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Statute of Limitation Law
 
Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Juan A. Salinas and Lucila Fuentes v. Sue Ann Ramsy and Hilda Ramsey Southern District of Florida Courthouse - Miami, Florida

Last year our panel heard the appeal of Juan Salinas and Lucila Fuentes, who sought and were denied post-judgment discovery by the District Court in relation to a 10-year-old judgment they got in that court. See Salinas v. Ramsey, 858 F.3d 1360, 1360 (11th Cir. 2017). The District Court denied the discovery motion as untimely, holding that post-judgment discovery was barred by the 5-year limitatio... More...   $0 (02-05-2018 - FL)

Dana Jennifer Engstrom v. James McCarthy

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman... More...
   $0 (02-05-2018 - AZ)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

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)

United States of America v. Omar Dupraz Crittington Western District of North Carolina Courthouse - Charlotte, North Carolina

Omar Dupraz Crittington appeals from the district court’s judgment revoking his supervised release and imposing a 7-month prison term and 1-year term of supervised release. He contends that his due process rights were violated because the district court failed to ensure he made a knowing and voluntary admission to violating the terms of his supervised release and waiver of his rights under Fed. R.... More...   $0 (02-04-2018 - NC)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

Anthony Knight v. State University of New York at Stony Brook Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff Anthony Knight, an African‐American electrician, sued Defendant
State University of New York at Stony Brook (“Stony Brook”) for discrimination
and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
3
§ 2000e et seq., when it terminated Knight’s employment after he reported racist
graffiti in a bathroom located at his worksite. At t... More...
   $0 (02-01-2018 - NY)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

Nutrition Distribution, LLC v. Southern Sarms, Inc.

Code of Civil Procedure section 128.51
authorizes a trial
court to award sanctions for bad faith actions or tactics that are
frivolous or solely intended to cause delay. Pursuant to former
subdivision (f) of section 128.5, effective from January 1, 2015
until amended by urgency legislation enacted August 7, 2017
(former subdivision (f)), any such sanctions had to be imposed... More...
   $0 (02-01-2018 - CA)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

James Smith, Sr. v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da... More...   $0 (01-31-2018 - FL)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

United States of America v. Jason Marc Janatsch Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. § 3014(a)(3), a provision applicable to “any non-indigent pe... More...
   $0 (01-30-2018 - OK)

Malik M. Hasan, M.D. v. Chase Bank USA, N.A.; American Express Centurion District of Colorado Federal Courthouse - Denver, Colorado

Malik Hasan ordered wine from Premier Cru Fine Wines (Premier Cru) and
paid with credit cards issued by Chase Bank USA, N.A. (Chase) and American
Express Centurion Bank (AmEx). Premier Cru declared bankruptcy while Hasan was
still waiting for delivery of wine that he paid nearly $1 million for. Hasan asserts that
under a provision of the Fair Credit Billing Act (FCBA), 15 U.S.C. §§... More...
   $0 (01-30-2018 - CO)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

Leonid Goncharov v. UBER Technologies, Inc.

Plaintiffs Leonid Goncharov, Mohammed Eddine, Alan Freberg, Trevor Johnson,
Peter Kirby, and Jeremy Watt filed a putative class action lawsuit against Uber
Technologies, Inc. (Uber) for providing unlicensed transportation services that
appropriated passengers and income from licensed taxicab drivers. In the second
amended complaint (SAC), plaintiffs alleged Uber failed to comply wi... More...
   $0 (01-30-2018 - CA)

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