We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality.1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. A... More...   $0 (11-23-2017 - )

Because Aguilar does not challenge the sufficiency of the evidence or raise any other
evidentiary issues, only a brief recitation of the facts is warranted.
Aguilar married Blanca in 1990 and they had six children together, including five
daughters. They divorced in 2009, and Miguel was awarded full custody of all the children. No
allegations of sexual abuse were raised durin... More...   $0 (11-22-2017 - TX)

On 3 July 2014, Keith Williams sustained a gunshot wound to the back of his
neck. On 2 February 2015, defendant was indicted for attempted first-degree murder,
assault with a deadly weapon intending to kill inflicting serious injury, and
possession of a firearm by a convicted felon, with all of these charges arising from the
incident in which Mr. Williams was shot.
The ... More...   $0 (11-21-2017 - NC)

On 5 August 2013, a grand jury indicted Defendant on multiple counts of first
degree murder, attempted first-degree murder, AWDWIKISI, discharging a firearm
into an occupied dwelling, and two counts of discharging a firearm into an occupied
vehicle. The State tried Defendant on the following: two charges of first-degree
murder, two charges of attempted first-degree murder, two... More...   $0 (11-21-2017 - NC)

The State’s evidence tended to show the victim (“Amy”) and Defendant knew
each other through Amy’s older sister, Alexis, for a period of about five years. When
Amy’s sister had her own apartment, Amy would visit and Defendant would bring his
10-year old daughter over. Amy testified at one of these visits Defendant attempted
to pull her pants down and put his lips to her botto... More...   $0 (11-21-2017 - NC)

In his appeal as of right to the Court of Criminal Appeals, the defendant argued: (1) that the evidence was insufficient to support his convictions for first degree premeditated murder and attempted first degree murder; (2) that the trial court erred in denying his motion to suppress his statements to the police; (3) that double jeopardy principles prohibited his dual convictions for possessing a... More...   $0 (11-20-2017 - TN)

John Balbirnie was found guilty by a jury of the second-degree murder of Paul Nicholson, who died from a stab wound in the chest. Balbirnie now challenges his conviction on the ground that the attorney who represented him at trial provided inadequate representation.

We agree that his attorney made one significant error—failing to get admitted into evidence a recording of the 911 call t... More...   $0 (11-19-2017 - KS)

Police officer trainee Bret Cornell, while off-duty and in street clothes, went for a
run one morning in Golden Gate Park, stopping for a brief rest on a knoll called Hippie
Hill. Two uniformed patrol officers in the area spotted him, thought he looked
“worried,” and grew suspicious because the bushes on Hippie Hill are known for illicit
drug activity. As the patrolmen began to app... More...   $0 (11-17-2017 - CA)

Kimberly Ann Zizza appeals an
order from the bankruptcy court denying her Chapter 7 discharge on
the grounds that she made material, knowing, and fraudulent false
oaths in the course of her bankruptcy proceedings. 11 U.S.C.
§ 727(a)(4). The bankruptcy court found that Zizza had failed to
disclose in her schedules and at her first creditors' meeting,
with reckless indifferen... More...   $0 (11-15-2017 - MA)

Pursuant to a plea agreement, Appellant entered a no contest plea to one count of kidnapping.1 He was sentenced to three to six years of imprisonment, but that was suspended in favor of three years of probation. As a condition of his probation, Appellant was required to “submit himself to a full psychiatric evaluation with continued monitoring for an[y] prescribed medications as recommended in t... More...   $0 (11-15-2017 - WY)

Modjarrad & Associates, P.C., d/b/a Modjarrad Abusaad Said Law Firm (the Law Firm), was retained to represent Joseph Abuzaid in Cause No. DC-12-09866, Joseph Abuzaid v. Muamar Anani, in the 95th Judicial District Court (the litigation). Abuzaid was represented by other counsel prior to the Law Firm’s involvement. Approximately ten months after it began representing Abuzaid, the Law Firm withdrew a... More...   $0 (11-15-2017 - TX)

Larry W. Kelly, Jr., appeals his conviction. He contends that the district court erroneously denied his motion for a mistrial and motion for a new trial, which alleged that the district court violated Federal Rule of Criminal Procedure 24(c) by failing to excuse an alternate juror at the end of trial and permitting her to be in the jury room during part of the regular jury’s deliberations. Because... More...   $0 (11-15-2017 - LA)

When this Court reviews a motion to suppress, we “will not overturn a trial justice’s
factual findings unless they are clearly erroneous.” State v. Harrison, 66 A.3d 432, 441 (R.I.
2013). With respect to any purported violations of a defendant’s constitutional rights, “this
Court must make an independent examination of the record to determine if [the defendant’s]
rights have ... More...   $0 (11-14-2017 - RI)

