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Time Warner Cable, Inc. v. County of Los Angeles

Time Warner Cable (Time Warner) operates a cable system
that uses public rights-of-way in Los Angeles to provide cable
television,1 broadband, and telephone services. Time Warner
initially only provided television services. Once changing
technologies enabled broadband and telephone services to be
delivered over cable rights-of-way, Time Warner and many other
cable operators... More...
   $0 (07-20-2018 - CA)

Tamara Baskin v. Hughes Realty, Inc.

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...
   $0 (07-13-2018 - CA)

Margaret Lawless v. Steward Health Care System, LLC District of Massachusetts Federal Courthouse - Boston, Massachusetts

At its inception, this appeal
seemed to present a single question — albeit a novel one — about
how to interpret the Massachusetts Wage Act (the Wage Act). See
Mass. Gen. Laws ch. 149, §§ 148, 150. But appearances can be
deceiving, cf. Aesop, The Wolf in Sheep's Clothing (circa 550
B.C.), and at oral argument, a threshold question emerged as to
the existence vel non of feder... More...
   $0 (06-25-2018 - MA)

Moofly Productions, LLC v. Sandra C. Favilla, Nina M. Riley,

This appeal requires us to consider the procedures a trial
court must follow in imposing sanctions for violations of Code of
Civil Procedure section 1008.
1 That section, which establishes the
rules for filing motions for reconsideration, provides that a court
may impose sanctions for violations “as allowed by [s]ection 128.7.”
(§ 1008, subd. (d).) May a trial court sanctio... More...
   $0 (06-24-2018 - CA)

Leoncio Garcia v. Wal-Mart Stores Texas, L.L.C. Southern District of Texas Courthouse - Houston, Texas

Leoncio Garcia sued Wal-Mart Stores Texas, L.L.C. (“Wal-Mart”), after he slipped and fell inside the entrance to one of its stores. The district court granted summary judgment for Wal-Mart, reasoning that Garcia had failed to raise a fact issue on Wal-Mart’s knowledge of the spill. Disagreeing, we reverse and remand.
I.
The incident was caught on the store’s video surveillance. At 5:56 a.m... More...
   $0 (06-18-2018 - TX)

CLIFTON STEEL COMPANY vs. TRINITY EQUIPMENT COMPANY

Clifton is a steel manufacturer whose products include wear parts for the railroad
industry. Railroad wear parts are replaced on a consistent basis “to protect wear within the
[railroad] car itself.” Trinity sells railroad parts and has acted as Clifton’s sales agent since
1986. No written contract between the companies existed until May 4, 2012, when the parties
e... More...
   $0 (06-09-2018 - OH)

United States of America v. Raeef Ohan Ohan Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Stockton Man Pleads Guilty to Money Laundering

Raeef Ohan Ohan, 59, of Stockton, pleaded guilty today to engaging in monetary transactions in criminally derived property related to a series of cargo thefts.

According to court documents, from 2012 to 2014, Ohan received and possessed thousands of dollars’ worth of stolen goods that had been stolen from truck trail... More...
   $0 (06-09-2018 - CA)

RONALD D. HENDRIX, BDOE OF CHESTERFIELD, INC., BDOE, INC., and BD75, INC. V. JIM SHERIDAN, UES, LLC, SFCC-OLATHE, INC., and SHERIDAN'S FRANCHISE SYSTEMS, INC. Kansas Judicial Center

In 2013, Hendrix; BDOE, Inc.; and Hendrix's two other franchises (collectively Hendrix) filed suit against Sheridan; UES, LLC, the company that owned Unforked; and SFCC-Olathe, Inc. alleging fraud, breach of contract, and violations of the Kansas Consumer Protection Act. He later amended the petition to include SFS. Hendrix sought damages in excess of $75,000 and a declaration that he did not have... More...   $0 (05-27-2018 - KS)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

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)

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