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Interlocutory Appeal Law
 
United States of America v. DAniel Colby, Jr.

Following a two-day jury trial,
Defendant Daniel Colby, Jr. was convicted of a single count of
possession of a firearm by a prohibited person in violation of 18
U.S.C. § 922(g)(1). In calculating Colby's sentence, the district
court applied a two-level enhancement for possession of a stolen
gun, a four-level enhancement for using a gun in connection with
another felony, and... More...
   $0 (02-22-2018 - ME)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Save Lafayette v. City of Lafayette

Appellants Save Lafayette and Michael Griffiths appeal the trial court’s denial of
their petition for a peremptory writ of mandate requiring respondent City of Lafayette
(the City) to submit appellants’ referendum to a public vote. The City amended its
general plan to allow for a residential development in an area formerly designated as
administrative and office space. After the ti... More...
   $0 (02-22-2018 - CA)

Michael Dasher v. RBC Bank (USA), d/b/a RBC Bank Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Defendant RBC Bank (USA) (“RBC”) appeals the district court’s denial of a motion to compel arbitration. We affirm, albeit for reasons different than those cited by the district court.

I.

Michael Dasher held a checking account with RBC and used a debit card for that account. Dasher asserts RBC failed to properly warn him of possible overdrafts at points of sale when he used his de... More...
   $0 (02-21-2018 - )

Linda Stout, et al. v. Jefferson County Board of Education Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal requires that we revisit the decades-old task of school desegregation. A racial desegregation order issued in 1971 still governs the Jefferson County Board of Education in Alabama. But beginning in 2012, residents of the City of Gardendale, a predominantly white community in Jefferson County, sought to create a separate, municipal school system. Leaders of a grassroots movement used so... More...   $0 (02-21-2018 - )

United States of America v. Edwin Deshazior Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Edwin Deshazior appeals his 180 month sentence following his conviction for being a felon in possession of a firearm. He argues that he should not have received a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. §§ 924(e)(1) and 924(e)(2)(B), because he did not have three prior convictions for violent felonies under the act and because his prior felon... More...   $0 (02-21-2018 - FL)

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...
   $0 (02-21-2018 - CA)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

United States of America v. Armando Angeles District of Kansas Federal Courthouse - Wichita, Kansas

Armando Angeles appeals the denial of his motion to suppress evidence found in
his vehicle after a traffic stop. He argues the stop violated the Fourth Amendment.
Exercising jurisdiction under 28 U.S.C. § 1291, we conclude the stop was valid because it
was based on reasonable suspicion of a traffic offense. We therefore affirm.
* This order and judgment is not binding precedent, ex... More...
   $0 (02-20-2018 - KS)

Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.
FACT... More...
   $0 (02-20-2018 - CA)

Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati... More...
   $0 (02-19-2018 - WA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Medical Recovery Services, LLC v. Robert Lopez Idaho Supreme Court - Boise, Idaho

Medical Recovery Services, LLC (“MRS”) appeals a district court’s judgment denying its request for postjudgment attorney fees on an appeal. The dispute arose after MRS attempted to collect a debt owed by Robert Lopez (“Lopez”). The magistrate court entered a default judgment and awarded attorney fees to MRS. MRS continued to incur attorney fees while attempting to collect on the default judgment a... More...   $0 (02-19-2018 - ID)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Amie Wieland v. Owner-Operator Services, Inc. Jackson County Courthouse - Kansas City, Missouri

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc... More...
   $0 (02-18-2018 - MO)

Estate of Leon Walker, Jr. v. Building Inspector Hershell Wallace Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

One morning, a SWAT team raided a St. Louis house in which the plaintiffs
lived to execute a search warrant. According to the warrant affidavit, a detective
suspected that the house contained heroin, illegal firearms, and drug-trafficking
paraphernalia. The team knocked on the door, yelled "police," and quickly began
striking the door with a battering ram. The team also tossed a "f... More...
   $0 (02-18-2018 - MO)

Aldridge Winfrey v. City of Forrest City, et al. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

It is well-settled that the “plaintiff is the master of [his] complaint.” Holmes
Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002) (internal
quotation marks omitted). Here, plaintiff Aldridge Winfrey charges in his complaint
that he was terminated by the Forrest City, Arkansas Police Department
(“Department”) as “retaliat[ion] . . . for exercising his right... More...
   $0 (02-18-2018 - AR)

Mike Hernandez, Francesca Muller v. Restoration Hardware, Inc.

Under Code of Civil Procedure1 section 902, “[a]ny party aggrieved” may
appeal a judgment. “It is generally held, however, that only parties of record may
appeal; consequently one who is denied the right to intervene in an action
ordinarily may not appeal from a judgment subsequently entered in the case.
[Citations.] Instead, he may appeal from the order denying intervention.” (Cou... More...
   $0 (02-18-2018 - )

Dariusz Jaworski, Boguslaw Moskal and Ryszard Bester v. Master Hand Contractors, Inc., et al. Northern District of Illinois Courthouse - Chicago, Illinois

Dariusz Jaworski, Boguslaw Moskal, and Ryszard Bester were never paid for construction services they performed for Master Hand Contractors, Inc. They filed this lawsuit to force Master Hand to pay up. The district court sided with the plaintiffs through two partial summary
2 No. 16-3601
judgments and a bench trial. Liability in the neighborhood of
$340,000 now hangs over Master Hand’s ... More...
   $0 (02-17-2018 - IL)

Darrell Chissoe v. Ryan Zinke Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Paul Chissoe applied to transfer restricted Indian land he owned (the Property)
to the Bureau of Indian Affairs (BIA) in trust. When Mr. Chissoe died, the BIA
Superintendent of the Okmulgee Agency (Superintendent) terminated his application.
His son, Plaintiff Darrell Chissoe, asked the Superintendent to reinstate the
2
application and to complete the transfer.1 The Superintend... More...
   $0 (02-16-2018 - OK)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

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