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Intent Law
 
Francie Willis v. BPMT, LLC

Appellee BPMT, LLC sued Urban Retreat of Houston, Inc. for damages pursuant to the breach of a lease agreement. Because Urban Retreat’s corporate privileges were forfeited for failure to pay franchise taxes, BPMT also sued appellant Francie Willis in her capacity as a corporate officer of the
2
company, seeking to hold her personally liable for part of the debt. See TEX. TAX CODE § 171.255... More...
   $0 (07-24-2015 - TX)

Robert Blake Dumler v. Kansas Dept. of Revenue

Robert Blake Dumler challenges the administrative suspension of his driving privileges based on driving under the influence of alcohol. Dumler contends he was denied his statutory right under K.S.A. 2009 Supp. 8-1001(k)(10) to consult with an attorney after he completed a breath alcohol test. The district court and Court of Appeals affirmed Dumler's administrative suspension after concluding that ... More...   $0 (07-24-2015 - KS)

NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se... More...   $0 (07-24-2015 - NE)

Theresia Renee Breen f/k/a Theresia Renee Black v. Jamie Lee Black

Breen and Black divorced in late 2008. Breen received primary custody of the couple’s four daughters, subject to Black’s liberal visitation rights. He was to pay support and provide medical insurance for the girls, and he was also to pay any deductibles required by the insurance policy. The decree required Breen and Black to split any medical costs remainingafter deductibles were paid and the i... More...   $0 (07-24-2015 - WY)

James G. Woudenberg v. United States Depart of Agriculture

According to Department of Agriculture regulations promulgated under the federal Animal Welfare Act (with certain exceptions not applicable here), persons who are in the business of buying and selling dogs and cats may not obtain dogs or cats from an individual donor “who did not breed and raise them on his or her premises.” 9 C.F.R. §§ 1.1 and 2.132(a). Another provision requires a dealer in su... More...   $0 (07-24-2015 - MI)

United States of America v. Victor Corral, Jr.

TUCSON, AZ – Victor Corral, Jr., 36, of Tucson, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to 235 months’ imprisonment. Corral previously pleaded guilty to conspiracy to possess with intent to distribute heroin (greater than 90 kilograms) and conspiracy to launder monetary instruments.

A joint state and federal task force investigation into a Mexican based... More...
   $0 (07-24-2015 - AZ)

TRYSHATEL MCCARDEL v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Hurricane Ike made landfall over Galveston Island in September 2008 and wrought widespread devastation on the region. Among the ruins were 569 public housing units comprising four sites located in impoverished areas of Galveston County. This case centers on a plan to replace those units in part by redeveloping on two of the sites destroyed by Ike. We address questions concerning the scope of stand... More...   $0 (07-24-2015 - TX)

United States of America v. Jasmine Bonner

HOUSTON, TX – Former HPD Officer Guilty of Aiding and Abetting Possession with the Intent to Distribute Cocaine

Jasmine Bonner, 27, a former officer with the Houston Police Department (HPD), was convicted of aiding and abetting possession with the intent to distribute cocaine. Bonner is the final of eight defendants now convicted on charges stemming from a seven-count narcotics conspiracy... More...
   $0 (07-24-2015 - TX)

United States of America v. Tracy McWhorter

Wheeling, WV - Ohio County woman sentenced for heroin trafficking

Tracy McWhorter, 35, of Triadelphia, West Virginia, was sentenced in federal court today for heroin trafficking.

McWhorter pled guilty in June 2015 to a criminal Information charging her with one count of “Possession with Intent to Distribute Heroin.” At that time, she further admitted to violations during a period... More...
   $0 (07-23-2015 - WV)

United States of America v. Wossen Assaye

Alexandria, VA - Prisoner Who Escaped from Custody at Virginia Hospital Pleads Guilty to Firearms Charges in Connection With Assaults on Guards - Arlington man was in custody on bank robbery charges when he escaped

Wossen Assaye, 43, of Arlington, Virginia, pleaded guilty to two counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence, with both... More...
   $0 (07-23-2015 - VA)

Rory Dolan v. William J. Connolly

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(... More...
   $0 (07-23-2015 - NY)

United States of America v. Charles H. Foster

Honolulu, HI - Moiliili Resident Sentenced To 25 Years In Prison For Distributing Methamphetamine And Cocaine

United States District Judge Derrick K. Watson sentenced Charles H. Foster, age 33, to 304 months in prison on July 21 (Tuesday) for conspiring to possess with intent to distribute methamphetamine and cocaine from approximately September 2012 to February 2013. A jury had convicted... More...
   $0 (07-23-2015 - HI)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

In the Interest of D. L. D., Jr., L. L.S., J. J. S., H. N. S., children v. Department of Family and Protective Services

