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Equal Protection Law
 
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)

United States of America v. Andre Bernard Eastern District of Florida Federal Courthouse - Miami, Florida

Tampa, FL - New York Man Sentenced to 87 Months for Multi-State Biodiesel Fraud Scheme

Andre Bernard, 65, of Mount Kisco, NY was sentenced to 87 months in federal prison for conspiracy to commit wire fraud, making false statements related to the Clean Air Act, and his participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel cre... More...
   $0 (02-06-2018 - FL)

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)

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)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

United States of America v. Jianhua "Jeff" Li District of New Jersey Federal Courthouses

Newark, NJ - Chinese National Pleads Guilty to Conspiracy and Trafficking of Counterfeit Apple Goods Into the United States

A Chinese national living in the United States on a student visa pleaded guilty on February 2, 2018 for his role as a counterfeit distributor in a scheme to traffic and smuggle counterfeit electronics purporting to be Apple iPhones and iPads, from China into the Uni... More...
   $0 (02-03-2018 - NJ)

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)

A.H. v. Illinois High School Association Northern District of Illinois Courthouse - Chicago, Illinois

A.H., a senior at Evanston Township
High School, is a member of the school’s track and field team
despite his physical limitations from spastic quadriplegia
related to cerebral palsy. During his junior year, he requested
that the Illinois High School Association (IHSA) create a
2 No. 17‐2456
separate division with different time standards for paraambulatory
runner... More...
   $0 (02-02-2018 - IL)

United States of America v. Miller Eugene Francis District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Albuquerque Man Pleads Guilty to Failing to Update Sex Offender Registration

Miller Eugene Francis, 59, of Albuquerque, N.M., pled guilty on February 1, 2018 in federal court to violating the Sex Offender Registration and Notification Act (SORNA).

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in e... More...
   $0 (02-02-2018 - NM)

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)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

United States of America v. Leon Payne District of Maine Federal Courthouse - Portland, Maine

The guidelines used by federal
judges to gauge the appropriate length of sentences in criminal
cases call for considering the defendant's role in the criminal
activity giving rise to the conviction. With exceptions not
relevant here, those guidelines recommend a longer sentence for
one who supervises the criminal activity of another, an even longer
sentence for one who mana... More...
   $0 (02-01-2018 - ME)

Michael Catinella v. County of Cook, Illinois Northern District of Illinois Courthouse - Chicago, Illinois

Michael Catinella sued Cook County and its Department of Transportation for firing him under false pretenses in violation of his rights under the Due Process Clause, the Equal Protection Clause, and federal statutory provisions. The circumstances surrounding this event are filled with intrigue. The complaint describes a
2 No. 16-2278
public-bidding process gone awry, an investigation to co... More...
   $0 (01-31-2018 - IL)

Victoria G. Collins v. Commissioner of Social Security Northern District of Ohio Courthouse - Cleveland, Ohio

Victoria Collin brought suit against the Commissioner of
Social Security to recover moneys she says are “due and owing” as a result of the
Commissioner’s failure, for about a year, to garnish certain benefits paid to her ex-husband. The
district court dismissed the suit on grounds of sovereign immunity. We affirm.
>
No. 17-3733 Collin v. Comm’r of Soc. Sec. Page 2
Collin di... More...
   $0 (01-31-2018 - OH)

United States of America v. William Tooley Middle District of Georgia Federal Courthouse - Columbus, Georgia

Columbus, GA - Columbus Man Sentenced For Receiving Child Pornography

William Tooley, 53, of Columbus, Georgia, entered a plea on January 29, 2018 to receipt of child pornography. Mr. Tooley entered his plea of guilty before the Honorable Clay D. Land of the United States District Court in Columbus, Georgia, who imposed a sentence of 360 months imprisonment (30 years). Mr. Tooley will a... More...
   $0 (01-31-2018 - GA)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)

Leonid Goncharov v. UBER Technologies, Inc.

Plaintiffs Leonid Goncharov, Mohammed Eddine, Alan Freberg, Trevor Johnson,
Peter Kirby, and Jeremy Watt filed a putative class action lawsuit against Uber
Technologies, Inc. (Uber) for providing unlicensed transportation services that
appropriated passengers and income from licensed taxicab drivers. In the second
amended complaint (SAC), plaintiffs alleged Uber failed to comply wi... More...
   $0 (01-30-2018 - CA)

Cheri Dahlin v. Lyondell Chemical Company Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

The Estate of Chandler J. Barnwell v. Linda Watson, Dr., EdD, Superintendent of the School Board of the Little Rock Independent School District Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After their son tragically committed suicide, the plaintiffs, Michael and Anna
Barnwell, sued the superintendent of their son’s school district, alleging that the
school had discriminated against their son on the basis of disability by failing to
adequately protect him from being bullied by other students. But the district court2
found no evidence to support the Barnwells’ claim, a... More...
   $0 (01-28-2018 - AR)

State of Wisconsin v. Anton R. Dorsey Anton R Dorsey - Registered Sex Offender

In a criminal action by the State, Dorsey was charged
with four crimes relating to his domestic violence toward his
then-girlfriend, C.B.: one count of strangulation and 1 The Honorable Paul J. Lenz presided.
No. 2015AP648-CR

2

suffocation under Wis. Stat. § 940.235(1) (2013-14)2;3 one count
of misdemeanor... More...
   $0 (01-27-2018 - WI)

Matthew Warciak v. Subway Restaurants, Inc. Northern District of Illinois Courthouse - Chicago, Illinois

Should courts apply federal or state
law to decide whether a contract’s arbitration clause binds a
non-signatory? In Scheurer v. Fromm Family Foods LLC, we held
* The Honorable Sara Darrow, United States District Court for the Central
District of Illinois, sitting by designation.
2 No. 17-1956
that courts should apply state law. 863 F.3d 748, 750 (7th Cir.
2017). We rei... More...
   $0 (01-27-2018 - IL)

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