEL DOWELL vs. STATE OF IOWA Troy Daniel Dowell - Registered Sex Offender

We have previously summarized the relevant facts and circumstances of
the underlying offense and early proceedings:
Dowell, who has three children, was convicted of several crimes, including neglect of a dependent. The district court entered a sentencing no-contact order restraining Dowell from having any contact with his children. The order was to remain in effect until July 15, 2013... More...
   $0 (07-08-2018 - IA)

Dominique Lopez, a Minor, etc. v. Sony Electronics, Inc.

When a child is allegedly harmed by in utero exposure to hazardous
chemicals, which statute of limitations applies: that for toxic exposure claims
(Code Civ. Proc., § 340.8, subd. (a)),
1 or that for prenatal injuries (§ 340.4)? The
answer determines the viability of this lawsuit. Because the toxic exposure statute
was more recently enacted, and its language plainly encompasses... More...
   $0 (07-08-2018 - CA)

Rashad Rudolph v. The State of Texas

Rudolph was charged by indictment with three counts of committing aggravated assault with a deadly weapon and one count of tampering with or fabricating physical evidence. TEX. PENAL CODE ANN. §§ 22.02(a)(2), 37.09(a)(1) (West, Westlaw through 2017 1st C.S.). Rudolph waived his right to a trial by jury and pled guilty to three counts of aggravated assault in exchange for the State’s dismissal of... More...   $0 (07-07-2018 - TX)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

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