Immunity Law
 
Ford Motor Co. v. United States

In this action, Plaintiff Ford Motor Company challenges, inter alia, the determination of the
U.S. Customs Service1 that 17 drawback claims filed by Ford prior to December 3, 2004 (the
“Drawback Claims”) were not deemed liquidated pursuant to 19 U.S.C. § 1504(a)(2), the statutory
amendment enacted by Congress in December 2004 to expressly provide for the deemed liquidation
of aging

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State Of Connecticut v. Davaloo

This certified appeal addresses the scope of the marital communications privilege codified in General Statutes § 54-84b.1 The defendant, Sheila Davalloo, was convicted, after a jury trial, of murder in violation of General Statutes § 53a-54a. The defendant appeals from the judgment of the Appellate Court affirmingthatconvictionafterconcludingthatherstatements to her husband, Paul Christos, did not

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Randy L. Thornton v. State of Indiana

Plaintiff Randy Thornton brought multiple claims against several defendants arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired. The trial court dismissed his claims against all defendants. The Court of Appeals affirmed in a memorandum decision. Thornton v. State of Indiana, No. 49A02-1409-PL-662 (Ind. Ct. App. August 14, 201

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Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC,

In 2013, Arrow, a Delaware limited liability company, hired 3 Bears, a North Dakota limited liability company, to be the general contractor for the construction of a pipeline located on a right-of-way easement acquired by Arrow from the Bureau of Indian Affairs over Indian trust land on the Fort Berthold Indian Reservation. See 25 U.S.C. §§ 321 and 323. The easement was "for the purpose of install

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United States v. Pascual Santiago–Méndez, Luis Enrique Ruperto–Torres, Anthony Domínguez–Colón, and Víctor Gerardo Cortés–Cabán

We are presented with highly troubling instances of abuses of police power, including the disturbing practice, conducted by certain members of the Mayagüez Drugs and Narcotics Division of the Puerto Rico Police Department, of planting evidence and conducting illegal searches and seizures in violation of the Fourth Amendment. Defendants–Appellants Pascual Santiago–Méndez (“Santiago”), Antho

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Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on
April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and
Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count
complaint in the district court alleging various constitutional violations under 42
U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985, and

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Shimomura v. Carlson

Mr. Tsutomu Shimomura claims that an officer with the Denver
Police Department (Wade Davis) and an agent with the Transportation
Security Administration (Kendra Carlson) made an arrest without probable
cause and conspired to fabricate grounds for the arrest. For these claims,
Mr. Shimomura invoked 42 U.S.C. § 1983 and Bivens v. Six Unknown
Named Agents of Federal Bureau of

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United States v. Edwards

Task Force Officer Chris Cornwell, a seven-year veteran Deputy with the Tulsa
County Sheriff’s Office who had been assigned to Homeland Security Investigations for
one year, drafted the search-warrant affidavit provided to the reviewing magistrate judge.
The affidavit indicated that in 2011, Homeland Security agents began investigating users
of an internationally hosted website

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State Of South Carolina v. Ortho-McNeil-Janssen Pharmaceuticals

Appellant Ortho-McNeil-Janssen Pharmaceuticals (Janssen) is a pharmaceutical company that manufactures the antipsychotic drug Risperdal. Risperdal is among a class of drugs prescribed primarily for the treatment of schizophrenia. The Attorney General of South Carolina believed that Janssen had violated the South Carolina Unfair Trade Practices Act (SCUTPA)2 by engaging in unfair methods of compet

More...   $248649400 (12-28-2015 - NC)

PATRICK DEON RAGLAND V. COMMONWEALTH OF KENTUCKY

On December 28, 2010, Kerry Mitchell was found dead in a closet in his
unlocked apartment. His body was bruised and bloody, and decomposing. A
strap from a gym bag was wrapped around his neck, and a bloody footprint
was visible on the back of his shirt. The medical examiner attributed Mitchell's
death to two causes: loss of blood and lack of sufficient oxygen to vital organs

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PATRICK DEON RAGLAND V. COMMONWEALTH OF KENTUCKY

On December 28, 2010, Kerry Mitchell was found dead in a closet in his
unlocked apartment. His body was bruised and bloody, and decomposing. A
strap from a gym bag was wrapped around his neck, and a bloody footprint
was visible on the back of his shirt. The medical examiner attributed Mitchell's
death to two causes: loss of blood and lack of sufficient oxygen to vital organs

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United States v. White

Mr. White took indecent liberties with a child in North Carolina on February 6, 2005, in violation of section 14-202.1 of the North Carolina Criminal Code. On July 27, 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA). Mr. White was indicted by the State of North Carolina on December 11, 2006, and convicted on February 14, 2007. On February 28, 2007, two weeks after

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State Of Minnesota v. Washington-Davis

