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Workers Compensation Law
 
Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

Lockheed Martin Corporation v. USA

The United States appeals its liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a portion of the cost of cleaning up hazardous substances at three California facilities owned by Lockheed Martin (Lockheed or the Company). The government’s involvement at the facilities dates to the Cold War, when the Department of Defense contracted with Lockheed... More...   $0 (08-23-2016 - DC)

Dan and Diane Volentine v. Raeford Farms of Louisiana, LLC, et al

Facts of this case can be found in our previous consideration of the
parties’ contract in Volentine I, supra. After remand, the case proceeded to a
bench trial. The following chronology and overview of facts are set forth
for purposes of the issues raised on appeal.
The Parties’ Entry into the Contract – 2004
In 1992, Dan Volentine (“Volentine”) gave his two children pro... More...
   $0 (08-20-2016 - LA)

Patricia Marxmiller and Ken Marxmiller v. Champaign-Urbana Mass Transit District

Urbana, IL - Patricia Marxmiller and Ken Marxmiller sued Seth Smith on an auto negligence theory and the Champaign-Urbana Mass Transit District on governmental tort claim respondeat superior theory claiming to have been injured and/or damaged in a bus pedestrian accident in Champaign County caused by a MTD driver. Mrs. Marxmiller lot both of her legs as a result of the injuries to her legs caused... More...   $10000000 (08-18-2016 - IL)

United States of America v. Dr. Yasin Khan, Dr. Elizabeth Khan, Dr. Dong Ko, Westfield Hospital

Philadelphia, PA - Doctors and Medical Facilities in Lehigh Valley Pay $690,441 to Resolve Healthcare Fraud Allegations

Dr. Yasin Khan, Dr. Elizabeth Khan, Dr. Dong Ko, Westfield Hospital and affiliated entities including a related pain clinic, Lehigh Valley Pain Management, have agreed to pay $690,441 to the federal government to resolve allegations that they violated the False Claims Ac... More...
   $690441 (08-17-2016 - PA)

RAYMOND J. LUCIA COMPANIES, INC. v. SECURITIES AND EXCHANGE COMMISSION

In the Securities Exchange Act of 1934, Congress determined that transactions in securities conducted over
3
exchanges and over-the-counter markets were “affected with a national public interest which makes it necessary to provide for regulation and control of such transactions and of practices and matters related thereto.” 15 U.S.C. § 78b. To carry out the regulation of the securities m... More...
   $0 (08-17-2016 - DC)

Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t... More...
   $0 (08-17-2016 - RI)

Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...
   $0 (08-16-2016 - NJ)

United States of America v. Dr. Robert Barrow

Little Rock, AR - Little Rock Doctor Sentenced to Prison for Health Care Fraud

Dr. Robert Barrow, 63, of Little Rock, was sentenced to two years in federal prison for conspiring to commit health care fraud, bringing to a close a multi-year federal investigation that began because of an anonymous tip.

At the conclusion of the hearing, U.S. District Court Judge J. Leon Holmes, citi... More...
   $0 (08-14-2016 - AR)

United States of America v. Larry Davis

New York, NY - CEO Of Steel Contractor On World Trade Center Site Convicted At Trial Of Fraud In Connection With Program Designed To Encourage Participation Of Minority And Women-Owned Businesses

CEO’s company, DCM Erectors, also found guilty of fraud

Larry David, President and Chief Executive Officer of DCM Erectors, Inc. (“DCM”), and DCM itself, were convicted of engaging in a ... More...
   $0 (08-12-2016 - NY)

STATE OF IOWA vs. CASEY FREDERIKSEN

A Floyd County jury convicted Casey Frederiksen of murder in the first
degree and sexual abuse in the first degree for offenses committed against the
five-year-old daughter of his live-in girlfriend. Frederiksen now challenges his
convictions on three grounds. First, he disputes the sufficiency of the State’s
proof that he was the perpetrator. Second, he contends the distric... More...
   $0 (08-11-2016 - IA)

United States of America v. Traci Lorre Owens

Oklahoma City, OK - Former Executive Director of Canadian County Charity for Children Pleads Guilty to Embezzlement

TRACI LORRE OWENS, 47, of Edmond, Oklahoma, entered a guilty plea to embezzlement from a Canadian County charity for child crime victims.

