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Herman N. Nunes v. HIE Holdings, Inc. Federal Courthouse - Honolulu, Hawaii

In 2008, Congress enacted the ADA Amendments Act
(“ADAAA”), which broadened the definition of disability
under the Americans with Disabilities Act (“ADA”),
42 U.S.C. §§ 12101 et seq. As relevant to this appeal, the
ADAAA expanded the scope of the ADA’s “regarded-as”
definition of disability. We have not opined on this issue
in the ten years since the ADAAA was enacted and s... More...
   $0 (09-19-2018 - HI)

Alec Marsh v. J. Alexander's, L.L.C. District of Arizona Federal Courthouse - Phoenix, Arizona

Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938 in response to a national concern that the price of American development was the exploitation of an entire class of low-income workers. President Roosevelt, who pushed for fair labor legislation, famously declared: “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide eno... More...   $0 (09-19-2018 - AZ)

The People of the State of Colorado v. Curtis A. Brooks

This case presents the question of whether Colorado’s recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (“LWOP”) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
¶2 Based on acts that Brooks committed when he was fifte... More...
   $0 (09-18-2018 - CO)

COMMONWEALTH vs. MAKSIM LUTSKOV MoreLaw Suites - The Best Place In Tulsa To Practice Law

The defendant, Maksim Lustkov, was sixteen years old in October, 1999, when he committed an armed home invasion during which he shot one occupant three times in front of the occupant's teenage daughter. A Juvenile Court jury adjudicated the defendant a youthful offender on indictments charging armed home invasion and various related offenses, and he was sentenced to a mandatory minimum State pri... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. FERNANDO PEREZ MoreLaw Suites - The Best Place In Tulsa To Practice Law

In Commonwealth v. Perez, 477 Mass. 677, 688 (2017) (Perez I), we determined that the juvenile defendant, 2 Fernando Perez, received a sentence for his nonhomicide offenses that was presumptively disproportionate under art. 26 of the Massachusetts Declaration of Rights in that the time he would serve prior to parole eligibility exceeded that applicable to a juvenile convicted of murder. We th... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. RICHARD GARDNER MoreLaw Suites - The Best Place In Tulsa To Practice Law

We are called upon once again to determine the scope of persons who the Commonwealth may lawfully seek to commit as sexually dangerous persons under G. L. c. 123A. 2 General Laws c. 123A, § 12 (b), authorizes the Commonwealth to file a petition to civilly commit a "prisoner or youth" deemed likely to be a "sexually dangerous person" (SDP), as that phrase is defined in G. L. c. 123A, § 1. "Pr... More...   $0 (09-16-2018 - MA)

Richard Sander v. State Bar of California

Appellants and petitioners Richard Sander and the First Amendment Coalition
(Petitioners) challenge the trial court’s denial of their petition for writ of mandate seeking
to obtain information from the State Bar of California’s bar admissions database.
Specifically, Petitioners seek individually unidentifiable records for all applicants to the
California Bar Examination from 1972 t... More...
   $0 (09-16-2018 - CA)

Charter Advanced Services v. Nancy Lange District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Charter Communications is a provider of video, internet, and voice
communications services. This case arose when Charter underwent a corporate
reorganization in order to segregate its Voice over Internet Protocol (“VoIP”) services
from its regulated wholesale telecommunications services. As part of the
reorganization, Charter moved its VoIP accounts from “Charter Fiberlink” to a ne... More...
   $0 (09-10-2018 - MN)

OXFORD GLOBAL RESOURCES, LLC vs. JEREMY HERNANDEZ

The defendant was employed in California by the plaintiff company, which is headquartered in Massachusetts. 2 As a condition of employment, he signed a confidentiality, nonsolicitation, and noncompetition agreement (agreement) that declared that the agreement would be governed by the laws of Massachusetts and that all lawsuits arising from the agreement would be brought in a Massachusetts co... More...   $0 (09-09-2018 - MA)

