Licensee Law
 
Watterud v. Uhren

On September 3, 2013, Joshua and Janet Gilbraith retained Amber Uhren as their
real estate agent to sell their home at 4109 Murphy Avenue in Billings. That day the
parties signed a “Relationships/Consents in Real Estate Transactions” agreement and a
“Residential Listing Contract.” In the latter, the Gilbraiths disclosed that the property
had not been tested for mold and had no... More...
   $0 (10-14-2015 - MT)

Lucent Technologies v. State Bd. Equalization

The telephone and data network in the United States is both terrestrial (land-based) and wireless, and is seamlessly interconnected through equipment called switches that are housed in so-called central offices scattered around the country. A single switch is comprised of “numerous computer processors, frames (sometimes called cabinets), shelves, drawers, circuit packs, cables, trunks and many ot... More...   $0 (10-09-2015 - CA)

United States of America v. James Patrick Okey

Tulsa, OK - Gun Store Owner Loses Federal Firearms License for Selling a Firearm to a Convicted Felon

James Patrick Okey, 45, was sentenced in federal court for knowingly selling a firearm to a convicted felon announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma. Okey was a Federal Firearms Licensee (FFL) who owned and operated a gun store, Hunter... More...
   $0 (10-06-2015 - OK)

United States of America v. Charles Johnson, III, a/k/a Chucky, a/k/a Chuckie

Defendant Charles Johnson, III, appeals his sentence of 102 months’ imprisonment for armed bank robbery. After careful review of the record and briefs, and with the benefit of oral argument, we affirm.
I. BACKGROUND
A federal grand jury charged Johnson with (1) one count of bank robbery, in violation of 18 U.S.C. § 2113(a); (2) one count of conspiracy to commit armed bank robbery, in viola... More...
   $0 (10-05-2015 - GA)

Abdou Barrow v. Commissioner

Abdou Barrow has been in the United States for 23 years since he arrived from Gambia in 1992 and filed an application for asylum in 1997. In 1999, his asylum application was denied and he was ordered removed from this country. Although Barrow had been issued a driver’s license, in 2001 it was cancelled after he pleaded guilty to a number of traffic offenses in Georgia, including hit and run. He wa... More...   $0 (10-05-2015 - GA)

Edward C. O'Bannon, Jr. v. National Collegiate Athletic Association, aka, The NCAA

Section 1 of the Sherman Antitrust Act of 1890, 15 U.S.C.
§ 1, prohibits “[e]very contract, combination . . . , or
conspiracy, in restraint of trade or commerce.” For more than
a century, the National Collegiate Athletic Association
(NCAA) has prescribed rules governing the eligibility of
athletes at its more than 1,000 member colleges and
universities. Those rules prohibit... More...
   $0 (10-03-2015 - CA)

Joyce Janette Riddle v. City of Abilene

Joyce Janette Riddle1 appeals the order of the trial court in which the trial
court granted the City of Abilene’s plea to the jurisdiction on her premises defect
claim against the City. Riddle argues, in her sole issue, that the trial court erred
when it granted the plea to the jurisdiction because she raised a question of material
1Donald Wayne Riddle provided an affidavit in this... More...
   $0 (10-01-2015 - TX)

City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued ... More...   $0 (09-16-2015 - TX)

City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued ... More...   $0 (09-16-2015 - TX)

Jeff Tracy, Inc. v. City of Pico Rivera

In 2011, the City bid out a public works project for the renovation of a city park known as Rivera Park (the Project). The renovation included landscaping, irrigation, and the construction of baseball fields, bleachers, a backstop, a children’s playground, and electrical and concession buildings. The “Notice Inviting Bids” for the Project specified that “Each bidder shall possess at the time thi... More...   $0 (09-15-2015 - CA)

Tate v. State, Bd. of Med. Exam'rs

Appellant James Tate, Jr., is a surgeon licensed in Nevada. In
February 2010, he was scheduled to perform a surgery at Valley Hospital
at around 4 p.m. When he arrived to prepare for the surgery, members of
the surgical team thought Dr. Tate smelled of alcohol. The hospital halted
surgery preparations and asked Dr. Tate to submit to alcohol tests, which
he did, admitting t... More...
   $0 (09-15-2015 - NV)

In re Claims Against Pierce Elevator

PEI operated licensed grain warehouses in Pierce, Randolph, and Foster, Nebraska. Brian Bargstadt was PEI’s president and one-third owner. PEI maintained a banking relationship with Citizens State Bank (the Bank) and obtained operating loans from the Bank.
1 Neb. Rev. Stat. §§ 88-525 through 88-552 (Reissue 2014). 2 Neb. Rev. Stat. §§ 75-901 through 75-910 (Reissue 2009).
- 802 Nebraska ... More...
   $0 (09-12-2015 - NE)