Following a bench trial, the trial court signed a judgment terminating the parent–child relationship between J.T.D. (“Mother”) and her four minor children:
2
D.L.D., L.L.S., J.J.S. and H.N.S.1 On appeal, Mother presents two issues. She claims that the evidence was not legally or factually sufficient to support the trial court’s judgment, and she alleges that the trial court engaged in misc... More...
   $0 (07-23-2015 - TX)

Toby Paul Couchman and Pro-Surv v. Elizabeth Cardona

Appellee, Elizabeth Cardona, filed suit against appellants, Toby Paul Couchman and Pro-Surv, for damages based on an allegedly incorrect land survey. Couchman and Pro-Surv filed a motion to dismiss based on Cardona’s failure to file a certificate of merit with her petition. Cardona nonsuited her claims against
2
Couchman and Pro-Surv and later filed the underlying suit based on the same un... More...
   $0 (07-23-2015 - TX)

United States of America v. Ronen Nahmani

Miami, FL - Ronen Nahmani, 41, of Aventura, Florida was convicted by a jury of conspiracy to possess with intent to distribute controlled substances and controlled substance analogues, namely, synthetic cannabinoids, in violation of Title 21, United States Code, Section 846. Nahmani is scheduled to be sentenced before Chief Judge Michael Moore on October 8, 2015 at 2:00 p.m.

Like all oth... More...
   $0 (07-23-2015 - FL)

Laurent v. PricewaterhouseCoopers LLP

The Employee Retirement Income Security Act of 1974 (“ERISA”), as
amended 29 U.S.C. § 1001 et seq., protects retirement benefits that have accrued
over the course of an employee’s tenure until that employee reaches normal
retirement age. The question in this case is how much leeway retirement plan
sponsors have to define what “normal retirement age” is, in order to avoid
payin... More...
   $0 (07-23-2015 - )

Dolan v. Connolly, et al

We draw the following facts, which we assume “to be true for purposes of 13  
our de novo review of the district court’s grant of defendants’ motion to dismiss,” 14  
from the plaintiff’s complaint. See Ricci v. Teamsters Union Local 456, 781 F.3d 25, 15  
26 (2d Cir. 2015). 16  
Dolan served as an ILC representative at Fishkill for two terms. On the ILC 17  
Dolan advocated “f... More...
   $0 (07-23-2015 - )

Barry and Patricia Ford vs. Branch Bank and Trust Co.

NRCP 60(b)(5) allows the district court to set aside a judgment
when, in material part, "a prior judgment upon which it is based has been
reversed or otherwise vacated, or it is no longer equitable that an
injunction should have prospective application." Here, we are asked to
determine whether new or changed precedent from this court justifies
NRCP 60(b)(5) relief. We conc... More...
   $0 (07-23-2015 - NV)

Ed Rutledge v. Hewlett-Packard Company

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga... More...   $0 (07-23-2015 - CA)

Peacock Hospitality, Inc. d/b/a Holiday Inn Express-Burnet v. Bipin Patel; Mahadev, LLC; and FDIC

Although this appeal originally arose from two summary judgments, one in favor of the appellees Bipin Patel and Mahadev, LLC and the other in favor of First National Bank, N.A., we previously dismissed the appeal of the summary judgment in favor of First National Bank, N.A.1 See Peacock Hospitality, Inc. v. Patel, No. 04-13-00278-CV, 2014 WL 7340520 (Tex. App.—San Antonio Dec. 23, 2014, no pet.). ... More...   $0 (07-22-2015 - TX)

United States of America v. Lauro Puentes-Hurtado

When he pled guilty to narcotics and money laundering conspiracy charges, Lauro Puentes-Hurtado signed a plea agreement which contained a “limited” appeal waiver. That waiver prohibited Mr. Puentes-Hurtado from appealing or collaterally attacking his conviction and sentence “on any ground,” unless the government appealed or the sentence was based on an upward departure or variance. See D.E. 338 at... More...   $0 (07-22-2015 - GA)

State of Idaho v. Coeru d'Alene Tribe

The Coeur d’Alene Tribe (“Tribe”) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Hold’em (“Hold’em”) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (“Compact”). We affirm because the Indian
Gaming Regulatory Act (“IGRA”) severed tribal immun... More...
   $0 (07-22-2015 - ID)

Natasha DAvis v. Bomdardier Transportation Holdings (USA), Inc.

Plaintiff‐Appellant Natasha Davis brought claims of disability‐based
employment discrimination and retaliation against her former employer,
Defendant‐Appellee Bombardier Transportation Holdings (USA) Inc.
(“Bombardier”). The United States District Court for the Eastern District of New
York (Mauskopf, J.) granted Bombardier’s motion for summary judgment,
findin... More...
   $0 (07-22-2015 - NY)

Tamco Pork II v. Heatland Co-Op and PRo Build, LLC

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...
   $0 (07-22-2015 - IA)

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