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Native American Law
 
NICK C. RHOADES vs. STATE OF IOWA

Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont... More...   $0 (04-15-2016 - IA)

United States of America v. Thomas Bierd

Oklahoma City, OK - Shawnee Man to Serve Five Years Probation and Pay Over $181,000 in Restitution for Receiving Kickbacks in Scheme to Embezzle from Citizen Potawatomi Nation

Thomas Bierd, 35 from Shawnee, Oklahoma, was sentenced by United States District Judge Vicki Miles-LaGrange to serve probation for five years and pay $181,763 in restitution to the Citizen Potawatomi Nation for embe... More...
   $0 (04-14-2016 - OK)

Danielle Schelmety v. Yamaha Motor Corporation, USA, et al.

Michael Smith, Danielle and James were law students at Mississippi
College School of Law at the time of this accident. Danielle and Michael
were dating, and Michael and James were roommates. On the night before
the accident, the trio rode together to Ruston, Louisiana, to attend a crawfish
boil in celebration of Michael’s birthday. They stayed at the home of
Michael’s p... More...
   $0 (04-14-2016 - LA)

Carlos Bernard Smith v. The State of Texas

The evidence shows Smith and Joyce Kidd, who were dating, were riding together in Ms.
Kidd’s Toyota Camry. According to Smith, as they approached the crest of a bridge, Ms. Kidd,
who was driving, leaned over and was “slobbering” and drooling.” Because Ms. Kidd was unable
to control the Camry, Smith grabbed the steering wheel and steered the car off the bridge and on
to a side... More...
   $0 (04-13-2016 - TX)

MAXWELL v. SPRINT PCS

On February 2, 2014, Petitioner Theresa Maxwell suffered an injury to her knee while working for her Employer, Respondent Sprint PCS. She promptly notified her Employer and timely filed a CC-Form-3 with the Workers' Compensation Commission on March 18, 2014. The Employer admitted Petitioner's injury to her knee was compensable, and she had surgery to repair a tendon in her knee. Petitioner also re... More...   $0 (04-13-2016 - OK)

The Providence Journal Company et al. v. The Rhode Island Department of Public Safety, by and through Peter Kilmartin, Attorney General et al.,

The travel of the case is easily sketched. On May 28, 2012, Caleb Chafee (Caleb), the
son of then-Governor Lincoln Chafee, hosted a party on property owned by the then-Governor,
during which some underage attendees consumed alcohol. At some point, an underage female
left the party and, shortly thereafter, she was taken to a local hospital for alcohol-related illness. As a result,... More...
   $0 (04-12-2016 - RI)

STATE OF NEW JERSEY v. ANGELO L. VARGAS

Defendant Angelo L. Vargas appeals from the order of the
Law Division, Criminal Part upholding the prosecutor's denial of
defendant's application for Pretrial Intervention (PTI), a
diversionary program subject to review and approval by both the
vicinage's Criminal Division manager or his or her designee and
the county Prosecutor's Office. R. 3:28(f). After reviewing
... More...
   $0 (04-12-2016 - NJ)

RUFUS SPEARMAN v. COMMISSIONER OF CORRECTION

The petitioner, Rufus Spearman, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court erred (1) in not finding that his trial counsel provided ineffective assistance, as set forth in count three of his petition, byfailingtocallseveralavailablealibiwitnessesduring the petitioner’s criminal trial and (2)... More...   $0 (04-12-2016 - CT)

Douglas Lee Rollins, III v. The Board of Trustees of the University of Alabama, et al.

Appellant Douglas Lee Rollins was dismissed from the University of
Alabama at Birmingham’s School of Dentistry for poor academic performance
after completing two semesters. Rollins, a white male, brought suit against the
university’s Board of Trustees alleging race and gender discrimination. He also
sought declaratory and injunctive relief against the Board of Trustees and the
... More...
   $0 (04-11-2016 - MS)

CP Kelco US, Inc. v. United States and Neimenggu Fufeng Biotechnologies Co., Ltd., Shandong Fufeng Fermentation Co., Ltd.

This matter returns to the court following a remand of the U.S.
Department of Commerce’s (“Commerce” or “the agency”) final determination in its
antidumping investigation of xanthan gum from the People’s Republic of China. The court remanded to Commerce for reevaluation of two matters. First, at Commerce’s request, the court remanded so the agency could revisit how it allocated energy c... More...
   $0 (04-11-2016 - )

GEORGIA HILLER v. PHOENIX ASSOCIATES OF SOUTH ) FLORIDA, INC.

This appeal spawns from the alleged breach of an oral contract between Hiller and Phoenix for construction work performed by Phoenix on Hiller's home. When Hiller failed to compensate Phoenix for the work, Phoenix took advantage of the special statutory lien rights afforded to it under Chapter 713 by recording a claim of lien on Hiller's property for the amount due under the contract. Phoenix th... More...   $0 (04-10-2016 - F)

Jacqueline Harrison v. Shelby County Board of Education

Appellee Jacqueline Harrison was a tenured teacher with the Memphis City Schools, now the Shelby County Board of Education (“SCBE,” or “Appellant”). Ms. Harrison taught for approximately twenty-seven years. She has a degree in English and is certified to teach English in grades seven through twelve. During her teaching career at Memphis City Schools, Ms. Harrison received only one unsatisfactor... More...   $0 (04-10-2016 - TN)

Linda Beard v. James William Branson, et al.

