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Intervening Cause Law
 
UNITED STATES OF AMERICA v. KENDALL ROSE, IKE WEEMS, a/k/a True, ANTHONY SABETTA, ALBERTO RODRÍGUEZ

We begin with an overview of this case's factual and procedural background, which also gives us the opportunity to review the law that is in play here. A. The facts relevant to this appeal are straightforward and uncontested. All of the Defendants were convicted of violating 18 U.S.C. § 922(g), which forbids from possessing firearms individuals who have been convicted of crimes that are ... More...   $0 (07-21-2018 - RI)

UNITED STATES OF AMERICA v. DAVID A. FRATES

Appellant David Frates pleaded guilty to one count of federal armed bank robbery, in violation of 18 U.S.C. § 2113(a) & (d). At his sentencing hearing, the district court applied the United States Sentencing Guidelines' career offender enhancement, increasing Frates's guideline sentencing range to 188-235 months' imprisonment. The court varied downward and sentenced Frates to 132 months' ... More...   $0 (07-21-2018 - MA)

Jesus Lazaro Collar v. Abalux, Inc. and Juan D. Cabral United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Jesus Collar appeals the summary judgment in favor of his former employer, Abalux, Inc., and its owner, Juan Cabral, and against Collar’s complaint for unpaid overtime compensation under the Fair Labor Standards Act. See 29 U.S.C. § 207(a). The district court ruled that Collar’s employment in 2015 was not covered under the Act because Abalux had less than $500,000 in annual gross sales. See id. § ... More...   $0 (07-21-2018 - FL)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

STATE OF IOWA vs. DAKOTA M. POLAND

The events giving rise to Poland’s convictions occurred on March 10, 2016,
at the home where Poland lived with his parents and three younger sisters.
Poland, then twenty years old, was dating L.R., who was sixteen years old. L.R.
had been staying at the home for approximately one week but decided to leave
because Poland was drinking vodka. L.R. did not like being around Pola... More...
   $0 (07-08-2018 - IA)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

Chuck Close v. Sotheby's Inc. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The California Resale Royalties Act (“CRRA”) grants
artists an unwaivable right to 5% of the proceeds on any
resale of their artwork under specified circumstances. To that
end, the CRRA requires the seller of the artwork or the
seller’s agent to withhold 5% of the resale price and pay it to
the artist or, if the artist cannot be found, to the California
Arts Council. If the... More...
   $0 (07-06-2018 - CA)

STATE OF KANSAS v. TERRY D. MCINTYRE

In 2000, a jury convicted Terry McIntyre of rape, aggravated kidnapping, aggravated criminal sodomy, kidnapping, and aggravated robbery. The district court found that McIntyre had a criminal history score of B, based in part on his pre-1993 Missouri convictions of robbery and exhibiting a deadly weapon, scored as person felonies for criminal history purposes. The district court sentenced McIntyre ... More...   $0 (07-06-2018 - KS)

STATE OF KANSAS v. MATTHEW D. WILSON

The underlying facts are not disputed. As this court recited in Wilson's first appeal:

"Dustin Ferguson and Joel Solano lived in an apartment directly across the hall from Wilson. Sometime around 2 a.m. on April 7, 2013, Ferguson returned to the apartment with Michael Lowery, Alexya Mailea, and Christine Kim after a night out in Aggieville. Around 4 a.m., Ferguson and his three guest... More...
   $0 (07-06-2018 - KS)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Marion County Courthouse - Salem, Oregon

Petitioner seeks judicial review after the Land Use Board of Appeals (LUBA) denied her motion to intervene in an appeal of the City of Eugene’s approval of a development application. LUBA ruled that petitioner had not “appeared” before the city during the proceedings on the application and therefore was not entitled to intervene before LUBA. See ORS 197.830(7)(b) (limiting “[p]ersons who may inter... More...   $0 (07-05-2018 - OR)

Bill H. Dominguez v. Yahoo, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Appellant Bill Dominguez sued Yahoo!, Inc., alleging
that Yahoo violated the Telephone Consumer Protection Act
(TCPA)1 by sending him thousands of unsolicited text
messages. Dominguez now returns to this Court for the
second time appealing the District Court’s grant of summary
judgment in favor of Yahoo. For the reasons stated below,
we will affirm.

I.

