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Mitigation Law
 
Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

Dennis D. Patterson, III v. State of Indiana Muncie man found not guilty of rape, jury deadlocked on strangulation charge

During the early part of December of 2016, Patterson and K.M. became friends
via Facebook. On Saturday, December 10, 2016, K.M. visited Patterson’s
home. Once at Patterson’s home, K.M. and Patterson talked and drank
alcoholic beverages. At some point, they walked to a nearby Village Pantry
where Patterson purchased himself cigarillos and a pack of cigarettes for K.M.
A... More...
   $0 (01-21-2018 - IN)

STATE OF KANSAS v. GLENN MANNING

On April 13, 2016, Officer Adam Jackson of the Clay Center Police Department accompanied state Parole Officer Daniel Hrabe to Manning's residence to perform a home check. During the check, Hrabe located a substance suspected to be methamphetamine. Manning then gave Jackson permission to search most of the house, with the exception of one room which belonged to his roommate. The search produced add... More...   $0 (01-20-2018 - KS)

State of Tennessee v. Brandon Christopher Scott Third person pleads guilty in shooting of boy

In May 2015, the Davidson County Grand Jury indicted the Defendant on three counts each of attempted first degree murder, employment of a firearm during the
commission of a dangerous felony (with a previous dangerous felony conviction), and reckless endangerment. See Tenn. Code Ann. §§ 39-11-106, -12-101, -13-103, -13-202, 17-1324. The Defendant was charged along with three co-defendants—Ja... More...
   $0 (01-18-2018 - TN)

STATE OF OHIO - vs - CHRISTY LYNN WARWICK

In May 2016, appellant was arrested and indicted on one count of endangering
children in violation of R.C. 2919.22(A), a felony of the third degree, and one count of
involuntary manslaughter in violation of R.C. 2903.04(A), a felony of the first degree. The
charges arose out of the death of appellant's infant son, Sylas, who was 21 months old at the
time of his death on Decemb... More...
   $0 (01-18-2018 - OH)

United States of America v. John Kelsey Gammell District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - New Mexico Man Pleads Guilty To Directing Computer Attacks Against Websites Of Dozens Of Victims, As Well As Felon-In-Possession Charges

A New Mexico man pleaded guilty today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, as well as felon-in-possession charges.

U.S. A... More...
   $0 (01-18-2018 - MN)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

State of Tennessee v. Andrew Shearin Memphis man jailed on child porn charges

On April 24, 2014, the Defendant was indicted by the Shelby County Grand Jury for sexual exploitation of a minor based on his possession of over 100 images involving minors engaged in sexual activity, a Class B felony. On April 4, 2016, the Defendant entered an open guilty plea to the indicted offense, leaving the sentencing to the trial -2
court’s determination. A transcript of the guilty ... More...
   $0 (01-13-2018 - TN)

Thomas J. Litterer and Mary L. Litterer vs. Rushmore Loan Management Services, LLC

This case requires us to determine the legal relationship between the recording
deadline for a lis pendens in Minn. Stat. § 582.043, subd. 7(b), and the excusable neglect
provision in Minn. R. Civ. P. 6.02.
Enacted by the Legislature in 2013, Minn. Stat. § 582.043 (2016) requires mortgage
servicers to notify mortgagors of loss mitigation options before referring the mortgage f... More...
   $0 (01-13-2018 - MN)

State of Florida v. Peter Avsenew Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Recommends Defendant for Convicted Killer

The State of Florida charged Peter Avsenew, age 33, with capital murder for killing Kevin Power and Stephen Adams.

The victims took the Defendant into their home in 2010 and paid for it with their lives.

The Defendant reportedly said that he had no regrets for killing the victims.

12/23/2010 1 ... More...
   $0 (01-12-2018 - FL)

Viengthong Sikalasinh v. The State of Texas Woman arrested after police chase facing additional charges for stabbing

In August 2015, an indictment was filed alleging that on or about July 2, 2015,
Appellant intentionally fled from Michael Fenwick, a person Appellant knew was a peace
officer who was attempting lawfully to arrest or detain her and that she did so while using
a vehicle. More than five months later, the State filed its Notice of Intent to Enhance
Punishment Range with Prior Felo... More...
   $0 (01-11-2018 - TX)

STATE OF OHIO v. DEREK S. CHILDERS

Childers was originally indicted in November 2014 on two counts of
burglary, felonies of the second degree in violation of R.C. 2911.12(A)(2), and four
counts of breaking and entering, felonies of the fifth degree in violation of R.C.
2911.13(A). The counts stemmed from incidents that occurred during September 2014
and October 2014. Childers pleaded guilty to all counts of the... More...
   $0 (01-08-2018 - OH)

