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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
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9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › wl › Volume 2004 Opinions in wl, volume 2004
301 F. Supp. 2d 1065 (2004) IXYS CORPORATION, Plaintiff, v. ADVANCED POWER TECHNOLOGY, INC., Defendant.… Mayo v. Hartford Life Insurance Page 14654 Wal-Mart Stores, Inc. (“Wal-Mart”) took out life insurance on its employees and made itself the beneficiary.… Jeffrey Groceman and Bradley Groce-man are incarcerated pursuant to convictions for armed bank robbery and conspiracy to commit armed bank robbery.… Priester v. Lowndes County Page 15902 This civil rights appeal stems from a racially motivated attack, during a high school football practice, resulting in a serious eye injury.… Salinas v. Dretke Page 15903 Gary Salinas’s petition for writ of habeas corpus was denied as time-barred.… Plaintiff Joyce Riley, a former nurse at St. Luke’s Episcopal Hospital, sued Defendants under the qui tam provisions of the False Claims Act (“FCA”), 31 U.S.C.… Pluet v. Frasier Page 16081 Fredrick Pluet, deceased, was arrested in Austin, Travis County, Texas and placed in the Travis County Jail on December 26, 1999.… Lee v. American Airlines Inc. Page 18008 Following the delay and ultimate cancellation of Darren Lee’s flight from New York to London, Lee filed a federal class action complaint against - American Airlines, asserting a claim under Article 19 of the Warsaw Convention.… Adventist Hlth. v. Fl. Birth-Related Injury Page 19485 865 So.2d 561 (2004) ADVENTIST HEALTH SYSTEM/SUNBELT, INC., etc., Appellant, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY etc., et al., Appellees.… Miller v. State Page 19487 861 So.2d 1283 (2004) Michael H. MILLER, Appellant, v. STATE of Florida, Appellee.… Giddens v. State Page 19489 863 So.2d 1242 (2004) John Q. GIDDENS, Appellant, v. STATE of Florida, Appellee.… Betty's Design Co. v. Estate of Evans Page 19491 Betty’s Design Company appeals the final order entered by the trial court granting appellees’ motion for a new trial.… Wheeler v. State Page 19492 864 So.2d 492 (2004) Thomas B. WHEELER, Appellant, v. STATE of Florida, Appellee.… Burch v. Sun State Ford, Inc. Page 19493 864 So.2d 466 (2004) Laverica BURCH, etc., et al., Appellants, v. SUN STATE FORD, INC., Appellee.… The City of Ocala v. Graham Page 19494 864 So.2d 473 (2004) The CITY OF OCALA, Appellant/Cross-Appellee, v. Belinda Sweet GRAHAM, Appellee/Cross-Appellant.… Corley v. Rivertown, Inc. Page 19495 863 So.2d 1244 (2004) Martin Clyde CORLEY and Dianna Skaggs Corley, Appellants/Cross-Appellees, v. RIVERTOWN, INC., Appellee/Cross-Appellant.… Ballard v. Wood Page 19496 Robert Ballard appeals a final judgment for damages against him in favor of Kenneth Wood, etc., et al (“Wood”).… Storm v. Town of Ponce Inlet Page 19497 866 So.2d 713 (2004) Richard A. STORM, Appellant, v. The TOWN OF PONCE INLET, Appellee.… Miller v. Miller (In Re Miller) Page 19498 OPINION Debtor William C. Miller (“Debtor”) appeals an order of the United States Bankruptcy Court for the District of Utah denying his Emergency Motion for Order Removing David L.… Highberger v. State Page 19499 863 So.2d 1256 (2004) Joshalynne D. HIGHBERGER, Appellant, v. STATE of Florida, Appellee.… Iseley v. State Page 19500 865 So.2d 580 (2004) Steven Eugene ISELEY, Appellant, v. STATE of Florida, Appellee.… 864 So.2d 479 (2004) PROMONTORY ENTERPRISES, INC., et al., Appellants, v. SOUTHERN ENGINEERING & CONTRACTING, INC., Appellee.… Thweatt v. State Page 19502 Appellant, Morris Thweatt, appeals his sentence and judgment for robbery with a weapon.… Pondella Hall for Hire, Inc. v. Lámar Page 19503 866 So.2d 719 (2004) PONDELLA HALL FOR HIRE, INC., Appellant, v. Lawson LAMAR, State Attorney, etc., et al., Appellees.… Nielsen v. Joannou Page 19504 861 So.2d 1283 (2004) Bjarne F. NIELSEN, Appellant, v. Pavlo JOANNOU, Appellee.… Betts v. Ace Cash Express, Inc. Page 19505 Although the appellants raise a number of matters for our consideration, we conclude that the trial court committed no error and affirm.… Cole v. Unemployment Appeals Commission Page 19506 Cole, pro se, appeals a final order of the Unemployment Appeals Commission (UAC) denying her unemployment benefits.… Barber v. State Page 19507 We affirm the defendants’ convictions for trafficking and conspiracy to traffic in GHB based upon our agreement with the analysis contained in Urruchurtu v. State, 858 So.2d 387 (Fla.… BC v. Department of Children and Families Page 19508 864 So.2d 486 (2004) B.C., Father of S.C.… Hajal v. State Page 19509 864 So.2d 1167 (2004) Paul Henry HAJAL, Petitioner, v. STATE of Florida, Respondent.… State v. Markland Page 19572 *241MEMORANDUM DECISION ¶ 1 David Markland, Defendant, was charged with possession of methamphetamine, a third degree felony, and with possession of marijuana, a class B misdemeanor.… This appeal concerns the constitutionality of a California statute that limits a physician from advertising that he or she is “board certified” in a medical speciality unless the certifying board or association meets certain requirements.… “We are called upon to consider, yet again, a takings challenge to mobile home rent control laws.” Levald, Inc. v. City of Palm Desert, 998 F.2d 680, 683 (9th Cir.1993).… Warren v. District of Columbia Page 23594 Opinion for the Court filed by Circuit Judge RANDOLPH.… Opinion for the Court filed PER CURIAM. This appeal presented the question whether the Federal Advisory Committee Act (“FACA”), 5 U.S.CApp.… State v. Poullard Page 24062 863 So.2d 702 (2003) STATE of Louisiana v. Brian Keith POULLARD.… State v. Hughes Page 24063 865 So.2d 853 (2003) STATE of Louisiana v. Carol M.… Ho v. State Farm Mut. Auto Ins. Co. Page 24065 862 So.2d 1278 (2003) Dinh HO v. STATE FARM MUTUAL AUTO INSURANCE CO.… Dykstra v. Municipality of Anchorage Page 24546 OPINION I.INTRODUCTION The Municipality of Anchorage’s zoning board of examiners and appeals affirmed an enforcement order directing David Dykstra to stop using the area surrounding his four-plex as a storage yard for cars.… Crittell v. Bingo Page 24547 83 P.3d 532 (2004) Edmond CRITTELL and Elma Crittell, Appellants, v. Laura BINGO, Thomas Bingo, Alice Masuyama, Colleen Nishiyama, Elaine Sakaitani, and Leatrice Takeuchi, Interested Parties, and the Estate of Violet M.B.… State v. Holton Page 24972 126 S.W.3d 845 (2004) STATE of Tennessee v. Daryl Keith HOLTON.… United States v. Dennis Bright Page 25017 Appellant Dennis Bright pled guilty to five counts of mail fraud arising of a scheme in which Bright falsely offered nurses the opportunity to work at home processing medical surveys.… OPINION ON REHEARING EN BANC PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ETHEL LOUISE HILL, Plaintiff-Appellant, v. LOCKHEED MARTIN LOGISTICS MANAGEMENT, INCORPORATED, Defendant-Appellee, EQUAL EMPLOYMENT OPPORTUNITY No. 01-1359 COMMISSION, Amicus Supporting Appellant.… State v. Campbell Page 25225 Terry Campbell (“Defendant”) was charged by amended information with the class B felony of sale of a controlled substance in violation of § 195.211.… United States v. Froman Page 25237 Defendant-Appellant Robert Froman (“Froman”) challenges his convictions and sentence for receipt, possession, and conspiracy to distribute child pornography.… Rio Grande Silvery Minnow v. Keys Page 25310 This matter arises upon the court’s own initiative.… OPINION In this suit to enforce a foreign judgment, Charles Brown, L.L.P.… Richard Eason, Phil M. Juby, Paula Hinton, Will Taylor, and Robert W.… United States v. Washington, Jerome Page 26338 Opinion for the Court filed by Chief Judge GINSBURG.… OPINION Defendants David Massman and General Motors Corporation (“GM”) appeal from the district court’s order granting Plaintiff James Mattis’s motion to remand and amend his complaint-.… Allegiant Bank v. Sodipo Page 26475 ORDER Adeyemo Sodipo (“debtor”), d/b/a University Copiers, Inc., appeals from a consent judgment in favor of Allegiant Bank (“lender”) in the amount of $600,000.00, the balance owing on a promissory note after liquidation of collateral securing the note.… Patel v. Director of Revenue Page 26476 ORDER Rakesh N. Patel appeals the trial court’s judgment upholding the Director of Revenue’s suspension of his driver’s license pursuant to Section 302.505 RSMo (2001 Supp.).… Bridges v. Autozone Properties, Inc. Page 26487 873 So.2d 25 (2004) Cynthia BRIDGES, Secretary, Department of Revenue, State of Louisiana v. AUTOZONE PROPERTIES, INC.… Freedom Holdings Inc. v. Spitzer Page 26498 Judge SACK concurs in a separate opinion.… OPINION This case involves a straightforward interpretation of a settlement agreement that disposed of a previous trademark-related lawsuit that Rexair, Inc. filed in the district court in 1995 against José Sal-tiel Abouaf and his company, Hidrofiltros, de México, S.A.… OPINION Relator Minnesota Center for Environmental Advocacy (MCEA) challenges the decision of respondent Minnesota Pollution Control Agency (MPCA) to reissue National Pollutant Discharge Elimination System (NPDES) permits to wastewater treatment facilities in respondents Fari-bault and Owatonna without requiring… In this religious discrimination action under Title VII of the Civil Rights Act of 1964, 42 U.S.C.… OPINION In this dispute, arising from the trustees’ motion for an order approving an accounting for two trusts, appellant challenges the district court’s grant of summary judgment to the trustees.… W Illiam P. B Axter v. Anthony J. Principi Page 26599 The veteran, William P. Baxter, appeals, through counsel, a March 26, 2001, decision of the Board of Veterans’ Appeals (Board) that denied him an effective date earlier than July 15, 1994, for his Department of Veterans Affairs (VA) service-connected degenerative disc disease of the lumbar spine.… for the Court. ¶ 1. The Circuit Court of the First Judicial District of Hinds County reversed the decision of the Board of Trustees of the Public Employees’ Retirement System (PERS) denying disability benefits to Ruby Finklea.… Phinisee v. State Page 26603 864 So.2d 988 (2004) Patrick PHINISEE, a/k/a "Pat", Appellant v. STATE of Mississippi, Appellee.… McIntosh v. Victoria Corp. Page 26604 877 So.2d 519 (2004) Bobbie McINTOSH, Appellant, v. VICTORIA CORPORATION d/b/a The Nail Shop, Appellee.… Carr v. State Page 26605 On October 17, 1989, the appellant, Joseph Anthony Carr, was convicted of first-degree assault in case number CC-89-505.… Porter v. State Page 26606 869 So.2d 414 (2004) Lajuane PORTER, Appellant, v. STATE of Mississippi, Appellee.… Tompkins v. State Page 26707 The appellant, Ray Tompkins, was found guilty of harassment by the district court of St. Clair County.… Quarles v. State Page 26708 for the Court. PROCEDURAL HISTORY ¶ 1. On April 14, 2000, a jury in the Circuit Court of Lafayette County found Rashad Quarles guilty of attempted sexual battery of Z.J., a female minor.… Melson v. State Page 26710 On April 25, 1996, the appellant, Robert Bryant Melson, was convicted of three counts of robbery-murder because he committed the murders during the course of a robbery, see §13A-5-40(a)(2), Ala.… OPINION STATEMENT OF THE CASE American Family Mutual Insurance Company ("American Family") brings this interlocutory appeal from the trial court's entry of summary judgment in favor of Federated Mutual Insurance Company ("Federated") in.… Hunt v. State Page 26721 877 So.2d 503 (2004) Clint Trace HUNT a/k/a Clint Hunt a/k/a Clinton Trace Hunt, Appellant, v. STATE of Mississippi, Appellee.… Owens v. State Page 26725 The appellant, William Grant Owens, appeals from the revocation of his probation.… Stringer v. State Page 26726 ¶ 1. A circuit court jury convicted Thurmon Stringer of attempted aggravated assault on a police officer.… Fowler v. State Page 26727 On June 19, 2003, the appellant, Kenneth Dewayne Fowler, filed a Rule 32, Ala.… Peters v. State Page 26728 for the Court. ¶ 1. Eddie Lee Peters, Sr. was convicted of two counts of sexual battery and one count of touching a child for lustful purposes.… Moore v. Alabama Department of Corrections Page 26732 AFFIRMED BY UNPUBLISHED MEMORANDUM. McMILLAN, P.J., and WISE, J., concur; COBB, J., concurs in the result, with opinion; SHAW, J., concurs in the result. White v. State Page 26733 867 So.2d 1047 (2004) Lorenzo WHITE, Appellant v. STATE of Mississippi, Appellee.… A.B. Ex Rel. D.B. v. Lawson Page 26734 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT A.B., a minor, by his parent and next friend, D.B.; D.B., Plaintiffs-Appellees, v. KENNETH P.… Steen v. State Page 26738 868 So.2d 1038 (2004) Arlis Kimble STEEN, Jr., Appellant, v. STATE of Mississippi, Appellee.… OPINION This qui tam action concerns claims brought by the plaintiff, Jeffrey Goldstein (Goldstein), under the False Claims Act (FCA), 31 U.S.C.… Lester v. State Page 26742 862 So.2d 582 (2004) James D. LESTER, a/k/a J.W.… Bland v. State Page 26743 On September 18, 1991, the appellant, Terry Bland, was convicted of murder.… Pipkins v. State Page 26745 for the Court. ¶ 1. Edwin Eugene Pipkins was convicted in the Circuit Court of George County of two counts of drug-related criminal activity.… Miller v. State Page 26746 913 So.2d 1148 (2004) Alan Eugene MILLER v. STATE of Alabama.… Ivy v. Ivy Page 26749 863 So.2d 1010 (2004) Marty H. IVY, Appellant v. Tina L.… Sharp v. State Page 26751 862 So.2d 576 (2004) Timothy R. SHARP, Appellant, v. STATE of Mississippi, Appellee.… Wright v. State Page 26765 863 So.2d 1005 (2004) Johnny WRIGHT, a/k/a "Pig", a/k/a Johnnie Wright, Appellant, v. STATE of Mississippi, Appellee.… Davis v. State Page 26768 for the Court. ¶ 1. Robert Lee Davis was convicted by a jury in the Circuit Court of Washington County on all three counts of a criminal indictment.… Seale v. Seale Page 26771 for the Court. ¶ 1. Robert Seale has appealed from a judgment of the Marshall County Chancery Court reducing his periodic alimony obligation to his former wife, Dorothy Sea-le, from $1,250 per month to $850 per month.… Owens v. State Page 26774 869 So.2d 1047 (2004) Eric OWENS, Appellant v. STATE of Mississippi, Appellee.… United States v. Johnson Page 26775 OPINION OF THE COURT The appellant was charged with possessing approximately 17 pounds of marijuana with the intent to distribute, in violation of Article 112a, UCMJ, 10 USC § 912a, and conspiring with Staff Sergeant (SSgt) Christopher Houston to possess with the intent to distribute this same marijuana, in violation… Hunt v. State Page 26776 for the Court. ¶ 1. George Hunt was indicted and convicted on three counts of drug-related crimes.… United States v. McDowell Page 26778 OPINION OF THE COURT UPON FURTHER REVIEW On 7-10 November 2000, the appellant was tried by a general court-martial composed of officer and enlisted members at McGuire Air Force Base, New Jersey.… On October 22, 2001, Thomas Flannery filed his first charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”).… Katherine M. Albers v. Eli Lilly & Co. Page 26782 More than a decade after she was diagnosed with a malformed uterus that the physician attributed to her mother’s ingestion of DES, Katherine Albers filed this tort action seeking damages from the drug’s maker, Eli Lilly & Company.… John P. Curtis, James H. Kemp, and Jan-Joost Pabst (collectively “Curtis”) seek review of the decision of the United States Patent and Trademark Office (“PTO”) Board of Patent Appeals and Interferences (“Board”) affirming the final rejections, during merged reissue and reexamination proceedings, of claims 1-4, 7-13… Katherine McLaughlin (“McLaughlin”) seeks review of a final decision of the Merit Systems Protection Board (“Board”) denying her application for disability retirement as untimely because it was filed after the one-year statutory filing deadline.… United States v. Gary Harrington, Craig Whitman, Mark Vince, and Michael Crawford, Christopher Main Page 27714 Defendant-appellant Christopher Main appeals from a judgment entered in the United States District Court for the District of Vermont (Murtha, C.J.), following a plea of guilty, convicting Main of mail fraud and conspiracy to distribute and to possess with intent to distribute various controlled substances, sentencing… Keith Beightol and John Frank Clark v. Ubs Painewebber Inc., Gary C. Winnick, and John W. Lang, Jr. Page 27715 Plaintiff-appellants Keith Beightol and John Frank Clark appeal a decision of the United States District Court for the Southern District of New York (Lynch, J.), refusing to abstain from adjudicating their lawsuit against defendant-appellees UBS PaineWebber Inc., Gary C.… MEMORANDUM OPINION By letter dated December 30, 2003 (“BT Letter”), defendant Bankers Trust Company (“BT”) moves, pursuant to Fed.R.Civ.P.… In Re Worldcom, Inc. Securities Litigation Page 27721 OPINION & ORDER This Document Relates to: This Opinion addresses a motion to dismiss claims brought in one of the many actions arising from the collapse of World-Com, Inc. (“WorldCom”).… United States v. Wonschik Page 27736 In this appeal, we consider (1) whether a jury instruction that defined “machinegun” as that term is defined in § 5845(b) of the National Firearms Act (26 U.S.C.… United States v. Ricardo Aguirre-Tello Page 27737 353 F.3d 1199 UNITED STATES of America, Plaintiff-Appellant,v.Ricardo Aguirre-Tello, Defendant-Appellee.… Welding v. Bios Corporation Page 27739 An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home.… OPINION This is an appeal from a jury verdict in favor of appellant/plaintiff, Jesus M.… Acevedo v. Commission for Lawyer Discipline Page 28365 OPINION Richard Acevedo appeals the judgment disbarring him from the practice of law.… In Re Anascavage Page 28921 OPINION On December 16, 2003, relator Thomas Anascavage filed a petition for writ of ha-beas corpus complaining that he has been incarcerated for nonpayment of child support without due process of law.… Smith v. Raytheon Co. Page 29150 MEMORANDUM This case involves a claim for unpaid overtime wages pursuant to the Fair Labor Standards Act of 1938 (“FLSA”).… Snyder v. State Page 32387 870 So.2d 140 (2004) Jeffrey L. SNYDER, Appellant, v. STATE of Florida, Appellee.… K.B. v. State Page 32392 K.B. appeals the trial court order committing her to a moderate risk residential commitment program for her third adjudication of indirect criminal contempt.… Sawyer v. Goldberg Page 32397 Jack Carlyle Sawyer, a state prisoner, challenges the interlocutory circuit court order denying his insolvency status in his civil suit against Scot Goldberg.… Medina v. FLORIDA EAST COAST RY., LLC Page 32651 866 So.2d 89 (2004) Charles MEDINA, Appellant, v. FLORIDA EAST COAST RAILWAY, L.L.C., Appellee.