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Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Marjo Alberto Lopez Garza v. Citigroup, Inc. District of Delaware Federal Courthouse - Wilmington, Deleware

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action
3
and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award attor... More...
   $0 (02-23-2018 - DE)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

United States of America v. Brett Gessay District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NY - Exeter Man Pleads Guilty to Making False Statements to Obtain Social Security Benefits

Brett Gessay, 55, of Exeter, pleaded guilty in federal court to making a false statement in order to obtain Social Security benefits, announced Acting United States Attorney John J. Farley.

According to public records in the case, Gessay began receiving Social Security... More...
   $0 (02-22-2018 - NH)

United States of America v. Josiah Leach United States District Court for the District of Vermont

Burlington, VT - 19 Year Old Man Accused of Sending Threats to South Burlington High School Students and Faculty Sentenced to Five Year Probationary Term

The Office of the United States Attorney for the District of Vermont announced that Josiah Leach, 19, of South Burlington, Vermont, appeared today before the Honorable Geoffrey W. Crawford for sentencing. Leach previously pled guilty to ... More...
   $0 (02-22-2018 - VT)

United States of America v. Eric Davis Southern District of Alabama Federal Courthouse - Mobile, Alabama

Mobile, AL - Monroe County Resident Sentenced to Nine Years in Child Exploitation Case

United States District Judge William H. Steele sentenced Eric Davis, 39, of Monroeville, Alabama, to 108 months imprisonment for coercion and enticement of a minor. As part of the sentence, the judge ordered that Davis pay a $100 special assessment and receive a life term of supervised release upon rel... More...
   $0 (02-21-2018 - AL)

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)

United States of America v. Nicholas Tedesco District of New Jersey Federal Courthouses

Camden, NJ - Atlantic County Man Admits Health Care Fraud Conspiracy Targeting State Health Benefits Programs

A retail director for a local candy company today admitted defrauding New Jersey state health benefits programs and other insurers out of over $2 million by submitting fraudulent claims for medically unnecessary prescriptions, U.S. Attorney Craig Carpenito and New Jersey Attorney ... More...
   $0 (02-20-2018 - NJ)

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 - )

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

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)

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)

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 - )

United States of America v. Mark Cowden Northern District of West Virginia Federal Courthouse - Wheeling, West Virginia

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...   $0 (02-16-2018 - WV)

United States of America v. Nakia Palmer and Nathaniel Palmer Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Montgomery, AL - Social Security Administration Employee and Husband Convicted in Public Benefit Fraud Scheme

On Thursday, February 15, 2018, a federal jury found two Montgomery residents guilty of fraud and witness tampering, announced United States Attorney Louis V. Franklin, Sr. The two defendants were Nakia Palmer, 35, a former employee of the Social Security Administration, and her... More...
   $0 (02-16-2018 - AL)

Alejandro Moreno v. Nancy Berryhill Northern District of Illinois Courthouse - Chicago, Illinois

Alejandro Moreno appeals the order of the
district court upholding the Social Security Administration’s
denial of his applications for Supplemental Security Income
and Disability Insurance Benefits. Mr. Moreno contends that,
among other shortcomings in the Administrative Law Judge’s
(“ALJ”) determination, he improperly relied on an outdated
mental-health assessment and fail... More...
   $0 (02-16-2018 - IL)

State of New York v. Yury Baumblit and Rimma Baumblit Supreme Criminal Courthouse - Brooklyn, New York

Brooklyn, NY - Jury Convicts Slum Lord of Medicaid Fraud

The State of New York charged Yury Baumblit and Rimma Baumblit with:

PL 155.35 00
**TOP CHARGE** D Felony, 1 count, Not an arrest charge, Not an arraignment charge
Description Grand Larceny 3rd Degree
Indictment Count 4
Date Added 02/14/2018
Pled Guilty
PL 470.15 01 C Felony, 1 count, Arrest char... More...
   $0 (02-16-2018 - NY)

United States of America v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Honolulu, HI - Justice Department Reaches Settlement with the City and County of Honolulu and All Island Automotive Towing for Illegally Auctioning Servicemembers’ Cars

The Justice Department today announced it has reached an agreement with the City and County of Honolulu, Hawaii (Honolulu or the City) and its contracted towing company, All Island Automotive Towing (All Island Towing), to... More...
   $0 (02-16-2018 - HI)

Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

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

Tampa, FL - Former Social Security Administration Employee Pleads Guitly To Theft Of Government Money

Vasty Araceli Jimenez (32, Ellenton) pleaded guilty on February 13, 2018 to theft of government money. She faces a maximum penalty of 10 years in federal prison.

According to the plea agreement, between 2011 and 2014, Jimenez applied for child care subsidies for her children t... More...
   $0 (02-15-2018 - FL)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
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judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
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BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender Supreme Court of Appeals of West Virginia - Charleston, West Virginia

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...   $0 (02-14-2018 - WV)

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