On September 13, 2004, Ruth Hartley (“the decedent”) was admitted to Trinity Hospital, LLC (“Trinity”) to undergo colon surgery which was performed by James William Branson, M.D. Following the surgery, the decedent developed complications and remained hospitalized. On September 27, 2004, Dr. Branson ordered an x-ray and CT scan of the decedent‟s abdomen and pelvis. The CT scan was reviewed o... More...   $0 (04-10-2016 - TN)

State of Iowa v. Kenneth Osborne Ary

A defendant appealed his conviction following a jury trial on three counts of delivery of a controlled substance in violation of Iowa Code section 124.401(1)(c)(3) (2013). We transferred the case to the court of appeals. The court of appeals reversed the conviction on the ground the defendant’s constitutional right to a fair trial by an impartial jury was violated when he was convicted by jurors w... More...   $0 (04-09-2016 - IA)

STATE OF LOUISIANA Vs. BEN AMOS

The facts giving rise to the charged offenses occurred on or about August
25, 2014, at approximately 4:30 a.m. at a Walgreens location in Chalmette,
Louisiana. At the time, three Walgreens employees and one customer were inside
the store. Lan Nguyen, a service clerk at the Walgreens, testified that she was
working the overnight shift in the photo department when she heard the... More...
   $0 (04-09-2016 - LA)

STATE OF KANSAS v. KENNETH BOYSAW

Kenneth Boysaw was charged with aggravated indecent liberties with a child in violation of K.S.A. 2015 Supp. 21-5506(b)(3)(A). Pursuant to K.S.A. 2015 Supp. 60455(d), the State filed a motion to admit evidence of Boysaw's 1987 Nebraska conviction for sexual assault of a child. At a pretrial hearing on the State's motion, the State requested admission of Boysaw's two prior sex-related convictions,... More...   $0 (04-09-2016 - KS)

STATE OF KANSAS v. NICHOLAS L. DUPREE

On the evening of December 14, 2011, in Wichita, a group of four men carried out a burglary of a home, stealing televisions among other things. In the process, one of the men murdered Markez Phillips, a young man who was in the residence. The four men were eventually identified as Reginald Dupree, Daniel Dupree, Malek Brown, and Francis Dupree.
The instant defendant, Nicholas Dupree, was a... More...
   $0 (04-09-2016 - KS)

Violet Yokomichi v. American Furniture

Denver, CO - Plaintiff Awarded $800,000 for Broke Hip From Fall at Store

Violet Yokomichi, age 71, sued American Furniture on a premises liability theory claiming to have been injured and damaged as a direct result of a fall caused by a dangerous condition on the defendant's property.

Defendant denied fault.... More...
   $1200000 (04-09-2016 - CO)

United States of America v. Wells Fargo, N.A.

New York, NY - Wells Fargo Bank Agrees to Pay $1.2 Billion for Improper Mortgage Lending Practices

Wells Fargo Bank Admits That It Certified that Loans Were Eligible for FHA Mortgage Insurance When They Were Not, and That It Did Not Disclose Thousands of Faulty Mortgage Loans to HUD

The Department of Justice announced today that the United States has settled civil mortgage... More...
   $1200000000 (04-08-2016 - NY)

Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys’ fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing More...
   $0 (04-08-2016 - FL)

State of Tennessee v. Devonte Bonds, et al.

All of the defendants were indicted for attempted first degree murder, aggravated assault, possession of a firearm during the commission of a dangerous felony, and employing a firearm during the commission of a dangerous felony. A jury convicted them of attempted second degree murder, aggravated assault, and possession of a firearm during the commission of a dangerous felony; they were acquitted ... More...   $0 (04-07-2016 - TN)

United States of America v. Doorae Shipping Co., Ltd.

Honolulu, HI - Korean Company Fined $750,000 And To Make $200,000 Community Service Payment For Illegal Discharge Of Waste Water

Doorae Shipping Co., LTD, a South Korean maritime operations company, pleaded guilty and was sentenced to pay a fine of $750,000, a community service payment of $200,000, and a term of two years of probation for the failure to maintain an accurate oil record boo... More...
   $0 (04-05-2016 - HI)

Vanessa Serranto v. American Honda Motor Company

Norman, OK - Vanessa Serranto sued American Honda Motor Company, Moddrell's Chickasha Honda Zuzuki, Gary Moddrell and Bonnie d/b/a Moddrell's Chickasha Honda Suzuki, Douglas Spores, Jackie Spores, Samanthan Heinen and Alois Loeffelholz on products liability and negligence theories claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. §2004 (F).

2. Plaintiff and her ... More...
   $1 (04-05-2016 - OK)

UNITED STATES OF AMERICA v. NABILA MAHBUB

At trial, the government’s theory of the case, in relevant part, was as follows: All American Home Care, Inc. (“All American”) was a health agency that purportedly provided a range of therapy-related services at the homes of patients. R. 716 at 7314. All American was a Medicare1 provider that submitted claims directly to Medicare. Id. Mahbub was an office manager at All American, which meant t... More...   $0 (04-05-2016 - MI)

Flovac, Inc. v. Airvac, Inc.

That an antitrust case may turn on the definition of the relevant market is a common-sense
proposition. In this instance, the summary judgment record
disclosed a relevant market much broader than the plaintiff claimed
— a market in which the defendant lacked any semblance of market
dominance. Finding the plaintiff's antitrust claims wanting and
its companion claims equal... More...
   $0 (04-05-2016 - PR)

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