William Brady v. Bayer Corporation

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman
of the Journal of the American Medical Association. The letter said, “We have been
recently startled by the unexplainable demand on the part of our customers for Sodium
Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of
Milford, Kansas, has broadcast recommendations for the... More...
   $0 (09-08-2018 - )

Richard Sander v. State Bar of California

Appellants and petitioners Richard Sander and the First Amendment Coalition
(Petitioners) challenge the trial court’s denial of their petition for writ of mandate seeking
to obtain information from the State Bar of California’s bar admissions database.
Specifically, Petitioners seek individually unidentifiable records for all applicants to the
California Bar Examination from 1972 t... More...
   $0 (09-07-2018 - CA)

STATE OF FLORIDA vs. KENNETH PURDY

In Graham v. Florida, 560 U.S. 48, 75 (2010), the United States Supreme
Court held that the Eighth Amendment categorically forbids a sentence of life
without parole for juvenile nonhomicide offenders and requires that any life
sentence for a juvenile nonhomicide offender be accompanied by “some
meaningful opportunity to obtain release based on demonstrated maturity and
reh... More...
   $0 (09-04-2018 - TN)

Theodore Hayes and Aqeela Fogle v. Philip E. Harvey Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

The Hayes family receives enhanced voucher rental
assistance from the federal government, and a federal statute
provides that enhanced voucher holders “may elect to remain”
in their housing developments, even after their landlord has
opted out of the federal housing assistance program. 42 U.S.C.
§ 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee
Philip Harvey, cont... More...
   $0 (09-04-2018 - PA)

Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Company, Inc.

A large law firm agreed to represent a manufacturing company in a federal
qui tam action brought on behalf of a number of public entities. During the same
time period, the law firm represented one of these public entities in matters
unrelated to the qui tam suit. Both clients had executed engagement agreements
that purported to waive all such conflicts of interest, current or futur... More...
   $0 (09-02-2018 - CA)

Robert Gustavsen v. Alcon Laboratories, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Our disposition of the merits of this appeal turns on a single question:
Can manufacturers of prescription eye drops change the medication's bottle
so as to alter the amount of medication dispensed into the eye without first
getting the FDA's approval? Finding that federal law requires
prior approval for such a change, we hold that state law claims
challenging the manufacture... More...
   $0 (09-01-2018 - MA)

Citizens For Fair REU Rates v. City of Redding

Article XIII C of the California Constitution1 prohibits local governments
from imposing, increasing, or extending any tax without voter approval. Excepted
from the definition of tax is any charge imposed for a service or product that does
not exceed the reasonable costs of providing it.
The City of Redding operates an electric utility as a department of its city
government. Ea... More...
   $0 (08-28-2018 - CA)

L.H., a minor student: G.H.; D.H. v. Hamilton County Department fo Education Eastern District of Tennessee - Chattanooga, Tennessee

When a school district decided to move a disabled child from a “mainstreamed” classroom with non-disabled children to a segregated classroom solely for children with disabilities, the child’s parents opposed that decision, removed the child to a private school, and sought relief under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et seq. After years of dispute and litig... More...   $0 (08-25-2018 - TN)

Jena McClellan v. Midwest Machining, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Plaintiff Jena McClellan brought suit against her former employer to enforce her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), and the Equal Pay Act, 29 U.S.C. § 206(d). The district court granted summary judgment for Defendant on the grounds that Plaintiff’s federal claims were barred by the... More...   $0 (08-25-2018 - MI)

Larry Burkes v. Damon Robertson

The Labor Commissioner (Commissioner) issued an award in favor of Larry
Burkes, an employee of Damon Robertson (doing business as All Ways Delivery) for
unpaid overtime wages, penalties, and interest. Robertson filed a timely pro se notice of
appeal in the Solano County Superior Court, but he failed to post a statutorily required
undertaking (an appeal bond or cash deposit in the a... More...
   $0 (08-21-2018 - CA)

Larry D. Lincoln; Brad C. Mosbrucker v. BNSF Raiway Company District of Kansas Federal Courthouse - Topeka, Kansas

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv... More...
   $0 (08-20-2018 - KS)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his ... More...   $0 (08-09-2018 - KS)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

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