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DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

TROY DANIEL DOWELL vs. STATE OF IOWA Troy Daniel Dowell - Registered Sex Offender

We have previously summarized the relevant facts and circumstances of
the underlying offense and early proceedings:
Dowell, who has three children, was convicted of several crimes, including neglect of a dependent. The district court entered a sentencing no-contact order restraining Dowell from having any contact with his children. The order was to remain in effect until July 15, 2013... More...
   $0 (07-08-2018 - IA)

Timothy Weakley v. Eagle Logistics, Celadon Trucking Northern District of Alabama Federal Courthouse - Birmingham, Alabama

In this consolidated appeal, Timothy Weakley appeals the district court’s grant of summary judgment against him in favor of Eagle Logistics Services and Celadon Trucking Services, and its grant of summary judgment against him (in a separate lawsuit) in favor of Jennifer Roberts and Quality Companies. Weakley contends that the district court abused its discretion by dismissing his two lawsuits base... More...   $0 (07-02-2018 - AL)

Nile Ali Irsan v. The State of Texas Court of Appeals Ninth District of Texas at Beaumont

On November 13, 2014, Appellant Nile Ali Irsan was indicted for providing
a prohibited substance to a person who was in the custody of a correctional facility.
See Tex. Penal Code Ann. § 38.11(a) (West Supp. 2017).1 Irsan pleaded guilty
pursuant to a plea agreement, and on December 4, 2014, the trial court deferred
adjudication and placed Irsan on community supervision for a pe... More...
   $0 (06-30-2018 - TX)

Mia M. Shields v. The United States Portal Service District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Mia M. Shields appeals the dismissal by the United States District Court
for the District of Colorado of her third amended complaint (the Complaint), which
alleged that her former employer, the United States Postal Service (Defendant), had
violated the Equal Pay Act (EPA), 29 U.S.C. § 206.1 Defendant had moved to dismiss on
the ground that the claim was barred by the EPA ... More...
   $0 (06-30-2018 - CO)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - CA)

Adrian Durden Appellant -v– State of Indiana

Adrian Durden’s first trial for murder resulted in a hung jury. He was tried a second time for murder along with eight drug-related charges. Just under two hours after the jury had begun its deliberations, one of the jurors—Juror 12—sent a note to the court requesting to be excused from service because she “[could] not agree quickl[y] on the charges [or] come to a decision on the charges.” Appella... More...   $0 (06-26-2018 - IN)

Randy D. Pearce v. Chrysler Group, LLC Pension Plan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Randy Pearce, a long-time employee of Chrysler Group LLC, was a participant in the Chrysler Group LLC Pension Plan (“Plan”).
>
No. 17-1431 Pearce v. Chrysler Grp. LLC Pension Plan Page 2
Under the Plan’s terms, Pearce had earned an early retirement supplement, called “30-and-Out benefits.” He relied on the Summary Plan Document (“SPD”), provided by Chrysler to Plan participants, which ... More...
   $0 (06-26-2018 - MI)

Rana Samara v. Haitham Matar

When a trial court judgment rests on more than one ground, it may be
impossible for a losing party to obtain appellate review of all of the court’s
determinations. In a breach of contract action, for example, a trial court might
grant a defense motion for summary judgment because no contract was formed,
and because in any event there was no breach. On direct review, an appellateMore...
   $0 (06-26-2018 - CA)

Megan Moore v. Apple Central, LLC Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

This is an interlocutory appeal under 28 U.S.C. § 1292(b) of an order of the
district court1 dismissing plaintiff Megan Moore’s (“Moore”) state law claims against
defendant Apple Central, LLC (“Apple Central”), as preempted by the remedial
1The Honorable P.K. Holmes, III, Chief Judge of the United States District
Court for the Western District of Arkansas.
provisions of the Emp... More...
   $0 (06-25-2018 - AR)

Michael Currier v. Virginia United States Supreme Court Building - Washington, D.C.

