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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)

United States of America v. Antonio Glass, Jerimaine Bryant, Samule Hayes, Curtis Bryant, Levi Bryant, Michael Walker, Reginald Graham, Daniel Jones, Torivis Ingram, Mario Rodriguez United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Miami, FL - Miami-Based Violent Criminal Enterprise Members and Associates Convicted at Trial

Charges of Conviction Included Racketeering, Drug Trafficking, Armed Robberies, and Firearms Used in Furtherance of Drug Trafficking and Violent Crimes


Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Special Agent in Charge Ari C. Shapira for the ... More...
   $0 (09-17-2018 - FL)

In the Interests of J.D.P., J.L.T., and T.K.C., Minor Children. MoreLaw Suites - The Best Place In Tulsa To Practice Law

Mother is the biological mother of J.D.P., J.L.T., and T.K.C. Each child has a different father. In this appeal we are only concerned with the issue of the termination of Mother's rights. The record is extensive but a brief overview of the proceedings is helpful to an understanding of the issues on appeal. J.D.P., J.L.T., and T.K.C. were all adjudicated to be CINC in separate legal proceedings ... More...   $0 (09-17-2018 - KS)

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. 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)

Equal Employment Opportunity Commission v. Costco Wholesale Corporation Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thomp-son, a customer of Costco, for over a year. Things got so bad
* Of the Eastern District of Wisconsin, sitting by designation.
2 Nos. 17-2432 & 17-2454
at the end that Suppo secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leav... More...
   $0 (09-13-2018 - IL)

United States of America v. Oristel Soto-Peguero District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Norwood Man Sentenced to 22 Years in Federal Prison for Heroin Trafficking

Defendant shot at the front door when officers arrived at his home

A Norwood man was sentenced on September 12, 2018 in federal court in Boston for distributing heroin in the Taunton area.

Oristel Soto-Peguero, 25, was sentenced by U.S. District Court Judge Rya W. Zobel to 22 years in... More...
   $0 (09-12-2018 - MA)

United States of America v. Joe Simmons a/k/a "Profit" District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Boston Man Sentenced for Distributing Drugs in and Around Public Housing Development

An identified Boston gang member was sentenced on September in federal court in Boston for distributing drugs in and around the Mildred C. Hailey Apartments in Jamaica Plain.

Joe Simmons, a/k/a “Profit,” 30, was sentenced by U.S. District Court Judge Denise J. Casper to seven years i... More...
   $0 (09-12-2018 - MA)

Amanda Kondrat'Yev v. City of Pensacola, Florida United States District Court for the Northern District of Florida Federal Courthouse - Pensacola, Florida

The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...
   $0 (09-12-2018 - FL)

Bogustawa Frey v. North Coleman Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...
   $0 (09-11-2018 - IL)

Friends of Riverside's Hills v. City of Riverside, Carlton R. Lofgren as Trustee etc.

Real parties in interest Carlton and Raye Lofgren, as Trustees of the Lofgren
Family Trust and the Lofgren 1998 Trust (the Lofgrens), sought a residential
development permit to build six single-family homes on a parcel of just over 11 acres in
Riverside. After respondent City of Riverside (the City) approved the permit and issued
a negative declaration stating the development did n... More...
   $0 (09-11-2018 - CA)

Christopher M. Dillard v. State of Indiana

At approximately 9:30 p.m. on April 19, 2017, Dillard was taken into custody
and transported to the Chesterton Police Department for questioning regarding
the death of Nicole Gland (“Nicole”), whose body police had found earlier that
day. At 10:30 p.m., Chesterton Chief of Police David Cincoski (“Cincoski”)
entered the interview room where Dillard was being held, and he advised... More...
   $0 (09-10-2018 - IN)

Christopher Lewis v. State of Tennessee

The Petitioner was convicted of second degree murder for the killing of his wife, Amy Lewis, “whose body was found inside the couple’s home on August 1, 2010.” State v. Christopher Lewis, No. M2013-00212-CCA-R3-CD, 2013 WL 6199278, at *1 (Tenn. 09/07/2018 -2 Crim. App. Nov. 27, 2013), perm. app. denied (Tenn. Apr. 10, 2014). The trial court imposed a fifteen-year sentence for the conviction. I... More...   $0 (09-09-2018 - TN)