In August 2013, appellant Antonio Dion Washington-Davis was charged by amended complaint with seven prostitution-related offenses, which allegedly occurred between September 2010 and July 2012. The state also charged four of appellant's relatives with similar prostitution-related offenses: appellant's brother, Otis Washington; his uncles, Calvin Washington and Robert Washington; and the mother of

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Perry v. Agriculture Dept

On November 29, 2011, Perry arrived at the Federal Transfer Center in Oklahoma City, Oklahoma ("FTC-Oklahoma), but was separated from other intake inmates because "he was being housed in [the Special Housing Unit ("SHU")] due to a 2007 assault in Kentucky." [Record No. 1, p. 11, ¶¶ 84-85] Perry states that he was "subjected to metal detectors and X-ray body scans due to suspicion of alleged contra

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Miccosukee Tribe of Indians of Florida v. Billy Cypress, et al

The Plaintiff, the Miccosukee Tribe, is a federally registered tribe in Southern Florida. The defendants include: (1) Billy Cypress, the Tribe's former Chairman; (2) Julio Martinez, the Tribe's former CFO; (3) Miguel Hernandez, the
Tribe's former Director of the Department of Finance; (4) Guy Lewis, a non Tribal-member attorney in Miami; (5) Michael Tein, a non-Tribal-member attorney in Miam

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USA v. Mehran Javidan

Mehran Javidan (“Javidan”) and Vishnu Pradeep Meda (“Meda”) worked together at Acure Home Care (“Acure”). Javidan, as a part-owner, handled the daily operations. Meda worked for Acure as a physical therapist.
In mid-2008, Javidan approached her friend Muhammed Shahab (“Shahab”) for help entering the home-health business. At that time, Shahab was involved with at least two fraudulent home-

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United States of America v. Vishnu Meda

Mehran Javidan (“Javidan”) and Vishnu Pradeep Meda (“Meda”) worked together at Acure Home Care (“Acure”). Javidan, as a part-owner, handled the daily operations. Meda worked for Acure as a physical therapist.
In mid-2008, Javidan approached her friend Muhammed Shahab (“Shahab”) for help entering the home-health business. At that time, Shahab was involved with at least two fraudulent home-

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AT&T Corp v. Core Communications Inc

Congress passed the Telecommunications Act of 19961 (TCA) to “fundamentally restructure[] local telephone markets.”2 Before the TCA, local telephone service companies operated as government-regulated monopolies. “States typically granted an exclusive franchise in each local service area to a local exchange carrier (LEC).”3 One of the TCA’s principal aims “was to end local telephone monopolies a

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Shemtov Michtavi v. William Scism

While he was incarcerated at Allenwood, Michtavi received an operation to treat his prostate. The Federal Bureau of Prisons (“BOP”) contracted with Dr. Chopra, who was not a BOP employee, to perform the surgery. After the surgery, Michtavi noticed that the quantity of his ejaculate had reduced. He was diagnosed with retrograde ejaculation. He asked the BOP to treat this problem “because when

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Christus Health Gulf Coast d/b/a Christus St John Hospital v. Jay Houston

This is a medical-malpractice case. Christus Health Gulf Coast contends
that the trial court improperly excluded expert testimony, miscalculated damages,
and failed to order periodic payments. We modify and affirm.2
Background
Following surgery on his shoulder, plaintiff-appellee Jay Houston sued
defendant Dr. Marston Holt (the orthopedic surgeon who performed the surgery)

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Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL
leased its vehicles and provided drivers to QC, which operated “a bulk tank truck
network serving the chemical, bulk liquid, and energy markets.” App. 155. QC
contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking
sites, operated by Anadarko, an oil and gas producer and o

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BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe

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State Of Minnesota v. Washington-Davis

In August 2013, appellant Antonio Dion Washington-Davis was charged by amended complaint with seven prostitution-related offenses, which allegedly occurred between September 2010 and July 2012. The state also charged four of appellant's relatives with similar prostitution-related offenses: appellant's brother, Otis Washington; his uncles, Calvin Washington and Robert Washington; and the mother of

More...   $0 (12-18-2015 - MN)

State Of Kansas v. Delacruz

Jose Delacruz was convicted of direct criminal contempt of court and was sentenced to 9 years' imprisonment. On appeal, Delacruz raises six issues: (1) that he was exercising his right to remain silent under the Fifth Amendment to the United States Constitution; (2) that a special prosecutor should have tried the case; (3) that his contempt was a single ongoing event rather than three separate eve

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United States of America v. Gordon Potter

Concord, NH - New Hampshire Man Sentenced On Firearms Charges

Gordon Potter, 35, formerly of Hampstead, New Hampshire, was sentenced to a term of 92 months’ imprisonment to be followed by a 3 year term of supervised release.

In August 2015, Potter pleaded guilty to a four count indictment charging him with three counts of possession of ammunition and firearms, in viola

More...   $0 (12-16-2015 - NH)

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AK Morlan
Kent Morlan, Esq.
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