STATE OF NORTH CAROLINA v. SAMUEL TYLER POTTER

The record tends to show the following:
At roughly 1:00 AM on 14 August 2012, the Pamlico County Fire Marshal
received a call concerning a burning structure in Grantsboro, North Carolina. A local
sheriff’s deputy arrived first at the scene of the fire, where he was greeted by
Defendant and another gentleman, Michael Block (“Mr. Block”). Defendant told the
sheriff’s depu... More...
   $0 (01-07-2018 - NC)

Warren Tyrone Calhoun Court of Appeals Fifth District of Texas at Dallas

A jury convicted appellant of aggravated robbery, and assessed punishment at eighteen
years imprisonment after he pled true to an enhancement paragraph.
Appellant argues that (i) the evidence is insufficient to support the deadly weapon
finding, (ii) the trial court should have excluded statements he made to officers before he was
given Miranda warnings, and (iii) his common ... More...
   $0 (01-05-2018 - TX)

CHRISTOPHER L. JONES v. STATE OF MISSOURI

On October 23, 2015, Jones pled guilty to the Class C felony of tampering in the
first degree. After finding that Jones entered his plea knowingly and voluntarily, the trial
court accepted the plea and ordered a sentencing assessment report. A sentencing hearing
was held on December 22, 2015.
At the sentencing hearing, defense counsel highlighted Jones's newfound sobriety <... More...
   $0 (01-05-2018 - MO)

Joshua J. Fairley v. State of Indiana COURT OF APPEALS OF INDIANA

On the night of June 23, 2010, Fairley was at his home in Evansville with
Summer Jones (“Jones”). Jones had previously been in a relationship with
Fairley, and the two were in bed. At some point late that night or early the next
morning, someone began to pound on the door and walls of Fairley’s home.
Jones figured that the person causing the commotion was Fairley’s ex
girlf... More...
   $0 (01-04-2018 - IN)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-31-2017 - FL)

STATE OF SOUTH DAKOTA v. BERTON C. TOAVS Toavs pleads guilty to "heat of passion" deaths

On April 26, 2016, Toavs shot and killed his girlfriend Eliza Edgins and his friend Nathan Gann at Toavs’s home in Faith, South Dakota. Toavs and Edgins were in an off-and-on romantic relationship for some time, and Gann had been staying at Toavs’s home for approximately six weeks prior to the incident. During the time Gann had been staying with Toavs, a romantic relationship developed between E... More...   $0 (12-30-2017 - SD)

Cory Deshane Murphy v. The State of Texas Fifth Court of Appeals, Dallas, Texas

Appellant was indicted for continuous sexual abuse of a child. At some point he agreed
to plead guilty (apparently to aggravated sexual assault of a child), and a hearing was held at
which the complainant, appellant, and others testified. But the trial judge rejected the plea
because appellant did not admit to having sexual intercourse with the complainant.

Later, at an... More...
   $0 (12-27-2017 - TX)

United States of America v. United Theapeutics Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Drug Maker United Therapeutics Agrees to Pay $210 Million to Resolve False Claims Act Liability for Paying Kickbacks

Pharmaceutical company United Therapeutics Corporation (UT), based in Silver Spring, Maryland, has agreed to pay $210 million to resolve claims that it used a foundation as a conduit to pay the copays of Medicare patients taking UT’s pulmonary arterial hyperten... More...
   $210000000 (12-26-2017 - MA)

United States of America, ex rel. Paul J. Solomon v. Lockheed Martin Corporation; Northrop Gruman Systems Corporation Northern District of Texas Federal Courthouse - Dallas, Texas

Paul Solomon brought a False Claims Act action against his employer Northrop Grumman and against Lockheed Martin for making false claims against the government. On a motion for summary judgment, the district court held that it lacked jurisdiction over Solomon’s claims based on the Act’s public disclosure bar. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
Paul Solomon worked for Northrop Gru... More...
   $0 (12-25-2017 - TX)

STATE OF OHIO vs. APOSTOLOS N. THEODOROU

In 2016, Theodorou sold heroin laced with fentanyl to his friend, Travis
Wilson, who subsequently died from an overdose. In June 2016, Theodorou was named
in a fifteen-count indictment charging him with eight counts of drug trafficking, three
counts of drug possession, and one count each of involuntary manslaughter, corrupting
another with drugs, tampering with evidence, and p... More...
   $0 (12-23-2017 - OH)

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