JUSTICE GORSUCH announced the judgment of the Court
and delivered the opinion of the Court with respect to
Parts I and II, and an opinion with respect to Part III, in
which THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE
ALITO join.
About to face trial, Michael Currier worried the prosecution
would introduce prejudicial but probative evidence
against him on one count tha... More...
   $0 (06-25-2018 - DC)

Carol E. Wassmann v. South Orange County Community College District

Appeal from a judgment of the Superior Court of Orange County, Frederick
P. Aguirre, Judge. Affirmed. Request for Judicial Notice. Granted in part and denied in
part. Motion to strike Appellant’s opening brief. Denied.
Carol E. Wassmann, in pro. per., for Plaintiff and Appellant.
Walsh & Associates, Dennis J. Walsh and Matthew C. Wallin for
Defendants and Respondents South Oran... More...
   $0 (06-25-2018 - CA)

Sandra Slater v. U.S. Steel Corporation Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Sandra Slater failed to disclose to the Bankruptcy Court in her pending Chapter 7 case the employment discrimination claims she was prosecuting in the instant case against U.S. Steel Corporation. Upon discovering Slater’s failure to disclose the claims to the Bankruptcy Court, U.S. Steel, citing our precedent in Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), moved the District Cou... More...   $0 (06-21-2018 - AL)

Simone Mielnicki v. Wal-Mart Stores, Inc. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Simone Mielnicki sued her former employer, Wal-Mart Stores, Inc. (Walmart),
under the Americans with Disabilities Act (ADA) and the Colorado
Anti-Discrimination Act for discrimination on the basis of disability and under the
Colorado Wage Claim Act for unpaid compensation. She appeals the district court’s
grant of summary judgment in favor of Walmart on her ADA claim. ExercisingMore...
   $0 (06-20-2018 - CO)

Lois Davis v. Fort Bend County Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Once again Lois Davis appeals the district court’s dismissal of her
lawsuit against her former employer, Fort Bend County. We previously
reversed and remanded, and we do so again today.
I.
Lois Davis was an information technology supervisor for Fort Bend
County. Davis filed a complaint with Fort Bend’s Human Resources
Department alleging that the information technology dire... More...
   $0 (06-20-2018 - TX)

United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate... More...
   $0 (06-20-2018 - NM)

Ex Parte Brandon Joseph Adams

In a single issue on appeal, Adams contends that the trial court erred when it denied habeas relief. Adams argues that the doctrine of collateral estoppel, as embodied in the Double Jeopardy Clause of the Fifth Amendment, bars prosecution in this cause. See U.S. CONST. amend V. The Supreme Court determined years ago that the doctrine of collateral estoppel is embodied within the Fifth Amendment... More...   $0 (06-16-2018 - TX)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

STATE OF KANSAS v. JOSIAH R. BUNYARD

In September 2015, Bunyard pled guilty to one count of possession of methamphetamine. The presentence investigation report scored Bunyard's criminal history as A, based in part on combining six prior adult misdemeanor battery convictions into two adult person felony convictions. Bunyard filed a motion objecting to his criminal history and argued that these convictions should not be scored because ... More...   $0 (06-12-2018 - KS)

United States of America v. James Douglas Hayes District of Utah Federal Courthouse - Salt Lake City, Utah

A jury convicted James Hayes of several offenses related to distributing
methamphetamine, and the district court sentenced him to 20 years in prison. Hayes
appeals only his sentence. He argues the district court erred by sentencing him
within the enhanced range for defendants with a prior felony drug conviction, and by
not affording him the opportunity to speak on his own behalf be... More...
   $0 (06-10-2018 - UT)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Richard Pike v. J. Brad Hester District of Nevada Federal Courthouse - Las Vegas, Nevada

In 2011, J. Brad Hester, a sheriff’s sergeant, conducted an
after-hours dog search of Richard Pike’s locked office. Pike
successfully petitioned a state court for an order of protection
against Hester. Pike later sued Hester in federal district court,
claiming that the search violated his Fourth Amendment
rights. In district court, Pike moved to preclude from
relitigation c... More...
   $0 (06-06-2018 - NV)

James C. Mason, a/k/a Jim Mason v. Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA.

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...
   $0 (06-05-2018 - CO)

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