Licensee Law
 
Kenosia Commons, Inc. v. DaCosta

The plaintiff, Kenosia Commons, Inc., appeals from the judgment of the trial court rendered infavorofthedefendants,CynthiaDaCostaandCandra DaCosta, in this summary process action. On appeal, the plaintiff claims that the trial court improperly concluded that by virtue of Cynthia DaCosta’s ownership of shares of stock in the plaintiff corporation she is not subject to summary process proceedings pu

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Jeannie Owens vs. Missouri State Board of Nursing

When the Missouri State Board of Nursing revoked Jeannie Owens's nursing license
pursuant to section 335.066.16(1)(a), RSMo Cum. Supp. 2013, because Owens had pled guilty to
driving while intoxicated, Owens filed a petition for judicial review of the Board's decision with
the Circuit Court of Cole County. The circuit court reversed the Board's revocation order
concluding that

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Cal Dive Offshore Contractors Inc. v. Nigel Bryant

Appellant Cal Dive Offshore Contractors, Inc., appeals from a final judgment
in favor of appellee, Nigel Bryant, following a jury trial on Bryant’s suit for injuries
sustained in a slip-and-fall accident on Cal Dive’s ship. Cal Dive raises six issues on
appeal. In its first, second, and fourth issues, Cal Dive argues that the trial court erred
in its application of English law to t

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Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep

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IN RE: NANCY J. MCCARTY ET AL. V. COVOL FUELS NO. 2, LLC

Covol Fuels (Covol) operates a coal mine in Muhlenberg County,
Kentucky. Covol contracted with H 8s B Builders for the construction of a post
frame structure at Covol's mine site. H 86 B subcontracted with Evansville
.Garage Doors for the installation of an 1,800-pound overhead, commercial
grade garage door for the building. David McCarty and Jeremy Means,
employees of Evans

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State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He also ha

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State of Vermont v. Kent Richland, Jr.

Defendant Kent Richland appeals his conviction for enabling the consumption of alcohol by a minor in violation of 7 V.S.A. § 658(a)(2), following a jury trial in Chittenden Superior Court, and the probation conditions imposed by the court at sentencing. We reverse the trial court’s holding with respect to the knowledge requirement of § 658(a)(2) and
remand for a new trial. Because of our di

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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

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United States of America v. Vahan Kelerchian

Hammond, IN - Vahan Kelerchian Found Guilty By Jury Triallerchian Found Guilty By Jury Trial

Vahan Kelerchian, 56, of Richboro, Pennsylvania, doing business as Armament Services International “ASI”, was found guilty of a multitude of charges relating to the acquisition of machineguns and restricted laser aiming sites, late Thursday evening after a two-week jury trial.

According

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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