… Honzik v. State Page 32652 Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… Sainte v. State Page 32655 864 So.2d 506 (2004) Darius SAINTE, Appellant, v. STATE of Florida, Appellee.… Karger v. Career City College, Inc. Page 32656 Herbert Brian Karger appeals an order denying unemployment benefits.… Tabor v. State Page 32657 864 So.2d 1171 (2004) Robert TABOR, Appellant, v. STATE of Florida, Appellee.… State v. Rutherford Page 32660 This is an appeal by the State of Florida from an order granting appellee’s, Bryce L.… 861 So.2d 1285 (2004) ROBERT C. MALT & CO, Appellant, v. CARPET WORLD DISTRIBUTORS, INC, Dick's Carpet World Distributors, Inc, Richard Susco a/k/a Richard M.… Lohmeier v. Himmelspach (In Re Lohmeier) Page 32664 OPINION DENYING RIGHT TO JURY TRIAL Plaintiff filed his complaint on December 13, 2002, including with it a demand for a jury trial.… Williams v. State Page 32665 Appellant, who was convicted of car jacking, argues that his taking the victim’s car did not involve fear or force and accordingly the trial court should have granted his motion for judgment of acquittal on that charge.… Heinrick v. Barnhart Page 32667 298 F.Supp.2d 887 (2004) Linn J. HEINRICK, Plaintiff, v. Jo Anne B.… Fisher v. John Carter and Associates, Inc. Page 32668 864 So.2d 493 (2004) Dennis FISHER, Jr., Appellant, v. JOHN CARTER AND ASSOCIATES, INC., a Florida corporation, and T.… OPINION On August 22, 2002, the parties consented to the jurisdiction of this Court for all further proceedings, including trial and an order of final judgment.… Szniatkiewicz v. Unemployment Appeals Com'n Page 32674 864 So.2d 498 (2004) Szyja SZNIATKIEWICZ, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Herco Holding Corporation, Appellees.… City of Hollywood v. Petrosino Page 32691 864 So.2d 1175 (2004) CITY OF HOLLYWOOD, Appellant, v. Lou PETROSINO, Appellee.… Grant v. State Page 32735 864 So.2d 503 (2004) Dwayne GRANT, Appellant, v. STATE of Florida, Appellee.… Walker v. State Page 32740 The order denying appellant’s 3.850 motion for post-conviction relief is affirmed without prejudice to the filing of a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).… In re Burden Page 32742 OPINION Opinion by Kim Wayne Burden has filed a petition for writ of mandamus in which he asks this Court to order the Honorable William Porter, 276th Judicial District Judge of Camp County, Texas, to order the negotiated plea agreement entered before that court to be honored by the State.… Lewis v. State Page 32745 OPINION Opinion by Kevin Lewis, a/k/a Kevin Tyrone Lewis (Kevin) was one of three individuals who attacked Jack Torres-Diaz (Jack), a mentally retarded twenty-four-year-old male functioning at the level of a five- or six-year-old child.… Ex Parte Hearing Page 32758 OPINION Opinion by David Hearing wants to stay in Texas rather than return to Tennessee to face two murder charges.… AMENDED ORDER AFFIRMING IN PART AND REJECTING IN PART RECOMMENDED DECISIONS OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the court on August 6, 2003, with copies to counsel, his Memorandum Decision on Motion to Strike and Recommended Decision on Defendant Environmental Management Group’s… Anderson v. County of Nassau Page 32766 MEMORANDUM OF DECISION AND ORDER The pro se plaintiff Joel Anderson (“Anderson” or the “plaintiff’) filed an amended complaint alleging that the defendants Nassau County, the City of Long Beach and Detective Shaun Dowling (“Dowling”) (collectively, the “defendants”) are liable for false arrest, unlawful imprisonment… Henry L. Conway, Jr., Claimant-Appellee v. Anthony J. Principi, Secretary of Veterans Affairs Page 32855 The Secretary of Veterans Affairs (“Secretary”) appeals from a decision of the United States Court of Appeals for Veterans Claims (‘Veteran’s Court”) remanding a veteran’s claim for service-connected disability compensation to the Board of Veterans’ Appeals (“Board”).… United States v. Sanchez Page 32864 In these consolidated appeals, two participants in a mindless carjacking and double homicide strive to convince us that the district court sentenced them more onerously than the law permits.… Rodríguez-García v. Municipality of Caguas Page 32870 The American common law rule is that generally the filing of a prior judicial action does not toll the statute, of limitations.… OPINION Debtor/Appellant, William C. Miller (“Appellant”) appeals an order of the United States Bankruptcy Court for the District of Utah (“bankruptcy court”) that denied Appellant’s motion to convert his Chapter 7 case to one under Chapter 13 of the Bankruptcy Code on the grounds that there were circumstances… In Re CT Page 32945 82 P.3d 123 (2003) 2003 OK CIV APP 107 In the Matter of C.T., a Deprived Child.… 355 F.3d 1277 Gladys GREGORY, Plaintiff-Appellee,v.GEORGIA DEPARTMENT OF HUMAN RESOURCES, Defendant-Appellant.… MEMORANDUM On September 9, 2002, fire damaged a yacht owned by the plaintiff, Carney Family Investment Trust (“CFIT”), and insured with defendant Insurance Company of North America (“INA”) for over $1.1 million in property damage.… Rogers v. Burger King Corp. Page 32960 82 P.3d 116 (2003) 2003 OK CIV APP 108 Pauline L.… Harris v. State Page 32962 84 P.3d 731 (2004) 2004 OK CR 1 Jimmy Dean HARRIS, Appellant v. STATE of Oklahoma, Appellee.… Harris v. State Page 32962 84 P.3d 731 (2004) 2004 OK CR 1 Jimmy Dean HARRIS, Appellant v. STATE of Oklahoma, Appellee.… OPINION Investors who purchased stock of The Clorox Company between October 19, 1998 and August 11, 1999 appeal the district court’s summary judgment and judgment on the pleadings in their action against Clorox, First Brands Corporation, and several officers of the two companies1 (collectively Clorox), for violations… In this appeal, we consider whether the bankruptcy court appropriately dismissed a Chapter 7 bankruptcy for substantial abuse pursuant to 11 U.S.C.… Berne v. Boschulte Page 32966 MEMORANDUM I. INTRODUCTION On February 18, 2003, Gary Berne brought this action to enforce a settlement agreement and recover damages from Louis Boschulte, Marjorie Lewis, and Dilsa Capdeville.… O'Rourke v. United States Page 32967 298 F. Supp. 2d 531 (2004) William O'ROURKE, Individually; Laura O'Rourke, Individually; & Laura O'Rourke, as Next Friend of Brock O'Rourke, Plaintiffs, v. UNITED STATES of America; University of Texas Medical Branch, Galveston; Beth Serrano, M.D.; Antonio J.… Motor Coach Industries, Inc. (“Appellant”) appeals the bankruptcy court order authorizing Wayne Drewes (“Trustee”) to conduct an examination of the Appellant pursuant to Federal Rule of Bankruptcy Procedure 2004.… Doe v. Tenet Page 32972 ORDER The majority of the panel has voted to deny appellee’s petition for rehearing and petition for rehearing en bane.… Kaul v. Hanover Direct, Inc. Page 32978 OPINION In this case, plaintiff Rakesh K.… United States v. Cadieux Page 33055 ORDER DENYING DEFENDANT’S MOTION FOR SUPPRESSION HEARING BEFORE DISTRICT COURT JUDGE I.… United States v. Dumeny Page 33057 ORDER This matter originally came before the Court, pursuant to Title 18, United States Code, Section 4241, on a motion to determine competency of Defendant Jason M.… Chaloult v. Interstate Brands Corp. Page 33058 MEMORANDUM OF DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES Plaintiff Raymond Chaloult, Sr., having obtained a jury verdict for $1 in nominal damages in a trial against Defendant Interstate Brands Corporation, now seeks his attorney’s fee under the Maine Human Rights Act, 5 M.R.S.A.… AMENDED ORDER 1 Plaintiff, Century Indemnity Company (Century), filed this action after expending funds in connection with the remediation of a hazardous waste site.… Park East Ltd. Co. v. Gordon Page 33064 82 P.3d 1031 (2003) 2004 OK CIV APP 1 PARK EAST LTD.… Caldwell v. Curioni Page 33082 OPINION Opinion by Appellants Warren and Laura Caldwell (“Caldwells”) brought suit against appellee David Curioni for damages for personal injuries and property damage allegedly caused by the infestation of toxic mold in the house the Caldwells rented from Cu-rioni.… Smith v. Carbide and Chemicals Corp. Page 33085 298 F. Supp. 2d 561 (2004) Warren SMITH, et al., Plaintiffs v. CARBIDE AND CHEMICALS CORPORATION, et al., Defendants.… Sheets v. Sheets Page 33138 83 P.3d 901 (2003) 2004 OK CIV APP 3 Michael Edward SHEETS, Plaintiff/Appellee, v. Andra Lynn SHEETS, now Andra Lynn Baird, Defendant/Appellant.… Phansalkar v. Andersen, Weinroth & Co. Page 33409 Appellants Andersen, Weinroth & Co., L.P., G.… Colorado Environmental Coalition v. Wenker Page 34490 The Federal Land Policy and Management Act (“FLPMA”) of 1976 § 309, 43 U.S.C.… Hutchinson v. Lykes Smithfield Packing Page 34503 870 So.2d 144 (2004) Lois HUTCHINSON, Appellant/Cross-Appellee, v. LYKES SMITHFIELD PACKING and Gallagher Bassett Services, Inc., and Travelers Property & Casualty, Appellees/Cross-Appellants.… APPEAL DISMISSED. See Fla. R. Civ. P. 1.230; Env.… OPINION delivered the opinion of the court, in which W.… In this workers’ compensation case, the employer and servicing agent appeal, and the claimant cross-appeals, from an order awarding temporary partial disability ben*449efits.… Connell v. Floyd Page 34511 866 So.2d 90 (2004) Julie CONNELL, Century 21R.… 864 So.2d 1178 (2004) Jeffrey W. WELKER, Appellant, v. SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., a corporation, Appellee.… The Florida Department of Environmental Protection has appealed a Final Order of the Division of Administrative Hearings, which reduced penalties assessed against Holmes Dirt Service, Inc. and William J.… City of Miami v. Arostegui Page 34544 In this workers’ compensation case, we reverse the order of the judge of compensation claims directing the employer to pay permanent total disability supplemental benefits, together with interest and penalties thereon.… OPINION This case arises from the allegedly unlawful termination of appellant Catherine Waller by the Bexar County Sheriffs Department.… Upon consideration of the appellant’s response to the Court’s order of October 16, 2003, the Court has determined that the order on appeal is not final.… Battles v. Florida State Hospital Page 34739 The Judge of Compensation Claims has informed the parties that a transcript of the testimony of three witnesses who appeared at the attorney’s fee hearing in this matter cannot be prepared, and the parties have indicated to this court that they are unable to provide a satisfactory substitute for the transcript.… Guest v. Dixon Page 34740 153 S.W.3d 466 (2004) James GUEST[1] and Anita Guest, Appellants, v. Austin L.… Aqui v. Sasser Page 34779 This is an appeal from a final order changing the surname of the parties’ minor child from Aqui to Sasser.… Christian Coalition of Alabama v. Cole Page 34832 The Christian Coalition of Alabama (“CCA”) appeals the district court’s ruling that the CCA’s case against the members of the Alabama Judicial Inquiry Commission (“JIC”) is moot.… Carlson v. Diaz (In Re Carlson) Page 34839 OPINION Appellant Ronald L. Carlson appeals from an Order Sustaining Objection in which the bankruptcy court denied his *480 claim to a homestead exemption in the trailer that serves as his primary residence.… E. Stephen Dean v. Thomas K. Byerley Page 34841 354 F.3d 540 E. Stephen DEAN, Plaintiff-Appellant,v.Thomas K.… Ijeoma Ejelonu v. Immigration and Naturalization Service, Department of Homeland Security Page 34849 CLAY, J., delivered the opinion of the court, in which MOORE, J., joined.… Harris v. State Page 34850 The defendant-appellant, Samuel L. Harris, filed an appeal from the Superior Court’s September 25, 2003 order denying his motion for correction of sentence pursuant to Superior Court Criminal Rule 35(a).… Ford Motor Co. v. Cooper Page 34859 OPINION Opinion by John T. Cooper purchased a new 1998 Lincoln Town Car irom Crane Lincoln Mercury, Inc., an authorized dealer for Ford Motor Company, in Texarkana.… In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-03-00136-CV ______________________________ IN THE MATTER OF THE MARRIAGE OF MAX MUNISH MEHTA AND RAJNI KALRA MEHTA AND IN THE INTEREST OF AARON MEHTA, A CHILD … Ex Parte Wood Page 34866 OPINION Opinion by Douglas Wood has filed an original ha-beas proceeding in which he seeks post-conviction relief pursuant to chapter eleven of the Texas Code of Criminal Procedure.… State v. Wagner Page 34867 863 So.2d 1224 (2004) STATE of Florida, Petitioner, v. Alfred J.… OPINION Opinion by Truman W. Smith Children’s Care Center, L.L.C., d/b/a Truman W.… Brown v. United States Page 34904 After a jury trial, appellant was convicted of six counts of first-degree child sexual abuse, 1 one count of escape from a halfway house while on pretrial release, 2 and one count of failure to appear in court when required, a violation of the Bail Reform Act (“BRA”).… In Re Schlemmer Page 34986 We review a Report and Recommendation by the Board on Professional Responsibility (the “Board”) that Respondent Donald L.… 354 F.3d 761 Kelvin D. PEEBLES, Appellant,v.John E.… Gonzalez v. Wal-Mart Stores, Inc. Page 35440 OPINION and ORDER The plaintiff, Luz Maria Gonzalez, brought this action in the New York State Supreme Court, New York County, against Wal-Mart Stores and Sam’s Club (collectively, “Sam’s Club”), alleging that the defendants’ negligence caused Gonzalez to slip, fall, and injure herself in the parking lot of a Sam’s… OPINION AND ORDER Raytheon Company (“Raytheon”) brings this action against National Union Fire Insurance Company of Pittsburgh, Pa.… Paden v. Paden Page 35463 Bart Alan Paden (husband) appeals parts of the judgment entered in an action for dissolution of marriage brought by Jennifer Lynn Paden (wife).… United States v. Colon-Solis Page 35467 Defendant-appellant Miguel H. Colón-Solís (Colón) appeals from a sentence imposed after a guilty plea to a single count of conspiring to distribute a controlled substance (cocaine).… Pradhan v. Al-Sabah Page 35473 299 F.Supp.2d 493 (2004) Dr. S. PRADHAN, et al.… Musquiz v. Marroquin Page 35534 OPINION This is a direct appeal from a bench trial involving judicial construction of a general durable power of attorney.… Williams v. Williams Page 35536 OPINION Appellee Jackie Williams 1 filed a petition to terminate the parent-child relationship between appellant Lydia Williams and her daughter, K.W.… OPINION We withdraw our opinion and judgment issued on August 29, 2003, and substitute this one in its place, and the Court overrules the motion for rehearing en banc.… Texas Parks & Wildlife Department v. Dearing Page 35543 OPINION This is an interlocutory appeal from the denial of a plea to the jurisdiction and the certification of a class action asserting disparate-impact liability for age discrimination under the Texas Commission on Human Rights Act (the “Act”).… Dickerson v. City of Denton Page 35544 298 F. Supp. 2d 537 (2004) Eugene DICKERSON d/b/a Affordable Auto Repair, d/b/a A-1 Recovery v. CITY OF DENTON.… Office of Child Advocate v. Lindgren Page 35546 DECISION AND ORDER This matter is before the Court on an objection filed by Jay G.… Cantu v. Texas Workforce Commission Page 35547 OPINION In a suit alleging age discrimination under the Texas Commission on Human Rights Act, the district court granted summary judgment in favor of the Texas Workforce Commission and the Employees Retirement System, dismissing all discrimination claims and declaring that the Retirement System did not violate former… OPINION This case arises out of a dispute over the proceeds of a group life insurance policy.… Roxanne Bell v. United States Page 35553 OPINION Many employers are required to withhold various taxes from the wages of their employees, which the employers hold in trust until the taxes are paid over to the federal government.… CLAY, J., delivered the opinion of the court, in which COOK, J., joined.… Fuat Yildiz here appeals his conviction for violating the Hobbs Act, 18 U.S.C.… On August 11, 2001, James Avery, then 18 years old, was employed on the M/V Reflections, a yacht docked in Newport, Rhode Island.… Allstate Insurance Co. v. Scroghan Page 35754 OPINION Case Summary Allstate Insurance Company appeals from the trial court's order requiring it to produce documents, which Allstate claims will cost approximately $12 million to produce.… State v. Stubbs Page 35778 84 P.3d 837 (2004) 2004 UT App 3 STATE of Utah, Plaintiff and Appellee, v. Parley Parker Pratt STUBBS, Defendant and Appellant.… Opinion issued January 8, 2004 In The Court of Appeals For The First District of Texas NO.… Ridgecrest Retirement & Healthcare v. Urban Page 35935 OPINION Plaintiffs/appellees, Darlyn Jill Urban, individually, and as representative of the estate of Donald G.… Lumpkin v. State Page 35942 OPINION A jury found appellant, Leroy Lumpkin, guilty of possession of cocaine, in an amount more than one gram but less than four grams, and of tampering with evidence.… Petitioner Troy Brown appeals from the judgment of the United States District Court for the Southern District of New York (Kaplan, J.) denying his petition for a writ of habeas corpus to overturn his New York State conviction for attempted aggravated assault on a police officer, which resulted in an indeterminate… Doe v. Rumsfeld Page 35994 ORDER On December 22, 2003 the Court issued a Preliminary Injunction enjoining the defendants from inoculating service members without their consent.… 299 F. Supp. 2d 348 (2004) MATSUSHITA ELECTRICAL INDUSTRIAL CO., LTD., Plaintiff, v. CINRAM INTERNATIONAL, INC., Defendants.… 299 F. Supp. 2d 370 (2004) MATSUSHITA ELECTRICAL INDUSTRIAL CO., LTD., Plaintiff, v. CINRAM INTERNATIONAL, INC., Defendant.… Gibson v. Mayor of Wilmington Page 36059 Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit 1-8-2004 Gibson v. Mayor Cncl Precedential or Non-Precedential: Precedential Docket No. 02-3952 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Gibson v. Mayor Cncl"… Hisey v. State Page 36246 OPINION Appellant, David Sidney Hisey, was charged by indictment with capital murder for intentionally or knowingly causing the death of Sunnye Hisey on or about November 15, 1999 and for intentionally or knowingly causing the death of Hollis Hi-sey on or about July 15, 2000 pursuant to the same scheme or course of… 874 So.2d 1 (2004) HUNTINGTON ON THE GREEN CONDOMINIUM, etc., Appellant/Cross-Appellee, v. LEMON TREE I-CONDOMINIUM, etc., Appellee/Cross-Appellant.… Miller v. State Page 40505 865 So.2d 584 (2004) Lynn MILLER, Appellant, v. STATE of Florida, Appellee.… Bowhey v. State Page 40510 Gary B. Bowhey appeals the judgment and sentence imposed as a result of his convictions for resisting a law enforcement officer with violence, attempting to deprive an officer of protection and/or communication, two counts of battery on a law enforcement officer, and violation of an injunction.… Segui v. Margrill Page 40512 Margrill sued Segui for repayment of a loan and prevailed.