Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,000... More...   $0 (05-27-2018 - SD)

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...   $0 (05-26-2018 - OH)

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...   $0 (05-25-2018 - TX)

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
DISH Network Corp. is a satellite television provider with production facilities... More...   $0 (05-25-2018 - TX)

The Shelby County Grand Jury charged the petitioner with one count each of first degree premeditated murder and employing a firearm during the commission of a dangerous felony. Following a jury trial, the petitioner was convicted as charged of first degree murder. The trial court imposed a sentence of life imprisonment and dismissed the firearm charge. This court affirmed the conviction and sen... More...   $0 (05-22-2018 - TN)

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...   $0 (05-20-2018 - OH)

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
DISH Network Corp. is a satellite television provider with production facilities... More...   $0 (05-18-2018 - TX)

Benaroya Pictures (Benaroya) contracted with Westside
Corporation (Westside) to pay the well-known actor Bruce Willis, the
2
president of Westside, to perform in a movie to be produced by
Benaroya. After a dispute arose regarding Willis’ payment, Willis and
Westside (collectively respondents) commenced arbitration proceedings
against Benaroya, pursuant to the arbitration c... More...   $0 (05-18-2018 - CA)

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...   $0 (05-17-2018 - TX)

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...   $0 (05-16-2018 - KY)

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...   $0 (05-13-2018 - CA)

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...   $0 (05-13-2018 - CA)

Gonzalez was charged by indictment with burglary of a habitation with the intent to
commit aggravated assault, a first-degree felony. See id. § 30.02(a)(1) (West, Westlaw
through 2017 1st C.S.). At trial the State put on testimony from the homeowner Joanna
Villapando and the complainant of the aggravated assault, Rueben Granado.
Villapando testified that Gonzalez is her daug... More...   $0 (05-11-2018 - TX)

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...   $0 (05-11-2018 - WV)

At the height of the 2008 financial crisis,
Congress created the Federal Housing Finance Agency
(the Agency) and authorized it to place into conservatorship
two critical government‐sponsored enterprises—the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation, commonly known as Fannie Mae and
2 No. 17‐1880
Freddie Mac. 12 U.S.... More...   $0 (05-07-2018 - IL)

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

Des Moines police officers obtained a search warrant based on information
provided by a confidential informant. They executed the warrant on an apartment
and found Pate and a woman inside with eighty-one grams of crack cocaine, as
well as cocaine salt, marijuana, and a large amount of cash.
The State filed criminal complaints against Pate but dismissed them without
pre... More...   $0 (05-03-2018 - IA)

In November 1996, Williams, then 26 years old, pleaded guilty to first-degree
statutory sodomy for inserting his thumb in a minor child’s vagina. He was sentenced to
five years in prison but, after completing a 120-day program in a sex offender assessment
unit, execution of his sentence was suspended and he was placed on probation for five
... More...   $0 (05-03-2018 - MO)

In July 2016, a Hopkins County grand jury returned an indictment against Tennon charging
him with the offense of manslaughter. The indictment stated,
D[’]ARQUEZ TENNON, hereinafter styled defendant, on or about the 5th day of June, 2016, and before the presentment of this indictment, in said County and State, did then and there recklessly cause the death of an individual, namely, Enriqu... More...   $0 (04-29-2018 - TX)

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar... More...   $0 (04-28-2018 - KS)

After a guilty verdict, Appellant filed a timely motion for new trial. He asserted that the verdicts were contrary to the weight of the evidence and specifically requested the trial court to “assess the verdict in light of the weight and credibility of the evidence.” The trial court denied the motion, verbally stating, “[a]ll right, I’ll note your motion and objections and at this time I’ll deny... More...   $0 (04-28-2018 - FL)

The key provision of the Age
Discrimination in Employment Act of 1967 prohibits
employment practices that discriminate intentionally against
older workers, and prohibits employment practices that have
2 No. 17‐1206
a disparate impact on older workers. 29 U.S.C. § 623(a)(1),
(a)(2); Smith v. City of Jackson, 544 U.S. 228 (2005). The central
issue in this appeal is ... More...   $0 (04-27-2018 - IL)

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him ... More...   $0 (04-26-2018 - KY)

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...   $0 (04-23-2018 - NE)