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Dram Shop Law
 
Nick's Garage, Inc. v. Progressive Casualty Insurance Company, et al. United States Court of Appeals for the Second Circuit

29 Plaintiff, Nick’s Garage, Inc. (“Garage” or “Plaintiff”), appeals from the
30 judgment of the United States District Court for the Northern District of New
31 York (D’Agostino, J.) granting summary judgment in favor of the Defendants,
32 Progressive Casualty Insurance Company and related entities (collectively,
3
the “Insurer”).1 1 Garage, an automobile repair shop, brought ... More...
   $0 (11-12-2017 - NY)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

Joyce Hargress v. Social Security Administration, Commissioner Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Joyce Hargress appeals the district court’s decision affirming the denial of her application for disability insurance benefits and supplemental security income. See 42 U.S.C. §§ 405(g), 1383(c)(3). After careful review, we affirm.
I. BACKGROUND FACTS
In May 2013, Hargress applied for disability benefits and alleged a disability onset date of January 21, 2013 due to her type II diabetes, ex... More...
   $0 (11-06-2017 - AL)

Saul Santiago Acuna v. The State of Texas Texas First District Court of Appeals

On the night of September 14, 2014, Guillermo Flores went to the Valero gas
station at the corner of Mesa Road and Atascocita Road in Humble, Texas, to fill up
some water bottles. While Flores was filling up the water bottles, a young man, later
identified as appellant,2 approached him on foot. Appellant was wearing a hooded
sweatshirt and had the hood pulled up over his head... More...
   $0 (11-04-2017 - TX)

Steve Jameson v. Pacific Gas and Electric Company

Steve Jameson sued pacific Gas and Electric Company (PG&E) for wrongful
termination and breach of the covenant of good faith and fair dealing. He alleged PG&E
fired him in violation of an implied-in-fact employment contract not to terminate his
employment without good cause. PG&E moved for summary judgment on the grounds
that Jameson was an at-will employee and, alternatively, that... More...
   $0 (11-02-2017 - CA)

Brenda M. Diedrich v. Nancy A. Berryhill Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Brenda M. Diedrich appeals the district court’s order affirming the Commissioner of Social Security’s (the “Commissioner”) denial of Diedrich’s application for Social Security Disability Insurance (“SSDI”) benefits under Title II of the Social Security Act. The Commissioner determined that Diedrich had become disabled, but an Administrative Law Judge (“ALJ”) found that her disability did not begin... More...   $0 (10-27-2017 - OR)

Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two... More...
   $0 (10-24-2017 - OK)

United States of America v. Denise Taylor Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Muskogee, OK - Ardmore Woman Pleads Guilty To Embezzlement And Theft From Tribal Organization

DENISE TAYLOR, age 55, of Ardmore, Oklahoma, pled guilty to EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL ORGANIZATION, in violation of Title 18, United States Code, Section 1163, punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.

The Indic... More...
   $0 (10-23-2017 - OK)

United States of America v. Byron J. Holton Southern District of Illinois Courthouse - East St. Louis, Illinois

Byron Holton pleaded guilty to robbing a
grocery store in southern Illinois while carrying and using a
firearm, and a jury found him guilty of conspiring to commit
Hobbs Act robbery (a robbery affecting interstate commerce).
In sentencing Holton on the conspiracy count, the district judge
imposed a prison term roughly four years above the recom2
No. 17-1406
mended Guide... More...
   $0 (10-17-2017 - IL)

Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC Second Circuit Court of Appeals - New York, New York

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it... More...
   $0 (10-11-2017 - CT)

United States of America v. Vergil Vladimir George Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Defendant Vergil George appeals his total 259-month sentence, imposed
after a jury convicted him of multiple crimes stemming from his drug-dealing and
identity-theft activities. After careful review of the briefs and the record, and with
the benefit of oral argument, we conclude the district court did not clearly err in
applying the firearm enhancement under U.S.S.G. § 2D1.1(b)(1) ... More...
   $0 (10-11-2017 - FL)

United States of America v. Ramona Long Middle District of Pennsylvania Federal Courthouse - Harrisburg, Pennsylvania

Harrisburg, PA - Former U.S. Postal Service Employee Sentenced To 72 Months In Prison For Drug Trafficking And Money Laundering

Ramona Long, age 57, a former U.S. Postal Service employee in Northern California, was sentenced on September 28, 2017, by United States District Court Judge Yvette Kane to 72 months’ imprisonment. Long previously entered pleas of guilty before Judge Kane to co... More...
   $0 (10-03-2017 - PA)

Earl Oldham v. O.K. Farms, Inc. Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Plaintiff Earl Oldham appeals the district court’s entry of summary
judgment in favor of Defendant O.K. Farms in this contract case. Because the
district court’s ruling was based on a theory that was not raised by Defendant or
briefed by either party, we reverse and remand for further proceedings.
I.
Plaintiff has been raising chickens for O.K. Farms since 1995. On March
21... More...
   $0 (09-30-2017 - OK)

Georges Richardson v. State of Florida Broward County Courthouse - Fort Lauderdale, Florida

