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Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Nielsen Contracting, Inc. v. Applied Underwriters, Inc.


Nielsen Contracting, Inc. and T&M Framing, Inc. (collectively Nielsen) sued
several entities (defendants) alleging these entities fraudulently provided workers'
compensation policies to Nielsen that were illegal and contained unconscionable terms.
Defendants moved to compel arbitration and stay the litigation under an arbitration
2
provision in one defendant's contract, t... More...
   $0 (05-07-2018 - CA)

James Michael Hand, et al. v. Rick Scott Northern District of Florida Federal Courthouse - Tallahassee, Florida

Appellants Rick Scott, in his official capacity as Governor of the State of Florida, and the other three members of Florida’s Executive Clemency Board (Pam Bondi, Adam H. Putnam, and Jimmy Patronis) (collectively, the “State Executive
Case: 18-11388 Date Filed: 04/25/2018 Page: 1 of 36
2
Clemency Board”) have appealed from the district court’s orders entered in favor of appellees James... More...
   $0 (05-01-2018 - FL)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

Sadie M. Curry v. Equilon Enterprises, LLC

Plaintiff and appellant Sadie M. Curry brought a class action case against
defendant and respondent Equilon Enterprises, LLC, doing business as Shell Oil
Products US (Shell). Curry’s causes of action included (1) failure to pay overtime
compensation; (2) failure to pay for missed break periods; and (3) unfair business
practices (Bus. & Prof. Code, § 17200). The trial court found Sh... More...
   $0 (04-29-2018 - CA)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

Planned Parenthood of Greater Ohio v. Lance Himes Sixth Circuit Court of Appeals for the Sixth Circuit

Enacted in 2016, Ohio Revised Code § 3701.034
requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six
non-abortion-related federal health programs are not used to contract with any entity that
performs or promotes nontherapeutic abortions, or becomes or continues to be an affiliate of any
entity that performs or promotes nontherapeutic abortion... More...
   $0 (04-18-2018 - OH)

Karen Hayes v. Temecula Valley Unified School District

Karen Hayes appeals a judgment denying her writ of mandate petition seeking an
order directing the Temecula Valley School District (District) to reinstate her as a middle
2
school principal. The District removed Hayes as principal and reassigned her to a
teaching position for the 2015-2016 school year under its statutory authority to reassign a
school principal without cause. ... More...
   $0 (03-26-2018 - CA)

Janet Hodgin v. UTC Fire & Security Americas, Corporation, Inc.; Honeywell International Incorporated Northern District of West Virginia Federal Courthouse - Clarksburg, West Virginia

Plaintiffs-Appellants sued UTC Fire & Security Americas Corporation, Inc., and Honeywell International, Inc., under the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Although Plaintiffs did not allege that UTC and Honeywell directly violated the TCPA, they claimed that both companies were vicariously liable for illegal calls made by telemarketers promoting UTC and Honeywell prod... More...   $0 (03-24-2018 - wV)

Gezel Saheli v. White Memorial Medical Center

White Memorial Medical Center (White Memorial) and
Juan Barrio, M.D. (together, Defendants) challenge the denial in
part of their petition to compel arbitration of claims brought
against them by Gezel Saheli, M.D. Although the trial court
ordered Saheli to arbitrate the majority of her claims, it refused
to compel arbitration of her claims brought pursuant to Civil
Code sec... More...
   $0 (03-15-2018 - CA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

United States of America v. Daniel James Stanford Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This criminal appeal returns to this court after Stanford was resentenced following this court’s decision in United States v. Stanford remanding the case “for any other proceedings as needed.”1 Back before this court on appeal, Stanford, in addition to alleging various errors in the district court’s redetermination of his guideline range, argues that the district court erred in denying his request... More...   $0 (02-19-2018 - LA)

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)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Tracey E. George, et al. v. Tre Hargett, et al. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-09-2018 - TN)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

In Re: Jimmy John's Overtime Litigation Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs‐appellants brought this
collective and class action lawsuit against Jimmy John’s1 on
behalf of all assistant store managers nationwide for violations
of the Fair Labor Standards Act (“FLSA”). Although the
vast majority of plaintiffs work in stores owned by franchisees,
2 they claim that Jimmy John’s is their joint employer.
1 The Jimmy John’s corporate defe... More...
   $0 (12-14-2017 - IL)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

Oregon State University v. The Superior Court of San Diego County, George R. Sutherland, Real Party in Interest

Oregon State University (Oregon State) petitions for a peremptory writ of mandate
directing the superior court to vacate an order overruling Oregon State's demurrer to
George A. Sutherland's first amended complaint (complaint) and to enter a new order
sustaining the demurrer without leave to amend. Oregon State contends the challenged
order violates the federal Constitution's full ... More...
   $0 (11-11-2017 - CA)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Courtney Cates v. Crystal Clear Technologies, LLC, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The three named plaintiffs brought a purported class action alleging
that the developers of their neighborhoods created agreements that violated both state and federal
law by requiring the neighborhoods’ homeowners to pay for basic telecommunications services
provided by Crystal Clear Technologies, LLC (“Crystal Clear”), an entity owned and controlled
by the developers. The distric... More...
   $0 (11-06-2017 - TN)

Robert Stein and Robert Beck v. HHGTREGG, Inc. and Gregg Appliances, Inc. d/b/a hhgregg Circuit Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Defendants hhgregg, Inc. and Gregg
Appliances, Inc. have a uniform compensation policy whereby their retail and sales employees,
who are paid solely on the basis of commission, are advanced a “draw” to meet the minimumwage
requirements whenever their commissions fall below minimum wage. The amount of the
draw is then deducted from future earnings in weeks when the employees’ commis... More...
   $0 (10-15-2017 - OH)

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