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Homeowners Association Law
 
Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

Annie Rayman v. Abbott Amubulance, Inc. St. Louis City Courthouse - City of St. Louis, Missoui

Annie Rayman (“Rayman”) appeals from the trial court’s grant of summary judgment in
favor of Abbott Ambulance, Inc. (“Abbott”) on her negligence claim. Rayman sued Abbott for
damages that resulted from an automobile collision between Rayman and a third party. The trial
court granted Abbott’s motion for summary judgment, finding that Abbott did not owe Rayman a
duty of care and that... More...
   $0 (02-08-2018 - MO)

Larry Gene Burks v. Wendy Kelley, Director, Arkansas Department of Corrections Easter District of Arkansas Federal Courthouse - Pine Bluff, Arkansas

Larry Burks was convicted of rape in Arkansas and sentenced to thirty years in
prison. When Burks, more than five years later, petitioned for a writ of habeas corpus
under 28 U.S.C. § 2254, there was a dispute about whether the petition was timely.
The district court determined that the one-year statute of limitations should be
equitably tolled and deemed Burks’s petition timely. T... More...
   $0 (02-08-2018 - AR)

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)

Steven Mora v. Webcor Construction, L.P.

California Labor Code section 226, subdivision (a) (Section 226(a)), requires
employers to provide employees wage statements itemizing, among other things, all
wages earned, including the hours worked and applicable rates of pay. Plaintiff and
appellant Steven Mora (appellant) contends defendant and respondent Webcor
Construction, L.P. (respondent) violated Section 226(a) by faili... More...
   $0 (02-06-2018 - 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)

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)

Nutrition Distribution, LLC v. Southern Sarms, Inc.

Code of Civil Procedure section 128.51
authorizes a trial
court to award sanctions for bad faith actions or tactics that are
frivolous or solely intended to cause delay. Pursuant to former
subdivision (f) of section 128.5, effective from January 1, 2015
until amended by urgency legislation enacted August 7, 2017
(former subdivision (f)), any such sanctions had to be imposed... More...
   $0 (02-01-2018 - CA)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

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)

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)

United States of America v. Pierre Azor District of Maine Federal Courthouse - Portland, Maine

Appellant Pierre Azor
("Appellant") appeals the district court's denials of his motions
for suppression and severance, and claims that his sentence of
thirty-six months of imprisonment is substantively unreasonable.
After review, we find that the district court properly denied his
motion to suppress and did not abuse its discretion in denying his
motion to sever. Additional... More...
   $0 (01-26-2018 - )

United States of America v. Bart Sidney Posey, Sr. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Nashville, TN - Former Owner Of Springfield, Tennessee-Based Smart Data Solutions, LLC Pleads Guilty to Multi-Million Dollar Healthcare Benefits Scheme

Multi-Million Dollar Fraud Impacted 17,000 Victims

Bart Sidney Posey, Sr., 50, a Springfield, Tenn. resident and former owner of the Springfield-based companies American Trade Association (ATA) and Smart Data Solutions (SDS), plea... More...
   $0 (01-26-2018 - TN)

Liberty Coins, L.L.C. v. David Goodman Southern District of Ohio Federal Courthouse - Columbus, Ohio

Plaintiffs Liberty Coins, LLC, and Worthington Jewelers,
Ltd., bring facial and as-applied Fourth Amendment challenges to four warrantless search
provisions in Ohio’s Precious Metals Dealers Act and the accompanying regulations: O.R.C.
§§ 4728.05(A), 4728.06, 4728.07, and Ohio Admin. Code § 1301:8-6-03(D). These laws equip
state agents and local law enforcement with the authority t... More...
   $0 (01-26-2018 - OH)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

United States of America v. Jerome Wilson Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

If it were somehow in doubt before, we take the opportunity now to hold that bank robbery by intimidation is categorically a “crime of violence” under the United States Sentencing Guidelines. In doing so, we join several other federal courts of appeals that have held the same under the guidelines or the Armed Career Criminal Act (“ACCA”).
3
Jerome Wilson pled guilty to unarmed bank robbery... More...
   $0 (01-23-2018 - PA)

United States of America, ex rel. Steve Greenfield v. Medco Health Solutions, Inc., et al. District of New Jersey Federal Courthouses

Accredo Health Group, Inc., a specialty pharmacy that provides home care for patients with hemophilia (a rare condition that prevents blood from clotting properly), made donations to charities, two of which allegedly recommended Accredo as an approved provider for hemophilia patients. This raises whether the donations came with something expected in return for the recommendations, which might trig... More...   $0 (01-23-2018 - NJ)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

Michelle Merceri v. Deutsche Bank, AG, et al. Washington Court of Appeals, Division 1 - Tacoma, Washington

Under RCW 4.16.230, the statute of limitations is tolled
when the commencement of an action is stayed by a statutory prohibition. Under
the federal bankruptcy code, actions to foreclose on a debtor's property are
stayed while the property at issue is part of the bankruptcy estate. We are asked
to determine whether the bankruptcy stay is a statutory prohibition that tolls the
st... More...
   $0 (01-22-2018 - WA)

Clint Richardson v. State of Indiana Indiana Court of Appeals

On the night of July 28, 2016, Alina Pawchareune was asleep at her rented
house in Indianapolis. She was in a bedroom on the house’s second floor.
When Pawchareune woke up to go to the bathroom, she noted that the light
was on in the hallway, which was unusual. She further noticed a box had been
moved from her bedroom to the hallway. Next, she saw that the door to the
... More...
   $0 (01-21-2018 - IN)

Bruce Frank Ruark v. The State of Texas

A denial of habeas corpus relief is reviewed under an abuse of discretion standard.
Ex parte Wheeler, 203 S.W.3d 317, 324 (Tex. Crim. App. 2006); Hernandez-Prado v. State,
No. 03-15-00290-CR, 2016 WL 3144113, at *4 (Tex. App.—Austin May 26, 2016, no pet.) (mem.
op., not designated for publication). A habeas court abuses its discretion, and the appellate court
will reverse the habe... More...
   $0 (01-20-2018 - TX)

UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

Erotic Service Provider Legal Education and Research Project v. Georg Gascon, etl. Northern District of California Federal Courthouse - San Francisco

Plaintiff-appellant Erotic Service Provider Legal,
Education & Research Project; K.L.E.S.; C.V.; J.B.; and
John Doe (collectively, “ESP”) appeal the district court’s
dismissal of their 42 U.S.C. §1983 action. ESP claims that
Section 647(b) of the California Penal Code, which
criminalizes the commercial exchange of sexual activity,
violates: (1) the Fourteenth Amendment subs... More...
   $0 (01-19-2018 - CA)

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