Appellant, Georges Richardson, timely appeals his judgment and sentence after a jury found him guilty of a lesser included offense, robbery. On appeal, Richardson argues that the trial court erred in admitting a video tape into evidence. We disagree and affirm.
Background
Richardson was arrested and charged with the armed robbery of a cell phone store. The robbery occurred on July 15, 2013... More...
   $0 (09-27-2017 - FL)

Raymond Severson v. Healthland Woodcraft, Inc. United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

From 2006 to 2013, Raymond Severson worked for Heartland Woodcraft, Inc., a fabricator of retail display fixtures. The work was physically demand-ing. In early June 2013, Severson took a 12-week medical leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., to deal with serious back pain. On the last day of his leave, he underwent back surgery, which
2 No. 15-3754
re... More...
   $0 (09-27-2017 - WI)

Park Pet Shop, Inc. v. City of Chicago United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

This case challenges Chicago’s “puppy mill” ordinance, which limits the sources from which pet stores may obtain dogs, cats, and rabbits for resale. The ordinance provides that pet retailers in the city “may offer for sale only those dogs, cats, or rabbits” ob-tained from an animal control or care center, pound, or kennel operated by local, state, or federal government or “a
2 No. 15-3711
... More...
   $0 (09-27-2017 - IL)

Gregory Luce and Nicholas Newman v. Town of Campbell, Wisconsin and Tim Kelemen United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Interstate 90 runs through
the Town of Campbell, Wisconsin. The speed limit on I-90 in
the Town is 65 miles per hour. Two streets and one pedestrian
overpass cross the highway within the Town. A traffic
survey in 2008 found that between 23,000 and 29,000 trucks
and cars pass through the Town on I-90 every day.
2 No. 15-2627
Gregory Luce and Nicholas Newman, two members ... More...
   $0 (09-27-2017 - WI)

United States of America v. William Kiekow, et al. Fifth Circuit Court of Appeals - New Orleans, Louisiana

After a 14-day jury trial, a jury in the Eastern District of Texas convicted Defendants-Appellants William Edmund Kiekow (“Kiekow”), Felipe U. Uriarte (“Uriarte”), and Arthur James Pierre (“Pierre”) (collectively, “Appellants”) of conspiracy to distribute or possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846.1 On appeal, Appellants challenge venue and the sufficiency
2<... More...
   $0 (09-25-2017 - TX)

United States of America v. Jeremy Richard Lundin Federal Courthouse - Minneapolis, Minnesota

St. Paul, MN - Big Island Capital Fraudster Pleads Guilty To Million Dollar Ponzi Scheme

Jeremy Richard Lundin, 30, pleaded guilty to operating a Ponzi scheme through which he stole more than $1 million from individual investors. LUNDIN, who was charged via a criminal information on September 1, 2017, pleaded guilty before Judge Wilhelmina M. Wright in U.S. District Court in Saint Paul, M... More...
   $0 (09-25-2017 - MN)

United States of America v. Shayne Parker Federal Courthouse - Boston, Massachusetts

Sometime on or around March 22, 2014 — all dates here
are in that year, by the way — Shayne Parker committed two legal
no-nos: he possessed 50 rounds of 38-caliber ammo while being a
convicted felon, and he transported a SCCY Model CXP 9-mm pistol
into his state of residence without a license. Or so a federal
grand jury in Massachusetts alleged in an indictment charging him
... More...
   $0 (09-21-2017 - MA)

Thomas Wartman v. United Food and Commercial United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Thomas B. Wartman, Victoria’s Market, LLC; Glen Lake’s Market, LLC;
ART, LLC; and Thomas W. Wartman (Plaintiffs) filed suit under 29 U.S.C. § 187.
Plaintiffs alleged that United Food and Commercial Workers Local 653 (the Union)
had engaged in unfair labor practices, in violation of § 8(b)(4) of the National Labor
Relations Act (the Act), 29 U.S.C. § 158(b)(4). Plaintiffs appeal fro... More...
   $0 (09-15-2017 - MN)

United States of America v. Damien Corbett Federal Courthouse - Portland, Maine

The defendant, Damien Corbett,
raises three issues in this appeal from his conviction of
conspiracy to distribute and possess with intent to distribute
oxycodone and oxymorphone. Corbett first argues that the
government's evidence was insufficient. Somewhat relatedly, he
contends that the district court committed plain error in its
response to a question from the jury. Fina... More...
   $0 (09-11-2017 - ME)

United States of America v. Michael Albert Focia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

The Dark Web. For many, the name conjures images of a suspect shadow internet world where virtually anything can be bought for the right price.1 Indeed, Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) Special Agent Tully Kessler described the Dark Web as “another side of the Internet . . . access[ible] through your Internet provider . . . [but only using] special software.” He opined tha... More...   $0 (09-10-2017 - AL)

United States of America v. Ashley Watson Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Albuquerque Woman Sentenced to Four Years in Federal Prison for Synthetic Cannabinoid Trafficking Conviction

Ashley Watson, 31, of Albuquerque, N.M., was sentenced 48 months of imprisonment for her conviction on synthetic cannabinoids trafficking charges. Watson will be on supervised release for five years after completing her prison sentence.

Watson and co-defe... More...
   $0 (09-07-2017 - NM)

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