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Statute of Limitation Law
 
Forrest Huff v. Securitas Security Services USA, Inc.

This case presents the question of whether a plaintiff who brings a representative
action under the Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698,
et seq.) may seek penalties not only for the Labor Code violation that affected him or her,
but also for different violations that affected other employees. The trial court granted
plaintiff Forrest Huff a new trial, rea... More...
   $0 (05-24-2018 - CA)

Adam B. Boulineau vs Department of Highway Safety and Motor etc.

Petitioner seeks second-tier certiorari review of the circuit court’s order denying first-tier certiorari relief from the final order of the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV had affirmed the revocation of Petitioner’s driver’s license for a period of five years, under the terms of section 322.28(2)(a)2., Florida Statutes (2013). Our standard for second-tier certior... More...   $0 (05-23-2018 - FL)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

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)

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)

Nasir Hakeem v. State of Tennessee

Following a bench trial, the Petitioner, a foreign national from Pakistan, was convicted of two counts of sexual battery, a Class E felony. State v. Nasir Hakeem, No. M2012-02150-CCA-R3-CD, 2013 WL 6706122, at *1 (Tenn. Crim. App. Dec. 18, 2013), perm. app. denied, (Tenn. May 14, 2014). On August 2, 2012, the trial court imposed concurrent, suspended sentences of eighteen months for each convict... 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)

State of Tennessee v. Ashley N. Menke Tennessee Court of Criminal Appeals

The Sumner County Grand Jury issued a nine-count indictment in Case No. 925CR-2015 charging Ashley N. Menke, the Defendant, with two counts of Class A misdemeanor theft of property (Counts 1 and 2), one count of Class E felony forgery of a check (Count 3), one count of Class C felony theft of property (Count 4), one count of Class E felony forgery of a document (Count 5), one count of Class E felo... 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)

COMMONWEALTH vs. TYRIEK BROWN Massachusetts Supreme Judicial Court

The primary issue presented in this appeal is
whether the Commonwealth is required to prove a defendant knows
that a firearm in his or her possession is loaded in order to be
convicted of unlawful possession of a loaded firearm under G. L.

After police officers discovered a loaded firearm in the
rear console of a vehicle driven by the defendant, he was
charged ... More...
   $0 (05-22-2018 - MA)

STATE OF OHIO - vs - DONNIE E. WRIGHT

Defendant-appellant, Donnie Wright, appeals his conviction and sentence in
the Fayette County Court of Common Pleas for unlawful sexual conduct with a minor.
{¶ 2} In early December 2016, appellant began dating a woman ("Mother"). Within
days, appellant moved into Mother's house. Mother has a daughter ("the victim") who also
resided with her. Later that month, appellant bega... More...
   $0 (05-21-2018 - )

STATE OF OHIO - vs - WILLIAM TELL, III

Defendant-appellant, William Tell, III, appeals his conviction and sentence
for Rape, following a jury trial in the Portage County Court of Common Pleas. The
issues before this court are whether victim impact evidence is admissible in a trial for
Rape where the determinative issue is whether the sexual intercourse between the
defendant and the victim was consensual or coerced;... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO - vs - GREGORY ALLEN CARROLL, a.k.a. GREGERY A. CARROLL

Appellant, Gregory Allen Carroll, a.k.a. Gregery A. Carroll, appeals from
the May 5, 2017 judgments of the Ashtabula County Court of Common Pleas,
sentencing him for robbery, theft from a person in a protected class, theft, and forgery
following a bench trial. On appeal, appellant raises issues involving ineffective
2
assistance of counsel, admissibility of evidence, and ... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Anthony Smith COURT OF APPEALS OF OHIO

On April 13, 2016, appellant was indicted on one count each of aggravated burglary, rape, and kidnapping. On August 7, 2017, the case proceeded to a jury trial. As relevant to this appeal, the following evidence was presented.

On July 20, 1996, the victim, J.W., was alone at home with her two-year old daughter. J.W. and her daughter were sleeping in the same bed when J.W. was awoken b... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. WESLEY R. HUDSON

While driving home from work late one evening, the victim in this matter stopped
at a gas station to purchase a few items. Mr. Hudson and his friend, Ronald Henry, were outside
when the victim arrived and followed him into the lobby. The victim intended to make a work
related cash deposit the following morning, so he was carrying a money bag in his pocket. He
removed the bag ... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO vs. MICHELLE KRONENBERG

In February 2017, Kronenberg was charged with three counts of menacing by
stalking in violation of R.C. 2903.211(A)(1). The indictment charged that the offenses occurred
on February 22, 2017, and there was a count for each of the three victims: James LaMarca (Count
1), Mary Jo LaMarca (Count 2), and Alysse LaMarca (Count 3). All three counts contained
“furthermore” clauses, t... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

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)

CITY OF KETTERING v. WILLIAM J. MASTON

At approximately 2:00 a.m. on March 28, 2016, Maston was a passenger in
a vehicle driven by Hannah Tincher. As Tincher was driving on East Dorothy Lane in
Kettering, Officer Devin Maloney initiated a traffic stop due to a traffic violation. After
back-up arrived, Maloney conducted a free-air sniff by his canine partner, Jax. Jax
alerted to an odor of narcotics, and the offi... More...
   $0 (05-20-2018 - OH)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

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)

Ronnie L. Davis v. State of Indiana COURT OF APPEALS OF INDIANA

On January 6, 2016, in Elkhart Superior Court, Davis and the State entered into
a plea agreement under which Davis pleaded guilty to operating a vehicle while
intoxicatedendangering a person, a Class A misdemeanor.1 That same day,
the trial court sentenced Davis to one year in the county jail suspended to
probation (“lhart probation”. The terms of Davis’s Elkhart probation More...
   $0 (05-20-2018 - )

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)

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