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Due Process Law
 
Seanlim Yith and Seak Leang Yith v. Kristen Nielsen, et al. Eastern District of California Federal Courthouse - Fresno, California

Seanlim and Seak Leang Yith appeal from the district
court’s dismissal of their complaint requesting adjudication
of their naturalization applications pursuant to 8 U.S.C.
§ 1447(b). Relying on 8 U.S.C. § 1429, the district court
concluded that the Yiths were precluded from obtaining any
relief because they were concurrently in removal proceedings.
See 8 U.S.C. § 1429 (prov... More...
   $0 (02-09-2018 - CA)

Juan D. Vega, Jr. v. United States of America, et al. Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu... More...   $0 (02-09-2018 - WA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Annie Rayman v. Abbott Amubulance, Inc. St. Louis City Courthouse - City of St. Louis, Missoui

Annie Rayman (“Rayman”) appeals from the trial court’s grant of summary judgment in
favor of Abbott Ambulance, Inc. (“Abbott”) on her negligence claim. Rayman sued Abbott for
damages that resulted from an automobile collision between Rayman and a third party. The trial
court granted Abbott’s motion for summary judgment, finding that Abbott did not owe Rayman a
duty of care and that... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Gregory Allen Heidbrink Warren County Courthouse - Warrenton, Missouri

Gregory Alan Heidbrink (Appellant) appeals from the trial court’s judgment
entered after a jury trial convicting him of receiving stolen property. We affirm in part,
reverse in part, and remand for resentencing.
Factual and Procedural Background
The State charged Appellant, as a prior and persistent offender, with one count of
receiving stolen property, a class C Felony, in vio... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o... More...
   $0 (02-08-2018 - )

Larry Gene Burks v. Wendy Kelley, Director, Arkansas Department of Corrections Easter District of Arkansas Federal Courthouse - Pine Bluff, Arkansas

Larry Burks was convicted of rape in Arkansas and sentenced to thirty years in
prison. When Burks, more than five years later, petitioned for a writ of habeas corpus
under 28 U.S.C. § 2254, there was a dispute about whether the petition was timely.
The district court determined that the one-year statute of limitations should be
equitably tolled and deemed Burks’s petition timely. T... More...
   $0 (02-08-2018 - AR)

United States of America v. David E. Schultz Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - St. Louis County Man Sentenced for Scamming Individuals

David E. Schultz defrauded multiple victims by falsely stating that he could provide various legal remedies to them. He demanded victims provide him cash or assets, such as jewelry, gold, silver, and other items of value that could quickly be converted into cash in exchange for future services. Schultz demanded victi... More...
   $0 (02-07-2018 - MO)

Today's Fresh Start Charter School v. Inglewood Unified School District

Under the Education Code, in order to add a new charter
location, an established charter school must obtain approval in
the form of a material revision from the authority that granted
its charter. (Ed. Code, § 47605, subd. (a)(4).)1 Today’s Fresh
Start Charter School (Today’s Fresh Start), the appellant in this
appeal, sought both this approval and renewal of its charter in
... More...
   $0 (02-07-2018 - CA)

United States of America v. Deangelo Anderson Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

On September 23, 2014, a grand jury
returned a five-count indictment against Deangelo Anderson,
charging him in counts one and two with armed robbery of a
bank and brandishing a firearm in furtherance of a crime of
violence (i.e. the bank robbery), and in counts three, four and
2 No. 16-3112
five with unlawful possession of a firearm as a felon, possession
of crack coca... More...
   $0 (02-07-2018 - WI)

United States of America v. Cynthia Fletcher, et al. v. State of Mississippi and Simpson County School District Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in... More...   $0 (02-06-2018 - MS)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,... More...
   $0 (02-06-2018 - MI)

Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Jana Davidson, et al. v. Fairchild Controls Corporation Southern District of Texas Courthouse - Houston, Texas

Two of the plaintiffs were injured when oil from an airplane’s air cycle machine leaked into the cabin, causing smoke and fumes to fill the cockpit during their flight. The plaintiffs brought suit against several defendants. The district court granted summary judgment to defendant Fairchild Controls Corporation on a design-defect claim due to a lack of adequate expert testimony that a feasible alt... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Amy Thomas v. Nancy A. Berryhill, Acting Commissioner of Social Securty Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Amy Thomas was thirty-four years old, the mother of a four-year-old son, and
in the process of divorcing her second husband. A high-school graduate, she lived on
her own, cared for herself and her indoor dog and cat, tended her home, managed her
finances, and led a more-or-less independent life. She had custody of her son every
other week and would care and provide for him as well,... More...
   $0 (02-05-2018 - AR)

Dana Jennifer Engstrom v. James McCarthy

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman... More...
   $0 (02-05-2018 - AZ)

United States of America v. Dave Vo Orange County California Courthouse - Santa Ana, California

Santa Ana, CA - Former Member of Westminster Planning Commission Sentenced to 18 Months in Federal Prison for Accepting $15,000 Bribe

A former member of the Planning Commission for the City of Westminster was sentenced on January 29, 2018 to 18 months in federal prison for taking a $15,000 bribe to help a person obtain a liquor license.

Dave Vo, 43, of Westminster, was ... More...
   $0 (02-05-2018 - CA)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

United States of America v. Omar Dupraz Crittington Western District of North Carolina Courthouse - Charlotte, North Carolina

Omar Dupraz Crittington appeals from the district court’s judgment revoking his supervised release and imposing a 7-month prison term and 1-year term of supervised release. He contends that his due process rights were violated because the district court failed to ensure he made a knowing and voluntary admission to violating the terms of his supervised release and waiver of his rights under Fed. R.... More...   $0 (02-04-2018 - NC)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Rashad B. Swanigan v. City of Chicago Northern District of Illinois Courthouse - Chicago, Illinois

While on the lookout for a serial
bank robber, Chicago police officers misidentified Rashad
Swanigan as the perpetrator, arrested him, and detained him
for approximately 51 hours without a probable-cause hearing.
He was released when the state prosecutor decided not
to press charges, and police later found the true culprit.
2 No. 16-1568
Swanigan sued the officers invol... More...
   $0 (02-02-2018 - IL)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

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