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Fiduciary Duty Law
 
Margery Newman v. Metropolitan Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor... More...
   $0 (02-07-2018 - IL)

United States of America v. Talman Harri Northern District of Ohio Courthouse - Cleveland, Ohio

Talman Harris appeals his criminal convictions and sentences,
arguing that the district court erred by: (1) barring Harris from impeaching a government
>
No. 17-3087 United States v. Harris Page 2
witness; (2) admitting government summary evidence; (3) giving an inaccurate jury instruction
with regard to a stockbroker’s fiduciary duties; and (4) failing to investigate potential... More...
   $0 (02-06-2018 - OH)

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)

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)

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)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

United States of America v. Joseph Tigano, III Western District of New York Federal Courthouse - Buffalo, New York

2 On July 8, 2008, Joseph Tigano, III and his father, Joseph Tigano, Sr., were
3 arrested on charges related to a marijuana growing enterprise allegedly operated
4 by the two men. When Drug Enforcement Administration (“DEA”) task force
5 members executed a search warrant at the Tiganos’ residence on the morning of
6 the arrest, they discovered over 1,400 marijuana plants. On Octobe... More...
   $0 (02-01-2018 - NY)

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. David W. LaCouture District of Massachusetts Federal Courthouse - Boston, Massachusetts

David Lacouture appeals his 74-
month sentence for failure to register under the Sex Offender
Registration and Notification Act ("SORNA"), in violation of 18
U.S.C. § 2250(a). Lacouture challenges the district court's
application of an eight-level enhancement to his sentence. The
district court imposed the enhancement because it found Lacouture
had committed a sex offense a... More...
   $0 (02-01-2018 - MA)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

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)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

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)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

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)

STATE OF OHIO v. KOREY RANDLE

At 7:00 in the morning on July 22, 2017, Matthew Thomas (“Thomas”)
left work and returned to his home on Cherry Street in Marion, Ohio. Trial Tr. 315.
At roughly 10:00 that morning, Randle came to Thomas’s house for a visit. Id. at
317. According to Thomas, he and Randle, at some point that morning, decided to
commit a robbery. Id. at 322. They got in Thomas’s car—which ... More...
   $0 (01-29-2018 - OH)

STATE OF OHIO v. LINDRELL E. MALONEY

This matter is before the Court on the September 16, 2016 Notice of Appeal
of Lindrell E. Maloney. Maloney appeals from his judgment entry of conviction on two
counts of rape (under thirteen), in violation of R.C. 2907.02(A)(1)(b), felonies of the first
degree, and two counts of sexual battery (natural parent), in violation R.C. 2907.03(A)(5),
felonies of the third degree. T... More...
   $0 (01-29-2018 - OH)

California Self-Insurers'Security Fund v. The Superior Court of Orange County, Ativcare Living, Real Parties in Interest

Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon
Peabody LLP (Nixon Peabody or the firm) seek a writ of mandate directing the trial court
to vacate its order disqualifying Nixon Peabody from representing the Fund in the instant
case. Petitioners argue the trial court mistakenly believed it was compelled by law to
disqualify the firm; the court instead should... More...
   $0 (01-29-2018 - CA)

Billy J. Burden v. State of Indiana COURT OF APPEALS OF INDIANA

In the fall of 2015, Burden and a woman named Christina were in a
relationship and lived together with Christina’s two young children B.E. and
K.E. Christina believed that Burden was the father of four-month old K.E.; yet,
she wanted Burden to provide no care for either child, explaining, “I was their
mother.” Tr. Vol. 3 at 40. Christina testified that she provided “clothing... More...
   $0 (01-28-2018 - IN)

United States v. Muhammad Anwar Northern District of Iowa Courthouse - Waterloo, Iowa

A jury convicted Muhammad Anwar of : (1) conspiracy to distribute controlled
substances and controlled substance analogues, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(c), and 846, and (2) conspiracy to commit money laundering, in violation
of 18 U.S.C. § 1956(h). The district court1 sentenced Anwar to 240 months’
imprisonment on the first count and 60 months on the second co... More...
   $0 (01-28-2018 - IA)

Raeburn Bedford v. John Doe; International Paper Company Federal Courthouse - Fort Smith, Arkansas

Raeburn Bedford is a truck driver who was unfortunately injured after he
opened the door to a trailer he was hauling and a load of boxes fell on him. Bedford
sued International Paper Company, or IP, and a John Doe who worked for IP,
asserting that Doe negligently failed to secure the load and that IP negligently
supervised the loading and inspecting of the trailer and was vicarious... More...
   $0 (01-28-2018 - AR)

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)

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)

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