Native American Law
 
Tri-County Metropolitan Transportation District of Oregon v. Joseph Y. Aizawa, et al.

Ordinarily, a party entitled to recover attorney fees
incurred in litigating the merits of a fee-generating claim
also may receive attorney fees incurred in determining the
amount of the resulting fee award. See Strawn v. Farmers
Ins. Co., 353 Or 210, 234, 297 P3d 439 (2013) (awarding
so-called “fees on fees” to which no objection was raised);
Crandon Capital Partners v. Sh

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Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab

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Arthur Clemens, Jr. v. Centurylink, Inc. and QWest Corporation Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Arthur Clemens, Jr., sued his employer Qwest Corporation (“Qwest”) for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court’s refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291.

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STATE OF NEW MEXICO v. BRIAN ADAMO Child Porn

Following a preliminary hearing in the magistrate court in Carlsbad, New
13 Mexico, the district attorney filed a criminal information in the district court charging
14 Defendant with eighteen counts of sexual exploitation of children (possession) in
15 violation of Section 30-6A-3(A). Pursuant to State v. Olsson, 2014-NMSC-012, 324
16 P.3d 1230, an amended criminal complaint was

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STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT v. MICHAEL H., and IN THE MATTER OF JAYDA’MAE S. COURT OF APPEALS OF THE STATE OF NEW MEXICO

Child was born in March 2015. The New Mexico Children, Youth and Families
13 Department (CYFD) took Child into custody on April 11, 2016. CYFD then filed an
14 abuse/neglect petition on April 13, 2016 naming Mother and Father as respondents,
15 and Carlos G. (Husband) as an interested party. Based on information provided by
16 Mother, CYFD alleged that Father is the biological fat

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TRAVIS JETER V. COMMONWEALTH OF KENTUCKY

Travis Jeter appeals as a matter of right from a judgment of the Hardin
Circuit Court convicting him of robbery in the first degree, first-degree
possession of a controlled substance (cocaine), and use of drug paraphernalia.·
In accord with jury recommendations, the trial court sentenced Jeter as a first
degree persistent felon to respective prison terms of life, three years, an

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The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro

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STATE OF OHIO vs. DEANDRE BANDY

Bandy and an unknown accomplice attempted to rob Madaris and his
brother Steward at Ziegler Park, also known as Peaslee Park, in the early evening on
April 24, 2015. Bandy and his accomplice were both brandishing guns. Madaris
reacted by pushing the accomplice, causing him to drop his gun before running off.
Madaris then tussled with Bandy before ascending the fence on the s

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United States of America v. Jose Emanuel Garcia Sota, a/k/a Juan Manuel Maldonado Amezoua, a/k/a "Zafado" and Jesus Ivan Quezada Piña, a/k/a “Loco” Federal Courthouse - District of Columbia

District of Columbia - Two Cartel Members Sentenced to Life Prison Terms in Slaying of ICE Special Agent Jaime Zapata and Attempted Murder of ICE Special Agent Victor Avila

Two Mexican nationals were sentenced today to two terms of life in prison for the murder of a federal officer, attempted murder of a federal officer, and related offenses in the killing of U.S. Immigration and Customs

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SAS Institute, Inc. v. World Programming Limited Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou

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Timothy Patton v. Jacobs Engineering Group, Inc. and Talascend, L.L.C. Fifth Circuit Court of Appeals - New Orleans, Louisiana

Treating Plaintiff–Appellant Timothy Patton’s petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The petition for rehearing en banc is also DENIED. The prior opinion, Patton v. Jacobs Eng’g Grp., Inc., 863 F.3d 419 (5th Cir. 2017), is withdrawn, and the following opinion is substituted:
Patton brought this American Disabilities Act (“A

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STATE OF MONTANA v. MICHAEL KEITH SPELL

On January 7, 2012, Gary Arnold returned home after a morning walk and noticed
his wife, Sherry Arnold (Arnold) was not there.1 As she was an avid walker and jogger,
Gary assumed Arnold had gone out for a jog. Gary became concerned when Arnold did
not return home and went out to look for her. When Gary could not find Arnold, he
contacted family and local law enforcement. A

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RYAN DUFORT v.  CITY OF NEW YORK, JOSEPH MAROTTA, JAE SHIM, THOMAS CONFORTI,  WILLIAM SCHMITTGALL, and JOHN and JANE DOES 1 through 10 United States Court of Appeals for the Second Circuit

Dufort’s suit stems from his arrest and prosecution in New York 12 state court on charges of murder in the second degree and 13 manslaughter in the first degree that resulted in his acquittal by a 14 jury. On this appeal, we take the facts, most of which are not in 15 dispute, in the light most favorable to the plaintiff. See Taggart v. 16 Time Inc., 924 F.2d 43, 46 (2d Cir. 1991). 17 I. The Attac

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Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi

At approximately 9:00 on the morning of July 16, 1996, Bertha Tardy, the owner of
Tardy Furniture Store, called Sam Jones and asked him to come to the store to train two new
employees. When Jones arrived at the store a short time later, he discovered the bodies of
Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. All four victims had
been shot in the head; Stewart w

