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Intent Law
 
United States of America v. Lacey Rae Moore

LITTLE ROCK – Lacey Rae Moore, 44, who pleaded guilty to intentionally starting fires at Forest Place Apartments, including one that destroyed an entire building, was sentenced to 16 years in prison and ordered to pay more than $12 million in restitution on Friday.

Today, the Honorable Billy Roy Wilson sentenced Moore to nine years on Count 4 and seven years on Count 7, and then ordered... More...
   $0 (10-10-2014 - AR)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
2
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

United States of America v. Corey A. Moore

After a five-day bench trial, the district court found defendant Corey Moore guilty of, among other things, violating 18 U.S.C. § 924(c) by possessing a firearm “in furtherance of” a crime of drug trafficking. On appeal, Moore challenges the denial of a motion to suppress evidence and the sufficiency of the evidence on the § 924(c) count. As to the Fourth Amendment claim, the motion to suppr... More...   $0 (10-10-2014 - MD)

A.S. v. Smithkline Beecham Corp. d/b/a GlaxoSmithkline

A.S. and Sallee Miller (“Plaintiffs”) filed suit in Pennsylvania state court against GlaxoSmithKline LLC (“GSK”) claiming that its drug, Paxil, caused birth defects. GSK removed the case to the United States District Court for the Eastern District of Pennsylvania. The District Court1 remanded the case, finding that GSK was a citizen of Pennsylvania and therefore ineligible to remove the ca... More...   $0 (10-10-2014 - PA)

Courtney Douglas v. Convergent Outsourcing f/k/a ER Solutions, Inc.

In this case we are asked to decide whether the disclosure of a consumer’s account number on the face of a debt collector’s envelope violates § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Section 1692f(8) limits the language and symbols that a debt collector may place on envelopes it sends to consumers. The District Court held the account number... More...   $0 (10-10-2014 - PA)

Luke Aaron Frazier and Connie C. Frazier v. Richard Goszczynski

Luke Frazier and his mother, Connie Frazier, took real property owned by Richard
Goszczynski without his consent. The scheme the Fraziers contrived to acquire the
property is based on a twisted and distorted view of the law of adverse possession under
color of title. After the Fraziers took possession of the property, the trial court ousted
them by entering a judgment quieting titl... More...
   $0 (10-10-2014 - FL)

State of Oklahoma v. Ronnie Burnett Jones a/k/a Ronnie Roach

Tulsa, OK - The State of America charged Ronnie Burnett Jones a/k/a Ronnie Roach with first degree felony murder, first-degree burglary and robbery with a firearm, shooting with intent to kill, robbery with a firearm and possession of a firearm after former conviction of a felony.

That TIM HARRIS, the duly elected and qualified District Attorney for Tulsa County, Oklahoma, who prosecutes ... More...
   $0 (10-10-2014 - OK)

Mission Petroleum Carriers, Inc. v. David Kelly

Mission Petroleum Carriers, Inc. appeals from the trial court’s denial of its motion to compel arbitration. In a single issue, Mission asserts that David Kelley ratified the arbitration agreement by accepting benefits under the plan, rendering any procedural unconscionability in the formation of the agreement moot. We agree, and we reverse and remand to the trial court for an order compelling th... More...   $0 (10-09-2014 - TX)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

State of Oklahoma v. Jared Alan Higinbotham

Tulsa, OK - The State of Oklahoma charged Jared Alan Higinbotham and Mary McCullough with robbery by force and fear and accessory to attempted robbery.

That TIM HARRIS, the duly elected and qualified District Attorney for Tulsa County,
Oklahoma, who prosecutes in the name and by the authority of The State of Oklahoma, comes now into the District Court of Tulsa County, State of Oklahom... More...
   $0 (10-09-2014 - OK)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

United States of America v. Robert Paladino

Robert Paladino appeals the District Court’s judgment revoking supervised release and imposing a sentence of imprisonment. Because Paladino was denied the right of allocution at sentencing, we vacate and remand to the District Court for resentencing.
3
I.
In June 2004, Appellant Robert Paladino responded to an internet advertisement placed by an undercover federal agent that offered ... More...
   $0 (10-08-2014 - PA)

Paola A. Alvarado-Fernandez v. Matthew Mazoff

Appellee Matthew Mazoff (“Plaintiff”) filed suit against appellant Paola Alvarado-Fernandez (“Defendant”), a Colombian citizen, for personal injuries sustained when Plaintiff’s car was struck by a vehicle driven by Defendant and rented from Alamo.1 Defendant moved to dismiss the case, alleging that (1) Plaintiff failed to strictly comply with two treaties in effect between Colombia and t... More...   $0 (10-08-2014 - FL)

Junior Blackston v. Lloyd Ralph, Jr.

