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Hague Convention Law
 
UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Marshall Garber v. Heriberto Menendez, M.D. Northern District of Ohio Courthouse - Cleveland, Ohio

Minors injured by medical malpractice in Ohio have one year to sue their doctors after they turn eighteen. When Marshall Garber sued Dr. Heriberto
>
No. 17-3992 Garber v. Menendez Page 2
Menendez for malpractice in May 2017, one year had come and gone. But Ohio tolls the statute of limitations if the defendant leaves the State. The clock stopped when Dr. Menendez left Ohio for Florida ... More...
   $0 (05-06-2018 - OH)

John R. Turner v. United States of America Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Appellant John Turner asks us to overrule
nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does
not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614–
15 (6th Cir. 2000) (citing United States v. Sikora, 635 F.2d 1175 (6th Cir. 1980)). We decline to
do so. Our rule—copied word for word from the Supreme ... More...
   $0 (03-26-2018 - TN)

United States of America v. Edward N. Levine District of Nevada Federal Courthouse - Las Vegas, Nevada

Las Vegas, NV - . The government is represented by Trial Attorney Ryan Connors, Assistant U.S. Attorney Kathryn Newman, and paralegals Christopher Kopf and Amanda Backer.

Edward N. Levine, 67, a resident of Novato, California, was sentenced on March 23, 2018 to 27 months in prison and followed by three years of supervised release for the sale of two black rhinoceros horns in Las Vegas. Le... More...
   $0 (03-23-2018 - NV)

Ming Dai v. Jefferson B. Sessiona III Northern District of California Federal Courthouse - San Francisco

Ming Dai is a citizen of China. He testified that he was
beaten, arrested, jailed, and denied food, water, sleep, and
medical care because he tried to stop the police from forcing
his wife to have an abortion. The Board of Immigration
Appeals (BIA) nevertheless found that Dai was not eligible
for asylum or withholding of removal.
There is one clear and simple issue in this ... More...
   $0 (03-09-2018 - CA)

Clayton Byrd v. Tennessee Wine and Spirits Retailers Association Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (“Association”) appeals the district court’s order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is ... More...
   $0 (02-26-2018 - TN)

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)

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)

Michael Catinella v. County of Cook, Illinois Northern District of Illinois Courthouse - Chicago, Illinois

Michael Catinella sued Cook County and its Department of Transportation for firing him under false pretenses in violation of his rights under the Due Process Clause, the Equal Protection Clause, and federal statutory provisions. The circumstances surrounding this event are filled with intrigue. The complaint describes a
2 No. 16-2278
public-bidding process gone awry, an investigation to co... More...
   $0 (01-31-2018 - IL)

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)

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)

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)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC COURT OF APPEALS OF THE STATE OF NEW MEXICO

William “Mack” Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

United States of America v. Kwok Lun Chow Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Defendant-Appellant, Kwok Lun Chow, was charged in a one-count
indictment with possession with intent to distribute more than fifty kilograms of
marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Chow filed a motion
to suppress evidence seized during a roadside search of his vehicle. The district
court denied the motion and Chow entered a conditional guilty plea to the ch... More...
   $0 (12-21-2017 - WY)

Vitro Packaging de Mexico, S.A. de C.V. v. John Kasimir Dubiel, Jr.

In this interlocutory appeal, Mexican corporation Vitro Packaging de Mexico, S.A. de C.V.
(Vitro Mexico), appeals the trial court’s order denying its second special appearance. In two
issues, Vitro Mexico contends the trial court did not have personal jurisdiction over it because the
plaintiff did not serve it in accordance with The Hague Convention, a multinational treaty. For
rea... More...
   $0 (12-13-2017 - TX)

James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

United States of America v. Luis Valencia Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Man Pleads Guilty to Smuggling Tiger

Luis Valencia pleaded guilty in federal court on December 5, 2017 to smuggling a tiger cub into the United States from Mexico in the front passenger side of his car while driving through the San Ysidro Port of Entry on August 23, 2017.

In pleading guilty, Valencia admitted that on August 18, 2017, he contacted an individual in ... More...
   $0 (12-09-2017 - CA)

San Diego Comic Convention v. Dan Farr Productions, et al. Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Jury Finds in Favor of San Diego Comic Convention on Trademark Violation Theory

San Diego Comic Convention sued Dan Farr Productions, Bryan Brandenburg and Daniel Farr on trademark infringement theories under 15 U.S.C. 1114, Lanham Act violation theories claiming that the Defendants caused confusion in using a deceptively similar name (Sal Lake Comic Con) for a pop-culture... More...
   $20000 (12-09-2017 - CA)

Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, L.L.C. Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Jury Awards Publisher $585,000 In Damages On Copyright Claim

Energy Intelligence Group, Inc. sued Kayne Anderson Capital Advisors on a copy right violation theory claiming that the Defendant wrongfully copied its energy newsletters. It claimed that Defendant shared five subscriptions of "Oil Daily" with others in the investment firm who did not have subscriptions. Thirty-nin... More...
   $585000 (12-08-2017 - TX)

Domenico Taglieri v. Michelle Monasky Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Our decision in this case is controlled by the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (“Convention” or “Hague
Convention”), which dictates that a wrongfully removed child must be returned to the country of
habitual residence. Our precedent has demonstrated that where a child lives exclusively in one
country, that country is presumed to be the ch... More...
   $0 (11-30-2017 - OH)

Arnetia Joyce Robinson v. Federal Housting Finance Agency Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Appellant Arnetia Joyce Robinson is a
stockholder in the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home
Loan Mortgage Corporation (“Freddie Mac”; collectively, the “Companies”). During the
economic recession in 2007–2008, Congress enacted the Housing and Economic Recovery Act
of 2008 (“HERA”), which created an agency, Appellee Federal Housing Finance Agen... More...
   $0 (11-26-2017 - KY)

Eileen Bransten v. State of New York New York Court of Appeals Hall - Albany, New York

The issue presented on this appeal is whether Civil Service Law § 167 (8), as amended, authorizing a reduction of the State's contribution to health insurance benefits for State employees, including members of the State judiciary, violates the Judicial Compensation Clause [*2]of the State Constitution (NY Const, art VI, § 25 [a]). We conclude the State's contribution is not judicial compensation p... More...   $0 (11-21-2017 - NY)

United States of America v. Michael Hegarty Southern District of Florida Federal Courthouse - Miami, Florida

Miami, FL - Irish National Sentenced to 18 Months in Prison for Trafficking of Endangered Rhinoceros Horn Libation Cup

Michael Hegarty, an Irish national, was sentenced in federal court in Miami, Florida, November 14, 2017 to 18 months in prison to be followed by three years of supervised release for fraudulently facilitating the transportation and concealment of a libation cup carved fro... More...
   $0 (11-15-2017 - FL)

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