1.
A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se

In 2012, appellant Charles D. Leone II resigned his position as a principal
of Madison Street Partners, LLC (“MSP”). Pursuant to the terms of MSP’s
Operating Agreement, fellow principals Steven Owsley and Drew Hayworth
elected to buy Leone’s interest in MSP. The agreement required the purchase
price to be set at fair market value, as determined in good faith by MSP’s
managers,

In this removed action, plaintiff-counterdefendant’s motion to remand presents the
question whether the court has federal question jurisdiction despite the assertion of only
state-law claims in plaintiff-counterdefendant’s state court petition. Concluding that the
court does not have federal question jurisdiction, it grants the motion to remand and awards
plaintiff-counterdefenda

Seeking a judgment for $301,000 in actual damages and $1,000 in punitive damages under the Texas Theft Liability Act, Christopher Karone Turner sued three employees of the Texas Department of Criminal Justice, Correctional Institutions Division. See Tex. Civ. Prac. & Rem. Code Ann. § 134.001-.005 (West 2011). The trial court dismissed Turner’s suit. See Tex. Civ. Prac. & Rem. Code Ann. § 14.010 (W

The Attorney General filed against the defendant a complaint that included the following allegations. The defendant sold instructional DVDs, held seminars, andPage 2provided one-on-one consultations regarding bankruptcy and foreclosure laws. In May 2011, the Attorney General received information indicating that the defendant might be in violation of the Consumer Fraud Act (815 ILCS 505/1 et seq. (

The plaintiffs, Amelia Cales and Rebecca Cales, appeal from the judgment of the trial court dismissing their appeal from the decision of a Victim Compensation Commissioner (commissioner) affirming the decision of the defendant, the Office of Victim Services. On appeal, the plaintiffs claim that the trial court improperly dismissed their appeal on the ground that it lacked subject matter jurisdicti

The Oklahoma Legislature created the State Insurance Fund (Fund) in 1933 to provide workmen's compensation insurance to public employers and to private employers who were unable to secure insurance from private insurers. 1933 Okla. Sess. Laws, ch. 28 (most recently codified at 85 O.S.1991, § 131, et seq.). The Legislature established the Fund as a revolving fund 2 in the State Treasury that consis

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R

Appellee Lazaro Walck filed a Whistleblower Act1 suit against his employer, the City of Lubbock. When the trial court denied the City’s plea to the jurisdiction, the City brought this interlocutory appeal.2 We will reverse and render in part, vacate and dismiss in part, and otherwise affirm the order of the trial court.
1 The Texas Whistleblower Act is contained in chapter 554 of the Texas Gov

In a single issue, Clinton Adams appeals the trial court’s decision to grant a plea to the jurisdiction. We affirm the trial court’s order. Because all issues are settled in law, we issue this memorandum opinion. TEX. R. APP. P. 47.4.
BACKGROUND FACTS
On July 28, 2011, Adams was involved in a car accident with Adeba Ghebrekidan. Both Adams and Ghebrekidan maintain the accident was caused b

Appellant Albert Gustava Gerhart was tried by jury and convicted of Blackmail (Count I) (21 O.S.2011, § 1488), and Violation of the Computer Crimes Act (Count II) (21 O.S. 2011, § 1958), in Case No. CF-2013-2179, in the District Court of Oklahoma County. The jury recommended as punishment a fine of $1,000.00 in Count I and the trial court sentenced accordingly. No fine was recommended in Count II.

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial court’s orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o

These consolidated cases arise from a sting operation designed to determine
if police officers in the Kansas City, Kansas Police Department’s (KCKPD)
SCORE Unit were stealing from residences while executing search warrants. As
a result of the sting operation, three officers were indicted and pled guilty to
- 2
federal crimes.1 The remaining officers brought claims under 42 U

Having reviewed the record herein, including (i) the Court's Decision & Order, dated
April 15, 2015 ("April 15 Decision," attached hereto as Emibit A), which, among other
things, found that the Court has subject matter jurisdiction to e)(amine Plaintiff Barbara
Duka's contention that the U.S. Securities and £)(change Commission's ("SEC" or
"Commission" or "Defendant") administrativ

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L

On the night of March 23, 2010, Sergeant Randy Baker of the Tulia, Texas Police Department followed Israel Leija, Jr., to a drive-in restaurant, with a warrant for his arrest. 773 F. 3d 712, 715–716 (CA5 2014). When Baker approached Leija’s car and informed him that he was under arrest, Leija sped off, headed for Interstate 27. 2013 WL 4017124, *1 (ND Tex., Aug. 7, 2013). Baker gave chase and wa

Michael Steven Morgan, an attorney and politician, appeals from a bribery
conviction. See 18 U.S.C. § 666. As he would have it, the evidence was insufficient to
convict and the jury was not properly instructed on specific intent. Not only that, but he
should have a new trial because the government failed to disclose tacit agreements with a
- 2 -
witness. The government’s cross-

The accused, a reservist recalled to active duty, was a
major assigned to the 348th Military Police Battalion, Fort
Bliss, during the times relevant to this case. In May 2009, the
accused’s wife, Mrs. MS, made a complaint to the Allen County,
Indiana, Sheriff’s Department that the accused had molested
their daughter, Miss MS,2 between 2007 and 2009. Miss MS was
betw

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven fac

Because Atterbury appeals from the grant of a motion to dismiss under
Fed. R. Civ. P. 12(b)(1) and (b)(6), we draw the following facts from the complaint
and accept them as true for the purposes of this appeal.1  Loginovskaya v.
Batratchenko, 764 F.3d 266, 268 n.2 (2d Cir. 2014).
USMS provides security services for United States courts and judicial
officers, and contracts with 

From 1983 until 1995, Mr. Mandich was a limited partner in Lone Wolf McQuade. LWM was the subject of a partnership proceeding beginning in July of 1991 pursuant to TEFRA. During a TEFRA partnership proceeding, the IRS audits the partnership and makes certain partnership-level determinations, the impact of which flow through to the individual partners who are responsible for reporting those items

In 2013, appellant Don Airsman, Jr. was found guilty by a Hempstead County jury of
first-degree murder and was sentenced to life imprisonment. This court affirmed. Airsman v.
State, 2014 Ark. 500, 451 S.W.3d 565. Airsman subsequently filed a verified, pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2015) in the trial court. He raised four

Amir Meshal filed this Bivens action, see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against several agents of the Federal Bureau of Investigation (“FBI”), claiming they violated his Fourth and Fifth Amendment rights when they detained, interrogated, and tortured him over the course of four months in three African countries. Meshal insists a Bivens remedy

CSX maintains a railroad track in Hampton County, which passes through the town of Yemassee. At issue in this case is the passive-grade crossing at Hill Road near state Highway 68. The crossing has no active traffic-control devices such as lights or gates. Vehicle traffic is controlled by a stop sign, a stop line, and a cross-buck that is similar to a "Yield" sign as it is an X-shaped sign with t

Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick