This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap... More...   $0 (06-25-2018 - DC)

Following a jury trial, Collin Wayne Cope appeals his conviction for sexual assault of a
child prohibited spouse, a first-degree felony. The complainant, T.C., was appellant’s biological
daughter. Appellant complains the jury charge erroneously required the State to prove he was
prohibited from marrying T.C. for consanguinity reasons, when the penal code required proof he
was... More...   $0 (06-24-2018 - TX)

On October 21, 2014, Kelly Spires, the manager of a Save-A-Lot in Wichita, reported to police that a man had walked out of the store with a cart of groceries for which he had not paid.

Wichita Police Officer Robert Bachman responded to the scene and spoke with Spires. She told him she had been within 10 to 15 feet of the man and asked him if he had a receipt. She looked him right in th... More...   $0 (06-23-2018 - KS)

This appeal comes from a
district court’s imposition of a 218-month sentence on Mario Lee
for conspiracy to distribute and possession with intent to
distribute 100 grams or more of a mixture or substance containing
heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. Lee only
attacks his sentence as procedurally unreasonable. Concluding, as
we do, that the district court ... More...   $0 (06-21-2018 - ME)

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...   $0 (06-21-2018 - ME)

Woodall pleaded guilty to murder;rape;and kidnapping and ajucy
recommended a sentence.of death, which the trial court adopted. Extensive
collateral-attack litigation followed:· Eventually, Woodall filed a Kentucky Rules . : .
of Civil Procedure ("CR") 60.02 and 60.03 motion, alleging that he is . . intellectually disabled and that the imposition of the death·perialty upon him. i~ More...   $0 (06-20-2018 - KY)

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...   $0 (06-20-2018 - CA)

The Children Services Division of the Montgomery County Department of Job and Family Services placed S.T. and his brother T.W. with Weaver and his wife for foster care on September 24, 2015. 1 Tr. of Proceedings 404:21-406:13. S.T. was approximately two years old at the time, and his brother was approximately three. Id. at 395:21-396:8. ... More...   $0 (06-19-2018 - OH)

Appellants Geraldine and Mark Templo (the Templos) brought an action for
declaratory relief against respondent State of California (State), claiming that a statute
requiring litigants to pay a nonrefundable fee in order to secure a jury trial is
unconstitutional. The trial court granted the State’s motion for judgment on the pleadings
on the ground that the State is not a proper de... More...   $0 (06-18-2018 - CA)

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...   $0 (06-18-2018 - AR)

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...   $0 (06-15-2018 - CA)

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...   $0 (06-08-2018 - CA)

We will review the facts leading up to the termination hearing in considerable detail. J.R.H. was born on September 2, 2016, in Dodge City. On November 9, 2016, her mother, K.H., freely and voluntarily consented to the adoption of the child. On November 15, 2016, the potential adoptive parents (the petitioners) filed a petition for the adoption of J.R.H. Noting that K.H. had consented to the adopt... More...   $0 (06-06-2018 - KS)

The facts and circumstances pertaining to Thieszen’s crimes
are set out in greater detail in our decision resolving his
direct appeal.2 In 1987, 14-year-old Thieszen shot and killed
his 12-year-old sister, Sacha L. Thieszen. The State charged
Thieszen with first degree murder and use of a firearm in the
commission of a felony. Pursuant to a plea bargain, Thieszen
pled guilt... More...   $0 (06-05-2018 - NE)

At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings and conferences and issued dozens of rulings. All told, this case sprawled over more than 250 docket entries. But a closer look reveals that the core issue boils down to a simple life lesson: play by the rules. This fundamental concept com... More...   $0 (06-01-2018 - TN)

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

Asma’s nine-year marriage to Zafar was marked by Zafar’s abusive and
controlling nature, as reflected by his beating Asma’s head against a wall,
holding a gun to her forehead and threatening to kill her, installing cameras in
their home to watch her, checking her cell phone when he came home from
work, and threatening to shoot her if she called 911. On April 16, 2016, the
... More...   $0 (05-28-2018 - TX)

On July 6, 2007, Smith pled guilty to a single count of aggravated robbery, a severity level 3 person felony, in exchange for the dismissal of several other charges. A presentence investigation revealed that Smith had a criminal history score of A, based, in part, on two burglary convictions from 1988 and 1990. On September 26, 2008, the district court sentenced Smith to 221 months in prison, the ... More...   $0 (05-27-2018 - KS)

APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L.
Lofthus, Judge. Reversed in part and affirmed in part.
Mayall Hurley, William J. Gorham III and Nicholas J. Scardigli for Plaintiff and
Appellant.
Weintraub Tobin Chediak Coleman Grodin, Charles L. Post, Brendan J. Begley,
Meagan D. Bainbridge and James Kachmar for Defendant and Respondent.
2
A... More...   $0 (05-25-2018 - CA)

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)

Tulsa, OK - Alyson King sued Steven C. Anagnost, M.D. and Orthopedic Center on a medical malpractice theories.

Date Code Description Count Party Amount
10-30-2009 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
10-30-2009 MEDNEG

MEDICAL NEGLIGENCE

10-30-2009 DMFE

DISPUTE MEDIATION FEE
$ 2.00
10-30-2... More...   $1 (05-16-2018 - OK)

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...   $0 (05-16-2018 - KY)

T.M.M.H., who was born on November 5, 2006, was a few months old when his father died in 2007. When T.M.M.H. was young, Mother and Grandmother agreed he would live for a period of time with Grandmother. We know little about this agreement. Whatever the initial arrangement may have been between Mother and Grandmother, at some point in 2008, Grandmother filed a petition in district court for grandpa... More...   $0 (05-12-2018 - KS)

Petitioner Alysia Webb1 (Webb) filed a verified petition for writ of mandate in
superior court alleging the City of Riverside (Riverside) violated Propositions 26 and 218
when it began transferring additional revenue from electric utility reserve fund accounts
into the general fund without approval by the electorate. Webb contends the court
improperly dismissed her case without lea... More...   $0 (05-12-2018 - CA)