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Marjo Alberto Lopez Garza v. Citigroup, Inc. District of Delaware Federal Courthouse - Wilmington, Deleware

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action
3
and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award attor... More...
   $0 (02-23-2018 - DE)

United States of America v. Gabriel Werdene Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises from the Federal Bureau of
Investigation’s (FBI) investigation into Playpen, a global
online forum that existed on the dark web1 and that was
1 “The dark web is a private global computer network
that enables users to conduct anonymous transactions without
revealing any trace of their location.” Ahmed
Ghappour, Searching Places Unknown: Law Enforcement
3... More...
   $0 (02-23-2018 - PA)

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Leesa Jacobson v. United States Department of Homeland Security, et al. Arizona District Federal Courthouse - Tucson, Arizona

Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees (Appellees). We vacate and remand for further proceedings.

FACTUAL AND PROCEDUR... More...
   $0 (02-19-2018 - AZ)

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)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
2
BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

United States of America v. Robert Warren Scully Western District of Texas Federal Courthouse - San Antonio, Texas

Appellant Robert Warren Scully was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme. 18 U.S.C. §§ 371, 1343, 1349. The district court later granted the Government’s motion to restrain Scully’s assets to preserve them for restitution and forfeiture. Scully was then sentenced and ordered to pay $1,206,539.94 in restitu... More...   $0 (02-15-2018 - TX)

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)

Clayton Douglas v. Serenivision, Inc.

There is a “strong presumption that courts should
determine the jurisdiction of arbitrators.” (Sandquist v. Lebo
Automotive, Inc. (2016) 1 Cal.5th 233, 249 (Sandquist).) Parties
may nevertheless agree to let an arbitrator decide his or her own
jurisdiction, at least if their agreement to do so is “‘clear[] and
unmistakabl[e].’” (Howsam v. Dean Witter Reynolds, Inc. (2002)
5... More...
   $0 (02-08-2018 - CA)

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 - )

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)

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)

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)

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)

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 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)

Natasha Mueller and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract, ... More...   $0 (01-27-2018 - WI)

Martin Flores v. The State of Texas Authorities find, arrest man accused of sexual assault of a child

The grand jury indicted Appellant on two separate counts for the offense of sexual assault of a child. Under Count One, the indictment alleged that Appellant intentionally and knowingly caused the penetration of M.B.’s sexual organ with his sexual organ while M.B. was under the age of seventeen. Under Count Two, the indictment alleged that Appellant intentionally and knowingly caused the penetra... More...   $0 (01-26-2018 - TX)

Keith Crabbs v. Zach Scott Southern District of Ohio Federal Courthouse - Columbus, Ohio

Keith Crabbs filed a § 1983 claim alleging that the local police violated his Fourth (and Fourteenth) Amendment right to be secure from unreasonable searches. But he died before the case could be resolved. Anne Crabbs, Keith’s mother and the personal representative of his estate, filed a motion to substitute as a party. The district court found that Keith’s death extinguished his claim and dismiss... More...   $0 (01-26-2018 - OH)

Timothy L. Ashford v. Douglas County; State of Nebraska District of Nebraska Federal Courthouse - Lincoln, Nebraska

Nebraska lawyer Timothy Ashford appeals a district court order dismissing his
race discrimination suit on grounds of judicial and quasi-judicial immunity. We
conclude that Ashford lacked standing in the district court, so we vacate the district
court’s judgment and remand with instructions to dismiss the case without prejudice.
Our decision turns on the facts that were before the d... More...
   $0 (01-25-2018 - )

Alberto Ontiveros Soto v. Veronica Lemus Contreras Northern District of Texas Federal Courthouse - Dallas, Texas

Veronica Lemus Contreras (Lemus), a native and citizen of Mexico residing in the United States, challenges the denial of her grave-risk defense to Alberto Ontiveros Soto’s (Ontiveros) seeking return of their child, A.O.L., to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), 24 Oct. 1980, T.I.A.S. No. 11670, S. Treaty Doc. No. 99–11. ... More...   $0 (01-25-2018 - TX)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

Rodney Keister v. Stuart Bell, John Hooks, Mitchell Odom Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Rodney Keister appeals the district court’s denial of a preliminary injunction. Mr. Keister sought to enjoin University of Alabama (“UA”) officials from applying UA’s grounds use policy to the intersection of University Boulevard and Hackberry Lane. Application of this grounds use policy prevents him from speaking on UA’s campus unless he complies with its terms. Because the district court properl... More...   $0 (01-23-2018 - AL)

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