San Franciscans for Livable neighborhoods v. City and County of San Francisco

After preparing an environmental impact report (EIR) defendant City and County
of San Francisco (City) approved revisions of the housing element of its general plan.
San Franciscans for Livable Neighborhoods (SFLN) filed a petition for writ of mandate
challenging the adequacy of City’s EIR. The trial court denied relief and we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. The... More...
   $0 (09-09-2018 - CA)

Danielle McGaughy v. Laclede Gas Company, d/b/a Spire

St. Louis, MO - Danielle McGaughy sued Laclede Gas Company, d/b/a Spire on a civil rights job discrimination (race) theory claiming that he was subjects to a hostile work environment and was passed over for promotion.... More...   $8500000 (09-08-2018 - MO)

United States of America v. Betty Miller United States District Court for the District of Vermont

Burlington, VT - Former Senior Living Facility Resident Sentenced to 5 Years of Probation and a $10,000 Fine for Possession of Ricin

Betty Miller, 71, formerly of Shelburne, Vermont, was sentenced on September 6, 2018 by the Honorable Christina Reiss to a term of five years of probation, including extensive mental health treatment, following her plea to knowingly possessing ricin in viola... More...
   $0 (09-06-2018 - VT)

Brittany Harris v. Kimberly Klase Eastern District of Kentucky Federal Courthouse - Covington, Kentucky

Seventeen-year-old Brittany Harris was a passenger in her family’s minivan when it was pulled over by police officers in Erlanger, Kentucky. Later,
>
No. 17-6051 Harris v. Klare Page 2
Officer Kimberly Klare was summoned to escort Harris to a nearby restroom and, while doing so, searched her in allegedly inappropriate and unlawful ways. Harris brought suit under 42 U.S.C. § 1983, claim... More...
   $0 (09-06-2018 - KY)

Salvador Paez v. The State of Texas

Paez was charged with continuous sexual abuse of two girls, sisters aged four and five. See id. The mother of the children described at trial how the family knew Paez and the circumstances that allowed him access to her girls. She explained that Paez lived in an apartment near her family’s apartment. She and her husband have seven children, including the two young girls, Carmen Cibrian and... More...   $0 (09-02-2018 - TX)

Charlene Richard v. Regional School Unit 57 District of Maine Federal Courthouse - Portland, Maine

Charlene Richard, formerly a
kindergarten teacher at Waterboro Elementary School, sued Regional
School Unit 57 ("RSU 57"), claiming that by retaliating against
her for her advocacy on behalf of students with disabilities, it
violated the Americans With Disabilities Act, Rehabilitation Act,
Maine Human Rights Act, and Maine Whistleblower Protection Act.
After a five-day benc... More...
   $0 (09-01-2018 - ME)

STATE OF KANSAS v. ROBERT J. ATHERTON

In February 2015, Robert Atherton pled guilty to aggravated assault, a severity level 7 person felony, and unlawful discharge of a firearm in a city, a class B misdemeanor. In April 2015, the district court sentenced Atherton to 31 months in prison but granted his dispositional departure motion and placed him on probation from that sentence for 24 months.

Atherton committed his first ... More...
   $0 (08-31-2018 - KS)

Richard Grissom v. Raymond Roberts, et al. District of Kansas Federal Courthouse - Topeka, Kansas

Richard Grissom, a prisoner in the custody of the Kansas Department of
Corrections, brought suit under 42 U.S.C. § 1983 against a number of state corrections
and prison officials (collectively the Prison Officials), alleging violations of his
constitutional rights stemming from his lengthy placement in solitary confinement. The
district court granted summary judgment against Grisso... More...
   $0 (08-30-2018 - KS)

Erin R. Kemp v. United States Department of Education Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

The Appellant, Erin R. Kemp, appeals the order of the bankruptcy court1
denying her request for discharge of her student loan obligations to the United States
Department of Education (“DOE”) under 11 U.S.C. § 523(a)(8). We have jurisdiction
over this appeal. See 28 U.S.C. § 158(b). For the reasons that follow, we affirm.
ISSUE
The ultimate issue on appeal is whether the bankrup... More...
   $0 (08-28-2018 - AR)

Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

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