According to the superseding information, Owens was the Interim Executive Director and then the Executive Director of Canadian ... More...
   $0 (08-05-2016 - OK)

United States of America v. Kun Shan Chun a/k/a "Joey Chun"

New York, NY - FBI Employee Pleads Guilty In Manhattan Federal Court To Acting In The United States As An Agent Of The Chinese Government

Kun Shan Chun, a/k/a “Joey Chun,” Provided Sensitive FBI Information to the Chinese Government

Kun Shan Chun, a/k/a “Joey Chun,” pled guilty to a criminal Information charging him with acting in the United States as an agent of the People’s Rep... More...
   $0 (08-02-2016 - NY)

North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t... More...   $0 (07-29-2016 - NC)

United States of America v. Martell Edward Alexander

Tulsa, OK - Former Community College Employee Sentenced

The United States of America charged Martell Edwar Alexander, ag3 32, with student assistance fraud in violation of 20 U.S.C. 1097, wrongful destruction of records in violation of 20 U.S.C. 1097 and making a false statement in violation of 18 U.S.C. 1001.

The Government claimed that Alexander altered school records for 43 s... More...
   $0 (07-28-2016 - OK)

Bay Point Properties, Inc. f/k/a BP Properties, Inc. v. Mississippi Transportation Commission and Mississippi Department of Transportation

In 1952, the Mississippi State Highway Commission, MTC’s predecessor, acquired
an easement over certain property of Wallace Walker for “all highway purposes” by an
agreed judgment.3 The property was used to reconstruct a bridge spanning the Bay of St.
Louis, between Pass Christian and Bay St. Louis, after the bridge had burned in 1948.4 After
Hurricane Katrina destroyed the bridge ... More...
   $0 (07-26-2016 - MS)

State of Oklahoma, ex rel. Department of Transportation v. Thomas F. Rivet, Karen A. Rivet and Board of County Commissioners of Comanche County

Lawton, OK - The State of Oklahoma, ex rel. Department of Transportation sued Thomas F. Rivet, Karen A. Rivet and Board of County Commissioners of Comanche County on eminent domain theories seeking to acquire by condemnation certain rights, title and interested in real property owned by the Rivets located in Comanche County, Oklahoma for public use.

The Commissioners appointed by the Cour... More...
   $30000 (07-25-2016 - OK)

State of Tennessee v. Aaron Reinsburg

The victim testified that on January 19, 2013, at approximately 10:00 p.m., she drove her friend to Beale Street to celebrate her friend‟s twenty-first birthday. While the victim was stopped at a traffic light, she saw Defendant, who was a police officer. She asked Defendant if Sammie Wicks, another police officer with whom the victim was
friends, was working that night. The victim a... More...
   $0 (07-25-2016 - TN)

State of Tennessee v. Demetrius J. Pirtle and Cordarius R. Maxwell

The victims, six young adults, decided to take a detour in an area of Jackson that they believed was dangerous. They encountered two men who robbed them of money and of a firearm and who then shot numerous times into the victims‟ vehicle.
On July 18, 2013, Erin Dillard, who was eighteen years old at the time, invited some friends to her parents‟ home in Milan, Tennessee, wh... More...
   $0 (07-25-2016 - TN)

Gregg Appliances, Inc., and HHGregg, Inc. v. Dwain Underwood, on behalf of himself and all others similarly situated

Gregg has an annual incentive plan for certain management employees. The
plan is based on Gregg’s annual performance and the achievement of that year’s
financial objectives. Certain high-level Gregg employees make
recommendations as to whether the incentive should be paid, and in what
amount, but the compensation committee of the board of directors has the sole
authority... More...
   $0 (07-24-2016 - IN)

United States of America v. Jason Galanis

New York, NY - Jason Galanis Pleads Guilty In Manhattan Federal Court To Market Manipulation

Jason Galanis pled guilty to manipulating the market for Gerova Financial Group, Ltd. (“Gerova”), a publicly traded company listed on the New York Stock Exchange, and to defrauding the shareholders of that company. GALANIS pled guilty to conspiracy to commit securities fraud, securities fraud, an... More...
   $0 (07-22-2016 - NY)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...   $0 (07-21-2016 - TX)

United States of America v. William Davis

White Plains, NY - Former Federal Employee Labor Union President Sentenced In White Plains Federal Court For Stealing Union Funds

WILLIAM DAVIS, the former president of the Federation of Government Employees (“AFGE”) Local 1119 (the “Union”), was sentenced to 15 months in prison in connection with embezzling approximately $150,000 of the Union’s funds. DAVIS pled guilty on April 6, 2016,... More...
   $0 (07-20-2016 - NY)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

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