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Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc
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In these consolidated appeals, we consider whether the trial court erred in sustaining two defendantsâ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium ownersâ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial courtâs dismissal as to one claim, reverse the trial c... More... $0 (05-02-2013 - TX)
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United States of America v. Melvin David Towns, Jr.
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Melvin Towns (âTownsâ) challenges his conviction and sentence for conspiracy to manufacture methamphetamine and conspiracy to possess and distribute pseudoephedrine in violation of 21 U.S.C. § 846. He argues primarily that some of the evidence against himâpseudoephedrine purchase logsâwas introduced in violation of the business records exception to the hearsay rule and the Sixth Amendment... More... $0 (05-01-2013 - TX)
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United States of America v. Donald Turner a/k/a Don L. Wood
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Donald Turner, a.k.a. Don Wood, was convicted by a jury of one count of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. The District Court sentenced Turner to 60 monthsâ imprisonment and three years of supervised release. In addition, it ordered Turner to pay $408,043 in restitution to the Government under 18 U.S.C. § 3663. Turner appeals his conviction and sentence. H... More... $0 (05-01-2013 - PA)
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Marcia L. Caronia v. Philip Morris USA, Inc.
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9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More... $0 (05-01-2013 - NY)
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United States of America v. Richard Jones and Ronald Mallay
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2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More... $0 (05-01-2013 - NY)
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R. Dean Anglin v. Norman Regional Hospital
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Plaintiff, the Estate of Charles Henry Alinger, deceased, by and through its duly appointed Administrator, R. Dean Anglin (âPlaintiffâ), for its cause of action against the above- named Defendants, alleges and states as follows:
JURISDICTION AND VENUE
1. Plaintiff is the authorized Administrator of the Estate of Charles Henry Alinger,
deceased (âDecedentâ), pursuant t... More... $0 (05-01-2013 - OK)
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C.V. v. Texas Department of Family and Protective Services
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This is an appeal from a judgment terminating a motherâs parental rights to her six children. The Texas Department of Family and Protective Services (TDFPS) sought termination of both the motherâs and the fatherâs parental rights. After a bench trial, the court found TDFPS presented clear and convincing evidence establishing that Appellant: knowingly placed or knowingly allowed the [children... More... $0 (04-30-2013 - TX)
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United States of America v. Ivy T. Rucker
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Following a three-day jury trial, Ivy T. Tucker was found guilty of conspiracy to distribute more than one kilogram of heroin in violation of
2 No. 12-1281
21 U.S.C. §§ 841 (a)(1) and (b)(1)(A). Tucker was sentenced to 480 monthsâ imprisonment, followed by five years of supervised release. On appeal, Tucker argues he was denied a fair trial because of misconduct by the prosecutor... More... $0 (04-30-2013 - WI)
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United States of America v. Adley Abdulwahab
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Adley H. Abdulwahab appeals his convictions and sentence for several crimes relating to an investment scheme that resulted in nearly $100 million in losses for investors. We reverse Abdulwahabâs convictions for money laundering but affirm the remainder of his convictions. Because we reverse the money laundering convictions, we vacate his sentence and remand for resentencing.
I.
Chr... More... $0 (04-30-2013 - VA)
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United States of America v. Hipolit Diaz-Arias
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Following a four-day jury trial, Defendant-Appellant HipĂłlito DĂaz-Arias was found guilty of conspiring to distribute cocaine, in violation of sections 841(a)(1) and 846 of Title 21 of the United States Code. He received a sentence of 120 months' imprisonment to be followed by a supervised release term of five years. DĂaz-Arias now appeals his conviction and sentence, claiming that the distric... More... $0 (04-29-2013 - MA)
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Michael Cagle and Martin Lake Construction, Inc. v. Timothy J. Clark
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Michael Cagle and Martin Lake Construction, Inc. (MLC) appeal the grant of a special appearance in favor of Timothy J. Clark, a resident of the state of New York. Because we agree with Cagle and MLCâs arguments that the trial court had specific in personam jurisdiction over Clark, we reverse the courtâs judgment and remand to the trial court for further proceedings.1
I. Factual and Proc... More... $0 (04-26-2013 - TX)
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Sylvia Rivas v. Gerald R. Jaco
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This is an appeal of the trial courtâs order in a suit affecting the parent-child relationship. Appellant Sylvia Rivas brings four issues, and we affirm.
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Background
The trial court determined that appellee Gerald A. Jaco is the father of Rivasâs child and appointed Rivas as sole managing conservator and Jaco as possessory conservator. The court found that the standard po... More... $0 (04-25-2013 - TX)
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Marcus Hiles v. Arnie & Company, P.C.
