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Independent Contractor Law
 
Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

United States of America ex rel. White v. Orthopaedic and Neuro Imaging, LLC (ONI) District of Delaware Federal Courthouse - Wilmington, Deleware

Wilmington, DE - United States Obtains $16.2 Million Judgment Against MRI Provider For Submitting False Claims

The U.S. District Court for the District of Delaware entered judgment in the amount of $16,223,091.38 against Orthopaedic and Neuro Imaging LLC (ONI) for submitting false claims for Medicare reimbursement. Under the terms of the judgment, ONI’s owner, Richard Pfarr, is jointly a... More...
   $16223091 (02-02-2018 - DE)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

Anthony Knight v. State University of New York at Stony Brook Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff Anthony Knight, an African‐American electrician, sued Defendant
State University of New York at Stony Brook (“Stony Brook”) for discrimination
and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
3
§ 2000e et seq., when it terminated Knight’s employment after he reported racist
graffiti in a bathroom located at his worksite. At t... More...
   $0 (02-01-2018 - NY)

United States of America v. John M. Hairabet, Jr. District of Rhode Island Federal Courthouse - Providence, Rhode Island

Providence, RI - Financial Management Consultant Sentenced for Embezzling Medical Firm & Employee Pension Funds

A former office manager of New England Anesthesiologists, Inc., and president of Anesthesia Management Consultants, LLC, was sentenced on January 29, 2018 to 37 months in federal prison for embezzling more than $700,000 dollars from bank accounts belonging to the medical firm an... More...
   $0 (02-01-2018 - RI)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

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)

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)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

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)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

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)

Leonid Goncharov v. UBER Technologies, Inc.

Plaintiffs Leonid Goncharov, Mohammed Eddine, Alan Freberg, Trevor Johnson,
Peter Kirby, and Jeremy Watt filed a putative class action lawsuit against Uber
Technologies, Inc. (Uber) for providing unlicensed transportation services that
appropriated passengers and income from licensed taxicab drivers. In the second
amended complaint (SAC), plaintiffs alleged Uber failed to comply wi... More...
   $0 (01-30-2018 - CA)

JESSICA MCCAIN v. STATE OF INDIANA Woman allegedly performed sex act on 1-year-old, recorded it on borrowed phone

Jessica McCain, then twenty-three years old, placed her mouth on her one-year-’
penis while bathing him. The incident occurred after McCain had oral sex with her boyfriend. He
left the apartment and sent her text messages that were sexual in nature. ’
McCain recorded the incident with her son on a borrowed cell phone with the intent of sending the
video to the boyfriend. McCai... More...
   $0 (01-28-2018 - IN)

Raeburn Bedford v. John Doe; International Paper Company Federal Courthouse - Fort Smith, Arkansas

Raeburn Bedford is a truck driver who was unfortunately injured after he
opened the door to a trailer he was hauling and a load of boxes fell on him. Bedford
sued International Paper Company, or IP, and a John Doe who worked for IP,
asserting that Doe negligently failed to secure the load and that IP negligently
supervised the loading and inspecting of the trailer and was vicarious... More...
   $0 (01-28-2018 - AR)

The Estate of Chandler J. Barnwell v. Linda Watson, Dr., EdD, Superintendent of the School Board of the Little Rock Independent School District Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After their son tragically committed suicide, the plaintiffs, Michael and Anna
Barnwell, sued the superintendent of their son’s school district, alleging that the
school had discriminated against their son on the basis of disability by failing to
adequately protect him from being bullied by other students. But the district court2
found no evidence to support the Barnwells’ claim, a... More...
   $0 (01-28-2018 - AR)

STATE OF IOWA vs. DONALD DEAN GRIDLEY Fairfield man arrested in 2012 vehicular homicide

Gridley previously appealed his conviction for homicide by vehicle, in
violation of Iowa Code 707.6A(3) (2013). State v. Gridley, No. 14–1773, 2016
WL 5930002, at *1 (Iowa Ct. App. October 12, 2016). This court affirmed the
conviction but remanded the case to the district court in order to apply the correct
weight of the evidence standard on Gridley’s motion for new trial. I... More...
   $0 (01-27-2018 - IA)

United States of America v. Ricky Olson Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

We do not know whether Ricky Olson entered a voluntary and intelligent guilty plea on September 9, 2016, because the district court never asked the right questions. Several weeks earlier, the court had granted Olson’s motion to withdraw his guilty plea and to proceed to trial. But matters did not rest there. Instead, on September 9 the district court brought the motion to withdraw the guilty
2... More...
   $0 (01-27-2018 - WI)

SMS Financial XXIII, LLC v. Cornerstone Title Company

A bank made a business loan that was guaranteed by the principals of the business
and secured by a deed of trust on property the principals owned. Years later, the bank
assigned the note and deed of trust to plaintiff SMS Financial XXIII, LLC (SMS). After
the borrower defaulted on payment, SMS undertook preparations to foreclose on the deed
of trust and in the process discovered th... More...
   $0 (01-27-2018 - CA)

Ricky Lee Smith v. Commissioner of Social Security Eastern District of Kentucky Courthouses

Ricky Lee Smith filed an application for supplemental
security income resulting from disability. A hearing was conducted before an administrative law
judge (“ALJ”). The ALJ issued an unfavorable decision, finding that Smith was not disabled
under the Social Security Act. The notice of decision stated that Smith had sixty days to file a
written appeal with the Appeals Council if he ... More...
   $0 (01-26-2018 - KY)

Ron Devor Barrett v. The State of Texas Texas Twelfth District Court of Appeals

On or about October 16, 2015, Appellant was scheduled to meet Tiffany Pinkerton so that she could return his vehicle to him. Pinkerton had been borrowing the vehicle for several months after Appellant offered the vehicle to Pinkerton for traveling to and from work and taking their son to doctor’s appointments. He later asked her to return the vehicle. When Pinkerton arrived on October 16, she ex... More...   $0 (01-26-2018 - TX)

Julie Peffer and Jesse Peffer v. Mike Stephens Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This appeal requires us to determine the extent of the
Fourth Amendment’s requirements for an affidavit supporting a warrant to search the residence
of an individual suspected of committing a crime involving the use of a computer.
That issue figures prominently in Plaintiffs Julie and Jesse Peffer’s appeal of the district
court’s grant of summary judgment in favor of Defendant Mike... More...
   $0 (01-26-2018 - MI)

United States of America v. Kenneth E. Fairley Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Appellant-Defendant Kenneth Fairley appeals his jury conviction for theft of government property in violation of 18 U.S.C. § 641 (counts two and three) and conspiracy to commit theft of government property in violation of 18 U.S.C. § 371 (count one). Fairley argues that: (1) the indictment, jury instruction, and verdict form all misstated the elements of § 641; (2) the district court erroneously a... More...   $0 (01-25-2018 - MS)

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