… Woodson v. State Page 40521 864 So.2d 512 (2004) Dwaine WOODSON, Appellant, v. STATE of Florida, Appellee.… Comcast SCH Holdings, Inc. (Comcast), appeals an order granting Rolling Greens MHP, L.P.’s (Rolling Greens) Amended Motion to Strike and the entry of a final judgment in favor of Rolling Greens.… Skriver v. State Page 40524 Kevin Skriver appeals his judgment and sentence which were entered by the trial court after a jury found Skriver guilty of committing the crime of aggravated battery upon a pregnant person in violation of section 784.045(l)(b) of the Florida Statutes (2001).… Tomengo v. State Page 40526 864 So.2d 525 (2004) Carl D. TOMENGO, Appellant, v. STATE of Florida, Appellee.… Ellis v. Burk Page 40529 866 So.2d 1236 (2004) Scott ELLIS, etc., et al., Appellants, v. Kay BURK, Melton E.… Walukiewicz v. UNEMPLOYMENT APPEALS COM'N Page 40533 861 So.2d 1288 (2004) Lorraine WALUKIEWICZ, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.… Estate of Heid v. Heid Page 40536 Velma J. Jones, the personal representative of the estate of Blanche A.… Carlyle v. Carlyle Page 40537 AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979) (holding that in appellate proceedings, where no transcript is provided, a trial court’s decision has the presumption *1291of correctness, and the burden is on the appellant to demonstrate error).… MEMORANDUM Plaintiff relator Jeffrey Goldstein has filed a motion seeking withdrawal of an order I entered on November 12, 2003, staying this action in response to a suggestion of bankruptcy filed by defendant.… Power v. Power Page 40542 Denis Patrick Power (“Personal Representative”), who is the personal representative of the Estate of Niall Power, appeals a nonfinal order modifying a final judgment of dissolution of marriage between Mr. Power and his former wife, Caitlin Barry Power.… Rodriguez v. McGraw-Hill Companies, Inc. Page 40544 *677 OPINION AND ORDER With the gruesome example of AIDS so salient in our collective consciousness, it should come as no surprise that “new” diseases are first recognized by their symptoms and only much later by their etiology.… In this construction dispute, the issue is whether the contract between the parties is unenforceable, thereby rendering the arbitration clause contained therein, likewise, unenforceable.… Harris v. Senkowski Page 40546 MEMORANDUM AND ORDER The Court grants petitioner Damecha Harris’ (“Harris”) habeas corpus petition challenging, pursuant to 28 U.S.C.… Traeger v. CREDIT FIRST NAT. ASS'N Page 40548 864 So.2d 1188 (2004) Carl S. TRAEGER, Appellant, v. CREDIT FIRST NATIONAL ASSOCIATION, etc., Appellee.… Adams v. Quattlebaum Page 40557 MEMORANDUM OPINION Granting the Plaintiff’s Motion to Amend the Complaint and Denying the Defendant’s Motion to Dismiss Without Prejudice I.… United States v. Vargas-Duran Page 40558 Revised February 5, 2003 UNITED STATES COURT OF APPEALS FIFTH CIRCUIT ____________ No. 02-20116 ____________ UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ENRIQUE VARGAS-DURAN, Defendant - Appellant.… United States v. Vargas-Duran Page 40558 356 F.3d 598 UNITED STATES of America, Plaintiff-Appellee,v.Enrique VARGAS-DURAN, Defendant-Appellant.… Caples v. State Page 40559 Appellant, Gary Capíes [“Capíes”], appeals the lower court’s denial of his motion to withdraw a plea.… Dumas v. Marrero Page 40561 864 So.2d 531 (2004) Eugene DUMAS, Jr., Petitioner, v. Theodore MARRERO, Jr., Respondent.… Rosado v. State Page 40563 864 So.2d 533 (2004) Merced ROSADO, Petitioner, v. STATE of Florida, Respondent.… Rogers v. State Page 40567 864 So.2d 521 (2004) John Richard ROGERS, Appellant, v. STATE of Florida, Appellee.… Harvey v. Veneman Page 40568 ORDER AFFIRMING IN PART AND REJECTING IN PART RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the court on October 10, 2003, with copies to the parties, her Recommended Decision on Cross Motions for Summary Judgment.… Glenn v. State Page 40569 861 So.2d 1289 (2004) Joseph GLENN, Sr., Appellant, v. STATE of Florida, Appellee.… Surrey Place of Ocala v. Goodwin Page 40570 Petitioners, Surrey Place of Ocala Partnership, L.B.… Witt v. State Page 40571 The appellant, Omar Sharif Witt, appeals the summary denial of his rule 3.850 motion based on the trial court’s determination that the motion was not timely filed.… Riley v. State Page 40626 The petition for belated appeal is facially insufficient because it was not made under oath.… Lawhon v. State Page 40629 We affirm the defendant’s sentence on the authority of Hersey v. State, 831 So.2d 679 (Fla.… Smith v. State Page 40743 Henry Lincoln Smith has appealed the denial of his rule 3.850 motion without prejudice.… Freeman v. Barnhart Page 41203 298 F.Supp.2d 1163 (2004) Troy L. FREEMAN, Plaintiff, v. Jo Anne B.… Shell Cortez Pipeline Co. v. Shores Page 41411 OPINION I. INTRODUCTION Two groups of Appellants, the Mobil defendants 1 (collectively referred to as “Mobil”) and the Shell defendants 2 (collectively referred to as “Shell”) bring interlocutory appeals from a class certification order entered by the statutory probate court of Denton County.… Armstrong v. Rushton (In Re Armstrong) Page 41428 OPINION Appellant Donald E. Armstrong (“Appellant”) appeals from an order of the United States Bankruptcy Court for the District of Utah dismissing his Chapter 13 case for cause on the motion of Appellees Kenneth A.… Opinion for the Court filed by Circuit Judge EDWARDS.… Opinion for the Court filed by Circuit Judge EDWARDS.… United States v. Pickett, James Page 41495 concurring: I concur in the holding that the judgment of conviction must be reversed because the indictment failed to inform Pickett of the charges against him by omitting an essential element of the offense.… Whitaker, Julian v. Thompson, Tommy Page 41498 Opinion for the Court filed by Senior Circuit Judge WILLIAMS.… In re Madison Guaranty Savings & Loan Page 41499 Opinion of the Special Court filed PER CURIAM.… Flynn, John v. Flores, Priscilla Page 41500 Opinion for the Court filed by Chief Judge GINSBURG.… Belt v. State Page 41504 OPINION Appellant David Belt was indicted for the first-degree felony offense of aggravated sexual assault of a child under fourteen.… Crawford & Sons, Ltd. v. Besser Page 41705 MEMORANDUM OF DECISION AND ORDER This case involves an action by Crawford & Sons, Ltd. Profit Sharing Plan, James A.… OPINION The plaintiffs, Read & Lundy, Inc. (R & L) and Clifford McFarland, appeal from a summary judgment in favor of the defendant, the Washington Trust Company of Westerly (hereinafter “the bank”).… Mead v. Papa Razzi Restaurant Page 41721 840 A.2d 1103 (2004) Virginia MEAD et al.… Franco v. Latina Page 41746 OPINION This is a medical malpractice case in which the trial justice granted a new trial to the plaintiff, surgical patient Linda J.… In re William R. Page 41836 OPINION The respondent-mother, Cecelia Tamayo (mother), appeals from a Family Court decree terminating her parental rights to her two sons: William (born June 19,1991) and Mark (born May 31, 1997).… Gordon R. England, Secretary of the Navy (“Navy” or “government”), appeals the decision of the Armed Services Board of Contract Appeals (“Board”) that awarded $278,076.25 in termination settlement costs to The Swanson Group, Inc. (“Swanson”).… Harold Newton v. Mike Kemna Page 42228 Harold Newton was convicted in a Missouri state court of first degree murder, kidnapping, and two counts of armed criminal action.… Petitioner Gregory Caliendo appeals the district court’s denial of his petition for writ of habeas corpus.… OPINION I. INTRODUCTION Vincente Prieto (“Prieto”) appeals the district court’s grant of partial summary judgment and amended judgment entered in favor of Paul Revere Life Insurance Company (“Paul Revere”).… OPINION AND ORDER American Home Assurance Co. (“American Home”) and Federal Insurance Co. (“Federal”) (collectively, the “Sureties”) appeal from the order of the Bankruptcy Court (Gonzalez, J.) denying summary judgment for the Sureties and dismissing the Complaint.… State v. Wilcox Page 42331 [¶ 1] The State appeals from a judgment of the Superior Court (Aroostook County, Hunter, J.) granting William Wilcox’s motion to suppress evidence seized in a search of his home.… Luna v. Comm. of Mass. Page 42372 Carlos Luna appeals from the district court’s denial of his petition for a writ of habeas corpus.… Freeman v. Basso Page 42381 In May of 1990, Gary Claus (“Claus”) was involved in an automobile accident in which his car struck another car that was carrying four individuals.… United States v. McAuley Page 42390 Appellant was tried by general court-martial, military judge alone.… 298 F. Supp. 2d 1182 (2004) PERRY H. BACON TRUST et al., Plaintiffs, v. TRANSITION PARTNERS, LIMITED, Defendant and Third-Party Plaintiff, v. Wachovia Securities, LLC; Scott P.… The principal question in this antitrust suit is whether at-shelf coupon dispensers are an economic market.… The four plaintiffs — all felons serving prison terms at Wisconsin’s Supermax penitentiary — filed this suit challenging a Wisconsin law which compels them to submit a deoxyribonucleic acid (DNA) sample for analysis and storage in a data bank.… Furtado v. Laferriere Page 42539 OPINION The plaintiff, Fatima Furtado (plaintiff), appeals from a final judgment in favor of the defendant, Claire A.… Konar v. PFL Life Insurance Page 42579 OPINION The plaintiff, Bryan D. Konar (plaintiff), appeals from a Superior Court summary judgment in favor of the defendant, PFL Life Insurance Company (PFL or defendant).… 299 F. Supp. 2d 1055 (2004) In re ICN PHARMACEUTICALS, INC., SECURITIES LITIGATION No. SACV 02-701 DOC.… Mackie v. U.S. Manufacturing, Inc. Page 42584 ORDER This matter is before the Court pursuant to Defendant Troy Grover’s October 10, 2003 Motion to Set Aside Entry of Default (docket no.… In Re Teligent, Inc. Page 42587 303 B.R. 728 (2004) In re TELIGENT, INC., et al., Reorganized Teligent.… In re Lucius Page 42588 ATTORNEY DISCIPLINARY PROCEEDINGS In this matter, both respondent, Harold Dean Lucius, Jr., and the Office of Disciplinary Counsel (“ODC”) seek review of a ruling of the disciplinary board ordering that respondent be publicly reprimanded.… In re Aaron Page 42590 ORDER Considering the Joint Petition for Interim Suspension filed by respondent, Stanley R.… Session v. Perry Page 42591 Various voters, members of Congress, the City of Austin, Texas, the GI Forum, the League of United Latin American Citizens (“LULAC”), and voters of Cherokee County challenge congressional redistricting set forth in Plan 1374C, enacted into law by the Texas Legislature on October 12, 2003,1 and precleared by the… Smith v. State Page 42593 83 P.3d 12 (2004) Byron S. SMITH, Appellant, v. STATE of Alaska, Appellee.… State v. Lott Page 42595 In re Michael Lott;—Defendant; Applying for Reconsideration of an Order of this Court Dated October 17, 2003, Parish of Jefferson, 24th Judicial District Court, Div.… In re Peebles Page 42599 ORDER Considering the Joint Petition for Transfer to Disability Inactive Status filed by respondent, Robert R.… In re Cudworth Page 42607 ORDER Considering the Application for Admission to the State Bar of Louisiana filed by petitioner, Jack W.… 86 P.3d 891 (2004) The ALASKA LEGISLATIVE COUNCIL, on behalf of the ALASKA STATE LEGISLATURE, Appellant, v. Honorable Tony KNOWLES, in his official capacity as Governor of the State of Alaska, Appellee.… In Re Bunzl USA, Inc. Page 42615 OPINION In this mandamus proceeding, Bunzl USA, Inc. argues that the trial court abused its discretion by refusing to compel arbitration.… In Re Guardianship of JDS Page 42619 864 So.2d 534 (2004) In re GUARDIANSHIP OF J.D.S.… Young v. Dretke Page 42623 Edward Michael Young was convicted of murder and is now serving a sixty-year sentence in the Texas prison system.… ORDER Defendant badbusinessbureau.com owns and operates a website that displays consumer complaints against various businesses.… Hertz v. State Page 42804 81 P.3d 1011 (2004) Sidney R. HERTZ, Appellant, v. STATE of Alaska, Appellee.… Hollis v. City of Brighton Page 42906 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Ex Parte Canada Page 42908 890 So.2d 968 (2004) Ex parte Phillip A. CANADA.… Grimsley v. Grimsley Page 42910 This is an appeal by the former wife from a judgment reducing the former husband’s child-support obligation from $2,500 per month to $1,500 per month.… Fort James Operating Co. v. Irby Page 42986 I dissent as to that portion of the main opinion declining to address the attorney-fee issue at this juncture.… Rehfeld v. Roth Page 43160 Sherry D. Roth Rehfeld ("the mother") appeals from a judgment of the Madison Circuit Court that, among other things, denied her petition to modify custody of two minor daughters born of the mother's marriage to Karl D.… Harris v. Lombardi Page 43161 897 So.2d 1136 (2004) Nathaniel HARRIS v. Leroy LOMBARDI.… OPINION OF THE COURT Mary Lombardy appeals from the Benefits Review Board’s decision and order affirming the Administrative Law Judge’s decision which denied Lombardy benefits on a survivor’s claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.… OPINION A suit alleging both age and disability discrimination.… Skandalakis v. Geeslin Page 43165 ORDER This bankruptcy appeal arises from the bankruptcy court’s ruling that Appellant, the District Attorney for the Coweta Judicial Circuit and an officer of the State of Georgia, wilfully violated an automatic stay under 11 U.S.C.… BP Products North America, Inc. v. Youssef Page 43166 ORDER In this action, BP Products North America (“BP”) successfully sued to collect on a promissory note (the “Note”).… Dingess v. Principi Page 43170 In Conway v. Principi, No. 03-7072, decided today, we hold that the United States Court of Appeals for Veterans Claims (“Veterans Court”) must “take due account of the rule of prejudicial error,” as stated in 38 U.S.C.… Patranella v. Principi Page 43171 In Conway v. Principi, No. 03-7072, decided today, we hold that the United States Court of Appeals for Veterans Claims (“Veterans Court”) must “take due account of the rule of prejudicial error,” as stated in 38 U.S.C.… Doe v. Merten Page 43173 MEMORANDUM OPINION At issue in this constitutional challenge to the alleged policies of various Virginia colleges and universities to deny admission to illegal alien applicants is whether the individual plaintiffs should be permitted to proceed anonymously.… MEMORANDUM OF DECISION The matter before the court is the above-captioned plaintiffs (the “Surety”) complaint (Doc.… Scacchi v. Dycom Industries, Inc. Page 43229 ORDER The plaintiff, Susan Scacchi, brings claims against her former employer, alleging that she was underpaid because of her gender.… Suboh v. Borgioli Page 45145 298 F. Supp. 2d 192 (2004) Mouna Kandy SUBOH, Individually, As Administratrix Of The Estate Of Ishaq Suboh, And As Next Friend Of Her Minor Daughter, Sofia Kandy, Plaintiffs, v. Carl BORGIOLI, Defendant.… Paulding v. Allen Page 45146 300 F. Supp. 2d 247 (2004) Edward PAULDING, Petitioner, v. Peter ALLEN Superintendent, Respondent.… Ramirez v. Consolidated HGM Corp. Page 45151 Opinion Gamaliel Ramirez, Jr. and Christina Ramirez (the Ramirezes) appeal from a final summary judgment denying them recovery against Consolidated HGM Corporation (HGM).… State v. Gray Page 45270 864 So.2d 128 (2004) STATE of Louisiana v. Deonta GRAY, et al.… Midgette v. Wal-Mart Stores, Inc. Page 45497 317 F. Supp. 2d 550 (2004) Marsha MIDGETTE, Plaintiff, v. WAL-MART STORES, INC., Defendant.… Petitioner Douglas Alan Roberts (“Roberts”) seeks a certificate of appealability (“COA”) on his claims that his attorney rendered ineffective assistance in his Texas death penalty trial, wherein he was convicted of capital murder and sentenced to death.… 299 F.Supp.2d 529 (2004) Minnie Kelly HUNT, William G.… Yadav v. Brookhaven National Laboratory Page 46615 ORDER The plaintiff pro se Rajeshwar Singh Ya-dav (“Yadav” or the “plaintiff’) brought this action against his employer Brookhaven National Laboratory (“BNL”) and Brookhaven Science Associates (“BSA”) (collectively, the “defendants”) alleging that he was denied a promotion and subjected to unequal terms and conditions… Casco Indemnity Co. v. Gonsalves Page 47026 OPINION Can one man’s trash be another man’s uninsured motor vehicle?… Cate v. State Page 47187 Opinion Appellant Bobby J. Cate appeals his conviction of aggravated sexual assault by contending in four issues 1) he received ineffective assistance of counsel, 2) the evidence is legally and factually insufficient to support the verdict that he was the person who committed the crime, 3) the trial court erred in… United States v. Clyde E. Hedger Page 47224 After Clyde E. Hedger (Hedger) pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C.… Selena Marquez, a Laotian female, sued her employer, Bridgestone/Firestone, Inc. (“Bridgestone”), for employment discrimination, alleging that Bridgestone discriminated against her because of her race or ethnic origin.… Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.… People v. Platt Page 48125 delivered the Opinion of the Court. In this interlocutory appeal, pursuant to section 16-12-102(2), 6 C.R.S.… City of Golden v. Simpson Page 48134 83 P.3d 87 (2004) CITY OF GOLDEN, a Colorado municipal corporation, Plaintiff, v. Hal D.… We consider here the scope of an insurer’s duty to defend a lawsuit on the basis of an unpled theory of recovery and damages.… Miller v. Yokohama Tire Corp. Page 48161 This case involves an effort to transform a California state law wage and hour claim into a federal RICO claim under 18 U.S.C.… United States v. Francisco Demapan Dela Cruz Page 48162 Francisco Dela Cruz, a resident of the Commonwealth of the Northern Mariana Islands (“CNMI”), was indicted by a federal grand jury on two counts of making telephonic bomb threats in violation of 18 U.S.C.… Plaintiffs Thomas Brademas and four partnerships of which he is the general partner, Pin Oak Manor Community Partnership; Western Manor Community Partnership; Corby Homes Community Partnership and Huntington Roads Apartments Partnership; and four limited liability companies of which he is the managing member, West… In 2001, Mohammed Mirza filed suit against Fleet Retail Finance seeking a $750,000 commission for allegedly acting as a loan finder for Fleet’s $150,000,000 loan agreement with Phar-Mor, Inc. The district court granted Fleet summary judgment on the issue of whether Fleet breached its oral contract to pay Mirza and… United States v. John Beard Page 48168 John Beard appeals from his conviction, after a jury trial, for carrying a gun during *692 and in relation to a drug offense, in violation of 18 U.S.C.… Mesarosh v. State Page 48878 OPINION James C. Mesarosh, II appeals his conviction for escape 1 as a Class C felony, raising a number of issues for review.… Bales v. Bales Page 48892 OPINION Bart Alan Bales (Father) appeals the trial court's denial of his motion to correct errors, which asked the court to reconsider its decision to abate Sharon Lynn Bales's (Mother) child support obligation for the support of the parties' child, C.B.… The Immigration and Naturalization Service (“INS”) appeals from the September 21, 2001 judgment of the United States District Court for the Western District of New York (Richard J.… Taylor v. Mass. Flora Realty, Inc. Page 49120 OPINION The plaintiff, Gertrude Taylor (plaintiff), appeals from a Superior Court summary judgment in favor of the defendant, Mass.… State v. Berryman Page 49392 ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO.… Spector v. Norwegian Cruise Line Ltd. Page 49707 This appeal presents the question whether Title III of the Americans with Disabilities Act (“ADA”) applies to foreign-flagged cruise ships.… Gwinn v. Awmiller Page 49840 Kevin Charles Gwinn appeals the district court’s order granting summary judgment against him and in favor of the defendant Colorado Department of Corrections (CDOC) officials on his 42 U.S.C.… Lee v. United States Air Force Page 49842 This case involves an environmental law challenge to United States Air Force (“U.S. Air Force”) plans to permit the German Air Force to station, for training purposes, thirty fighter aircraft at Hollo-man Air Force Base (“Holloman”), in addition to the twelve already there.… Soskin v. Reinertson Page 49843 353 F.3d 1242 Valentin SOSKIN, Bei Dei Howe, Eva Rosenthal, Vatchagan Tatevosian, Ginda K.… P. Stolz Family Partnership L.P. v. Daum Page 50787 Smart World Technologies (Smart World) was one of many technology companies that did not survive the bursting of the technology bubble during 2000.… Michaelesco v. Shefts Page 50870 RULING AND ORDER Chapter 13 debtor, Ortansa Michaelesco (“Michaelesco”), filed a Motion to Withdraw the Reference of her adversary proceeding currently pending in the bankruptcy court (the “Adversary Proceeding”).… State v. Garth Page 50872 ORDER Phillip L. Garth appeals the circuit court’s judgment convicting him of second degree murder, armed criminal action, and robbery.… Belcher v. State Page 50875 ORDER Mr. Robert Belcher filed a motion for post-conviction relief after a guilty plea, claiming the Interstate Agreement on De-tainers (LADA) was violated and the plea court lacked jurisdiction to accept the guilty plea.… Scott v. Board of Education Page 50991 OPINION Before the Court is a motion for a protective order (the “Motion”) filed by defendants the Board of Education of the City of East Orange (the “Board”); Everett Jennings (“Jennings”), a member of the Board; and Robert Bowser (“Bowser”), the Mayor of the City of East Orange, (collectively, “Defendants”).… Woodson v. City of Independence Page 50994 In 2001, the City of Independence (City) determined that a home owned by Mr. Robert L.… 299 F.Supp.2d 483 (2004) UNITED STATES of America, ex.… Reyes ex rel. Martin v. Reyes Page 50999 ORDER James Reyes, II (Father), appeals from a judgment entered in the circuit court of Platte County modifying the amount of child support he is to pay for his son, Anthony Logan Reyes, and ordering him to pay $3,300.00 in attorney’s fees.… Tucker v. Tucker Page 51002 Eric Tucker appeals from the circuit court’s denial of his motion to quash a Notice of Income Withholding filed by his ex-wife, Laurie Tucker (now White).… Jane Doe A. v. Green Page 51004 298 F.Supp.2d 1025 (2004) JANE DOE A, individually; John Doe, individually and as guardian for Jane Doe B, a minor, Plaintiffs, v. Jeremy GREEN, individually; Andre Denson, individually, J.… State v. Watkins Page 51005 The circuit court’s judgment convicting Warren Watkins of criminal nonsupport of his children rested entirely on Watkins not paying the amount of child support ordered by the circuit court in proceedings dissolving his marriage.… State v. Everage Page 51007 A jury convicted Germon Everage for second degree murder as an accomplice in the beating death of Obang Oman.… Estate of Rogers v. Battista Page 51013 Donna Gardner appeals the judgment holding her liable for improper purchases and transfers from the bank account of her deceased stepfather, Elliott Scott Rogers, and for failing to fulfill her duties as conservator of his estate.… People Ex Rel. Smdn Page 51015 674 N.W.2d 516 (2004) 2004 SD 5 The PEOPLE of the State of South Dakota in the Interest of S.M.D.N and C.P.N., Minor Children and Concerning P.A.N., P.S.… State v. McWilliams Page 51017 *598 ORDER Dennis McWilliams appeals the judgment entered upon his conviction by a jury of one count of felony animal abuse and one count of misdemeanor animal abuse in the destruction of two pet dogs, for which he was fined $1000 per count.… State v. Engle Page 51019 On January 14, 2003, Robert Engle (Defendant) pleaded guilty to domestic assault in the third degree.… Pessel v. Jenkins Page 51020 OPINION Opinion by Edward D. and Linda A.… State v. Hauser Page 51046 Gerald Hauser (Defendant) appeals from a trial court judgment convicting him of driving while intoxicated.… Ransom v. Pimentel Page 51101 Howard Ransom (Appellant) filed suit against Dr. Esperanza Pimentel (Respondent) for medical malpractice.… Role Models Amer Inc v. White, Thomas Page 51103 Opinion for the Court filed by Circuit, Judge TATEL.… Harris v. Federal Aviation Administration Page 51108 Opinion for the court filed by Circuit Judge HENDERSON.… Pierce v. Missouri Veterans' Home Page 51109 ORDER Willa Pierce (“Widow”) appeals the entry of summary judgment in her wrongful death action on the ground that it is barred by sovereign immunity.… Opinion for the Court filed by Circuit Judge TATEL.… State v. Blackman Page 51113 ORDER Gregory Blackman appeals his conviction of the class B felony of possessing prohibited articles in a correctional center in violation of section 217.360 RSMo 2000 for which he was sentenced, as a prior and persistent offender, to thirty years to be served consecutively to his current terms of incarceration.… Butler, Joan S. v. Barnhart, Jo Anne B. Page 51116 Opinion for the court filed by Circuit Judge HENDERSON.… Moore v. Northview Village, Inc. Page 51125 Christine Moore (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying her application for unemployment benefits.… Jesse and Mary Bussell (Plaintiffs) appeal from a summary judgment entered in favor of Tri-Counties Humane Society (Defendant) in this dog bite case.… Breeden v. Gainey Transportation Page 51206 David Breeden (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying his application for review as untimely.… Scherr v. General Nutrition Center Page 51218 Victoria Scherr (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) denying her application for review as untimely.… The procedural history, facts, and issues in this case are contained in our previous opinion, which certified dispositive questions of state law to the Georgia Supreme Court.… Cooley v. May Department Stores Co. Page 51231 Jeffrey Cooley (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) denying his application for review as untimely.… DeMarco v. Robertson Stephens Inc. Page 51232 OPINION AND ORDER This case concerns allegations that the defendant investment bank and its equity-research analyst engaged in a brazen scheme to defraud buyers of stock in the Corvis Corporation (“Corvis”), in violation of § 10(b) of the Exchange Act and federal insider trading laws, by engaging in a variation on a… Lighting & Power Services, Inc. v. Roberts Page 51248 United States Court of Appeals FOR THE EIGHTH CIRCUIT ________________ No. 02-3697 ________________ Lighting & Power Services, Inc., a * corporation, for the use and * benefit of United States of * America, * Appeal from the United States * District Court for the Appellant, * Eastern District of Missouri.… Lieberman v. Wyoming. Com LLC Page 51252 [T1] Wyoming.com LLC (hereinafter "Wyoming.com") is a Wyoming limited liability company of which E.… Geraldine Davis v. Mike Huckabee Page 51253 United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-3694/02-3695 ___________ Earnest Simes, Individually and in his * official capacity as Justice of the Peace * of Phillips County, Arkansas, * * Plaintiff-Appellant, * * Appeal from the United States Geraldine Davis, Individually and in * District… UNITED STATES v. JOSÉ VELEZ Page 51261 José Velez appeals from a judgment of conviction and sentence entered against him in the United States District Court for the Southern District of New York (Richard Conway Casey, Judge) for one count of possession of a firearm transported in interstate commerce, after a felony conviction, pursuant to 18 U.S.C.… Afshin Bahrampour v. R.O. Lampert, Superintendent Debbie Holland Teresa Hicks Kathy Stevens Page 51313 Afshin Bahrampour seeks reversal of the summary judgment entered in favor of the prison officials of the Oregon Department of Corrections (collectively “ODC”).… 299 F.Supp.2d 554 (2004) THE HANOVER INSURANCE COMPANY, Plaintiff, v. PAINT CITY CONTRACTORS, INC., GSPM Corporation, Georgios P.… OPINION This is a post-award bid protest before the court after argument on plaintiffs motion for summary judgment and defendant’s and in-tervenors’ cross-motions for judgment on the administrative record.… 299 F. Supp. 2d 565 (2004) TAO OF SYSTEMS INTEGRATION, INC., Plaintiff, v. ANALYTICAL SERVICES & MATERIALS, INC., Defendant and Counterclaim Plaintiff, v. Tao of Systems Integration, Inc., Dr. Siva Mangalam, Counterclaim Defendants.… Silver v. CPC-Sherwood Manor, Inc. Page 51325 84 P.3d 728 (2004) 2004 OK 1 Frank J. SILVER, Appellant, v. CPC-SHERWOOD MANOR, INC., a foreign corporation, Appellee.… ORDER THIS CAUSE comes before the Court on Defendant Embry Riddle Aeronautical University, Inc.’s motion for final summary judgment (Doc.… Chapman v. Clarendon National Insurance Page 51605 299 F. Supp. 2d 559 (2004) Jesse A. CHAPMAN, Plaintiff, v. CLARENDON NATIONAL INSURANCE COMPANY, Empire Fire and Marine Insurance Company, Scottsdale Indemnity Company, a/k/a Scottsdale Insurance Company, Allstate Insurance Company, Dollar Rent A Car Systems, Inc., a/k/a Dollar Rent-a-Car, t/a Dollar Rent-a-Car, P.R.T.… MEMORANDUM OF DECISION Chapter 7 Debtor Keith Mason (“Plaintiff’) seeks to discharge debts he incurred to finance his education under the “undue hardship” exception in 11 U.S.C.… AMENDED MEMORANDUM DECISION In this case, I have been asked to decide if consumer debtors must pay a utility deposit in order to satisfy 11 U.S.C.… Big Crow v. Rattling Leaf Page 51618 ORDER [¶ 1] Robert Rattling Leaf (“RRL”), a named defendant in this action brought pursuant to the Federal Tort Claims Act (“FTCA”), has filed a petition for certification pursuant to 28 U.S.C.… United States v. Jerardo Martinez-Cortez Page 51730 Jerardo Martinez-Cortez pleaded guilty to conspiracy to distribute five hundred grams or more of methamphetamine in violation 21 U.S.C.… Frank Thomas v. Law Firm of Simpson & Cybak Page 51733 354 F.3d 696 Frank THOMAS, Plaintiff-Appellant,v.LAW FIRM OF SIMPSON & CYBAK, et al., Defendants-Appellees.… MEMORANDUM AND ORDER This adversary proceeding was withdrawn from the Chapter 11 bankruptcy of plaintiff Franklin Savings Corporation (“FSC”).… Taylor v. Mississippi Board of Nursing Page 51741 for the Court. ¶ 1. Dietrich Taylor appeals from a judgment of the Chancery Court of Hinds County dismissing his appeal of an adverse decision of the Mississippi Board of Nursing (Board) finding that he had violated the Mississippi Nursing Practice Act.… United States v. Mateo Page 51763 *203 DECISION AND ORDER Defendant Jubelequis Mateo (“Mateo”) pled guilty before this Court to conspiring to distribute heroin.… 298 F. Supp. 2d 651 (2004) ALLSTATE INSURANCE COMPANY, Plaintiff, v. MY CHOICE MEDICAL PLAN FOR LDM TECHNOLOGIES, INC., Defendant.… State v. Davalos Page 51779 concurring. I concur in the result. As found by the majority opinion, Motes v. United States, 178 U.S. 458, 20 S.Ct.… Gomez v. Construction Design, Inc. Page 51781 I. William Gomez received a jury award of $3.76 million in a negligence action against Construction Design, Inc. (“CDI”).… State v. Zeimet Page 51782 OPINION Appellant, who was convicted of a felony-level enhanced DWI offense because of qualified prior impaired-driving incidents, disputes the enhancement of his offense based on prior civil incidents.… Fairley v. United States Page 51783 298 F. Supp. 2d 679 (2004) Marcus Quinn FAIRLEY, Petitioner, v. UNITED STATES of America, Respondent.… Heart City Chrysler/Lockmandy Motors (Heart City) appeals the State Board of Tax Commissioners' (State Board) final determinations valuing its real property for the 1990, 1991, and 1995 tax years.… State v. Roca Page 51785 866 So.2d 867 (2004) STATE of Louisiana v. Cesar ROCA, Sr. a/k/a Cesar Balari.… Stevens v. United States Page 51788 298 F. Supp. 2d 657 (2004) Scott Allen STEVENS, Petitioner, v. UNITED STATES of America, Respondent.… Cooper County ex rel. County Commission v. Circuit Court of the 18th Judicial Circuit of Missouri Page 51789 The Cooper County Commission deemed unreasonable the salary of the deputy juvenile officer, 18th Judicial Circuit.… Taney v. Independent School District No. 624 Page 51790 OPINION Respondent, Eunice Taney, brought a personal injury action against appellant, Independent School District No. 624(ISD).… State v. Williams Page 51793 This appeal raises issues of the requisite mental state for charging armed criminal action.… Holbrook v. State Page 51797 Dissenting. ¶ 48. The majority finds the location of the intended effects is sufficient both constitutionally and statutorily to vest proper venue in Panola County.… Pierson v. Treasurer of the State Page 51803 Thomas Pierson was injured in the course of his employment with The Boeing Company when he ruptured a cervical disc.… Olmanson v. Le Sueur County Page 51804 OPINION Appellant was snowmobiling on the east side of County Road 21, and he was injured when he crossed the road to enter the west ditch and collided with the side of a cement culvert running under the road.… Carpenter v. State Page 51818 126 S.W.3d 879 (2004) Jerry Neal CARPENTER v. STATE of Tennessee.… Miller v. City of St. Louis Page 51829 Kevin Miller (Appellant) appeals from the trial court’s judgment dismissing his petition without prejudice for failure to state a claim.… Shaffer v. Stewart Const. Co., Inc. Page 51830 865 So.2d 213 (2004) Gary SHAFFER and His Wife, Colleen Shaffer v. STEWART CONSTRUCTION COMPANY, INC., Marmac Corporation, d/b/a McDonough Marine Service International Construction Equipment, Inc., and ABC, DEF, and GHI Insurance Company.… Board of School Commissioners v. Walpole Page 51834 The relationship between a school board and its teachers is governed in Indiana by statute.… OPINION AND ORDER Sea Crest alleges that the Government breached plaintiffs contract by delaying approval of a final site plan for design and construction of family housing units at the United States Military Academy.… The Supreme Court has long asserted that “[i]n tax law, ...… United States v. Andy E. Maslin Page 51837 On May 10, 1999, a federal grand jury in Binghamton, New York returned a superseding indictment that charged Andy E.… Bates v. State Page 51840 155 S.W.3d 212 (2004) Charles BATES, Appellant, v. The STATE of Texas, Appellee.… United States v. Erik Brings White Page 51851 Following his guilty plea, Erik Brings White was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C.… Concepcion v. United States Page 52086 MEMORANDUM OF DECISION AND ORDER Manuel Concepcion (“Concepcion” or the “petitioner”), proceeding pro se, commenced these actions seeking the return of a 1988 Cadillac Seville (“Cadillac”) that was seized and administratively forfeited by the Drug Enforcement Agency (“DEA”).… 298 F. Supp. 2d 544 (2004) In re ELECTRONIC DATA SYSTEMS CORP.… United States v. Almohandis Page 52383 OPINION AND ORDER SETTING CONDITIONS OF RELEASE This case presents a complicated set of circumstances that have made it very difficult to set conditions of release which will reasonably assure the defendant’s appearance.… The United States filed a civil forfeiture complaint in the district court and on the same day obtained a pretrial restraining order under 18 U.S.C.… Mason v. Avaya Communications, Inc. Page 56366 Diane Mason sued her former employer Avaya Communications, Inc. (Avaya) alleging Avaya violated the Americans with Disabilities Act (ADA), 42 U.S.C.… In Re ROC Page 56919 131 S.W.3d 129 (2004) In re R.O.C. Pretrial.… Everest Exploration, Inc. v. URI, INC. Page 57050 OPINION Everest Exploration, Inc. appeals the summary judgment declaring that uranium leases held by its competitor, URI, Inc., were extended by payment of shut-in royalties and awarding URI its attorney’s fees.… In Re Mendoza Page 57059 131 S.W.3d 167 (2004) In re Angel MENDOZA.… Paramount Pictures Corp. v. REPLAY TV Page 57219 298 F. Supp. 2d 921 (2004) PARAMOUNT PICTURES CORPORATION, et al., Plaintiff, v. REPLAY TV, et al., Defendants.… Agency for Health Care Admin. v. HHCI LTD. Page 57222 865 So.2d 593 (2004) AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. HHCI LIMITED PARTNERSHIP, d/b/a Harborside Healthcare-Pinebrook, d/b/a Harborside Healthcare-Sarasota, d/b/a Harborside Healthcare-Nables, Appellee.… U.S. Markets, Inc. v. Irvine Page 57225 298 F.Supp.2d 743 (2004) U.S. MARKETS, INC., Plaintiff, v. William A.… Saunders v. State Page 57226 863 So.2d 458 (2004) Marie SAUNDERS, Appellant, v. STATE of Florida, Appellee.… United States v. Roberto Antonio Marte Page 57227 Roberto Antonio Marte appeals his conviction under 8 U.S.C.… 863 So.2d 450 (2004) ALL CHILDREN'S HOSPITAL, INC., and Florida Birth-Related Neurological Injury Compensation Association, Appellants, v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, Courtney Lynn Glenn, a minor, by and through Gregory H.… 298 F.Supp.2d 276 (2004) DREAMCATCHER SOFTWARE DEVELOPMENT, LLC Plaintiff, v. POP WARNER LITTLE SCHOLARS, INC.… Bell v. State Page 57255 As appellant asserts, the trial court erred when it resentenced him in his absence.… Ordonez v. State Page 57256 862 So.2d 927 (2004) Edgar ORDONEZ, Appellant, v. STATE of Florida, Appellee.… 865 So.2d 590 (2004) AMERISURE INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.… Horn v. Tandem Health Care of Florida, Inc. Page 57258 862 So.2d 938 (2004) Barbara A. HORN, Appellant, v. TANDEM HEALTH CARE OF FLORIDA, INC., Appellee.… State v. Reedy Page 57259 862 So.2d 941 (2004) STATE of Florida, Appellant, v. Eric REEDY, Appellee.… Davis v. State Page 57264 862 So.2d 931 (2004) Antonio DAVIS, Appellant, v. STATE of Florida, Appellee.… Szeremi v. State Page 57267 862 So.2d 935 (2004) Gene R. SZEREMI, Appellant, v. STATE of Florida, Appellee.… Burgess v. State Page 57269 Clarence Burgess appeals the summary denial of his motion for postconviction DNA testing filed pursuant to Florida Rule of Criminal Procedure 3.853.… Morris v. State Page 57273 ORDER Ronald E. Morris appeals from the denial, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief.… Clark v. State Page 57274 ORDER Morris Clark (“Movant”) appeals the denial of his post-conviction Rule 24.035 motion without a hearing.… Hoyt v. City of Arnold Page 57275 ORDER Plaintiff, Sam Hoyt, appeals from a judgment affirming the decision of the Personnel Board of Review of the City of Arnold sustaining his termination.… Booher v. Booher Page 57276 Laura Booher (‘Wife”) appeals from a judgment entered by the Circuit Court of Franklin County denying her Motion to Enforce Judgment and Distribute Marital Assets.… Anderson v. Anderson Page 57277 ORDER Eric Anderson appeals the trial court’s judgment and decree of dissolution.… Michel v. State Page 57280 Affirmed on the authority of State v. Franklin, 836 So.2d 1112 (Fla.… Aguilar v. State Page 57285 Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… Washington v. State Page 57286 866 So.2d 725 (2004) Isaac WASHINGTON, Appellant, v. The STATE of Florida, Appellee.… Washington v. State Page 57286 On Motion for Certification and Rehearing The motion for certification and rehearing is denied.… Wainer v. State Page 57287 In this appeal, the public defender has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.… This is an appeal of an order setting a child support arrearage, and denying relief *945from judgment on a 1993 child support order.… Schneider v. Schneider Page 57289 864 So.2d 1193 (2004) Andrew SCHNEIDER, Appellant, v. Ivy SCHNEIDER, Appellee.… Sheinheit v. Garrison Page 57290 Gianna Sheinheit appeals a final judgment for damages and a permanent injunction.… Toson v. State Page 57292 864 So.2d 552 (2004) Theron A. TOSON, Sr., Appellant, v. STATE of Florida, Appellee.… Sweat Transportation, Inc. v. Mena Page 57294 Affirmed. Houchins v. Florida E. Coast Ry.… Cain v. Swiderski Page 57295 Ellen Cain appeals from an Order on Parties’ Petitions for Modification; she raises two'issues- on appeal.… Daniels v. STATE, DEPT. OF HEALTH Page 57308 868 So.2d 551 (2004) Shari DANIELS, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH, Appellee.… Leyva v. State Page 57310 'Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… WEDGE HOTEL MAMT. LTD. v. Meier Page 57311 868 So.2d 552 (2004) WEDGE HOTEL MANAGEMENT, (BAHAMAS), LTD., Appellant, v. Victor A.… The plaintiff, Splash Entertainment, Inc. [Splash], appeals from an order denying its motion for summary judgment and from an order granting final summary judgment in favor of the defendant, Sons of Ireland, Inc. [Ireland].… Torres v. State Page 57317 We affirm the order denying post-conviction relief.… Seitz v. State Page 57378 Robert Seitz appeals an order revoking his probation.… Bauer v. State Page 57379 Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… McClendon v. State Page 57383 862 So.2d 945 (2004) Terrance D. McCLENDON, Appellant, v. STATE of Florida, Appellee.… Chaluts v. Nagar Page 57386 Amir Chaluts appeals an unusual order that is, in part, an order granting relief from a judgment pursuant to Florida Rule of Civil Procedure 1.540.… Perez v. Hospitality Ventures-Denver LLC Page 57387 298 F. Supp. 2d 1110 (2004) Laura PEREZ, Plaintiff, v. HOSPITALITY VENTURES-DENVER LLC; James Bowie; and Howard Langdon, Defendants.… Garcia v. State Page 57389 We affirm the trial court’s denial of appellant’s 3.800(a) motion.… Reid v. State Page 57392 Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… Adams v. Allen Page 57394 Affirmed. Fla. RApp. P. 9.315(a). Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (1979).… Whitiker v. State Page 57397 James Whitiker (Appellant) appeals the summary denial of his motion for postcon-viction relief, pursuant to rule 3.850, Florida Rules of Criminal Procedure, filed in connection with L.T.… Doral Commerce Park, Ltd. v. Teleglobe Communications Corp. (In Re Teleglobe Communications Corp.) Page 57398 MEMORANDUM OPINION I. INTRODUCTION On May 28, 2002, debtor-appellee Tele-globe Communications Corporation and certain of its affiliated entities (collectively, the “appellees”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C.… Affirmed. See Fla. R.App. P. 9.315(a). FARMER, C.J., POLEN and SHAHOOD, JJ., concur. Maya v. State Page 57405 *582 OPINION Opinion by The trial court awarded a $2,500.00 bond forfeiture judgment in favor of the State and against Cowboy Bail Bonds.… Carolina Casualty Insurance Company (“Carolina”) brought this declaratory judgment action against Continental Insurance Company (“Continental”), Alfred Burbach (“Burbach”), and Armstrong Rigging & Erecting, Inc. (“Armstrong Rigging”), 1 seeking a declaration relating to disputed insurance coverage.… In Re Abby D. Page 57407 OPINION The respondent-father, Joseph Doucette (respondent), appeals from a Family Court decree granting the adoption petition of Abby D.’s (Abby) natural mother, Tammy Macchio (Tammy), and maternal grandfather, Anthony Macchio (Anthony) 1 and terminating the respondent’s parental rights to Abby.… Paulette v. Paulette Page 57409 The court has reviewed appellant’s brief and finds that no preliminary basis for reversal has been demonstrated.… State v. Portes Page 57410 OPINION On June 28, 2000, three officers from the North Providence Police Department responded to 1605 Douglas Avenue, apartment 10, in that town as a result of a 9-1-1 call made by an unidentified male who reported a disturbance at that location.… Missouri inmate Randell Brown appeals the district court’s preservice dismissal of his 42 U.S.C.… LADONNA JOENS, — v. JOHN MORRELL & CO., — Page 57415 LaDonna Joens brought this Title VII action against John Morrell & Co. for hostile work environment, sex discrimination, and discriminatory retaliation.… City of New York v. B.L. Jennings, Inc. Page 57417 Plaintiff the City of New York moves (1) to lift the stay of these proceedings; and (2) for leave to file a second amended complaint.… 86 P.3d 899 (2004) Nada Itani RAAD, Appellant, v. ALASKA STATE COMMISSION FOR HUMAN RIGHTS, Appellee.… Owen v. State Page 57419 864 So.2d 557 (2004) Duane Eugene OWEN, Appellant, v. STATE of Florida, Appellee.… Ballard v. State Page 57421 OPINION delivered the opinion of the Court in which PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.… In Re Woodworkers Warehouse, Inc. Page 57424 MEMORANDUM OF DECISION ON APPLICATION TO RETAIN KRONISH LIEB WEINER & HELLMAN LLP This matter came before the Court for hearing on the Application Pursuant to Sections 327(a) and 328(a) of the Bankruptcy Code for Authorization to Retain Kronish Lieb Weiner & Heilman LLP as Counsel to the Debtor and Debtor in… Paredes v. State Page 57432 OPINION delivered the opinion of the Court in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., join.… Kawaguchi v. Bentle Page 57579 In these consolidated cases, Haruya Ka-waguchi appeals the final judgment entered in favor of Nancy J.… This is another case in which an order adjudicating a child dependent was entered based upon a “default.” The Department of Children and Family Services concedes error.… 355 F.3d 640 VISION FINANCIAL GROUP, INC., Plaintiff-Appellee,v.MIDWEST FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant.… United States v. Harold Patrick Mitchell Page 57702 Harold Mitchell appeals the 60-month sentence imposed by the District Court following his 2002 guilty plea to conspiracy to distribute, and distribution of, methamphetamine and cocaine in violation of 21 U.S.C.… Mena v. City of Simi Valley Page 57714 ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC ORDER The panel has voted to deny the petition for rehearing and the suggestion for rehearing en banc.… Playboy Enterprises International, Inc. (PEI) appeals from the district court’s grant of summary judgment in favor of Netscape Communications Corporation and Excite, Inc. PEI sued defendants for trademark infringement and dilution.… Defendant Professional Engineers in California Government (“PECG”) is the exclusive bargaining agent for a unit of California state employees and has entered into a collective-bargaining agreement with the state.… In Re JO Page 57744 675 N.W.2d 28 (2004) In the Interest of J.O., Minor Child, M.O., Father, Appellant, A.C., Mother, Appellant.… Beier v. City of Lewiston Page 57747 OPINION Officer Joedy Mundell and Corporal Brad Mittendorf (collectively “the officers”) arrested Rafael Beier for violating a temporary protection order the terms of which they had neither read nor ascertained from authorized personnel.… 298 F. Supp. 2d 81 (2004) NORTEL NETWORKS, INC., Plaintiff, v. GOLD & APPEL TRANSFER, S.A., Defendant.… Bruggeman v. Blagojevich Page 60255 MEMORANDUM OPINION AND ORDER This case comes before this Court on the issue of whether Plaintiffs are entitled to discovery of any and all documents concerning the extent to which Defendants (1) have not obtained matching or federal Medicaid funding for its programs for persons with developmental disabilities; and (2)… Gmurzynska v. Hutton Page 60262 Plaintiff-appellant Galerie Gmurzynska (“Galerie”), an art gallery in Germany, sued defendant-appellees Leonard Hutton Galleries, Inc., a competing New York gallery, and its owner, Ingrid Hutton (collectively, “Hutton Galleries”), as well as three art experts, Magdalena Dabrowski, Euge-na Ordonez, and Alexandra… Plaintiff Lenore Raila was injured when she slipped on a package that had been left just below her front door step.… Jones v. City of Wilmington Page 60268 299 F.Supp.2d 380 (2004) David L. JONES, Plaintiff, v. CITY OF WILMINGTON, et al., Defendants.… 801 N.E.2d 661 (2004) The MIDWESTERN INDEMNITY COMPANY, as subrogee of Action Steel, Inc., and Louise Litwack, Appellants-Plaintiffs, v. SYSTEMS BUILDERS, INC., Varco-Pruden Buildings and A/E Technologies, Inc., Appellees-Defendants.… Amsbaugh v. Amsbaugh Page 60489 [¶ 1] Suzanne Amsbaugh appeals a Northwest Judicial District Court divorce judgment awarding her less than one-half of the marital estate and denying her spousal support and attorney fees.… State v. Morales Page 60491 [¶ 1] Paul Gerano Maldonado Morales appeals from a judgment of conviction of felony criminal trespass and simple assault of a police officer.… OPINION 1 This matter is before the Court on the Motion of the plaintiff, C.… Eagleman v. State Page 60643 [¶ 1] Matthew Eagleman appealed from an order summarily dismissing his application for post-conviction relief.… Binek v. Binek Page 60685 [¶ 1] Ruth Binek appealed from a divorce judgment enforcing a premarital agreement between her and Theodore Binek and denying her request for spousal support.… [¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer’s decision to suspend Della Mae Lee’s driving privileges for 91 days.… Fargo Glass and Paint Co. v. Randall Page 60690 [¶ 1] Fargo Glass and Paint Company (“Fargo Glass”) appealed from an order granting a motion for correction of judgment in its collection action against Charles C.… Argos v. ORTHOTEC LLC Page 60691 304 F.Supp.2d 591 (2004) ARGOS, Plaintiff, v. ORTHOTEC LLC, Defendant.… Nagel v. City of Bismarck Page 60696 [¶ 1] Galen Nagel appeals a judgment dismissing his petition for a writ of manda *269 mus to require the City of Bismarck and the Bismarck Police Department to reinstate him as a police officer.… Miller v. Washington Workplace, Inc. Page 60698 298 F. Supp. 2d 364 (2004) Margaret MILLER, Plaintiff, v. WASHINGTON WORKPLACE, INC., et al., Defendants.… In Re WO Page 60699 673 N.W.2d 264 (2004) 2004 ND 8 In the Interest of W.O.… Minifield v. Butikofer Page 60713 298 F. Supp. 2d 900 (2004) Merdice MINIFIELD, Plaintiff, v. Jason BUTIKOFER, et al., Defendants.… In Re BAB Page 60764 124 S.W.3d 417 (2004) In the Interest of B.A.B., a child.… OPINION This case arises from a breaeh-of-con-tract suit between Browning Construction Company (“Browning”) and Alamo College Community District (“ACCD”).… European Community v. RJR Nabisco, Inc. Page 60976 Plaintiffs-appellants are the European Community (“EC”) and various of its member states (collectively, the “EC plaintiffs”), as well as certain Departments of the nation of Colombia (the “Departments of Colombia,” and collectively with the EC plaintiffs, “plaintiffs”).1 They appeal from the judgment of the United… Edina Community Lutheran Church v. State Page 60979 673 N.W.2d 517 (2004) EDINA COMMUNITY LUTHERAN CHURCH, et al., Appellants, v. STATE of Minnesota, Respondent.… Ryder v. State Page 60988 83 P.3d 856 (2004) 2004 OK CR 2 James Chandler RYDER, Appellant v. STATE of Oklahoma, Appellee.… Mickens-Thomas v. Vaughn Page 61018 Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit 1-14-2004 Mickens-Thomas v. Vaughn Precedential or Non-Precedential: Precedential Docket No. 03-3714 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Mickens-Thomas v.… Rowe v. Miller Page 61019 MEMORANDUM OPINION Petitioner pleaded guilty in New York Supreme Court, New York County, to murder and criminal possession of a weapon, both in the second degree.… Viad Corp. v. Cordial Page 61021 299 F.Supp.2d 466 (2003) VIAD CORPORATION, Plaintiff, v. C.… Rice Services, Ltd. v. United States Page 61031 ORDER Defendant seeks reconsideration of the court’s July 29, 2003 Order and Judgment awarding plaintiff $31,709.38 in attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C.… Graham v. Smith Page 61044 MEMORANDUM DECISION ON MOTION TO AMEND COMPLAINT The plaintiffs, Robert Graham and Michael .Shane, move to amend their complaint in this action to eliminate the first count, renumber the second count .and change the relief requested in that count, and add a new count asserting a new claim.… Sever v. Glickman Page 61050 298 F.Supp.2d 267 (2004) Frank SEVER, Jr., Plaintiff v. Morton G.… United States v. Pappas Page 61058 298 F. Supp. 2d 250 (2004) UNITED STATES of America v. David PAPPAS No. CRIM.3:02 CV 191(CFD).… 298 F. Supp. 2d 1193 (2004) David L. KITCHEN, Plaintiff, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Defendant.… Hegna v. Islamic Republic of Iran Page 61107 MEMORANDUM ORDER Plaintiffs are the wife and children of Charles Hegna, an American murdered in *230 a 1984 hijacking undertaken by Hezbollah, a terrorist organization supported by the Islamic Republic of Iran.… 298 F. Supp. 2d 746 (2004) INTERCLAIM HOLDINGS LIMITED and Interclaim Recovery Limited, Plaintiffs, v. NESS, MOTLEY, LOADHOLT, RICHARDSON & POOLE, Defendant.… United States v. Calderon-Pena Page 61118 ON PETITION FOR REHEARING Before SMITH and BARKSDALE, Circuit Judges, and DUPLANTIER,* District Judge.… State v. Shipp Page 61120 Stephen T. Shipp (“Appellant”) was charged, by felony information, with assault in the second degree, § 565.060; 1 resisting arrest, § 575.150; and unlawful use of a weapon, § 571.030.… United States v. Robert Randall Reinhart Page 61121 Petitioner-Appellant Robert Randall Reinhart filed a motion under 28 U.S.C.… State v. Foster Page 61123 842 A.2d 1047 (2004) STATE v. Julius FOSTER.… Coursen v. City of Sarcoxie Page 61124 Greg and Carolyn Coursen (“the Cour-sens”) appeal from a judgment denying their petition for a temporary restraining order, preliminary injunction and permanent injunction against the City of Sarcox-ie, Missouri (“the City” or “Sarcoxie”).… Poole v. State Page 61155 for the Court. ¶ 1. Michael Poole was found guilty by a Pike County jury of the sale of marijuana.… Massey v. State Page 61156 for the Court. ¶ 1. Lonnie Massey was convicted by a jury in the Circuit Court of Leflore County of receiving stolen property and was sentenced to five years in the custody of the Mississippi Department of Corrections.… Stubbs v. State Page 61157 878 So.2d 130 (2004) Donyale STUBBS, a/k/a Donyale Holloway, a/k/a Bean, Appellant v. STATE of Mississippi, Appellee.… Purnell v. State Page 61158 878 So.2d 124 (2004) Edward Earl PURNELL, a/k/a James Arnold, a/k/a Bubba, Appellant v. STATE of Mississippi, Appellee.… Lancaster v. State Page 61160 for the Court. ¶ 1. Christopher Lancaster was convicted of capital murder by a jury in the Circuit Court of Simpson County and sentenced to life without the possibility of parole in the Mississippi Department of Corrections.… McCardle v. McCardle Page 61161 862 So.2d 1290 (2004) Rocky Sheldon McCARDLE, Appellant, v. Mary Sylvest McCARDLE, Appellee.… King v. King Page 61162 for the Court. ¶ 1. In King v. King, 760 So.2d 830, 837 (Miss.Ct.App.2000), this Court reversed and remanded this case for findings on the fair market value of the property, for an assessment of the wife’s non-economic contributions, and to reconsider the division of the marital estate according to such findings.… Thayer v. Vaughan Page 61165 OPINION ON REHEARING Appellants-plaintiffs Cathy and Mark Thayer ("Cathy", "Mark", or collectively, Thayers") present a petition for rehearing regarding our affirmance of the summary judgment that was entered against them by the trial court.… Alexander v. Cottey Page 61166 OPINION hPerhaps in the most literal sense, this case involves-what both parties refer to as-a "captive audience." Plaintiffs-appellants Chanelle Linet Alexander, et al.… Glass v. State Page 61167 OPINION Case Summary Appellant-defendant Craig W.… Blanchard v. State Page 61168 OPINION STATEMENT OF THE CASE Appellant-Defendant, William Blanchard (Blanchard), appeals his conviction for Count I, murder, a felony, Ind.Code § 85-42-1-1, Count III, neglect, a Class B felony, .C.… Conklin v. Carroll Page 61232 Ronald Lee Conklin, Jr., was injured when the car he was driving was hit by a truck driven by Timothy Carroll and owned by Timothy’s brother, Steven Carroll.… Barnes v. State Page 61239 864 So.2d 1200 (2004) Raymond Edward BARNES, Appellant, v. STATE of Florida, Appellee.… Copeland v. State Page 61244 864 So.2d 1197 (2004) Harry COPELAND, Appellant, v. STATE of Florida, Appellee.… LePage v. Babcock Page 61934 OPINION The plaintiff, Debra A. LePage, as ad-ministratrix of the estate of Allen LePage, appeals from the entry of summary judgment in favor of the defendant, American Disposal of Missouri, d/b/a BFI (hereinafter “American Disposal”).… Wiseman v. Whayne Supply Co. Page 62498 MEMORANDUM OPINION Plaintiff, Lydia Wiseman (“Plaintiff’) claims that Defendant, Whayne Supply Company (“Whayne”) violated the Kentucky Civil Rights Act, KRS Chapter 344 (“KCRA” or “the Act”), by discriminating against her on the basis of her sex and by creating a hostile work environment; and that Whayne terminated… OPINION This case involves a restrictive covenant that purportedly requires appellant TX Far West, Ltd. (“TX Far West”) to pay an annual maintenance fee to appellee Texas Investments Management, Inc. (“appel-lee”).… OPINION This case arises from a solicitation issued by the United States Department of the Army (the “Army” or “government”) for a contract for Base Operations, Maintenance and Support services for the Stratford Army Engine Plant (“SAEP” or the “facility”).… MEMORANDUM ORDER Before the court are the motions of the plaintiff Baylor University Medical Center (“Baylor”) (1) to remand this case to the state court from which it was previously removed and (2) for attorney’s fees.… 298 F. Supp. 2d 880 (2004) SOLVAY PHARMACEUTICALS, INC., Plaintiff, v. GLOBAL PHARMACEUTICALS and Impax Laboratories, Inc., Defendants.… 298 F.Supp.2d 415 (2004) SIEMENS BUILDING TECHNOLOGIES, INC.… Sullivan v. Sapp Page 62845 866 So.2d 28 (2004) Elizabeth SULLIVAN, etc., Appellant, v. Landon Cole SAPP, Appellee.… OPINION In a case suitable for television’s “Unsolved Mysteries,” 2 the plaintiff, Alma Santiago (plaintiff), who claimed she was injured in a phantom bus crash with an unidentified car on an unknown date at an unspecified location with no witnesses, appeals from a summary judgment entered in favor of the defendant… State Street Houses, Inc. (“State Street”) appeals a Southern District of Florida order affirming a decision of the bankruptcy court dismissing a Chapter 11 petition as having been filed in bad faith.… Rowland v. United States Page 63401 Appellant David A. Rowland was indicted and tried twice on one count of second degree murder while armed.… Chidel v. Hubbard Page 63402 Appellants, Dr. Ira W. Chidel (“Dr. Chi-del”), Wener, Boyle & Associates, P.A.… Douglas v. Lyles Page 63403 Appellant seeks reversal of the trial court’s grant of summary judgment to ap-pellees in her action for specific performance of a contract to sell to appellant a house at 63 Quincy Place, N.W.… Feliciano Flores Palomino, a native and citizen of Mexico, seeks cancellation of removal from the United States under 8 U.S.C.… In Re Thomas-Pinkney Page 63405 Adopting the recommendation and most of the findings of an Ad Hoc Hearing Committee, the Board on Professional Responsibility has recommended that Catherine Thomas-Pinkney, a member of our Bar, be disbarred.… Reaves-Bey v. Karr Page 63407 Appellant Kishma Reaves-Bey appeals from a grant of summary judgment for appellees on her claims for negligence and wrongful termination.… Johnson v. United States Page 63408 After a jury trial, appellant Terrance A.… In Re Lavaughn F. Watts, Jr Page 63419 Appellant LaVaughn F. Watts, Jr. (‘Watts”) appeals from the decision of the United States Board of Patent Appeals and Interferences (“the Board”) affirming the rejection of claims 2, 3, 5, 6, 9, 17-21, 23, 30, 31, 34-39, 41-43, 45-47, 49-51, 53-55, 57-59, 61-63, 65-67 and 71-73 of United States Patent Application No.… Wendy McMullen v. Meijer, Incorporated Page 63421 355 F.3d 485 Wendy McMULLEN, Plaintiff-Appellant,v.MEIJER, INCORPORATED, Defendant-Appellee.… Bhanukumar C. Shah v. Deaconess Hospital Page 63434 355 F.3d 496 Bhanukumar C. SHAH, Plaintiff-Appellant,v.DEACONESS HOSPITAL, Defendant-Appellee.… State v. Piep Page 63448 84 P.3d 850 (2004) 2004 UT App 7 STATE of Utah, Plaintiff and Appellee, v. Anastasia C.… In Re the Marriage of Bertsch Page 63459 97 P.3d 219 (2004) In re the MARRIAGE OF Greg BERTSCH, Appellee, and Julie Bertsch, Appellant.… State v. Reyes Page 63460 84 P.3d 841 (2004) 2004 UT App 8 STATE of Utah, Plaintiff and Appellee, v. German Cruz REYES, Defendant and Appellant.… 93 P.3d 561 (2004) POLY TRUCKING, INC., Defendant-Appellant, v. CONCENTRA HEALTH SERVICES, INC., Defendant-Appellee.… State v. Thorkelson Page 63466 84 P.3d 854 (2004) 2004 UT App 9 STATE of Utah, Plaintiff and Appellee, v. Jason THORKELSON, Defendant and Appellant.… Carmona v. Andrews Page 63469 Jesus Carmona challenges the dismissal, for want of jurisdiction, of his petition for writ of habeas corpus.… 87 P.3d 254 (2004) Gillian P. HARTMAN, Plaintiff-Appellee, v. COMMUNITY RESPONSIBILITY CENTER, INC., Defendant-Appellant.… Griffin v. Berghuis Page 63471 298 F. Supp. 2d 663 (2004) Darryl GRIFFIN, Petitioner, v. Mary BERGHUIS, Respondent.… Melnitzky v. Rose Page 63472 DECISION AND ORDER Pro se plaintiff Michael Melnitzky (“Melnitzky”) initiated the present action *222 by filing a four-count complaint in New York State Supreme Court against defendant Robert Rose (“Rose”) alleging fraud and breach of contract; defamation; civil conspiracy; and prima facie tort.… Rodriguez v. Pierre New York Page 63473 DECISION AND ORDER Plaintiff Gilberto Rodriguez (“Rodriguez”), proceeding pro se, alleges that his employers at the Pierre Hotel (the “Pierre”) in Manhattan fired him because of his age, in violation of federal and state civil rights laws.… MEMORANDUM DECISION This adversary proceeding for determination of dischargeability of debt under 11 U.S.C.… POSVEN, C.A. v. Liberty Mutual Insurance Page 63497 303 F.Supp.2d 391 (2004) POSVEN, C.A., Plaintiff, v. LIBERTY MUTUAL INSURANCE CO.… Opinion Plaintiff Demme Ulloa brings this action against Defendants Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter (collectively “Defendants”) for copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, a… Chavez v. Barnhart Page 63547 298 F. Supp. 2d 1207 (2004) Antonio V. CHAVEZ, Plaintiff, v. Jo Anne B.… Huske v. Honeywell International Inc. Page 63548 298 F. Supp. 2d 1222 (2004) Diane HUSKE, Plaintiff, v. HONEYWELL INTERNATIONAL INC., Defendant.… Hurde v. Jobs Plus-Med Page 63549 299 F.Supp.2d 1196 (2004) Jerry HURDE, Sr. Plaintiff, v. JOBS PLUS-MED, Jobs Plus, Inc. and A-Plus Galvanizing, Inc., Defendant.… MEMORANDUM OPINION Presently pending and ready for resolution is the motion of Defendant/Appellant Videsh Sanchar Nigam Limited (VSNL) to stay all proceedings in this Adversary Proceeding pending appeal to the United States Court of Appeals for the Fourth Circuit of this court’s order affirming the Bankruptcy Court’s… Tung Mung Development Co. v. United States Page 63558 Opinion for the court filed by Circuit Judge DYK.… OPINION Appellant, the City of Houston, brings this interlocutory appeal from the trial court’s denial of a plea to the jurisdiction.… Johnson v. State Page 63580 673 N.W.2d 144 (2004) Kevin JOHNSON, Respondent, v. STATE of Minnesota, petitioner, Appellant.… OPINION The question presented in this appeal is whether the grant of a mortgage by a contract for deed vendee without the consent of the contract for deed vendor is a breach of a consent clause that provides “Buyer agrees they cannot sell, transfer or assign this property without written permission or consent of… In Re Disciplinary Action Against Gherity Page 63584 OPINION In this lawyer discipline case, we conclude that respondent David J.… Garza v. State Page 63586 OPINION Opinion by Pursuant to a plea agreement, appellant, Juan Gilberto Garza, pleaded guilty on April 12, 2002, to the offense of burglary of a building.… OPINION Opinion by This is a summary judgment case emanating from First National Bank of Edin-burg’s former depositor relationship with Cameron County.… McGill v. Ling Page 63600 OPINION STATEMENT OF THE CASE Gloria G. McGill ("MecGill"), as Personal Representative of the Estate of Hugh McGill, Jr., appeals the trial court's entry of summary judgment in favor of Dr. John.… Moore v. BELL CHEVROLET-PONTIAC-BUICK-GMC Page 63602 864 So.2d 939 (2004) Mike MOORE; Phillip Martin, The Mississippi Band of Choctaw Indians; Thomas E.… Bank of New York v. Nally Page 63608 OPINION ON REHEARING Bank of New York petitions for rehearing on Bank of New York v. Nally, 790 N.E.2d 1071 (Ind.Ct.App.2003).… Frith v. Bic Corporation Page 63609 ON WRIT OF CERTIORARI ¶ 1. Today's case is before us based on our prior grant of a writ of certiorari on the petition filed by the BIC Corporation as a result of the Court of Appeals' reversal of the trial court's grant of summary judgment in favor of BIC.… for the Court. ¶ 1. Three oil rig workers filed suit against G.B.… Morrison v. MISS. DEPT. OF HUMAN SERVICES Page 63615 863 So.2d 948 (2004) Gary W. MORRISON v. MISSISSIPPI DEPARTMENT OF HUMAN SERVICES.… COM'N ON JUDICIAL PERFORMANCE v. Teel Page 63617 863 So.2d 973 (2004) MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Walter W.… This appeal concerns the United States Department of Agriculture’s (“USDA’s”) denial .of three Freedom of Information Act (“FOIA”) requests of appellant Lion Raisins (“Lion”).… Shannon v. State Page 63925 OPINION ON MOTION FOR REHEARING 1 The issue in these appeals is whether the dormant commerce clause prohibits the City of Houston from passing an ordinance requiring transporters of non-hazardous waste to pay a flat fee to obtain the necessary licenses and permits required to pick up waste originating within the city… Robert Henke v. State of Indiana Page 63928 Robert Henke was charged in Hamilton Superior Court with operating a vehicle while intoxicated, a Class A misdemeanor; operating a vehicle with a blood alcohol content of .15 or more, a Class A misdemeanor; and operating a vehicle with a blood alcohol content of .08 or more, a Class C misdemeanor.… Illinois Central R. Co. v. Winters Page 63933 863 So.2d 955 (2004) ILLINOIS CENTRAL RAILROAD COMPANY, Herbert Bennett and J.R.… OPINION Appellant, Carousel’s Creamery, L.L.C.… Maiola v. State Page 63943 82 P.3d 38 (2004) James J. MAIOLA, Appellant, v. The STATE of Nevada, Respondent.… In re Disciplinary Action Against Schaefer Page 63954 ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Robert J.… In re Darby Page 63957 ORDER IMPOSING IDENTICAL RECIPROCAL DISCIPLINE The Indiana Supreme Court Disciplinary Commission filed its Verified Notice of Foreign Discipline and Petition for Issuance of an Order to Show Cause on September 19, 2003, advising that the respondent, Richard D.… In re Poore Page 63959 ORDER CONVERTING SUSPENSION FOR NONCOOPERATION WITH THE DISCIPLINARY PROCESS TO INDEFINITE SUSPENSION On May 9, 2003, pursuant to Ind.Admission and Discipline Rule 23(10), this Court suspended the respondent, Regina Maria Poore, from the practice of law in this state for failing to provide to the Disciplinary… Blunt v. Gillette Page 63960 Kenneth and Sherry Blunt (“Plaintiffs”) sued Richard Gillette (“Defendant”) for breach of contract.… In re Sherman Page 63962 ORDER ACCEPTING RESIGNATION AND CONCLUDING PROCEEDING Comes now the respondent, Stephen M.… Whitaker v. State Page 63981 OPINION Charles Elvin Whitaker was convicted of the capital murder of Aline Berry and was sentenced to life in prison.… for the Court. ¶ 1. The City of Laurel (hereinafter the “City”) adopted an annexation ordinance on April 2, 2002, seeking to annex a parcel of land in Jones County, Mississippi.… In Re MDR Page 64070 124 S.W.3d 469 (2004) In the Interest of M.D.R.… 673 N.W.2d 613 (2004) 2004 ND 2 In the Matter of the JUDICIAL VACANCY IN DISTRICT JUDGESHIP NO.… Crossmark, Inc. v. Hazar Page 64691 OPINION Opinion by The issues in this appeal center on the judicial confirmation of an arbitration *427 award, and conversely, the grounds for vacating or modifying such an award.… 298 F. Supp. 2d 1112 (2004) OUTLAST TECHNOLOGIES, INCORPORATED, a Colorado corporation, Plaintiff, v. FRISBY TECHNOLOGIES, INCORPORATED, a Delaware corporation, Defendant.… Seegars v. Ashcroft Page 64697 MEMORANDUM OPINION The plaintiffs, five residents of the District of Columbia, have filed a complaint with this Court seeking “to vindicate the rights of residents of the District of Columbia to exercise the same rights accorded to American citizens in every State of the Union to keep and bear arms under the Second… Orena v. United States Page 64700 MEMORANDUM and ORDER In the closing decades of the last century heavily armed mobs of Mafiosi, protected by bullet proof vests and scanners monitoring police radio channels, roamed the *83 streets of New York in their automobiles (bugged by the Federal Bureau of Investigations) shooting down their rivals in crime.… Curtin v. Unum Life Insurance Co. of America Page 64702 ORDER ON MOTIONS FOR SUMMARY JUDGMENT, MOTION FOR CONTINUANCE, AND MOTIONS TO STRIKE Plaintiff Lillian Curtin brings this suit against Unum Life Insurance Company of America and UnumProvident Corporation (together “Defendants” or “Unum”) under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C.… OPINION Introduction This is a restricted appeal from the trial court’s order dismissing claims for want of prosecution.… The United States appeals from a judgment of conviction, insofar as it imposed sentence on defendant Norman Washington Stultz (defendant or appellee), entered in the United States District Court for the District of Connecticut (Dorsey, J.) on October 1, 2002.… Greer v. State Page 64965 OPINION Appellant Ronald Lewis Greer was convicted of first- and second-degree murder as a result of the July 26, 1998 shooting death of Kareem Brown.… Fernando Lopez v. Julius Wilson, Warden Page 65135 SUHRHE INRICH, J., delivered the opinion of the court, in which ROGERS, J., joined.… 355 F.3d 593 MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff-Appellee,v.Vakisha L.… GUY, J., delivered the opinion of the court, in which GILMAN, J., joined.… Raceway Park, Inc. v. Ohio Page 65140 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 2 Raceway Park, Inc., et al.… We hold today that the Benefits Review Board did not err in ruling that injuries suffered by an off-duty employee during foreseeable horseplay in a bar on Johnston Atoll arose out of a “zone of special danger” created by the isolation of the island and the limited recreational opportunities available there.… Abrams v. City of Rancho Palos Verdes Page 65151 Mark J. Abrams appeals the district court’s denial of § 1983 1 damages.… In Re JBA Page 65152 127 S.W.3d 850 (2004) In the Interest of J.B.A., An Emancipated Child.… Ex Parte Shoe Page 65163 *101 OPINION ON REMAND This case is before us on remand for consideration of the State’s contention that appellant pro se Thomas Franklin Shoe is estopped from arguing that his 1997 conviction for driving while intoxicated (DWI) is illegal because he accepted the benefit of a fine not being assessed.… Baugh v. State Page 65199 Harry Baugh was arrested for driving while intoxicated on a street whose center lane is the border of two counties.… In Re Disciplinary Action Against Wilkes Page 65234 673 N.W.2d 614 (2004) 2004 ND 13 In the Matter of the Application for DISCIPLINARY ACTION AGAINST Richard C.… [¶ 1] On January 8, 2004, an Application for Order of Interim Suspension of Richard C.… 299 F.Supp.2d 903 (2004) DETHMERS MANUFACTURING COMPANY, INC., Plaintiff, v. AUTOMATIC EQUIPMENT MFG.… Witham v. United States Page 66639 RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 2 Witham v. United States, et al.… Brown v. State Page 66682 Markilo Brown appeals his convictions for possession of a firearm by a convicted felon and possession of a controlled substance.… Johnson v. State Page 66684 OPINION delivered the opinion of the court, in which GARY R.… In Re SM Page 66685 149 S.W.3d 632 (2004) In re S.M. Court of Appeals of Tennessee, at Nashville.… State v. Schrenker Page 66689 The State appeals the trial court’s order suppressing evidence consisting of appellee Jerome Schrenker’s urine test results.… Klak v. EAGLES'RESERVE HOMEOWNERS'ASS'N Page 66745 862 So.2d 947 (2004) Andrea M. KLAK and Kenneth P.… Torres v. State Page 66746 870 So.2d 149 (2004) Dean TORRES, Appellant, v. STATE of Florida, Appellee.… Van Berber & Associates, Inc. v. Cook Page 66749 We review the circuit court’s partial denial of a summary judgment in which the court failed to apply the workers’ compensation immunity provisions to a statutory employer.… English-Speaking Un v. Johnson, James Page 66768 Opinion for the Court filed by Circuit Judge TATEL.… Cicippio-Puleo v. Islamic Republic of Iran Page 66771 Opinion for the Court filed by Circuit Judge EDWARDS.… In Re Hammond Page 67242 OPINION R. Jeanette Hammond filed a petition for writ of habeas corpus in this Court, seeking to be discharged from confinement pursuant to a trial court order holding her in contempt for failing to pay child support.… Mattos v. Seaton Page 67246 OPINION Gnawing on a purported easement to gain access to a road, these abutting property owners now lay their bone of contention at our door.… Samuna Yongo, an asylum seeker from the Democratic Republic of the Congo (formerly Zaire) who is the petitioner in this case, arrived in Boston by air from Europe in January 1997.… Gonzalez-Perez v. Hospital Interameric Page 67458 355 F.3d 1 Ruth GONZÁLEZ-PÉREZ; Anacleto Ortiz-Villanueva; Miriam Lemoine; Fritz F.… Timken Co. v. United States Page 67514 Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A.… The United States Court of International Trade severed and dismissed AutoAlliance International, Inc.’s (AAI’s) valuation claim in a dispute over the United States Customs Service’s (Customs’) treatment of AAI’s imported merchandise.… Cantin v. St. Paul Fire & Marine Page 67532 This is the appeal of a summary final judgment in an automobile accident case.1 The motion for summary judgment was predicated on an affidavit of an employee of St. Paul Fire & Marine [“St. Paul”] and upon appellant, Steven J.… Hornbuckle v. State Page 67537 864 So.2d 1203 (2004) Jeffrey HORNBUCKLE, Appellant, v. STATE of Florida, Appellee.… Williford v. State Page 67560 Opinion The jury convicted Anthony Finley Wil-liford of 34 counts of the third degree felony of possession of child pornography.… United States v. Eugene Leathers Page 67618 Eugene Leathers appeals his May 15, 2002 conviction of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.… Yates v. Forker (In Re Patriot Co.) Page 67624 Duane Yates, the principal shareholder of debtor Patriot Company, appeals an *813 order of the Bankruptcy Court, 1 denying Yates’ motion to reconsider the court’s order denying his motion to vacate approval of a compromise of the estate’s claim against Siouxland National Bank (“SNB”) and the court’s order denying his… Mondragon-Garcia v. State Page 67625 Opinion The jury convicted Samuel Mondragon-Garcia of the offense of murder, made an *676 affirmative deadly weapon finding, and assessed punishment at confinement for 35 years and a fine of $10,000.… Bowen v. State Page 67641 Opinion Melvin Allan Bowen was indicted for the offense of kidnapping.… Brown v. Westaff (USA), Inc. Page 67654 301 F. Supp. 2d 1011 (2004) Tim BROWN, Plaintiff, v. WESTAFF (USA), INC., Defendant.… Gulf Coast Bank & Trust Co. v. Reder Page 67673 Defendant-appellant Gerard S. Reder invites us to set aside a judgment entered in favor of plaintiff-appellee Gulf Coast Bank & Trust Company (Gulf Coast).… Brody v. Hankin Page 67695 299 F.Supp.2d 454 (2004) Martin BRODY and Florence Brody and MFB Partners, L.P.… OPINION Hurshel Williams appeals the district court’s ruling denying his petition for ha-beas corpus, claiming that race motivated the prosecutor’s peremptory strike of the only African American from his jury in violation of the Equal Protection principles articulated in Batson v. Kentucky.… Hobart Ward Anderson v. Lloyd E. Spear Page 67868 OPINION Appellant Hobart Ward Anderson (“Anderson” or “Appellant”) appeals the decision of the district court granting summary judgment to Defendants-Appellees Kentucky Board of Elections, the Registry of Finance (“Registry”), the Commonwealth Attorneys as a class, and the Kentucky Attorney General on nine separate… Wright v. State Page 67881 801 N.E.2d 742 (2004) Robert WRIGHT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.… Brannon v. State Page 67918 *751OPINION Nicholas R. Brannon ("Brannon") brings this interlocutory appeal from the Parke Circuit Court's denial of his motion to suppress.… Chayoon v. Chao Page 67919 Plaintiff-Appellant Joseph Chayoon appeals the district court’s dismissal of his Federal Medical Leave Act (“FMLA”), 29 U.S.C.… This cases raises, among other issues, the knotty question of how far the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C.… State v. Ritter Page 67941 OPINION Appellant, the State of Indiana, challenges the trial court's grant of Defendant Eric Ritter's motion to suppress.… OPINION Case Summary Appellant-petitioner Spencer Sherrell ("Spencer"), by his next friend and parent, Glenda Sherrell ("Glenda"), appeals his expulsion from Tri-Central High School ("the School").… In Re the Care & Treatment of Norton Page 67949 123 S.W.3d 170 (2003) In the Matter of the CARE AND TREATMENT OF Michael G.… PSI Energy, Inc. v. Home Insurance Co. Page 67953 OPINION PSI Energy, Inc. ("PSI") has incurred substantial clean-up costs due to environ *710 mental contamination at its former manufactured gas plant sites.… In Re the Discipline of Sonnenreich Page 67955 86 P.3d 712 (2004) 2004 UT 3 In the Matter of the DISCIPLINE OF Sharon SONNENREICH, # 4918.… Alcorn v. City of Baton Rouge Page 67964 863 So.2d 517 (2004) William ALCORN and Albert Burns v. CITY OF BATON ROUGE, through the BATON ROUGE POLICE DEPARTMENT.… In re Crooks Page 67969 ORDER Considering the Joint Petition for Transfer to Disability Inactive Status filed by respondent, Leonard William Crooks, and the Office of Disciplinary Counsel, and the findings and recommendation of the hearing committee, IT IS ORDERED that Leonard William Crooks, Louisiana Bar Roll number 8384, be and he hereby… State v. Hayes Page 67979 Granted. The judgment of the district court assessing attorneys fees against the state for its failure to raise in a more timely manner its procedural objections to the application for post-conviction relief filed in the present case is set aside.… State v. Roland Page 68011 Granted in part; otherwise denied. The record below is insufficient to determine the merits of defendant’s ineffective assistance of counsel claim addressing the failure of counsel to request a jury instruction listing criminal trespass as a responsive verdict to the charged offense of unauthorized entry of an… MacDonald v. State Page 68017 OPINION In the summer of 1997, Matthew D.… Kenseth v. Dallas County Page 68104 OPINION Opinion By This appeal challenges trial court rulings in two related cases that have occupied the judicial system in one way or another since 1990.… In re Sisk Page 68152 ORDER Considering the Petition for Resignation from the Practice of Law filed by respondent, John R.… El Rio Santa Cruz Neighborhood Health Center, Inc. v. Department of Health & Human Services Page 68319 300 F.Supp.2d 32 (2004) EL RIO SANTA CRUZ NEIGHBORHOOD HEALTH CENTER, INC., et al., Plaintiffs, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.… Ulm v. Educational Credit Management Corp. Page 68354 MEMORANDUM AND ORDER Appellant Educational Credit Management Corporation (“ECMC”) appeals from the final judgment of the United States Bankruptcy Court for the Southern District of Georgia granting partial discharge of debtor Dianna Marie Ulm’s student loan debts in her Chapter 13 bankruptcy case, No. 99-40282-JDW… Brooks v. State Page 68542 892 So.2d 976 (2004) Ex parte State of Alabama (In re Rodgrick Cornilius BROOKS v. STATE of Alabama).… King v. Head Start Family Hair Salons, Inc. Page 68617 Kathy King appeals from the trial court's preliminary injunction enforcing a noncompetition agreement between King and Head Start Family Hair Salons, Inc. ("Head Start").… Herron v. State Page 68680 OPINION Anthony Herron ("Herron") was convicted of Class A felony attempted murder 1 and Class A misdemeanor carrying a handgun without a license 2 in Vigo Superior Court.… Rust-Oleum Corp. v. Fitz Page 68685 801 N.E.2d 754 (2004) RUST-OLEUM CORPORATION and ROC Sales, Inc., Appellants-Defendants, Third-Party Plaintiffs, v. Carl F.… State v. Gordon Page 68727 2004 UT 2 State of Utah, Plaintiff and Appellee, v. Adrian Whitfield Gordon, Defendant and Appellant.… Hunter v. Sunrise Title Co. Page 68728 84 P.3d 1163 (2004) 2004 UT 1 Brian HUNTER, Plaintiff and Appellant, v. SUNRISE TITLE COMPANY, Defendant and Appellee.… Smith v. Smitherman Page 68729 This appeal involves a dispute concerning whether an individual is a proper party to an action by a landowner seeking to recover unpaid rent owed by a lessee corporation.… Vincent v. First Alabama Bank Page 68731 On Remand from the Alabama Supreme Court The prior judgment of this court as it pertains to First Alabama Bank ("the Bank") has been reversed and the cause remanded by the Supreme Court of Alabama.… McMurphy v. East Bay Clothiers Page 68742 On Application for Rehearing The opinion of September 26, 2003, is withdrawn, and the following is substituted therefor.… Blocker v. Blocker Page 68743 Linda K. Blocker and Douglas Carey Blocker were married in 1988; they divorced in 1992.… K.S.C.C. v. W.H.C. Page 68746 K.S.C.C. petitions this court for a writ of mandamus directing the trial court to vacate its order of April 8, 2003, and to enter an order awarding her custody of the parties’ minor children, which, she claims, is required by this court’s opinion in K.S.C.C.… Drummond Co., Inc. v. Green Page 68755 Drummond Company, Inc. (“the company”), appeals from the trial court’s award of workers’ compensation benefits to Glen Green (“the worker”).… Plaintiff Jessica Mormol appeals from a grant of summary judgment to defendant Costco Wholesale Corporation (“Costco”), entered by the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge).… United States v. Burris Page 73264 Appellant was tried by special court-martial, military judge alone.… Patrick v. United States Page 73265 298 F. Supp. 2d 206 (2004) Samuel PATRICK, Petitioner v. UNITED STATES of America, Respondent No. CIV.A.… Warthog, Inc. v. Zaffron (In Re Zaffron) Page 73266 *564 MEMORANDUM DECISION PURSUANT TO 11 U.S.C.… Maugein v. Newmont Mining Corp. Page 73279 298 F. Supp. 2d 1124 (2004) Patrick MAUGEIN, Plaintiff, v. NEWMONT MINING CORPORATION, Newmont Second Capital Corporation, Compania de Minas Buenaventura S.A., Compania Minera Condesa S.A., Alberto Benavides de la Quintana, Ronald Cambre, Lawrence T.… Bernath v. Potato Services of Michigan Page 73280 ORDER I. Introduction This Order addresses three motions in the above-captioned matter: the Plaintiffs Motion to Remand; the Defendant’s Motion for Summary Judgment; and the Third-Party Defendant’s Motion for Partial Summary Judgment.… Mehus v. Emporia State University Page 73281 MEMORANDUM AND ORDER Maxine Mehus brings suit against Em-poria State University, alleging that it discriminated against her and subjected her to a hostile work environment on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.… Whyte v. United States Page 73282 OPINION Plaintiff, Judith A. Whyte, pro se, alleges that the United States Department of Veterans Affairs (VA) committed fraud in conjunction with its sale of a condominium to her by knowingly failing to disclose pre-existing structural defects.… United States v. Leland Page 73283 ORDER AFFIRMING IN PART THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on October 22, 2003 her Recommended Decision.… Winnebago Tribe of Nebraska v. Kline Page 73284 MEMORANDUM AND ORDER The plaintiffs are Indian Tribes and their agents who seek to stop the State of Kansas from collecting fuel taxes from businesses they operate.… Curtis v. Hoosier Racing Tire Corp. Page 73291 299 F. Supp. 2d 777 (2004) Edward L. CURTIS, et al., Plaintiffs, v. HOOSIER RACING TIRE CORP., Defendant.… Vass v. Volvo Trucks North America, Inc. Page 73293 304 F. Supp. 2d 851 (2004) Sylvia Claudette VASS, Plaintiff, v. VOLVO TRUCKS NORTH AMERICA, INC.; Volvo Logistics North America, Inc., and John Doe Volvo Corporation, Defendants.… Prudential Securities Credit Corp. v. Pacific Pointe Escrow, Inc. (In Re AppOnline.com, Inc.) Page 73295 MEMORANDUM OF DECISION AND ORDER On October 15, 2001, the plaintiff Prudential Securities Credit Corp., LLC (“Prudential” or the “plaintiff’) commenced this adversary proceeding against the defendant Pacific Pointe Escrow, Inc. (“Pacific Pointe” or the “defendant”).… United States v. Esogbue Page 73353 Ambrose Onye Esogbue, pro se, appeals the district court’s dismissal, for lack of jurisdiction, of his petition for a writ of error coram nobis.… Gonzales v. United States (In Re Silver) Page 73417 OPINION The United States of America (IRS) timely appeals a final Amended Judgment of the United States Bankruptcy Court for the District of New Mexico 1 in favor of the Chapter 7 trustee of the debtors’ jointly administered cases (Trustee) and Lincoln National Life Insurance Company (Lincoln), an unsecured creditor… United States v. Perez Page 73420 299 F. Supp. 2d 38 (2004) UNITED STATES v. PEREZ, et al.… McSheffrey v. United States Page 73421 OPINION AND ORDER This case is before the court on defendant’s motion to dismiss for failure to state a claim upon which relief can be granted.… Iosa v. Gentiva Health Services, Inc. Page 73525 299 F. Supp. 2d 29 (2004) Ann Marie IOSA, Plaintiff, v. GENTIVA HEALTH SERVICES, INC., Defendant.… Bracken v. Harris & Zide, L.L.P. Page 73594 ORDER GRANTING LEAVE TO ADD CO-TRUSTEES OF THE ROBERT T.… 304 F. Supp. 2d 913 (2004) LEXMARK INTERNATIONAL, INC., Plaintiff, v. LASERLAND, INC., Defendant.… 300 F. Supp. 2d 836 (2004) Sharon WALKER, Plaintiff, v. BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM and David Markee, Chancellor of the University of Wisconsin-Platteville, Defendants.… Cieslak v. Buffalo County Page 74208 300 F.Supp.2d 865 (2004) Douglas CIESLAK, Plaintiff, v. BUFFALO COUNTY, Shane Crawford, individually and in his official capacity, Jon Wisneski, individually and in his official capacity, and Steve Weiss, individually and in his official capacity, Defendants.… San Antonio State Hospital v. Cowan Page 74441 128 S.W.3d 244 (2004) SAN ANTONIO STATE HOSPITAL, Petitioner, v. Kimberly COWAN, et al., Respondents.… Estate of Morris Ex Rel. Morris v. Dapolito Page 74480 OPINION AND ORDER Plaintiff Janine Morris, Administratrix of the Estate of Brian Patrick Morris (“Brian”), brings this action pursuant to 42 U.S.C.… Inline Connection Corporation (“Inline”) appeals from a dismissal with prejudice of its patent infringement claims and entry of a permanent injunction.… Brown v. Tracy Page 74626 MEMORANDUM AND ORDER Petitioner pro se, Brian Brown, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C.… Anthony J. Degidio v. West Group Corporation the Thomson Corporation West Licensing Corporation Page 74643 KENNEDY, J., delivered the opinion of the court, in which MARTIN, J., joined.… 299 F. Supp. 2d 396 (2004) George J. McCUSKER, Plaintiff, v. SURGICAL MONITORING ASSOCIATES, INC., et al., Defendant.… Pippert v. Gundersen Clinic, Ltd. Page 75288 300 F. Supp. 2d 870 (2004) Diane PIPPERT and Thomas Pippert, Individually and as Parents of minor child Brian Pippert, Plaintiffs, v. GUNDERSEN CLINIC, LTD., Defendant.… MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO ABSTAIN Defendant, First State Management Group, Inc., has filed a Motion to Abstain or Alternatively, to Stay, requesting the court to dismiss the subject adversary proceeding or in the alternative, to stay the case in favor of a pending arbitration… Sanchez Ex Rel. Hoebel v. Johnson Page 76111 301 F.Supp.2d 1060 (2004) Stephen SANCHEZ, by and through his mother and next friend, Joyce Hoebel, et al., Plaintiffs, v. Grantland JOHNSON, et al., Defendants.… Reisinger v. Reisinger Page 76337 Christian Gerhardt Reisinger (Father) appeals the judgment dissolving the parties’ marriage and awarding joint legal and physical custody of the parties’ minor child (Child) to both him and Guadalupe Reis-inger (Mother), but ordering that Child’s primary residence be with Mother who resides in New Mexico.… May v. Barton's Pump Service, Inc. Page 76341 OPINION Jimmy May appeals from a judgment against him for the amount due on a contract for services and materials.… Jew v. Home Depot USA, Inc. Page 76353 Defendant appeals from the trial court’s denial of its Rule 74.05(d) motion to set aside a default judgment entered against it in the amount of $250,000 on a petition that requested damages in an amount “less than $75,000.” We hold that the trial court did not abuse its discretion in denying the motion to set aside… Brockman v. Regency Financial Corp. Page 76356 Jimmie Brockman appeals from the trial court’s grant of a judgment notwithstanding the verdict to Regency Financial Corporation that set aside the jury’s $30,000 punitive damages award in his favor.… Adair v. Adair Page 76366 Barry Gene Adair (“Husband”) and Darla Beth Adair (“Wife”) cross appeal a judgment of dissolution of marriage entered on July 26, 2002, and amended thirty days later to dispose of property omitted from the original decree.… United States v. Gregory Steven Horn Page 76370 355 F.3d 610 UNITED STATES of America, Plaintiff-Appellee,v.Gregory Steven HORN, Defendant-Appellant.… Friedrich v. Director of Revenue Page 76374 The Director of Revenue appeals the judgment of the trial court setting aside the revocation of William G.… City of St. Peters v. Hodak Page 76375 Brian Hodak (“Appellant”) appeals from the judgment entered on the jury verdict convicting him of resisting arrest.… Taylor v. State Page 76379 ORDER Phillip Taylor appeals the denial of his 29.15 motion for post-conviction relief after an evidentiary hearing.… State v. Jones Page 76430 ORDER Darris Jones (“Defendant”) was tried on three counts of robbery, three counts of armed criminal action, and one count of possession of a controlled substance arising out of three separate incidents.… Lee v. Gornbein Page 76431 Ms. Deborah Jane Lee appeals from the judgment of the trial court, which reduced the spousal maintenance obligation of her former husband, Mr. Randall Jay Gorn-bein, and denied her request for attorney’s fees.… Finkel v. Finkel Page 76434 Karol Finkel (defendant) and Charles E. Finkel (plaintiff) were married on 11 March 1973, separated on 15 August 1999, and divorced on 10 October 2000.… In re Jaffe Page 76435 ORDER AND NOW, this 12th day of January, 2004, the Findings of Fact and Conclusions of Law set forth in this Court’s Opinion dated November 6, 2003 having become final pursuant to C.J.D.R.P.… Roberson v. State Page 76437 ORDER This is an ineffective assistance of counsel claim brought under Rule 24.035.… Ristau v. DMAPZ, INC. Page 76440 The Missouri State Treasurer (“Appellant”), as custodian of the Second Injury Fund (the “Fund”), appeals from the La *604 bor and Industrial Relations Commission’s (the “Commission”) final award that ordered the Fund to pay wage loss benefits for wages from Bryan Ristau’s (“Employee”) second job to his surviving wife… State v. Turner Page 76590 ORDER Charles Turner appeals his conviction for second degree assault, Section 565.060 RSMo 2000, and sentence of twelve years imprisonment.… Believing that one of the members of Santa Fe Apartments, LLC, had breached its agreement to sell an apartment complex to him for $4.6 million and had guaranteed that he could get the other member to agree to the deal, Brent Lambi and his limited liability company sued Santa Fe and its members for breach of contract… Purepac Pharm Co v. Thompson, Tommy G. Page 76594 Opinion for the Court filed by Circuit Judge TATEL.… In Re SJH Page 76596 124 S.W.3d 63 (2004) In the Interest of S.J.H.… Amerson v. State Page 76676 ORDER Mario Amerson appeals from the judgment denying his Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing.… White v. Mitchener Page 76689 ORDER United States Fire Insurance Company (“U.S.Fire”) appeals from the trial court’s judgment in favor of Louis White (‘White”) on White’s breach of contract *364action and denying its Motion for Judgment Notwithstanding the Verdict because: (1) White failed to make a sub-missible case for U.S. Fire’s breach of… State v. Lotts Page 76697 ORDER Quantel Lotts (“Lotts”) appeals from the trial court’s judgment entered in the Circuit Court of St. Francois County upon his conviction by a jury of one count of murder in the first degree, in violation of Section 565.020, RSMo 2000, for which he was sentenced to a term of life imprisonment without the… Jameson v. State Page 76702 Introduction Douglas Jameson (“Movant”) appeals from a judgment of the Circuit Court of St. Charles County which (1) dismissed his Rule 29.15 Motion for Post-Conviction Relief (“the Motion”) for failing to timely file it and (2) considered and denied each of the substantive claims of ineffective assistance of counsel… State v. Eckelkamp Page 76744 Relator filed a Petition for Writ of Prohibition, along with Suggestions in Support and exhibits, challenging an Order entered by Respondent appointing a Special Prosecutor in the underlying case, with the expenses for such appointment to be paid by the Franklin County Prosecuting Attorney’s Office.… State Ex Rel. Barnett v. Mullen Page 76755 Relator, Candice Merriweather Barnett (“mother”), sought our preliminary order in prohibition to prevent enforcement of respondent’s order requiring her and her daughter (“child”) to submit to genetic testing.… United States v. Alfonso D. Gill Page 76810 Defendant-Appellant Alfonso D. Gill appeals the district court’s 1 adverse determination that exigent circumstances justified a preliminary warrantless search of his residence and that evidence found in plain view during the preliminary search provided probable cause for a later-issued search warrant.… Gersten v. Senkowski Page 76818 MEMORANDUM, JUDGMENT & ORDER [[Image here]] *91 I.… Diefenthal v. Longue Vue Foundation Page 76847 865 So.2d 863 (2004) Elka Freeman DIEFENTHAL, Anna Beth Goodman Wife of/and John Goodman, Paul J.… Davis v. Jazz Casino Co., LLC Page 76848 864 So.2d 880 (2004) Kentrisha DAVIS, John Mierl, Phyllis Brown, Carolina Mendoza, Mark Maier, Lois Irick, and Karen Porter v. JAZZ CASINO COMPANY, L.L.C.