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Dismissal Law
 
L.M., a juvenile vs. The State of Florida MoreLaw Suites - The Best Place In Tulsa To Practice Law

On November 20, 2014, L.M. was issued a printed form of “Notice of Suspension” by his Miami-area high school, with typewritten entries in the information fields. The form stated that L.M. was suspended from his school for a period of ten days and “may not return until Pending Parent Conference.” The form further indicated that the suspension was a result of “Disruptive Behaviors, Defiance o... More...   $0 (09-22-2018 - FL)

Dr. Reinhold Munker v. Board of Supervisors of Louisiana State University System

The plaintiff, Dr. Reinhold Munker, was a tenured professor of medicine at Louisiana State University Medical Center in Shreveport, Louisiana. He was officially employed by the defendant, Board of Supervisors of Louisiana State University System (“the Board”). 1 The plaintiff was a professor/researcher in the field of hematology and oncology. On the morning of August 18, 2015, the departme... More...   $0 (09-20-2018 - LA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

DONNA FOX, as Personal Representative of Ronald J. Fox, Deceased v. JAMES R. MIZE and VAN EATON READY MIX, INC. and FEDERATED MUTUAL INSURANCE COMPANY Sooner Cannabis Consultants Click Here For Expert Help 918-960-5038

This cause arises from a motor vehicle accident between Ronald J. Fox and James R. Mize that occurred on July 29, 2015, near Sunnylane Road and Indian Hills Road in Norman, Oklahoma. Mr. Mize was traveling northbound on Sunnylane Road in a tractor-trailer owned by his employer, Van Eaton Ready Mix, Inc., when he made a left turn onto Van Eaton's property. According to the traffic collision report,... More...   $0 (09-19-2018 - OK)

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)

Guadalupe A. Ontiveros v. Kent Constable

Guadalupe Ontiveros, as the minority shareholder in Omega Electric, Inc.
(Omega), sued majority shareholder Kent Constable, his wife (Karen Constable), and
Omega,1 asserting direct and derivative claims arising from a dispute over management
of Omega and its assets. In response to Ontiveros's claim of involuntary dissolution of
Omega, Appellants filed a motion to stay proceedings ... More...
   $0 (09-19-2018 - CA)

The People of the State of Colorado v. Daniel S. Gutierrez MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Jairo Perez was shot and killed in his garage.1 A friend of the decedent stated
that he saw who committed the murder and that the murderer had fled. That witness
later positively identified the defendant, Daniel Gutierrez, as the murderer in a police
photo array.
¶3 Minutes after the murder of Perez, a man attempted to force his way into a
residence located just a bloc... More...
   $0 (09-18-2018 - CO)

Dustin Lee James v. The People of the State of Colorado MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

Dustin James was initially charged with two counts of distribution of a controlled substance, one count of possession with intent to manufacture a controlled substance, and one count of possession with intent to distribute a controlled substance, all but the last of which were dismissed before trial. He was acquitted of the charged offense of possession with intent to distribute methamphetami... More...   $0 (09-18-2018 - CO)

DEJUAN A. BELL v. STATE OF KANSAS MoreLaw Performance Marketing If It Does Not Work, It Is Free!

The district court summarily denied Dejuan A. Bell's motion for habeas corpus relief based on the motion and the court's files and records. Bell appeals, asking us to remand the case with directions to hold an evidentiary hearing on his motion. When we are presented with an appeal from a summary denial of such a motion, this court is in the same position as the district court and will review the m... More...   $0 (09-18-2018 - KS)

Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...
   $0 (09-18-2018 - ND)

Oglala Sioux Tribe, et al. v. Lisa Fleming, Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti District Court Dakota Federal Courthouse - Rapid City, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna
Pappan and Lisa Young brought this action against various South Dakota officials
under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by
the State to remove children temporarily from their homes in exigent circumstances.
The plaintiffs alleged that the defendants were engaged in on... More...
   $0 (09-18-2018 - SD)

State of Tennessee v. Maurice Gray MoreLaw Suites - The Best Place In Tulsa To Practice Law MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

On February 12, 2015, the Shelby County Grand Jury indicted Defendant on charges of aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, convicted felon in possession of a firearm, convicted felon in possession of a handgun, and evading arrest. Jury trial Marcus Merriweather, the victim, testified that he had been previously convicted of posse... More...   $0 (09-17-2018 - TN)

Kashiya Nwanguma v. Donald J. Trump Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Plaintiffs participated in a Trump for President campaign rally in Louisville in March 2016 . . . with the purpose of protesting. Perceived to be disruptive, they were unceremoniously ushered out after then-candidate Donald J. Trump said, “Get ’em out of here.” Plaintiffs were pushed and shoved by members of the audience as they made their exit and now seek damages from Trump alleging his actions ... More...   $0 (09-17-2018 - kY)

Lauren E. v. Lewisville Independent School District Eastern District of Texas Federal Courthouse - Beaumont, Texas

Lauren C., a young woman with disabilities previously in the Lewisville Independent School District, appeals the district court’s decision denying her attorneys’ fees under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. While we rely on different grounds, we AFFIRM the district court’s judgment that Lauren is not a prevailing party for fee purposes.
The und... More...
   $0 (09-17-2018 - TX)

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)

STATE OF OHIO v. ROBERT D. PIERCE, JR.

