Necessity Law
 
State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o... More...
   $0 (02-08-2018 - )

United States of America v. Randy Metcalf





A jury convicted Randy Joe Metcalf of committing a hate crime in violation of
the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18
U.S.C. § 249(a)(1) (the Act). The district cou 1 rt2 sentenced Metcalf to the statutory
maximum sentence of 120 months’ im... More...
   $0 (02-08-2018 - IA)

Jana Davidson, et al. v. Fairchild Controls Corporation Southern District of Texas Courthouse - Houston, Texas

Two of the plaintiffs were injured when oil from an airplane’s air cycle machine leaked into the cabin, causing smoke and fumes to fill the cockpit during their flight. The plaintiffs brought suit against several defendants. The district court granted summary judgment to defendant Fairchild Controls Corporation on a design-defect claim due to a lack of adequate expert testimony that a feasible alt... More...   $0 (02-05-2018 - TX)

United States of America v. Joseph Tigano, III Western District of New York Federal Courthouse - Buffalo, New York

2 On July 8, 2008, Joseph Tigano, III and his father, Joseph Tigano, Sr., were
3 arrested on charges related to a marijuana growing enterprise allegedly operated
4 by the two men. When Drug Enforcement Administration (“DEA”) task force
5 members executed a search warrant at the Tiganos’ residence on the morning of
6 the arrest, they discovered over 1,400 marijuana plants. On Octobe... More...
   $0 (02-01-2018 - NY)

United States of America v. AmeriCare Ambulance Service, Inc. Middle District of Florida Federal Courthouse - Tampa, Florida

Tampa, FL - Tampa’s Largest Ambulance Providers Agree To Pay $5.5 Million To Resolve False Claims Act Allegations Regarding Medically Unnecessary Ambulance Transports

AmeriCare Ambulance Service, Inc. and its sister company, AmeriCare ALS, Inc. (collectively, AmeriCare), have agreed to pay approximately $5.5 million to resolve allegations that they defrauded Medicare by billing for medica... More...
   $5500000 (01-31-2018 - FL)

Ron Devor Barrett v. The State of Texas Texas Twelfth District Court of Appeals

On or about October 16, 2015, Appellant was scheduled to meet Tiffany Pinkerton so that she could return his vehicle to him. Pinkerton had been borrowing the vehicle for several months after Appellant offered the vehicle to Pinkerton for traveling to and from work and taking their son to doctor’s appointments. He later asked her to return the vehicle. When Pinkerton arrived on October 16, she ex... More...   $0 (01-26-2018 - TX)

Liberty Coins, L.L.C. v. David Goodman Southern District of Ohio Federal Courthouse - Columbus, Ohio

Plaintiffs Liberty Coins, LLC, and Worthington Jewelers,
Ltd., bring facial and as-applied Fourth Amendment challenges to four warrantless search
provisions in Ohio’s Precious Metals Dealers Act and the accompanying regulations: O.R.C.
§§ 4728.05(A), 4728.06, 4728.07, and Ohio Admin. Code § 1301:8-6-03(D). These laws equip
state agents and local law enforcement with the authority t... More...
   $0 (01-26-2018 - OH)

Patrick Lynn Russell v. The State of Texas

On September 5, 2013 Tavares Tell, a/k/a “Black,” and Kenny Garcia, were shot to death
while sitting in a parked car at an east Dallas apartment complex in an apparent “drug deal gone
bad.” Earlier that day, appellant and three accomplices – his brother Charles (a/k/a Carl) Russell,
Dewen Knight and Tevynn Boone1 – drove to Dallas in a borrowed red Nissan Versa from
Shreveport,... More...
   $0 (01-25-2018 - TX)

United States of America, ex rel. David Choate and Don Pyburn v. Primex Clinical Laboratories, LLC Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Laboratory and Owner of Lab Management Services Company to Pay $3.77 Million to Resolve Kickback and Medical Necessity Claims

Primex Clinical Laboratories, LLC has agreed to pay $3,500,000 to resolve allegations that it violated the False Claims Act by paying kickbacks in exchange for laboratory referrals for patient pharmacogenetic testing. In a related settlement, Mitch Ed... More...
   $3770000 (01-25-2018 - TX)

