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Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...
   $0 (02-18-2018 - MN)

Family and Estate of Korryn Gaines v. Baltimore County City of Baltimore Courthouse - Baltimore, Maryland

Baltimore, MD - Jury Awards Family of Woman Killed by Cop $32 Million

The family and estate of Korryn Gaines sued Baltimore County and Royce Ruby on excessive for theories that he did not have good cause to shoot and kill her.

The 2016 death of Korryn Gaines came at the end of six-hour standoff in her apartment.

Cpl. Royce Ruby and his partner had attempted to serve wa... More...
   $32000000 (02-16-2018 - MD)

United States of America v. Jessica Arong O'Brien Northern District of Illinois Courthouse - Chicago, Illinois

Chicago, IL - Federal Jury Convicts Illinois Attorney in Mortgage Fraud Scheme

A federal jury on February 15, 2018 convicted an Illinois attorney of fraudulently obtaining loans related to the purchase, maintenance and sale of properties on Chicago’s South Side.

JESSICA ARONG O’BRIEN fraudulently caused lenders to issue and refinance approximately $1.4 million in mortgage and com... More...
   $0 (02-16-2018 - IL)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
2
Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender Supreme Court of Appeals of West Virginia - Charleston, West Virginia

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...   $0 (02-14-2018 - WV)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Moira E. Teixeira v. Town of Coventry District of Rhode Island Federal Courthouse - Providence, Rhode Island

The McDonnell Douglas framework,
see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973),
has proven to be a useful tool in the adjudication of pretrial
motions (especially at the summary judgment stage) in
discrimination and retaliation cases. See, e.g., Burns v. Johnson,
829 F.3d 1, 8 (1st Cir. 2016) (discrimination); Henry v. United
Bank, 686 F.3d 50, 55 (1st ... More...
   $0 (02-12-2018 - RI)

Carol Diane Cooper and John Scott Cooper v. Alyssa Jane D'Amore, f/k/a Alyssa J. Cooper District of Massachusetts Federal Courthouse - Boston, Massachusetts

In 2003, Peter M. Cooper, Jr.
("decedent") established an Individual Retirement Account ("IRA")
with Mesirow Financial ("Mesirow IRA"), and designated his then
wife, Alyssa Jane D'Amore ("D'Amore"), as beneficiary. In 2006,
the couple divorced, but decedent never revoked the beneficiary
designation. In 2011, decedent transferred the majority of his
Mesirow IRA assets to a T... More...
   $0 (02-11-2018 - MA)

Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

Brande Lee Samuels v. Ryan McDonald, Robert Nigh, Steve Kunzeiler, Isaac Shields, Stuart Southerland Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brande Lee Samuels appeals the district court’s dismissal of his amended
complaint that alleged claims under 42 U.S.C. § 1983 against three Tulsa County public
defenders and two prosecutors with the Tulsa County District Attorney’s Office. The
court dismissed the amended complaint without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim. It granted Mr. Sam... More...
   $0 (02-10-2018 - OK)

Estate of Betty Lou McDermed v. Ford Motor Company District of Kansas Courthouse - Kansas City, Kansas

The estate of Betty McDermed, by and through its representative Diane
McDermed, along with Betty McDermed’s children, Paul McDermed and Georgia
Iocco (collectively “the McDermeds”), brought a product liability action against the
Ford Motor Company (“Ford”) following Betty McDermed’s death in a car accident.
After Ford filed two motions to exclude the McDermeds’ expert witnesses
... More...
   $0 (02-10-2018 - KS)

Dalia Rojas v. HSBC Card Services, Inc.

APPEAL from a judgment of the Superior Court of San Diego County, Earl H.
Maas III, Judge. Reversed and remanded with directions.

In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of
action against defendants HSBC Card Services Inc. and HSBC Technology & Services
(USA) Inc. (together HSBC) based on HSBC's alleged violations of Rojas's right toMore...
   $0 (02-10-2018 - CA)

Sonny Low v. Trump University, LLC, ak/a Trump Entrepreneur Initiative and Donald Trump Southern District of California Federal Courthouse - San Diego, California

Trump University, now defunct, was a for-profit entity that purported to teach Donald J. Trump’s “secrets of success” in the real estate industry. During the 2016 presidential election, Trump University and Trump were defendants in three lawsuits alleging fraud and violations of various state and federal laws: two class actions in the Southern District of California, and a suit by the New York Att... More...   $0 (02-09-2018 - CA)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

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)

United States of America v. Randy Metcalf Northern District of Iowa Federal Courthouse - Dubuque, Iowa

A jury convicted Randy Joe Metcalf of committing a hate crime in violation of
the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18
U.S.C. § 249(a)(1) (the Act). The district cou 1 rt2 sentenced Metcalf to the statutory
maximum sentence of 120 months’ imprisonment. Metcalf appeals, arguing that the
Act is unconstitutional because Congress lacked the author... More...
   $0 (02-08-2018 - IA)

Lisa M. Wilcox v. United States of America; Lake Regional Health System; Richland Medical Center; Robert C. Neilson, M.D.; Rossell Johnson, M.D. Western District of Missouri Federal Courthouse - Jefferson City, Missouri

Lisa Wilcox appeals the judgment of the district court2 granting the United States’ motion to substitute parties and motion to dismiss, and Lake Regional Health Systems’ (Lake Regional) motion for summary judgment. We affirm.
I.
On June 28, 2013, Wilcox filed a petition in the Circuit Court of Camden County, Missouri alleging negligence against Dr. Robert Nielsen and Dr. Russell Johnson af... More...
   $0 (02-08-2018 - MO)

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)

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)

Estate of Serinity Deal v. Oklahoma Department of Human Services Pottawatomie County Courthouse - Shawnee, Oklahoma

Oklahoma City, OK - Oklahoma Pays $475,000 To Settle Wrongful Death Cclaim

The family and estate of Serenity Deal sued the Oklahoma Department of Human Services on a negligence wrongful death theory claiming that employees of the Defendant negligently recommended that the child be placed in the custody of his biological father who subsequently killed her in 2011.

Sean Devon Broo... More...
   $475000 (02-04-2018 - OK)

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