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Misrepresentation Law
 
Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

United States of America v. Carlos Rafael Acosta-Joaquin

Carlos Rafael Acosta-Joaquin
("Acosta"), who appeals from his conviction for fraudulent use of
a social security number not his own, is a Dominican citizen. He
entered the United States illegally sometime in 2005 or 2006, has
remained ever since and early adopted the name of a U.S. citizen
named Kelvin Valle-Alicea ("Valle"). Following a four-count
indictment,1 a jury convi... More...
   $0 (07-11-2018 - ME)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-07-2018 - CA)

UNITED STATES OF AMERICA v. CARLOS RAFAEL ACOSTA-JOAQUIN United States Court of Appeals for the First Circuit. The First Circuit

Carlos Rafael Acosta-Joaquin ("Acosta"), who appeals from his conviction for fraudulent use of a social security number not his own, is a Dominican citizen. He entered the United States illegally sometime in 2005 or 2006, has remained ever since and early adopted the name of a U.S. citizen named Kelvin Valle-Alicea ("Valle"). Following a four-count indictment,1 a jury convicted Acosta in ... More...   $0 (07-05-2018 - ME)

STATE OF NEW JERSEY v. EMAN HASSENBEY, a/k/a EMOND HASSENBAY, AMAN A. HASSENBEY, and EMAN A. HASSENBEY

After a judge denied his motion to suppress evidence seized during a warrantless search (Indictment No. 15-03-0237), and his pretrial motions, including an application for a Franks1 hearing, on a second set of charges (Indictment No. 15-06-0448), defendant Eman Hassenbey entered into a plea agreement with the State. In exchange for his guilty pleas to one count of the first indictment, thir... More...   $0 (07-05-2018 - NJ)

Kevon George vs. The State of Florida

The defendant was charged with and convicted of: the first-degree murder
of Steven Velez (“Velez”) committed with a deadly weapon and with a
premeditated design and/or while engaged in the perpetration of a robbery and/or a
kidnapping (Count I); the kidnapping of Jose Manuel Martinez (“Martinez”) with a
firearm (Count II); the attempted armed robbery of Velez (Count III); fals... More...
   $0 (07-05-2018 - FL)

United States of America v. Amie Nicole VanCamp Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

Charleston, WV - Parkersburg Woman Pleads Guilty to Obtaining Hydrocodone by Fraud

A Parkersburg woman pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Amie Nicole VanCamp, 36, entered her guilty plea to obtaining a controlled substance by misrepresentation, fraud, forgery, deception and subterfuge. U.S. Attorney Stuart commended the investigative... More...
   $0 (07-04-2018 - WV)

Alan Clukey v. Town of Camden District of Maine Federal Courthouse - Bangor, Maine

In 2007, the Town of Camden,
Maine moved its police department's dispatch operations to the
Knox County Sheriff's Department in the Town of Rockland. As a
result, Camden laid off its three police dispatchers, including
Plaintiff Alan Clukey who had been working as a Camden Police
Department dispatcher for 31 years. Clukey sued Camden in 2011
pursuant to 42 U.S.C. § 1983, cl... More...
   $0 (07-02-2018 - ME)

Martin Vogel v. Harbor Plaza Center, LLC Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In this action brought under the Americans with
Disabilities Act of 1990 (“ADA”), Plaintiff Martin Vogel
timely appeals the district court’s award of $600 in attorney’s
fees following the entry of a default judgment. Defendant
Harbor Plaza Center, LLC, originally filed an answer and
took other actions but, before trial, failed to appear. The
district court eventually struck... More...
   $0 (06-29-2018 - CA)

JOSEPH WAYNE SMITH v. STATE OF FLORIDA FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

On January 13, 2016, Appellant was charged by information with Felony Petit Theft and pled nolo contendere. At his plea hearing on August 24, 2016, Appellant told the court that he understood that by pleading straight up, he did not know what his sentence would be. Appellant stated that he understood he was charged with six counts of felony theft, and he understood each of the charges. He under... More...   $0 (06-27-2018 - FL)

STATE OF OHIO - vs - ANTONIO DELSHAWN BAUGH .

On June 30, 2015, Baugh entered a plea of guilty to Trafficking in Cocaine
(Count 1) and Possession of Cocaine (Count 2), both counts having forfeiture
specifications.
{¶3} With respect to Trafficking and Possession, the signed plea agreement
provided:
I further understand the consequences of entering this plea, including the penalties, which can be from:

Mandat... More...
   $0 (06-26-2018 - OH)

Marco McCain v. The State of Texas

In March 2016, a grand jury indicted McCain with aggravated assault. In
the indictment, the State alleged that he had caused serious bodily injury to
Lacy—a member of his household or a person with whom he had a dating
relationship—by striking her with his hand. The State also alleged that during the
assault, McCain had used his hand as a deadly weapon.
Through his ini... More...
   $0 (06-24-2018 - TX)

United States of America v. Gervais (Ken) Ngombwa Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

Robert Furlough v. Trustee Lowell T. Cage Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In bankruptcy litigation, the mishmash of multiple parties and multiple claims can render things labyrinthine, to say the least. To dissuade umpteen appeals raising umpteen issues, courts impose a stringent-yet-prudent standing requirement: Only those directly, adversely, and financially impacted by a bankruptcy order may appeal it.
This appeal is from a bankruptcy court order approving a trus... More...
   $0 (06-20-2018 - TX)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

R.W. DISTRIBUTORS, INC. V. TEXARKANA TRACTOR COMPANY

R.W. is a wholesale distributor of riding lawnmowers, and it supplied Texarkana
Tractor with “Exmark mowers” to sell in its stores. On April 26, 2016, Texarkana Tractor
filed suit against R.W. Texarkana Tractor’s complaint asserted in part as follows:

6. Plaintiff obtained a number of mowers from the Defendant for sale in its facilities in Pulaski County and Polk County, Arkan... More...
   $0 (06-18-2018 - AR)

Jyll Brink v. Raymond James & Associates, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Jyll Brink appeals the district court’s dismissal of her putative class action
complaint. She argues that the district court erred in determining that her state law
claims for negligence and breach of contract against Raymond James and
Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation
Uniform Standards Act of 1998 (“SLUSA”), which prohibits class ac... More...
   $0 (06-11-2018 - FL)

JAMES WILLIAM MOCK, III v. STATE OF FLORIDA

The appellant, James William Mock, III, argues that the trial court violated the principles of double jeopardy when it resentenced him on three counts to fifteen years in prison when it previously sentenced him to ten years in prison on those counts. Based on the written terms of the plea agreement, the representations made by the State and defense during the presentation of the plea agreement, an... More...   $0 (06-10-2018 - FL)

State of Tennessee v. Wesley Lynn Hatmaker

On May 11, 2017, the Defendant pled guilty to two counts of theft of property valued between $10,000 and $60,000, and four counts of theft of property valued between $60,000 and $250,000. As a part of the open plea, the State dismissed Count 7 of the indictment and the trial court determined the length and manner of service of the sentence.
At the guilty plea hearing, the Defendant stipulated... More...
   $0 (06-10-2018 - TN)

STATE OF OHIO vs. MARVIN FISHER

On the evening of January 1, 2017, the Cleveland Fire Department (“CFD”)
responded to a fire at an apartment complex, in which ten adults and one infant lived. The fire
began in a courtyard outside the back door of Fisher’s unit and an unoccupied neighboring unit.
After CFD extinguished the fire, Battalion Chief Eric Burchak observed signs of arson. He also
noticed ... More...
   $0 (06-09-2018 - OH)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

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