Tate v. State, Bd. of Med. Exam'rs

Appellant James Tate, Jr., is a surgeon licensed in Nevada. In
February 2010, he was scheduled to perform a surgery at Valley Hospital
at around 4 p.m. When he arrived to prepare for the surgery, members of
the surgical team thought Dr. Tate smelled of alcohol. The hospital halted
surgery preparations and asked Dr. Tate to submit to alcohol tests, which
he did, admitting t... More...
   $0 (09-11-2015 - NV)

WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

The parties below agreed on all but one of the relevant facts of Aereo’s system, namely13
whether Aereo’s antennas operate independently or as a unit. The district court resolved that14
issue, finding that Aereo’s antennas operate independently. The Plaintiffs do not appeal that15
factual finding. Thus the following facts are undisputed. 16
I. Aereo’s System17
Aereo transmits t... More...
   $0 (09-05-2015 - NY)

The City of Socorro v. Enrique Hernandez and David Maldonado

According to the live pleadings below, on or about December 23, 2009, Enrique Hernandez and David Maldonado were involved in a collision on a darkened section of North Loop Drive in Socorro, Texas. The crash rendered Hernandez’s car inoperable and it stopped dead in the street. The electrical system was damaged and the hazard lights were not working. A police unit of the City responded to a report... More...   $0 (09-02-2015 - TX)

Garnett v Strike Holdings LLC



Defendants Strike Holdings LLC and Strike Long Island, LLC (collectively, Strike) operated an indoor recreation facility that contained a go-kart racing track. On December 27, 2003, plaintiff rode as a passenger in a two-seat go-kart driven by her then boyfriend, third-party defendant, Lawrence Nadler. While driving on the track, they were allegedly bumped twice by other go-karts, allege... More...
   $0 (09-01-2015 - NY)

Donald E. Eno v. Sally Jewell

The Equal Access to Justice Act (“EAJA”) “departs from
the general rule that each party to a lawsuit pays his or her
own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404
(2004). The EAJA entitles those who prevail on a legal claim
against the U.S. government to an award of fees and costs,
but only if they prevail in adversary adjudications.
Specifically excluded from... More...
   $0 (08-27-2015 - CA)

Sternberg v. Cal. State Bd. of Pharmacy

Sternberg obtained his pharmacy license in 1978. Between 2001 and 2012, he worked as the pharmacist-in-charge at a Target store in West Hills, California. During a two-year period while he supervised the Target pharmacy—September 1, 2006, to August 31, 2008—Imelda Hurtado, a pharmacy technician, stole at least 216,630 tablets of Norco from the pharmacy, with an estimated retail value of up to $... More...   $0 (08-27-2015 - CA)

Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
6
Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the... More...
   $0 (08-09-2015 - FL)

Jesus Martinez and Kanda Martinez v. Angel Exploration, LLC

Jesus Martinez was working on a pump jack—the machinery that extracts
oil or gas from a producing underground well site—when the sleeve of his
sweatshirt became caught. As a result, Martinez’s hand was pulled into the
moving belts and his right thumb severed. The pump jack that injured Martinez,
owned by Angel Exploration, was not protected by safety guarding, something
Martine... More...
   $0 (08-04-2015 - OK)

Jerry Lee Turner v. J.R. Bray, Joseph Dingal and Strategic Investigations Group

El Reno, OK - Jerry Lee Turner sued J.R. Bray, Joseph Dingal and Strategic Investigations Group claiming;

COMES NOW Plaintiff, per 12 OS. §1382, 1383, 1384.1, 1387, and 1388, and prays for an exparte emergency Temporary Restraining Order and/or injunction against Defendants, to halt ongoing violations of Statutes and Regulations due to irreparable harm; in the alternative, Plaintiff prays... More...
   $0 (07-31-2015 - OK)

Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia... More...
   $0 (07-29-2015 - FL)

Texas Health and Human Services Commission v. Joseph Mcrae

Texas Health and Human Services Commission appeals the trial court’s denial of its plea
to the jurisdiction. In two issues, the Commission argues the trial court erred in denying its plea
to the jurisdiction because Joseph McRae failed to demonstrate a waiver of the Commission’s
sovereign immunity and McRae did not plead or prove a negligent condition or use of tangible
personal pr... More...
   $0 (07-28-2015 - TX)

Ross W. Greene v. The Center for Collaborative Problem Solving, Inc.

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca... More...
   $0 (07-16-2015 - MA)

Podsaid v. Outfitters & Guides Licensing

This case consolidates two appeals from the Shoshone County district court. The first case arose from the Idaho Outfitters and Guides Licensing Board’s decision to terminate A.T. “Sandy” Podsaid’s guide license on December 31, 2008, under the terms of a settlement agreement between Podsaid and the Board. The second case arose from the Board’s decision to treat Podsaid’s 2009 guide license renewal... More...   $0 (07-14-2015 - )

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