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Interlocutory Appeal Law
 
Herman N. Nunes v. HIE Holdings, Inc. Federal Courthouse - Honolulu, Hawaii

In 2008, Congress enacted the ADA Amendments Act
(“ADAAA”), which broadened the definition of disability
under the Americans with Disabilities Act (“ADA”),
42 U.S.C. §§ 12101 et seq. As relevant to this appeal, the
ADAAA expanded the scope of the ADA’s “regarded-as”
definition of disability. We have not opined on this issue
in the ten years since the ADAAA was enacted and s... More...
   $0 (09-19-2018 - HI)

Alec Marsh v. J. Alexander's, L.L.C. District of Arizona Federal Courthouse - Phoenix, Arizona

Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938 in response to a national concern that the price of American development was the exploitation of an entire class of low-income workers. President Roosevelt, who pushed for fair labor legislation, famously declared: “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide eno... More...   $0 (09-19-2018 - AZ)

Guadalupe A. Ontiveros v. Kent Constable

Guadalupe Ontiveros, as the minority shareholder in Omega Electric, Inc.
(Omega), sued majority shareholder Kent Constable, his wife (Karen Constable), and
Omega,1 asserting direct and derivative claims arising from a dispute over management
of Omega and its assets. In response to Ontiveros's claim of involuntary dissolution of
Omega, Appellants filed a motion to stay proceedings ... More...
   $0 (09-19-2018 - CA)

STATE OF MONTANA v. ADAM HATFIELD

On the evening of November 28, 2008, Matt Hatfield (Matt) dropped off a friend
after a day of hunting. Laterthat night, hespoke with his ex-wifeon the phone. There are
no credible accounts of anyone seeing or speaking with Mattafter that day.
¶4 Although it was not unusual for Matt to be out of contact for a few days, his absence
stretched into weeks, and friends and family m... More...
   $0 (09-18-2018 - MT)

The People of the State of Colorado v. Daniel S. Gutierrez MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Jairo Perez was shot and killed in his garage.1 A friend of the decedent stated
that he saw who committed the murder and that the murderer had fled. That witness
later positively identified the defendant, Daniel Gutierrez, as the murderer in a police
photo array.
¶3 Minutes after the murder of Perez, a man attempted to force his way into a
residence located just a bloc... More...
   $0 (09-18-2018 - CO)

Dustin Lee James v. The People of the State of Colorado MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

Dustin James was initially charged with two counts of distribution of a controlled substance, one count of possession with intent to manufacture a controlled substance, and one count of possession with intent to distribute a controlled substance, all but the last of which were dismissed before trial. He was acquitted of the charged offense of possession with intent to distribute methamphetami... More...   $0 (09-18-2018 - CO)

STATE OF NEW MEXICO v. JEANNE ROEPER, a/k/a JEANNA ROEPER MORELAW Legal Services Marketing Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work.

Defendant is the mother of three children, including fifteen-year-old J.M. 15 (Son). Son had a history of behavioral problems and had been diagnosed with 16 Attention Deficit Hyperactivity Disorder (ADHD). Defendant also cares for her 17 younger son, who is deaf and suffers from autism and Down syndrome. Along with 18 her own three children, Defendant also cares for her grandchild. 19 ... More...   $0 (09-18-2018 - NM)

STATE OF KANSAS v. ADAN ISRAEL RIVERA,

Adan Rivera pled guilty in two separate Reno County cases—Case No. 14-CR279 and Case No. 15-CR-344. In the first case, he pled guilty to possession of synthetic marijuana. In the second case, he pled guilty to two counts of possession of marijuana and one count of driving while suspended. Although Rivera fell within a presumptive imprisonment range, the district court granted him a durational depa... More...   $0 (09-18-2018 - KS)

STATE OF KANSAS v. KAB ABDI ISSA Sooner Cannabis Consultants

On August 23, 2016, Issa pled guilty to one count each of distribution of marijuana and driving while under the influence (DUI) of alcohol. In exchange, the State agreed to dismiss a possession of drug paraphernalia charge and to join Issa's sentencing request for a dispositional departure to probation. The district court sentenced Issa to a controlling prison term of 49 months but granted the par... More...   $0 (09-18-2018 - KS)

STATE OF KANSAS v. ELLIOTT MAURICE KYLES MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law

On June 2, 2013, Reginald Johnson parked his black SUV in a convenience store parking lot near 38th Street and Leavenworth Road in Wyandotte County, Kansas. After exiting the SUV, Johnson looked up and saw a man wearing a light-blue hooded sweatshirt with the hood up and his hand inside the sweatshirt pocket. Johnson saw the man get out of an SUV parked directly in front of the store. As the man c... More...   $0 (09-18-2018 - KS)

STATE OF KANSAS v. FRANK LEONARD ALSTON SR. MORELAW Legal Services Marketing Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work.

