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SAS Institute, Inc. v. World Programming Limited Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou... More...   $0 (10-24-2017 - OK)

VALY v. County of Fresno

Three Laotian correctional officers, Va Ly, Travis Herr and Pao Yang, were
allegedly subjected to racial and national origin discrimination, harassment and
retaliation by their employer, the County of Fresno (County), and its employees. The
three filed suit against the County pursuant to the Fair Employment and Housing Act
(FEHA), Government Code section 12900 et seq., whil... More...
   $0 (10-13-2017 - CA)

Donna White v. Nancy A. Berryhill Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Donna White seeks reversal of the district court’s judgment upholding the
decision of an administrative law judge (ALJ) to deny her application for social
security disability benefits.1 We have jurisdiction under 28 U.S.C. § 1291 and
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs wi... More...
   $0 (10-10-2017 - OK)

Quentin Scott v. City of Albuquerque Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...
   $0 (10-05-2017 - NM)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

Fundamental Administrative Services, LLC v. Seth T. Cohen Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Fundamental Administrative Services, LLC, and Fundamental Clinical Consulting,
LLC (collectively, “Fundamental”), appeal from a district court order that dismissed their
complaint to compel arbitration. Exercising jurisdiction under 28 U.S.C. § 1291, we
In January 2014, Tessie Hammann was admitted to the Casa Arena Blanca
Nursing Center in New Mexic... More...
   $0 (10-03-2017 - NM)

Givani Depianti v. Jan-Pro Franchising, Inc. Federal Courthouse - Boston, Massachusetts

Generation after generation of
parents have passed along a basic adage to their children: if at
first you don't succeed, try, try again. Such advice encouraging
perseverance can serve one well throughout a myriad of life
experiences. But while steadfast determination may, in the
abstract, be worthy of aspiration, the legal field has--as is often
the case--made an exception ... More...
   $0 (10-03-2017 - MA)

Premium Plastics Supply, Inc, Reginald Barham and Carol Barham v. Thomas Howell and Laura Howell Harris County Courthouse - Houston, Texas

This case involves a trial court proceeding to confirm an arbitration award in a commercial landlord-tenant dispute. Landlords Thomas and Laura Howell, appellees here, filed suit in the trial court to confirm an arbitration award in their favor against their former tenants, appellants Premium Plastics Supply, Inc. and
Reginald and Carol Barham. After the Howells moved for summary judgmen... More...
   $0 (10-02-2017 - TX)

State of California v. Continental Insurance Company

Deputy Attorney General; Law Offices of Roger W. Simpson and Roger W. Simpson for
Plaintiff and Respondent.
This is an action by the State of California (State) to recover from various insurers
the costs of cleaning up the Stringfellow hazardous waste site. It has been pending since
1993. It has been to this court three times and to the California Supreme Court twice. At
this p... More...
   $0 (10-02-2017 - CA)

Stephen Lukacs v. Christina Brooke Ice Hillsborough County Courthouse - Tampa, Florida

R.J. Reynolds Tobacco Company (R.J. Reynolds) appeals a second amended final judgment entered in favor of Cindy Evers, in her capacity as personal representative of the Estate of Jacqueline Loyd. Evers' wrongful death action was predicated on claims that Loyd was an Engle1 class member and that Loyd's lung cancer was, at least in part, caused by R.J. Reynolds and Lorillard Tobacco Company (for who... More...   $0 (10-01-2017 - )

Janell Howard v. City of Coos Bay Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha... More...
   $0 (09-29-2017 - OR)

Michelle Frakes v. Peoria School District No. 150 United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Michelle Frakes was honorably
dismissed from her job as a special education teacher at Peoria
School District No. 150 (”Peoria”) in a voluntary reduction of
force. Because Frakes had received “unsatisfactory” ratings as
a teacher, state law placed her on the schedule of teachers to
be dismissed. Displeased, Frakes filed a lawsuit against Peoria
No. 15‐3091
a... More...
   $0 (09-27-2017 - IL)

F.E.V., a Minor, etc. v. City of Anaheim

The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

United States of America v. Osage Wind, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This case presents the question whether a large-scale excavation project—
which involved the excavation, modification, and use of rock and soil during the
installation of wind turbines—constituted “mining” under the pertinent federal
regulations that address mineral development on Indian land. When an entity
engages in “mining” of minerals owned by the Osage Nation, a federally app... More...
   $0 (09-19-2017 - OK)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

United States of America v. Jane E. O'Brien Federal Courthouse - Boston, Massachusetts

Jane E. O'Brien, a professional
investment adviser, engaged in a long-running scheme to defraud
several of her clients -- mostly elderly women who relied on her
financial advice and friendship -- out of their life savings. This
scheme was eventually uncovered, and she pled guilty -- in two
separate cases -- to securities fraud, investment adviser fraud,
wire fraud, a... More...
   $0 (09-02-2017 - MA)

United States of America v. Paul David Mitchell, II United States Court of Appeals - Denver, Colorado

After entering into a plea agreement that included an appeal waiver, Paul
David Mitchell, II, pleaded guilty to bank robbery, interference with interstate
commerce, and firearm offenses. Although the parties agreed to a 28-year sentence,
Mitchell acknowledged in the agreement that he waived the right to appeal any
sentence below the statutory maximum. The district court sent... More...
   $0 (08-30-2017 - )

Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special... More...
   $0 (08-28-2017 - OK)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain ... More...   $0 (08-21-2017 - PA)

GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Fund v. Coleridge Fine Arts; Jelnike Limited

Plaintiffs GCIU-Employer Retirement Fund and the Board of Trustees of
the GCIU-Employer Retirement Fund (collectively the “Fund”) appeal from the
dismissal of their action against Defendants, Coleridge Fine Arts (“Coleridge”)
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
h... More...
   $0 (08-17-2017 - KS)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

United States of America v. Matthew Yazzie

In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. § 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. § 3... More...
   $0 (08-09-2017 - NM)

Jeffrey Weinman v. James Ware Kelley, III

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m... More...
   $0 (08-09-2017 - CO)

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