Hague Convention Law
 
Commonwealth v. Chappell

On January 20, 2011, Stephanie Moulton, a
residential counsellor at a mental health facility in Revere,
was killed while she was at work. The defendant, a resident of
the facility, was charged with her murder. Principally at issue
at the defendant's subsequent jury trial was his mental state at
the time of the killing; the defendant presented a defense of
lack of cr... More...
   $0 (11-23-2015 - MA)

Purdue Pharma L.P. et al v. Amneal Pharmaceuticals, LLC

The anticipating reference need not explicitly spell out each element of the anticipated patent claim, but rather can teach a claim limitation if the “teaching is inherent in the [] prior art reference.” Corning Glass Works v. Sumitomo Elec. USA, Inc., 868 F.2d 1251, 1262 (Fed. Cir. 1989). To show inherent anticipation, a defendant must demonstrate clearly and convincingly that a claim limitation ... More...   $0 (11-17-2015 - NY)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or ... More...
   $0 (11-16-2015 - NM)

Spurlino Materials of Indianapolis, LLC v. NLRB

The petitioner’s employees conducted a strike that they said was intended to protest the company’s unlawful termination of and failure to reinstate a prominent union supporter. At the same time, they honored a clause in an agreement they had with the company not to strike -- for any reason -- on one particular construction project. The National Labor Relations Board (NLRB) found that the strike ... More...   $0 (11-13-2015 - DC)

Moses v. Skandera

Since the adoption of the New Mexico Constitution on January 21, 1911, New
4 Mexico has had a constitutional responsibility to provide a free public education for
5 all children of school age. N.M. Const. art. XII, § 1. However, “no part of the
6 proceeds arising from the sale or disposal of any lands granted to the state by
7 congress, or any other funds appropriated, levied or... More...
   $0 (11-12-2015 - NM)

Tai A. Pham v. State of Florida & Tai A. Pham v. Julie L. Jones, etc.

Tai Pham was convicted in 2008 in Seminole County for the first-degree
murder of his estranged wife Phi Pham, the attempted first-degree murder of her
boyfriend Christopher Higgins, the armed kidnapping of his stepdaughter Lana
Pham, and armed burglary. Pham v. State, 70 So. 3d 485 (Fla. 2011). This Court
summarized the facts as follows: Pham entered Phi’s apartment where her... More...
   $0 (11-11-2015 - FL)

Mark J. Theriault v. State of Maine

We view the record of both the post-conviction proceeding and the
underlying criminal action in the light most favorable to the State as the prevailing
party. See Lamarre v. State, 2013 ME 110, ¶ 2, 82 A.3d 845. Theriault was
indicted in July 2008 for unlawful sexual contact committed in March 2008 against
a child who, at the time of the offense, was six years old. Attorney ... More...
   $0 (11-01-2015 - ME)

Walker v. McGuire

In October 2012, plaintiff, Reuben D. Walker, filed a putative class action complaint against defendant, Pamela J. McGuire, clerk of the circuit court of Will County, challenging, inter alia, the constitutionality of section 15-1504.1 of the Code. At the time the complaint was filed, section 15-1504.1 provided, in relevant part, as follows: “Filing fee for Foreclosure Prevention Program Fund. (a)... More...   $0 (10-31-2015 - IL)

CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF TEXAS v. TARRANT COUNTY DEMOCRATIC PARTY

The legal expenses at issue arise from a suit contesting Wendy Davis’s candidacy for a state
senate seat in 2008. Davis ran in the Democratic primary unopposed but faced legal challenges to
her candidacy before and after the primary. Before the primary, both this Court and the court of
appeals denied original mandamus proceedings by three citizens to remove Davis’s name from the
... More...
   $0 (10-31-2015 - TX)

United States of America v. Victor Manuel Arias Cucho

Los Angeles, CA - South American Man who Illegally Trafficked in Protected Orchids on Layover at LAX Pleads Guilty to Federal Wildlife Charge

A Peruvian national who possessed orchids in violation of an international wildlife treaty has pleaded guilty to a federal offense of illegal trade in a protected species.

Victor Manuel Arias Cucho, 46, of Lima, Peru, pleaded guilty to the ... More...
   $0 (10-30-2015 - CA)

Finger Lakes Capital Partners, LLC v. Honeoye Lake Acquisition, LLC, et al

Plaintiff Finger Lakes Capital Partners, LLC (“Finger Lakes”) is a small and
struggling asset management firm. Over the course of a decade, Finger Lakes sponsored
investments in five portfolio companies. Each time, Finger Lakes formed a different
Delaware limited liability company as a special purpose vehicle for the investment.
Non-party Lyrical Partners, L.P. (“Lyrical”) is a... More...
   $0 (10-27-2015 - DE)

Pauma Band of Luiseno Mission Indians for the Pauma & Yuima Reservation v. State of California

Sixteen years ago more than sixty Native American tribes
entered into Tribal-State Gaming Compacts with the State of
California. Sadly, the long and tortured history leading to the
culmination of these Compacts did not cease there. Rather,
litigation based on ambiguous provisions as to the number of
authorized gaming devices has ensued for most of the
duration of these Comp... More...
   $0 (10-26-2015 - CA)

United States of America v. James Hess

Cedar Rapids, IA - Maquoketa Man Sentenced to More Than Two Years in Federal Prison for Illegally Trafficking in Black Rhino Horns

A man who illegally bought and transported black rhino horns from Oregon to Iowa was sentenced to more than two years in federal prison.

James Hess, age 39, from Maquoketa, Iowa, received the prison term after a May 13, 2015, guilty plea to one count ... More...
   $0 (10-25-2015 - IA)

Greater Boise Auditorium District v. Frazier

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...   $0 (10-15-2015 - ID)

Christopher Tiplick v. State of Indiana

Synthetic cannabinoids, also known as “spice,” are compounds designed to mimic the psychoactive properties of marijuana, first reported in the United States in 2008. See Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cannabinoids Into Schedule I, 78 Fed. Reg. 28,735–39 (May 16, 2013) (to be codified at 21 C.F.R. pt. 1308.11(h)(9)–(11)). Regulation of “spice” is a part... More...   $0 (10-13-2015 - IN)

Maher Terminals LLC v. The Port Authority of New York

Although Maher Terminals, LLC (“Maher”) challenges the rent it must pay under its lease agreement (“the Lease”) with the Port Authority of New York and New Jersey (“the Port Authority”), this case is not a typical landlordtenant dispute. Maher, a landside marine terminal operator, asserts that the rent due under the Lease violates the U.S. Constitution’s Tonnage Clause, U.S. Const. art. I, § 10, c... More...   $0 (10-10-2015 - NJ)

Natural Resources Defense Counsel v. United States Department of Environmental Protection

Congress created the CWA to limit pollution in the waters of the 
United States.  See 33 U.S.C. § 1251(a) (objective of CWA is to ʺrestore and 
 within 120 days of the issuance of the  VGP, as required under 33 U.S.C. § 1369(b)(1).  Accordingly, this Court has jurisdiction  over the petitions pursuant to section 509(b)(1)(F) of the CWA, 33 U.S.C. § 1369(b)(1)(F). Congress created the ... More...
   $0 (10-07-2015 - NY)

United States of America v. Matthew Tollis

New Haven, CT - Wethersfield Man Sentenced to Prison Term for Involvement in Multiple Swatting Incidents

MATTHEW TOLLIS, 22, of Wethersfield, was sentenced by Chief U.S. District Judge Janet C. Hall in New Haven to 12 months and one day of imprisonment, followed by three years of supervised release, for participating in a series of “swatting” incidents that occurred in Connecticut and oth... More...
   $0 (10-06-2015 - CT)

United States of America v. Steven Baker and Ray Roberson

Columbia, SC - Turtle Traders Sentenced for Wildlife Trafficking

Steven Baker, age 35, of Holly Hill, and Ray Roberson, age 68, of Cottageville, have been sentenced in federal court in Charleston, South Carolina, for Wildlife Trafficking (Lacey Act violations) under 16 U.S.C. ?? 3372(a)(2)(A) and 3373(d)(2).

Baker was sentenced on September 22, 2015 by United States District Judg... More...
   $0 (09-23-2015 - SC)

Harrison v. Republic of Sudan

Plaintiffs‐appellants are sailors and spouses of sailors injured in the 
bombing of the U.S.S. Cole, who brought suit against Sudan in the D.C. District 
Court on October 4, 2010, under 28 U.S.C. § 1605A, the terrorism exception to the 
FSIA, alleging that Sudan provided material support to al Qaeda, whose 
operatives perpetrated the attack on the vessel.1   
Pursuant to ... More...
   $0 (09-23-2015 - NY)

Hernandez Espitia v. Holder v. Colvin

Luis Hernandez Espitia appeals the order of the Board of Immigration Appeals
(BIA) affirming the Immigration Judge’s (IJ) decision finding him ineligible for
adjustment of status, cancellation of removal, asylum, suspension of removal, and
After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the brief... More...
   $0 (09-19-2015 - DC)

Gregory Burley v. National Passenger Rail Corp., d/b/a Amtrak

Gregory Burley, an African-
American train engineer, claims that his employer, the
National Passenger Railroad Corporation (Amtrak),
discriminated against him because of his race in violation of
Title VII and the District of Columbia Human Rights Act.
After the engine Burley was driving passed a stop signal at
the rail yard and was forced off the rails by a safety derailer,... More...
   $0 (09-18-2015 - DC)

SD3, LLC; Sawstop, LLC v. Black & Decker (U.S.), Inc.

SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”), contend that several major table-saw manufacturers conspired to boycott SawStop’s safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market. Consequently, SawStop sued nearly two dozen saw manufacturers and affiliated entities, alleging that they violated § 1 o... More...   $0 (09-15-2015 - VA)

Common Cause Indiana v. Individual Members of the Indiana Election Commission

Indiana Code § 33-33-49-13 (“the Statute” or “the Partisan Balance Statute”) establishes the system for the election of judges to the Marion Superior Court in Marion County, Indiana. This system is unique in Indiana, as it is the only office where primary election voters do not vote for as many candidates as there are persons to be elected to that office in the general election. See Ind. Code § 3-... More...   $0 (09-13-2015 - IN)

Salmon v. Blesser

The following facts are drawn from Salmon’s complaint and are presumed 
to be true for purposes of this appeal.  See Diaz v. Paterson, 547 F.3d 88, 91 (2d 
Cir. 2008). 
On September 1, 2010, Salmon accompanied his attorney to the Albany 
City Court to examine a court file.  Because only lawyers were permitted into the 
clerk’s office where the file was kept, Salmon waited in a ... More...
   $0 (09-13-2015 - NY)

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