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Ryan Dufort v. City of New York Second Circuit Court of Appeals - New York, New York

25 Plaintiff‐appellant Ryan Dufort appeals from a memorandum
26 and order of the United States District Court for the Eastern District
4 No. 16‐1715‐cv
of New York (Steven 1 M. Gold, M.J.)2 granting summary judgment to
2 the defendants, the City of New York and New York City police
3 officers Joseph Marotta, Jae Shim, Thomas Conforti, and William
4 Schmitt

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JORGE YARUR BASCUÑÁN, ET AL. v. DANIEL YARUR ELSACA, ET AL. Second Circuit Court of Appeals - New York, New York

The question presented in this appeal is whether the plaintiffs
have plausibly alleged “a domestic injury” to their business or
property within the meaning of Section 1964(c) of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), the provision
commonly referred to as civil RICO.1 This question is one of first
impression—in this (or any) Court of Appeals—arising fro

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United States of America v. PDC Energy, Inc.

Denver, CO - The Justice Department, Environmental Protection Agency and State of Colorado Reach Agreement With PDC Energy, Inc. to Resolve Litigation and Reduce Air Pollution

The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the State of Colorado today announced a settlement with Denver-based PDC Energy, Inc. resolving Clean Air Act violations alleged in a ci

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Scott Saunders v. Town of Hull United States Court of Appeals For The First Circuit - Boston, Massachusetts

This is an appeal from entry of
summary judgment in favor of the Town of Hull in a civil rights
action brought by a Hull police officer. Scott Saunders, a decadelong
veteran of the Town of Hull Police Department, was passed
over for a promotion in November 2014. He alleges that the Town
of Hull and its then Police Chief, Richard Billings, intentionally
let his application l

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United States of America v. Rudolph George District of Kansas Federal Courthouse - Kansas City, Kansas

Kansas City, KS - Man Who Was Arrested with Murder Weapon Sentenced in Federal Firearms Case

A man who was arrested with a rifle used in a homicide was sentenced on October 24, 2017 to 10 years in prison on a federal firearms charge.

Rudolph George, 35, Kansas City, Kan., was found guilty in a jury trial on one count of unlawful possession of a firearm following a felony convict

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Makah Indian Tribe v. Quileute Indian Tribe Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Who would imagine that more than 150 years after the Treaty of Olympia (the “Treaty”) was signed between the United States and the Quileute and Quinault tribes, we would be asked to determine whether the “right of taking fish” includes whales and seals? Although scientists tell us sea mammals are not fish,1 these appeals ask us to go back to the 1855 treaty negotiation and signing and place oursel

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Kanika Sha Von Revels v. Nancy A. Berryhill Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Kanika Revels (“Revels”), a now forty-one-year-old
woman who suffers from fibromyalgia, and who last worked
as a phlebotomist, appeals the district court’s order affirming
the denial of supplemental security income and disability
insurance benefits by the Commissioner of the Social
Security Administration (“SSA”). In July 2012, the SSA
issued Social Security Ruling (“SSR”)

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Maya Baxter v. Genworth North America Corporation

Plaintiff Maya Baxter sued her former employer, defendant Genworth North
America Corporation (Genworth), for wrongful termination and related causes of action
arising out of her employment. Genworth moved to compel arbitration of the dispute.
On appeal from an order denying its motion to compel arbitration, Genworth contends the
trial court erred in concluding the arbitration agree

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Detra Barrett v. American Airlines, Inc. Fifth Circuit Court of Appeals - New Orleans, Louisiana

Plaintiff–Appellant Detra Barrett asserted claims against Defendant–Appellee American Airlines, Inc., for employment discrimination and retaliation in violation of Title VII. American Airlines, Inc., filed a motion to dismiss, which the district court granted. Because Barrett asserted these claims in her Amended Petition—rather than her Original Petition—in state
* Pursuant to 5TH CIR. R. 47.5

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United States of America v. Wade Barbay Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Baton Rouge, LA - Former Financial Manager Sentenced to Prison for Embezzling Over $1.4 Million From Employer

U.S. District Court Judge John W. deGravelles sentenced WADE BARBAY, age 55, of Baton Rouge, Louisiana, to serve twenty-nine (29) months in federal prison as a result of his scheme to defraud his employer. BARBAY was ordered to pay restitution of $1,483,503.50 to the victim and t

More...   $1483503 (10-20-2017 - LA)

United States of America v. Nathian D. Hossley Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Baton Rouge, LA - BUSINESSMAN SENTENCED TO FEDERAL PRISON FOR FRAUD AND MONEY LAUNDERING RELATED TO CONSTRUCTION OF BAKER ELEMENTARY SCHOOL

NATHIAN D. HOSSLEY, age 51, of Baton Rouge, to serve 78 months in federal prison for defrauding a construction contractor out of over $800,000 in relation to the construction of the Impact Charter School in Baker, Louisiana. The Court also ordered HO

More...   $0 (10-25-2017 - LA)

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