In late 2014, Alston pleaded guilty to one count of theft charged as a felony because of his past convictions and was placed on probation. The State repeatedly moved to revoke the probation because Alston failed to report to his probation officer. The district court found Alston in violation of the terms of probation, imposed short jail stays, and extended the probation period. In early 2016, Alst... More...   $0 (09-18-2018 - KS)

STATE OF KANSAS v. SERGIO GUERRA Sooner Cannabis Consultants

On March 24, 2016, D.B.—an adult female—was working at a convenience store on Richards Drive in Manhattan. Around 10 p.m., Guerra entered the store and began making flirtatious comments and harassing D.B. This went on for several minutes before Guerra eventually left the store. About an hour and a half later at the end of her shift, D.B. left the convenience store and went to her car.

... More...
   $0 (09-18-2018 - KS)

DEJUAN A. BELL v. STATE OF KANSAS MoreLaw Performance Marketing If It Does Not Work, It Is Free!

The district court summarily denied Dejuan A. Bell's motion for habeas corpus relief based on the motion and the court's files and records. Bell appeals, asking us to remand the case with directions to hold an evidentiary hearing on his motion. When we are presented with an appeal from a summary denial of such a motion, this court is in the same position as the district court and will review the m... More...   $0 (09-18-2018 - KS)

Nicholas Sampson v. Investigator William Lambert District of Nebraska Federal Courthouse - Omaha, Nebraska

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...
   $0 (09-18-2018 - NE)

National Music Museum: America Shrine to Music v. Robert Johnson Federal Courthouse - Sioux Falls, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The subject matter of this lawsuit is a Martin D-35 guitar that Elvis Presley
played during his final tour in 1977. He dropped the guitar during a show in St.
Petersburg, Florida, and gave the damaged guitar to an audience member. Robert
Johnson, a blues guitarist and memorabilia broker, purchased the guitar in 2007. He
delivered the Martin D-35 guitar to the National Music Museum:... More...
   $0 (09-18-2018 - SD)

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)

Lisa Fleming v. 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)

Harley-Davidson, Inc. v. Franchise Tax Board

Plaintiff Harley Davidson and its subsidiaries (Harley-Davidson) form a multistate
enterprise with numerous functionally integrated subsidiary corporations. It contends
that defendant California Franchise Tax Board's (Board) tax scheme violates the
commerce clause of the federal Constitution (U.S. Const., art. I, § 8, cl. 3), claiming that
it burdens interstate enterprises by provi... More...
   $0 (09-18-2018 - CA)

STATE OF KANSAS v. MATTHEW J. HOLLENBECK Sooner Cannabis Consultants

In August 2015, Matthew J. Hollenbeck's 11-year-old stepdaughter reported that Hollenbeck had touched her vagina and tried to have sex with her several times the previous summer. Wichita Police Detective Derek Purcell questioned Hollenbeck, who admitted to his stepdaughter's allegations. The State charged Hollenbeck with one count of aggravated indecent liberties with a child under K.S.A. 2014 Sup... More...   $0 (09-17-2018 - KS)

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)

STATE OF KANSAS v. MARTIN R. PATRICK MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Martin Patrick appeals his conviction of driving under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. The events leading to his conviction took place at about 10:30 on the evening of May 25, 2013, when Officer Jason Colobong of the Tonganoxie Police Department observed Patrick's pickup truck straddling the centerline of the road. Patrick and his gi... More...   $0 (09-17-2018 - KS)

STATE OF KANSAS v. OSIE PATRICK MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

On July 18, 2015, Saquisha Clark was with her friends Deirdre Dickerson, Artisha Dickerson, and Jodecie Jones. After leaving a bar, the four women were invited to a nearby establishment, the Hell's Lover's Motorcycle Club. Other than Deirdre, who was pregnant, the women had been drinking alcoholic beverages.

After staying a brief time inside the club, the women decided to leave and retu... More...
   $0 (09-17-2018 - KS)

JAMES WILLIAM BRAINE vs STATE OF FLORIDA

Mr. Braine asked the trial court to withhold adjudication for his third-degree felony offense. Section 775.08435(1)(c)(1) and (2)1, limits the trial court's ability to withhold adjudication for a third-degree felony "if the defendant has a prior withhold[] of adjudication"; the state attorney must make a written request, or the trial court must provide written findings of mitigating factors. § 7... More...   $0 (09-17-2018 - FL)

Thomas Gerald Duke vs State of Florida

On November 6, 2017, Duke reported that his vehicle had been burglarized. Duke claimed that several USB drives were stolen in the burglary, along with cash, laptop computers, and other items. However, the police report of the burglary did not list the USB drives amongst the stolen property. A few days later, Mario Hampton was arrested on unrelated charges. After his arrest, Hampton consented... More...   $0 (09-17-2018 - FL)

State of Tennessee v. Kaylecia Woodard

On June 16, 2014, the defendant, Anthony Smith, and Timeya Harris robbed the Grocery and Tobacco Market in Knoxville, Tennessee. The defendant was the getaway driver while Mr. Smith entered the store and Ms. Harris acted as the look-out. In 2015, a 09/13/2018 -2 Knox County jury convicted the defendant of two counts of aggravated robbery. The criminal gang enhancement statute was used to incr... More...   $0 (09-17-2018 - TN)

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