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Failure To Assist Law
 
Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... 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)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

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

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

United States of America v. Steven Metro District of New Jersey Federal Courthouses

Steven Metro appeals from the 46-month sentence of imprisonment imposed by the District Court as a consequence of his guilty plea to one count of conspiracy to violate federal securities laws and one count of insider trading. He contends that the Court wrongly attributed to him illicit financial gains
3
actually attributable to someone with whom he was not acting in concert and to whom he ... More...
   $0 (02-14-2018 - NJ)

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)

United States of America v. Ronald Miltier Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

A federal jury convicted Ronald Miltier of seven counts of receipt of child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and one count of possession of
child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Miltier argues
that the district court erred in denying his motion for judgment of acquittal based on
insufficient evidence that he knowingly receive... More...
   $0 (02-14-2018 - VA)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Black & Veatch Corporation v. Aspen Insuance (UK) Ltd.; Lloyd's Syndicate 2003 District of Kansas Federal Courthouse - Wichita, Kansas

This case is an insurance coverage dispute between Plaintiff-Appellant Black &
Veatch Corporation (“B&V”) and Defendants-Appellees Aspen Insurance (UK) Ltd. and
Lloyd’s Syndicate 2003 (collectively, “Aspen”). The issue is whether Aspen must
reimburse B&V for the costs B&V incurred due to damaged equipment that its
subcontractor constructed at power plants in Ohio and Indiana. The d... More...
   $0 (02-13-2018 - KS)

Carto Properties, LLC Jen Marie Rau, Individually, Key Maps, Inc, and The Jen Marie Rau Life Insurance Trust v. Briar Capital, LP Harris County Courthouse - Houston, Texas

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in... More...   $0 (02-13-2018 - TX)

Mariusz Bogdanski v. Daman Budzik v. Fedex Ground Package System, Inc. Union County Courthouse - Niobara, Wyoming

[¶1] Mariusz Bogdanski and Damian Budzik were codrivers of a commercial semitruck
that was involved in an accident on Interstate 80 east of Evanston, Wyoming.
Bogdanski was injured in the accident and filed an action against Budzik, alleging that
his negligence caused the accident. He also sued FedEx Ground Package System, Inc.
(FedEx), the company whose trailers they were hauling,... More...
   $0 (02-13-2018 - )

Michelle Tatis v. Allied Interstate, LLC District of New Jersey Federal Courthouses

This appeal arises under the Fair Debt Collection Practices Act (FDCPA or Act). The question presented is whether a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could violate the Act’s general prohibition against “any false, deceptive, or misleading representation or means in connection with the collection of any... More...   $0 (02-13-2018 - ht)

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)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

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 (02-13-2018 - CA)

Franklin Grammer, Jr. v. M. Sauers, Warden, Ellsworth Correctional Facility; Attorney General of Kansas District of Kansas Courthouse - Kansas City, Kansas

In June 2009, Franklin L. Grammer, Jr., killed his ex-wife, Betty Grammer
(Betty). On that day, she was painting a house in Johnson County, Kansas, with Jeff
Robinson and Samuel Shanks. Grammer walked up to her, put her in a headlock, and
shot her in the head. He then walked across the front yard of the residence holding the
gun in a ready position apparently looking for Robinson a... More...
   $0 (02-12-2018 - KS)

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)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

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)

Alvin Doe v. Xavier Becerra, as Attorney General, etc.

This case involves a challenge to the California Department of Justice’s (DOJ)
policy that individuals who possess a federal license to collect “curio and relic” firearms
cannot, by virtue of possessing that license, purchase more than one non-curio or relic
handgun in a 30-day period. DOJ’s position is based on an interpretation of Penal Code
section 27535,
1 which both limits... More...
   $0 (02-11-2018 - CA)

United States of America v. Joseph Daniel Hudek, IV Western District of Washington Federal Courthouse - Seattle, Washington

Seattle, WA - Florida Man Who Assaulted Airline Flight Crew and Passengers Enroute to China Pleads Guilty

Defendant Admits He Struck Passengers and Crew after Attempting to Raise Lever on Exit Door while Airborne

A Tampa, Florida, man who assaulted crew and passengers on a Delta Airlines flight bound for China pleaded guilty today in U.S. District Court in Seattle to fo... More...
   $0 (02-10-2018 - WA)

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)

Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th... More...
   $0 (02-10-2018 - CO)

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