The... More...
   $0 (07-03-2018 - PA)

United States of America v. Jose Luis Morales United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Congress has decided that a gun in the hands of a convicted felon is not just bad, but bad enough to be a crime. That legislative decision, coupled with his own bad conduct, proved to have bad consequences for Jose Luis Morales in the form of more than 15 years imprisonment. In this appeal he makes a number of arguments against his conviction and sentence, none of which are good, at least not good... More...   $0 (07-02-2018 - FL)

Arnulfo Jose Castillo v. The State of Texas

On the day of the offense, Appellant, a woman, and a child went to a Walmart in Sweetwater. Benjamin Alexander, who was employed by Walmart as an “asset protection associate” at the time, saw Appellant and the woman grab multiple items from the laundry detergent aisle, specifically “Tide Pod packs” and “dryer bead[s].” Alexander then followed them through the store. In another part of the sto... More...   $0 (06-30-2018 - TX)

Xlear, Inc. v. Focus Nutrition, LLC District of Utah Federal Courthouse - Salt Lake City, Utah

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling
sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade
2
dress infringement claim under the Lanham Act, a claim under the Utah Truth in
Advertising Act (UTIAA), and a claim under the common law for unfair competition.
The claims all alleged that Focus Nutrition copied the pa... More...
   $0 (06-30-2018 - UT)

DANNY E. BEAUCLAIR v. STATE OF KANSAS

This appeal addresses current law on whether a criminal defendant's claim of actual innocence excuses procedural defaults that would otherwise bar litigation of motions filed under K.S.A. 60-1507.

Defendant Danny E. Beauclair pleaded no contest in 2001 to one count of rape of a child under 14 years of age and one count of aggravated criminal sodomy of a child under 14 years of age. Aft... More...
   $0 (06-28-2018 - KS)

Kevin R. Carmody v. Board of Trustees of the University of Illinois, et al. Federal Courthouse - Champaign, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The University of Illinois fired plaintiff Kevin Carmody from his job as an information tech-nology manager after printed copies of a professor’s privi-leged emails suspiciously ended up in Carmody’s home newspaper box. The emails allegedly exposed inconsistencies in the professor’s testimony in a separate lawsuit that Car-mody was pursuing against a different professor. The univer-
2 No. 16-1... More...
   $0 (06-27-2018 - IL)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

United States of America v. Frank Susany, Jr. Federal Courthouse - Youngstown, Ohio

Frank Susany, Jr. pled guilty to one count of
conspiracy to knowingly receive and transport explosive materials, in violation of 18 U.S.C.
§§ 371, 842(a)(3)(A), and 844(a). The district court granted a three-level downward variance
from Susany’s advisory Guidelines range and imposed a sentence of 21 months of imprisonment,
followed by a two year period of supervised release. Susany... More...
   $0 (06-26-2018 - OH)

OKLAHOMA'S CHILDREN, OUR FUTURE, INC. v. COBURN Oklahoma Supreme Court

On May 1, 2018, Respondents/Proponents Dr. Tom Coburn, Brooke McGowan, and Ronda Vuillemont-Smith (collectively, Proponents) timely filed Referendum Petition No. 25, State Question No. 799 (the petition) with the Oklahoma Secretary of State. The petition seeks to refer HB 1010xx, passed by the 56th Legislature of the State of Oklahoma during its second special session, to the people of Oklahoma fo... More...   $0 (06-24-2018 - OK)

United States of America v. Lee Boyd Malvo v. Randall Mathena, Chief Warden, Red Onion State Prison Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

In Virginia in 2004, a defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder based on homicides that he committed in 2002 when he was 17 years old, i... More...   $0 (06-24-2018 - VA)

UNITED STATES OF AMERICA v. FRANK MICHAEL SUSANY, JR UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Between February and April 2013, Susany entered into a conspiracy with Robert Courtney and James Quinn to obtain explosives that would be used to crack safes at jewelry stores and coin shops. The trio planned to obtain funds to finance their initial purchase of explosives by breaking into jewelry stores and coin shops to steal valuable items. On February 13, 2013, Susany and Quinn met with a con... More...   $0 (06-22-2018 - OH)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

Lois Davis v. Fort Bend County Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Once again Lois Davis appeals the district court’s dismissal of her
lawsuit against her former employer, Fort Bend County. We previously
reversed and remanded, and we do so again today.
I.
Lois Davis was an information technology supervisor for Fort Bend
County. Davis filed a complaint with Fort Bend’s Human Resources
Department alleging that the information technology dire... More...
   $0 (06-20-2018 - TX)

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