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Rena C. v. Colonial School District Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises out of a dispute under the Individuals with Disabilities Education Act (“IDEA”). Under the IDEA, when parents and school districts dispute a child’s educational placement, a parent may file an administrative due process complaint that can lead to an administrative hearing. At least ten days before the dispute reaches a hearing, the school district can extend a settlement offer to ... More...   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

STATE OF FLORIDA vs. JASON DIRK WALTON / JASON DIRK WALTON vs. JULIE L. JONES, etc.

Walton was convicted and sentenced to death for the execution-style
murders of three individuals that occurred during the commission of a robbery and
burglary. Walton v. Dugger (Walton IV), 634 So. 2d 1059, 1060 (Fla. 1993).
On direct appeal, this Court affirmed the convictions but vacated the death sentences because the trial court failed to afford Walton an opportunity to confr... More...
   $0 (05-22-2018 - FL)

State of Tennessee v. Kenneth Michael McIntosh

On November 5, 2013, a Knox County grand jury issued a presentment charging the defendant with sixteen counts of aggravated child abuse (Counts 1-6, 11-20) and two counts of child abuse (Counts 30-31). The charges stemmed from a series of incidents in which the defendant subjected the victims to physical abuse, prolonged periods of confinement, and restraint with handcuffs. The presentment also c... More...   $0 (05-22-2018 - TN)

William Casey v. State of Tennessee

The 2011 convictions in this case stem from the conduct of the Petitioner against the victim in 1979 and 1980 while the then-juvenile victim was attending a school associated with the church where the Petitioner was the head priest. The evidence presented at trial established that the Petitioner engaged in sexual acts with the victim on three separate occasions when the victim was thirteen and fo... More...   $0 (05-22-2018 - TN)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Frederick Wendell Thomas v. State of Tennessee

The Shelby County Grand Jury charged the petitioner with one count each of first degree premeditated murder and employing a firearm during the commission of a dangerous felony. Following a jury trial, the petitioner was convicted as charged of first degree murder. The trial court imposed a sentence of life imprisonment and dismissed the firearm charge. This court affirmed the conviction and sen... More...   $0 (05-22-2018 - TN)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

Center> John Doe v. Good Samaritan Hospital

Appellant alleges that he was sodomized by his roommate, K.W., while a patient
in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest
(Hospital). He brought this action alleging that Hospital was negligent in placing K.W.
in a room together with appellant, and limiting its efforts to supervise these patients to
observation of each of them at 15-minute in... More...
   $0 (05-22-2018 - CA)

State of Ohio v. Shaniece M. Cox

On January 16, 2015, a Franklin County Grand Jury charged Cox and a codefendant, Kareem Jones, with possession of heroin and tampering with evidence. (Jan. 16, 2015 Indictment.) The indictment included a one-year firearm specification for the possession charge. Id. {¶ 3} The defense filed motions to suppress on December 1, 2015 and May 19, 2017 seeking exclusion of statements made by Cox to pol... More...   $0 (05-21-2018 - OH)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Jesse Perez

During visitation hours at an Ohio correctional facility, appellant and
another inmate (the victim) got into an altercation. Appellant’s two children and their
mother were visiting appellant; and the victim’s mother was visiting the victim. Both
inmates were behind a barrier, which separates visitors from inmates.
{¶ 4} Appellant’s children, both toddlers at that time, got r... More...
   $0 (05-21-2018 - OH)

Patricia Theriault v. Genesis Healthcare, LLC District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At... More...
   $0 (05-21-2018 - ME)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

State of Wisconsin v. Shaun M. Sanders

Sanders raises a single issue for our review: do
circuit courts possess statutory competency3 to proceed in
criminal matters when the adult defendant was charged for
conduct he committed before his tenth birthday?
¶3 We hold that circuit courts possess statutory
competency to proceed in criminal matters when the adult
defendant was charged for conduct he committed ... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. Lamont Donnell Sholar

In late September 2011, Sholar and his life-long
friend, Shawnrell Simmons, were arrested after two victims, E.C.
and S.G., separately reported to police that they had been
victims of sex trafficking by Sholar (and that other girls had
been trafficked by Simmons) out of several motel rooms near the
Milwaukee airport, including the Econolodge on 13th Street. The
State... More...
   $0 (05-19-2018 - WI)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

United States of America v. Rabobank, National Association Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Bank Sentenced for Obstructing Regulators, Forfeits $368 Million for Concealing Anti-Money Laundering Failures

Rabobank, National Association, a California subsidiary of the Netherlands-based Coöperatieve Rabobank U.A., was sentenced on May 18, 2018 before U.S. District Judge Jeffrey T. Miller for conspiring to impair, impede, and obstruct its primary regulator, the Depart... More...
   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

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