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We originally issued our opinion affirming the trial courtâs judgment on March 14, 2013. Appellant Marcus Hiles filed a motion for rehearing. We deny the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this substitute opinion in its place. The disposition of the case remains unchanged. Hiles appeals from a trial-court judgment incorporating a jury verd... More... $0 (04-25-2013 - TX)
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New Deliverance Church, Inc. v. Adam Miller and Houssiere, Durant and Houssiere, LLP
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New Deliverance Church, Inc. (âthe Churchâ) appeals from a summary judgment in favor of Adam Miller and Houssiere, Durant & Houssiere, LLP (âHoussiereâ) (collectively, âappelleesâ). We reverse and remand.
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I. BACKGROUND
In 2004, an explosion occurred at a chemical plant owned by HRD Corporation d/b/a Marcus Oil & Chemical (âHRDâ). Numerous litigants filed suit... More... $0 (04-25-2013 - TX)
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Mark Honish v. The State of Texas
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A jury convicted Appellant Mark Honish of murder, and the trial court sentenced him to fifty yearsâ imprisonment. See Tex. Penal Code Ann. § 19.02(b) (West 2011). In six issues, Appellant argues that the trial court erred by admitting illegally-obtained evidence and by excluding defense evidence, that the evidence is insufficient to support his conviction, that he was denied a speedy
___... More... $0 (04-25-2013 - TX)
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Heritage Pacific Financial, LLC v. Maribel Monroy
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Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroyâs second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More... $0 (04-25-2013 - CA)
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Jonathan C. McIntosh v. David Partridge, M.D.
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Jonathon C. McIntosh, D.D.S. appeals the trial courtâs judgment dismissing his case for want of prosecution. McIntosh presents one issue, asserting that the trial court âreversibly erred when it dismissed [his] cause of action with prejudice.â
We affirm the judgment as modified.
Background
McIntosh was the Director of Dentistry for the residents of the Richmond Sta... More... $0 (04-25-2013 - TX)
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Sylvia Rivas v. Gerald R. Jaco
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This is an appeal of the trial courtâs order in a suit affecting the parent-child relationship. Appellant Sylvia Rivas brings four issues, and we affirm.
2
Background
The trial court determined that appellee Gerald A. Jaco is the father of Rivasâs child and appointed Rivas as sole managing conservator and Jaco as possessory conservator. The court found that the standard po... More... $0 (04-25-2013 - TX)
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Ser Yang v. Western-Southern Life
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Soua Yang purchased a life insurance policy from Western-Southern Life Assurance Company (WSLAC). Yang died six months later. Her beneficiaries claimed the death benefit. WSLAC denied the claim on the basis that she had not disclosed her Hepatitis B on the application. Her beneficiaries sued WSLAC. The district court granted summary judgment to WSLAC. Having jurisdiction under 28 U.S.C. § 1291, t... More... $0 (04-25-2013 - MN)
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Ernest Flagg v. City of Detroit
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Plaintiffs-Appellants J.B., A.J., and I.B., the minor children of Tamara Greene, appeal the district courtâs grant of summary judgment in favor of Defendants-Appellees Kwame Kilpatrick and City of Detroit on Plaintiffsâ § 1983 claims of conspiracy to deny and denial of access to the courts. Plaintiffs claim that Defendants denied them access to the courts by obstructing the investigation of t... More... $0 (04-25-2013 - MI)
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Mahmoud M. Hegab v. Letitia A. Long, Directory of Geopatial-Intelligence Agency
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When Mahmoud Hegab, an employee of the National Geospatial-Intelligence Agency ("NGA") with a top secret security clearance, informed the agency of his marriage to Bushra Nusairat, the NGA conducted a reinvestigation into his security clearance. Based on new information, the NGA revoked Hegabâs security clearance.
Hegab commenced this action under the Administrative Procedure Act against ... More... $0 (04-25-2013 - VA)
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Manuel Cepedes, Jr. v. Yellow Transportation, Inc.
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In this workersâ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part Claimantâs claim for workersâ compensation benefits. Claimant argues the JCC erred by (1) improperly
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shifting onto Claimant the burden to prove the compensable injury was the major contributing cause (MCC) of his disability and need for surgery; (2)... More... $0 (04-24-2013 - FL)
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Jennifer Smith v. Solomon & Solomon, P.C.
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This case requires us to decide whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., controls the choice of venue in a post-judgment enforcement action to recover a debt under Massachusetts trustee process law. We conclude that it does not.
The facts of this case are neither complex nor contested. The plaintiff-appellant is Jennifer Smith, formerly kn... More... $0 (04-24-2013 - MA)
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The People v. Rico Lyntice Riley
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The People of the State of California charged Rico Lyntice Riley, age 31, with multiple sexual assault charges, including rape and tying up the female victim.
The woman was assaulted by Riley and one of her friends after she refused Riley's sexual advances, according to a Sacramento County District Attorney's Office news release. The friend eventually left the woman's apartment, but Rile... More... $0 (04-19-2013 - CA)
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The City of Oklahoma City v. Russell James Walker
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1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized Charter. Okla. Const. Art. 2, Sec. 24.
2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condenm private property for public purposes ... More... $0 (04-18-2013 - OK)
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