Appellant rammed his vehicle through a security gate and entered Port Everglades. A fifteen-minute police chase ensued, during which Appellant ran a red light, drove over sidewalks, crossed over medians, jumped over curbs, and zig-zagged across roads. At one point, Appellant crossed four lanes of traffic, nearly hitting two civilian vehicles. Appellant was eventually forced off the road by poli... More...   $0 (11-13-2017 - FL)

A little over two years into the civil-rights suit brought by Joan Mullin (“Mullin”) over the tragic prison suicide of her son, Robert Mullin (“Robert”), Mullin’s attorney received a discovery document with the potential to reshape the case. A previously undisclosed investigative report about the night
3
Robert died contained statements by fellow New Jersey inmates about a prison guard who... More...   $0 (11-13-2017 - NJ)

Oklahoma City, OK - Cody Craig sued Bob Mills Furniture Company, LLC, James Sesock and TCB Delivery, Inc., which was schedules for delivery on May 15, 2015. Cody Graig was the owners and operator of TCB Delivery. Craig was instructed to deliver furniture not purchased by the purchasers of the other furniture. During the assemble of a murphy bed, Sesock stomped on the bed causing a spring-loaded l... More...   $9000000 (11-09-2017 - OK)

White pled guilty in 2004 to attempted possession of marijuana with the intent to sell—a drug felony, and aiding a felon—a nonperson felony. The Wyandotte County District Court sentenced White to a suspended 32-month prison sentence and placed him on 36 months' probation.

Because White was later arrested on federal charges for the sale of cocaine, in May 2006, the State moved t... More...   $0 (11-09-2017 - KS)

Oklahoma City, OK - Scott R. McCoy sued Jessica A. Tharpe


Issue # 1. Issue: TORT- PERSONAL (TORTP)
Filed By: Mccoy, Scott R
Filed Date: 03/16/2016
Party Name Disposition Information
Defendant: Tharpe, Jessica A Disposed: JUDGEMENT FOR DEFENDANT, 11/08/2017. Jury Trial
Docket
Date Code Description Count Party Amount
03-16-2016 TEXT

C... More...   $0 (11-08-2017 - OK)

Following a preliminary hearing in the magistrate court in Carlsbad, New
13 Mexico, the district attorney filed a criminal information in the district court charging
14 Defendant with eighteen counts of sexual exploitation of children (possession) in
15 violation of Section 30-6A-3(A). Pursuant to State v. Olsson, 2014-NMSC-012, 324
16 P.3d 1230, an amended criminal complaint was ... More...   $0 (11-08-2017 - NM)

On September 2, 2014, a grand jury of the City of Richmond indicted Larry Lee Williams (Williams) for the July 8, 2014 felony assault and battery, third or subsequent offense, of his wife, Tameka Bond (Bond), in violation of Code § 18.2-57.2(B) (July Offense). On September 10, of that same year, a grand jury indicted Williams for another violation of Code § 18.257.2(B), as well as attempted murde... More...   $0 (11-08-2017 - VA)

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...   $0 (11-07-2017 - CA)

On October 11, 2001, a Superior Court jury
convicted the defendant of murder in the first degree on theories of deliberate premeditation and felony-murder in the
shooting death of Malcolm Howard on May 13, 1999. Since that
time, the defendant repeatedly has sought postconviction relief,
while his direct appeal to this court has been stayed.
Shortly after his conviction,... More...   $0 (11-07-2017 - MA)

Efficiency can be a virtue, particularly for a court. But sometimes we can have too much of even a good thing.1 That’s what happened here. In this case, Petitioner-Appellant Michael Frank Burgess filed a 28 U.S.C. § 2255 motion challenging his conviction and sentence. Although the government opposed Burgess’s motion on the merits, the district court instead, and of its own volition, invoked a coll... More...   $0 (11-06-2017 - FL)

Corcoran, a heroin addict, lived in a tent in the backyard of her
parents’ home. Corcoran’s two children lived inside the home with Corcoran’s
parents. Corcoran did not have stable employment, and when Corcoran could not
pay Willingham, her heroin dealer, she engaged in sexual acts with him, and allowed
him to take pictures and videos of her during these acts. Corcoran also ... More...   $0 (11-06-2017 - OH)

In November 2014, Stuhlmacher and Kelly Wood had been married for over
thirty years.6 Wood was employed, but Stuhlmacher was unemployed because
of back injuries and disabilities. He was dependent on his wife for most things.
[3] On November 17, 2014, Wood went to work. Stuhlmacher called her at
lunchtime and yelled at her and then sent her numerous texts until she left
... More...   $0 (11-05-2017 - IN)