Defendant-appellant Robert D. Pierce, Jr., appeals his conviction and
sentence for one count of violating a protection order, in violation of R.C. 2919.27(A)(1),
a felony of the fifth degree.
{¶ 2} On October 13, 2017, Pierce was indicted for one count of violating a
protection order. At his arraignment on November 16, 2017, Pierce stood mute, and the
trial court entered ... More...
   $0 (09-16-2018 - OH)

State of Iowa v. Derek E. Ueligger

On November 2, 2016, Ueligger operated a vehicle while under the
influence of multiple controlled substances. Ueligger’s vehicle crossed the center
line on a highway and struck a vehicle carrying four women. Two women, Dawn
Christensen and Norma Caltrader, died as a result of the accident. The other two
women, Marilyn Ehrsam and Betty Schultz, were seriously injured.
O... More...
   $0 (09-15-2018 - IA)

Austin Lee Murray v. State of Iowa

Austin Murray appeals the summary dismissal of his application for
postconviction relief (PCR). Murray’s application challenges the imposition of
lifetime parole and lifetime placement on the sex-offender registry upon his guilty
plea to one count of lascivious acts with a child, in violation of Iowa Code section
709.8(1) (2015).
Generally PCR proceedings are reviewed fo... More...
   $0 (09-15-2018 - IA)

Anthony S. Jones v. Great River Medical Center and Maria Schnitzer, M.D.

On April 28, 2015, Jones sought treatment for a “cardiac event” at Great
River’s emergency room (ER). Jones alleges during his visit, ER doctor Schnitzer
breached her duty of confidentiality by “blurting out a statement” that he “just tested
positive for methamphetamine in his bloodstream.”
On Friday, April 28, 2017, at 11:58 p.m., counsel for Jones filed a petition
aga... More...
   $0 (09-15-2018 - IA)

Craig Helmick and Rita Adam v. Louisa County Board of Supervisors

Craig Helmick and Rita Adam appeal the district court’s dismissal of their
petition for writ of certiorari. Helmick and Adam were appointed chairman and
vice-chairman, respectively, of the Louisa County Board of Health (BOH) by the
Louisa County Board of Supervisors (BOS) for three-year terms. After a
disagreement regarding salary increases for employees of the BOH, the BOS <... More...
   $0 (09-15-2018 - IA)

STATE OF LOUISIANA Vs. TIMREK ANDREWS

On October 15, 2013, defendant, Timrek Andrews, was arrested following a
traffic stop by two New Orleans Police Department (“NOPD”) officers for a
damaged driver-side mirror on defendant’s vehicle. During the traffic stop, the
officers requested defendant exit and step to the rear of the vehicle for officer
safety. After defendant exited the vehicle, the officers observed def... More...
   $0 (09-14-2018 - LA)

ROBERT WILLIAM GUTY v. THE STATE OF WYOMING

Robert William Guty was a nurse at the Northern Wyoming Surgical Center in Cody, Wyoming. He was charged with sexually assaulting a sedated female patient while she was undergoing a surgical procedure on her foot. In response to Mr. Guty’s Motion for Disclosure of 404(b) Evidence, the State filed its Notice of Intention to Use Specific Evidence, which described the testimony of five nurses whose... More...   $0 (09-12-2018 - WY)

SANCTUARY CONDOMINIUM ASSOCIATION INC. vs. CHRISTINE E. CASTRO

On June 2, 2015, Sanctuary filed a complaint against Castro in the Garfield
Heights Municipal Court seeking a personal judgment for $8,577.45 for the post-petition
Sanctuary Assessments and legal fees. Sanctuary claimed that there were no proceeds
available for distribution from the foreclosure sale of the Castro Unit to satisfy the
judgment.
{¶3} On October 21, 2015... More...
   $0 (09-12-2018 - OH)

STATE OF OHIO vs. ELDER R. MEADE

This is an appeal from Scioto County Common Pleas Court judgments that imposed
a restitution order and denied a motion to withdraw a guilty plea. Elder Meade, defendant below
and appellant herein, assigns the following errors for review:
FIRST ASSIGNMENT OF ERROR:

“THE TRIAL COURT IMPROPERLY FAILED TO ORDER A RESTITUTION HEARING AFTER THE APPELLANT QUESTIONED THE AMOUNT... More...
   $0 (09-11-2018 - OH)

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