Petitioner Junior Fred Blackston is a
Michigan state prisoner serving a life sentence for murder following his retrial and conviction in
state court. Before the second trial was held, two of the state’s key witnesses recanted their
testimony. Because those witnesses were later determined to be unavailable at the new trial, the
court ordered their earlier testimony read to the jur... More...
   $0 (10-07-2014 - MI)

Cheniere Energy, Inc., Charif Souki, individually, and Greg Rayford, individually v. Azin Lotfi

Azin Lotfi sued her employer, Cheniere Energy, Inc., claiming her employment was wrongfully terminated. She also sued two of her co-workers, Charif Souki and Greg Rayford, for tortious interference with her employment at Cheniere.
In this accelerated appeal, Souki and Rayford challenge the trial court’s denial of their motion to dismiss the claims against them under Chapter 27 of the Civil P... More...
   $0 (10-07-2014 - TX)

Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...
   $0 (10-07-2014 - ID)

United States of America v. Chaval Williams

DENVER, CO – Chaval Williams, age 53, of Centennial, CO, was sentenced last week by U.S. District Court Judge William J. Martinez to serve 74 months in federal prison for wire fraud, identity theft and money laundering federal authorities announced. Following his prison sentence, Williams was ordered to serve 3 years on supervised release. Williams was also ordered by Judge Martinez to pay $76... More...   $0 (10-06-2014 - CO)

United States of America v. Jason Giesy and Evan Woolsey

WICHITA, KAN. - Two men were sentenced Monday to federal prison for marijuana trafficking in the Wichita area, U.S. Attorney Barry Grissom.

Jason Giesy, 31, Augusta, Kan., was sentenced to 87 months in federal prison. He pleaded guilty to one count of aiding and abetting possession of more than 100 kilograms of marijuana.
Evan Woolsey, 28, Wichita, Kan., was sentenced to 72 months in ... More...
   $0 (10-06-2014 - KS)

United States of America v. Cory Ridolfi

The defendant, Corey Ridolfi, was
charged with federal firearms offenses after Cumberland, Rhode
Island police found him at the wheel of a car whose trunk was jampacked
of stolen property, including two shotguns. After hearing
evidence of Ridolfi's involvement in a recent burglary crime spree,
the fruits of which were in the trunk of the car, a jury convicted
him of being a... More...
   $0 (10-06-2014 - RI)

Dorothy McCullum v. Orlando Regional Healthcare System, Inc. d/b/a Arnold Palmer Hospital for Children

It’s often said that the path to perdition is paved with good intentions. It might also be said that sometimes the road to the courthouse is littered with the efforts of well-meaning people who never thought they’d be taking the trip. This is one of those kind of cases.
When he was fourteen years old, D.F. was diagnosed with ulcerative colitis, a serious disease that affects the colon. He ... More...
   $0 (10-03-2014 - FL)

The People v. Marcus Trevelle White

In the underlying action, juries found appellant Dimitri Devon Gales guilty of attempted voluntary manslaughter and shooting at an inhabited dwelling, and appellant Marcus Trevelle White guilty of possession of a firearm by a felon and shooting at an inhabited dwelling. Appellants contend their convictions must be reversed due to the erroneous admission of evidence, insufficiency of the evidence, ... More...   $0 (10-03-2014 - CA)

In re D’ANTHONY D. et al., Persons Coming Under the Juvenile Court Law.

Christian D. (father) appeals from a dispositional order denying his request for custody of his seven-year-old son D’Anthony and five-year-old daughter Dalia, who were removed from their mother’s custody under Welfare and Institutions Code1 section 361. Father contends the juvenile court erred by failing to consider his custody request under section 361.2, which requires the court to place a d... More...   $0 (10-03-2014 - CA)

The People v. Johnny William Vaughn

Former Penal Code section 12072, subdivision (d) (hereafter section 12072(d))1 provides, “Where neither party to [a firearms] transaction holds a dealer’s license issued pursuant to [former] Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to [former] Section 12082.”2 Despite the statutory lan... More...   $0 (10-03-2014 - CA)

In Re: Craig Watkins

Craig Watkins, the elected District Attorney of Dallas County, filed a petition for a writ of mandamus1 in these pending capital murder cases arguing that the trial court improperly ordered a pretrial determination of whether the defendant is intellectually disabled.2 Because we
1 Relator first attempted to file its petition for writ of mandamus in the Texas Court of Criminal Appeals. That cou... More...
   $0 (10-03-2014 - TX)

United States of America v. Sean Deval Warrior a/k/a Sean G

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that SEAN DEVAL WARRIOR a/k/a Sean G, age 33, of Eufaula, Oklahoma, pled guilty to Distribution of Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

Charges arose from an investigation by the District 18 and District 25 Drug and Vi... More...
   $0 (10-03-2014 - )

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