Jeanne T. Bartels v. Saber Healthcare Group, LLC Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthcare... More...   $0 (01-24-2018 - NC)

Estate of Kirk Kerkorian, Deceased - Una Davis v. Anthony Mandekic, as Executor, etc. Los Angeles County Courthouse - Los Angeles, California

Probate Code section 11704 requires an executor to obtain
court permission before taking sides in a proceeding to determine
who is entitled to a distribution of estate assets. We are asked to
decide whether the probate court complied with the statute’s
requirements when it allowed the executor of Kirk Kerkorian’s
(Kerkorian’s) estate to oppose a petition filed by Kerkorian’sMore...
   $0 (01-22-2018 - CA)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

State of Nebraska v. Luis Bedolla G.I. man accused of sexually assaulting niece

On August 4, 2015, the State filed an information charging
Bedolla with seven counts of various degrees of sexual assault
of a child. The offenses involved three different victims and
were charged as having occurred on various dates ranging
from June 2002 through May 2015. One of the counts was
charged as first degree sexual assault of a child, in violation
of Neb. Rev. Sta... More...
   $0 (01-19-2018 - NE)

STATE OF MONTANA v. TERRANCE LEE BRAUNER, a/k/a TERRY-LEE SUPREME COURT OF THE STATE OF MONTANA

In April 2011, Erickson and Gene Johnson (Johnson) were involved in an
altercation, which ended when Erickson struck Johnson in the face, causing Johnson to fall
to the pavement and hit his head. Johnson sustained a serious injury that required
significant medical treatment. In February 2013, a jury found Erickson guilty of criminal
endangerment, a felony in violation of § 45-... More...
   $0 (01-19-2018 - )

STATE OF CONNECTICUT v. ANTHONY C. MANOUSOS Connecticut Judicial Branch

. The defendant, Anthony C. Manousos, appealsfromthejudgmentofconviction,renderedafter a jury trial, of arson in the first degree in violation of GeneralStatutes§ 53a-111(a)(1).Thedefendantclaims that the trial court improperly (1) denied his motions to suppress various tangible items collected from him, as well as oral statements that he made to the police during an investigatory stop and subsequ... More...   $0 (01-19-2018 - CT)

State of Missouri v. Jeffrey L. Bruner

Considering the evidence in the light most favorable to submission of a self-defense
instruction, the record shows Mr. Bruner and his wife, Michelle Hale, were estranged.
Mr. Bruner testified that to his knowledge she was not seeing anyone else, though he was
aware she had met a college football coach for a lunch date. He later learned the coach
was Derek Moore.
Mr. Bru... More...
   $0 (01-17-2018 - MO)

United States of America v. Diana J. Gumila Northern District of Illinois Courthouse - Chicago, Illinois

Diana Gumila ran a home-healthcare company that defrauded the federal government of several million dollars. She was convicted of multiple counts of healthcare fraud and making false statements in connection
∗ Circuit Judge Posner retired on September 2, 2017, and did not partici-pate in the decision of this case, which is being resolved by a quorum of the panel under 28 U.S.C. § 46(d).<... More...
   $0 (01-17-2018 - IL)

STATE OF KANSAS v. JOSHUA MICHAEL MALL

On October 5, 2015, Mall made the fatal decision to drink alcohol and drive his truck. Unfortunately, Mall included his 6-year-old daughter, Madilyn, in that decision. After drinking nearly half of a bottle of whiskey and smoking some marijuana, Mall put Madilyn into his 2001 Ford Ranger and decided to drive. Mall sped down Tuttle Creek Boulevard in Manhattan, Kansas, weaving in and out of traffic... More...   $0 (01-16-2018 - KS)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

Leapers, Inc. v. SMTS, LLC and Sun OPtics, USA Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Leapers, Inc. appeals the district court’s entry of
summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress
infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below,
we VACATE the district court’s judgment and REMAND the case for further proceedings.
BACKGROUND
Plaintiff Leapers, Inc. makes adjustable ... More...
   $0 (01-10-2018 - MI)

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