… State v. Williams Page 76849 866 So.2d 296 (2004) STATE of Louisiana v. Glenn Leo WILLIAMS.… Moore v. Kenilworth/Kailas Properties Page 76852 This case involves personal injury claims brought by three plaintiffs who were injured when acoustical ceiling tiles fell on them in a doctor’s office.… 313 F.Supp.2d 405 (2004) TRISTRATA TECHNOLOGY, INC., Plaintiff, v. ICN PHARMACEUTICALS, INC., Defendant.… In this appeal, defendants urge that the trial judge erred in awarding damages to plaintiff and in denying their exception of prescription.… Points v. Forbes Page 77139 Dennis Points seeks review of a trial court judgment granting State Farm Mutual Automobile Insurance Company’s Motion to Amend Responses to Requests for Admission of Fact.… Broaden v. Department of Police Page 77174 The Department of Police appeals the judgment rendered by the Civil Service Commission ordering the Department to pay Officers Broaden and Henry all back pay and emoluments of employment to which they are entitled.… State v. Ferrand Page 77186 On January 16, 2003, the State filed a bill of information charging Hamilton N.… United States v. Segal Page 77615 299 F. Supp. 2d 840 (2004) UNITED STATES of America v. Michael SEGAL, Daniel Watkins, and Near North Insurance Brokerage, Inc. No. 02 CR 112.… Todd v. Leibach Page 77616 299 F. Supp. 2d 833 (2004) David TODD, Petitioner, v. Blair J.… Hammed Adeleke v. United States Page 77618 Plaintiff-Appellant Hammed Adeleke is presently incarcerated for smuggling heroin into the United States on May 15, 2001.… DeStefano v. Nichols ex rel. Nichols Page 77625 Justice Hobbs, Justice Martinez and Justice Bender are of the opinion that the judgment of the Court of Appeals, Case No. 01CA0783, should be affirmed, whereas Chief Justice Mullarkey, Justice Kourlis and Justice Coats are of the opinion that it should be reversed.… KENNEDY, J., delivered the opinion of the court, in which ALDRICH, D.J., joined.… Ben-Ali v. Jewel-Osco Stores, Inc. Page 77731 ORDER Abdeslam Ben-Ali (Appellant) appeals from the circuit court’s judgment denying his motion for leave to amend his petition and dismissing his case.… State v. Tiger Page 77732 ORDER Pidy Tiger appeals from his conviction of first-degree robbery and armed criminal action.… United States v. Smallwood Page 77760 299 F. Supp. 2d 578 (2004) UNITED STATES of America v. Tyrone SMALLWOOD, Thomas Edward Smith, Jr. No. CRIM.… Gaughan v. Cavan (In Re Strasser) Page 77763 OPINION The complaint of Chapter 7 Trustee Maureen Gaughan, to avoid a transfer of sale proceeds by debtor Camilla Jean Strasser (“debtor”) to her parents, defendants David W.… Vandenheuvel v. Wagner Page 77811 OPINION Appellants, D. Scott and Dawn Vanden-heuvel, challenge the district court’s award to respondent of all of respondent’s costs *525and disbursements, after appellant’s rejected an offer of judgment that was ultimately more favorable than the net judgment.… A. Amir Ali (“Ali”) challenges the district court’s grant of summary judgment in favor of Daniel, Mann, Johnson & Menden-hall (“DMJM”) in this qui tam action under the False Claims Act (“FCA”).… United States v. Jason K. Deemer Page 77842 Jason K. Deemer appeals the district court’s denial of his motion to suppress evidence obtained from the warrantless entry into his hotel room by Anchorage police officers.… 299 F. Supp. 2d 724 (2004) In re: KINDRED HEALTHCARE, INC.… Vargas v. Northwest Area Foundation Page 77855 OPINION Relator appeals the commissioner’s representative’s decision disqualifying him from the receipt of unemployment benefits as a result of a discharge for employment misconduct for refusing to participate in the employer’s performance-improvement plan.… DECISION AND ORDER This matter comes before the Court on the complaint of Ronald Epstein (“Epstein” or “Debtor”) to have his debt to the Internal Revenue Service (“IRS”) for his assessed federal income tax liabilities for years 1988 through 1997 declared dis-chargeable and for a determination that such debt does not… Adrian v. Lafler Page 77857 299 F. Supp. 2d 754 (2004) Douglas William ADRIAN, Petitioner, v. Blaine LAFLER, Respondent.… Minnesota Property Insurance v. Slater Page 77864 OPINION In this appeal from summary judgment in favor of respondent Minnesota Property Insurance, appellant Carol Pierce argues that the district court improperly determined that two insurance policy exclusions applied.… Marriage of Kilpatrick v. Kilpatrick Page 77867 673 N.W.2d 528 (2004) In re the Marriage of Susan Ann KILPATRICK, petitioner, Respondent, v. Michael John KILPATRICK, Appellant.… Renfrow v. State Page 77871 863 So.2d 1047 (2004) Harland Craig RENFROW, Appellant v. STATE of Mississippi, Appellee.… Powell v. State Page 77874 878 So.2d 144 (2004) Broderick Barshawn POWELL and Markieves Raymond McAffee, a/k/a Markives Raymond McAfee, Appellants v. STATE of Mississippi, Appellee.… 673 N.W.2d 843 (2004) EDUCATION MINNESOTA-GREENWAY, LOCAL 1330, et al., Appellants, v. INDEPENDENT SCHOOL DISTRICT NO.… 863 So.2d 1037 (2004) FAVRE PROPERTY MANAGEMENT, LLC, Appellant, v. CINQUE BAMBINI, a Mississippi Partnership, Appellee.… Clark v. Clark Page 77882 863 So.2d 1027 (2004) Melinda Jo CLARK, Individually and Melinda Jo Clark as Next Friend and Mother of Kayla Logan Clark and Alora Morgan Clark, Appellants, v. Joseph L.… Carle v. State Page 77886 864 So.2d 993 (2004) Robert Clark CARLE, Sr., Appellant v. STATE of Mississippi, Appellee.… Defendant Usama Sadik Ahmed Abdel Whab appeals from a judgment entered on September 16, 2002 in the United States District Court for the Southern District of New York (Colleen McMahon, Judge) following a jury trial.… ORDER In light of the Supreme Court’s decision in Black & Decker v. Nord, 538 U.S. 822, 123 S.Ct.… 356 F.3d 991 Alireza Rabie JAHED; Maryam Feizi; Labon Rabie Jahed; Tansagol Rabie Jahed, Petitioners,v.IMMIGRATION AND NATURALIZATION SERVICE, Respondent.… Stephen M. Nardi v. Terry Stewart, Director Page 77891 OPINION Petitioner Stephen Nardi (Nardi) appeals from the district court’s dismissal of his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.… Johnson v. State Page 77892 872 So.2d 65 (2004) Arnold Jeffrey JOHNSON, Appellant v. STATE of Mississippi, Appellee.… Milton Eichacker appeals the district court’s grant of summary judgment to Paul Revere Insurance Company.… Gregory Paul Wilson (“Wilson”) appeals the District Court’s denial of his 28 U.S.C.… Bunyan v. United States (In re Bunyan) Page 77897 OPINION Debtors-Appellants Bruce and Ruth Bunyan and Verla McCullum1 (collectively “Debtors-Appellants”), appeal the district court’s affirmance of the order of the bankruptcy court, which overruled their objections to claims for income taxes filed by the Internal Revenue Service in their respective Chapter 13… Sanderson v. State Page 77898 881 So.2d 878 (2004) William SANDERSON, Appellant v. STATE of Mississippi, Appellee.… Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge SNEED.… Order; Concurrence by Judge TALLMAN. ORDER The panel has voted unanimously to deny the petition for rehearing en banc.… Diaz v. Gates Page 77907 David Diaz appeals the district court’s dismissal of his complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).… Yordanos Muhur asks us to set aside the order that she be removed (deported) from this country.… Forrest v. State Page 77915 863 So.2d 1056 (2004) Irvin FORREST, Appellant v. STATE of Mississippi, Appellee.… Marjorie Mungo filed a voluntary petition for relief under Chapter 11 of the bankruptcy code and listed Maureen Sullivan Taylor, her former divorce attorney, as a disputed creditor.… 300 F. Supp. 2d 43 (2004) In re LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION This document relates to: Health Care Service Corporation, Plaintiff, v. Mylan Laboratories, Inc., et al., Defendants, and Blue Cross Blue Shield of Minnesota, et al., Plaintiffs, v. Mylan Laboratories, Inc., et al., Defendants.… United States v. Durriel E. Gillaum Page 77923 355 F.3d 982 UNITED STATES of America, Plaintiff-Appellee,v.Durriel E.… Zuger v. State Page 77925 [¶ 1] William P. Zuger has appealed a summary judgment dismissing the complaint in his action against the State of North Dakota.… United States v. Molina Page 77926 Teddy Molina (defendant or appellant) appeals from a judgment of conviction and sentence entered November 26, 2002 in the United States District Court for the Northern District of New York (Munson, J.), following his guilty plea to one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C.… Rombach v. Chang Page 77928 This putative securities class action is brought by investors who purchased stock in Family Golf Centers, Inc. (“Family Golf’), a now-bankrupt company that was in the business of acquiring and operating golf courses.… Defendants, the City of New York and its Police Commissioner,1 appeal from a grant of summary judgment to plaintiffs, the Church of the American Knights of the Ku Klux Klan, the Reverend Jeffrey L.… This is an appeal from an interference proceeding involving the claims of United States Patent Application Serial No. 08/742,480 (the “'480 application”) and United States Patent No. 5,474,771 (the “'771 patent”).… Golight, Inc. v. Wal-Mart Stores, Inc. Page 77933 Wal-Mart Stores, Inc. (“Wal-Mart”) appeals the decision of the United States District Court for the District of Colorado after a bench trial entering a final judgment against Wal-Mart for infringement of United States Patent No. 5,673,989 (“the '989 patent”) owned by Golight, Inc. (“Go-light”).… Psc Computer Products, Inc. v. Foxconn International, Inc. And Hon Hai Precision Industry Co., Ltd. Page 78009 PSC Computer Products, Inc. (“PSC”) appeals the final judgment of the United States District Court for the Central District of California granting Foxconn International, Inc. and Hon Hai Precision Industry Co. Ltd. (collectively “Foxconn”) summary judgment of non-infringement of U.S. Patent No. 6,061,239 (the “'239… Gerber v. Eastman Page 78031 OPINION On appeal in this custody dispute between appellant-Indian-custodialgrand-mother and respondent-non-Indian-father, grandmother challenges the district court’s determinations that (1) the Indian Child Welfare Act does not apply where a non-Indian father seeks permanent custody of his biological child; (2) the… Stavinoha v. Stavinoha Page 78170 OPINION In this case we are asked to decide the proper characterization of retirement benefits of a police officer who participated in the Houston Police Officer’s Pension System Deferred Retirement Option Plan.… Ortega v. State Page 78185 OPINION The jury found appellant guilty of the misdemeanor offense of assaulting a family member.… State v. Stanley Page 78197 Donald Stanley (“Defendant”) was charged by amended information with the class C felony of burglary in the second degree in violation of § 569.170.… Screen v. Equifax Information Systems, LLC Page 78207 303 F. Supp. 2d 685 (2004) Angela SCREEN v. EQUIFAX INFORMATION SYSTEMS, LLC, et al.… Mock v. Mock Page 78216 [¶ 1] Daniel Mock appeals from a district court order denying his motion to amend a child custody order.… T1 Oklahoma County offered its employees, like plaintiff Doug Wathor, access to its self-funded health insurance program called the Oklahoma County Health and Dental Plan (Plan}.… Durand Hedin v. Tommy G. Thompson, Secretary, United States Department of Health and Human Services Page 78350 Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge LUTTIG and Judge DUNCAN joined.… Strozyk v. Norfolk Southern Corp. Page 78351 Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit 1-20-2004 Strozyk v. Norfolk S Corp Precedential or Non-Precedential: Precedential Docket No. 02-3957 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Strozyk v.… MEMORANDUM AND ORDER In this shareholder derivative action, plaintiff Leon S.… Arakaki v. Lingle Page 78651 299 F.Supp.2d 1129 (2003) Earl F. ARAKAKI, et al., Plaintiffs, v. Linda LINGLE in her official capacity as Governor of the State of Hawaii, et al., Defendants.… [¶ 1] Debra K. Edwardson was served a Summons and Petition for Discipline by publication on May 24, May 31, and June 7, 2003.… Hang Kannha Yuk v. Ashcroft Page 79095 Petitioners, all members of the same extended family, are natives and citizens of Cambodia.… OPINION In this case, plaintiffs who held warrants to buy common stock in United Artists Theatre Company (“United Artists”) claim *699 that their contractual rights were violated.… United States v. Lee Page 79107 In this criminal appeal, Timothy S. Lee challenges his sentence imposed upon remand, arguing that the mandate issued by this court in United States v. Lee, 310 F.3d 787 (5th Cir.2002) (“Lee I ”) precluded the district court from upwardly departing at resentencing pursuant to § 4A1.3 of the United States Sentencing… McGrede v. Coursey Page 86137 OPINION This appeal arises from a suit for misapplication or conversion of estate assets against Appellant George McGrede, a pri- or guardian of the estate of Georgia Ruth Hester.… De Anda v. State Page 86141 OPINION In an opinion and judgment dated December 10, 2003, we affirmed the trial court’s judgment removing appellant, the former Sheriff of Dimmit County, from office for official misconduct and incompetence related to the transfer of title to five motor vehicles.… Mercer v. Brunt Page 86151 299 F.Supp.2d 21 (2004) Dean S. MERCER, Jr., v. Edmond BRUNT, Connecticut State Police Lieutenant, and David Coyle, Connecticut State Police Sergeant, in Their Individual and Official Capacities No. 3:01-CV-1121 (EBB).… Opinion Introduction. The Trustee has filed a Motion to Approve Settlement Agreements in the above adversary proceedings.… RULING ON PLAINTIFF’S MOTION TO COMPEL Pursuant to Fed. R.… 299 F. Supp. 2d 450 (2004) COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Plaintiff, v. VERIZON COMMUNICATIONS, INC.… 299 F. Supp. 2d 501 (2004) A HELPING HAND, LLC v. BALTIMORE COUNTY, Maryland, et al.… In Re Commitment of Cartwright Page 86180 870 So.2d 152 (2004) In re COMMITMENT: John R.… Orick v. State Page 86181 We review the trial court’s order admitting similar fact evidence under the abuse of discretion standard.… 303 F. Supp. 2d 819 (2004) EOTT ENERGY PIPELINE LIMITED PARTNERSHIP Plaintiff v. HATTIESBURG SPEEDWAY, INC., Jerry K.… Fitzpatrick v. State Page 86183 863 So.2d 462 (2004) Reginald C. FITZPATRICK, Appellant, v. STATE of Florida, Appellee.… Thompson v. State Page 86184 862 So.2d 955 (2004) Troy THOMPSON, Appellant, v. STATE of Florida, Appellee.… Carver v. State Page 86185 AFFIRMED. See Therrien v. State, 859 So,2d 585 (Fla.… OPINION Plaintiff filed this suit on August 28, 2002 alleging that defendant United States wrongfully terminated plaintiffs contract for work in Pittsburgh, Pennsylvania.… Whitfield v. State Page 86187 864 So.2d 562 (2004) Aaron L. WHITFIELD, Appellant, v. STATE of Florida, Appellee.… In Re LBW Page 86188 863 So.2d 480 (2004) In the Interest of L.B.W., a child.… Mathis v. State Page 86250 863 So.2d 464 (2004) Rickie MATHIS, Appellant, v. STATE of Florida, Appellee.… Brown v. State Page 86251 Appellant challenges the trial court’s partial denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a).… In Re GCA Page 86252 863 So.2d 476 (2004) In the Interest of G.C.A., J.L.A., E.G., Jr., E.A.M., G.E.M., I.D.M., and N.B.A., children.… Jacobs v. State Page 86258 AFFIRMED. See Pitts v. State, 855 So.2d 681 (Fla.… Greystone Tribeca Acquisition v. Ronstrom Page 86265 863 So.2d 473 (2004) GREYSTONE TRIBECA ACQUISITION, L.L.C.; Stephen Rosenberg; and Rector Holding Corporation, Appellants, v. Shirley RONSTROM, as Personal Representative of the Estate of James Massa, deceased, Appellee.… Upon consideration of the appellant’s response to the Court’s order of November 26, 2003, the Court has determined that the order on appeal is not final.… Johnson's Services, Inc. v. Pinellas County Page 86271 Johnson’s Services challenges the trial court’s entry of final judgment after it denied Johnson’s Services’ motion for partial summary judgment and entered summary judgment in favor of Pinellas County (the County).… C.S. v. State Page 86274 C.S. challenges her commitment to a moderate risk residential facility for six months as a sentence for indirect criminal contempt.… Charlotte County v. Vetter Page 86280 863 So.2d 465 (2004) CHARLOTTE COUNTY, Florida, Appellant, v. Richard VETTER, as Trustee for the Charlotte County Park of Commerce, LLC; and Tremron of Miami, Inc., Appellees.… Abercrombie v. Polk County Page 86283 Because the nonfinal order being appealed is not an appealable order under Florida Rule of Civil Procedure 9.130(a)(3), this appeal is treated as a petition for writ of certiorari.… Dollar Bank, FSB v. Tarbuck (In Re Tarbuck) Page 86286 MEMORANDUM OPINION 1 The issue before us is whether this Court can fix the fair market value of real estate and determine the amount of a deficiency judgment under Pennsylvania’s Deficiency Judgment Act.… Demetrius v. State Page 86297 Appellant seeks review of an order that denied his motion for additional jail credit.… Hernandez v. State Page 86306 863 So.2d 484 (2004) Luis HERNANDEZ, Appellant, v. STATE of Florida, Appellee.… Manney v. Barnhart Page 86311 ORDER The Court adopts Magistrate Judge Levin’s January 16, 2004 Report and Recommendation as the order of the court.… 865 So.2d 601 (2004) A-1 DURAN ROOFING, INC., a Florida Corporation, Appellant, v. SELECT CONTRACTING, INC., a Florida Corporation, and Great American Insurance Companies, a foreign Corporation, Appellees.… CD v. State Page 86327 865 So.2d 605 (2004) C.D., A Child, Appellant, v. STATE of Florida, Appellee.… Hamilton v. State Page 86333 Affirmed on the authority of State v. Franklin, 836 So.2d 1112 (Fla.… Hill v. State Page 86420 869 So.2d 10 (2004) Jessie HILL, Appellant, v. STATE of Florida, Appellee.… Lopes v. Allstate Indemnity Co. Page 86421 Edson Lopes appeals from a Final Judgment after a defense jury verdict and from the trial court’s order denying his motion for judgment in accordance with Lopes’ prior motion for directed verdict.… Colton v. Ashcroft Page 86430 299 F. Supp. 2d 681 (2004) Daniel COLTON, Plaintiff, v. John ASHCROFT, et al., Defendants.… 299 F. Supp. 2d 425 (2004) Leroy ROBINSON and Jay Dino, Plaintiffs v. PENNSYLVANIA STATE CORRECTIONS OFFICERS ASSOCIATION, et al., Defendants.… Shinyei Corporation of America (“Shi-nyei”) appeals from a decision of the United States Court of International Trade dismissing its complaint for lack of subject matter jurisdiction.… Porro v. Porro Page 86437 864 So.2d 1205 (2004) Gary PORRO, Appellant, v. Jennifer PORRO, Appellee.… C.E.M. v. State Page 86441 Affirmed. See A.A. v. State, 461 So.2d 165 (Fla.… *755 MEMORANDUM OPINION 1 The matter before the Court is the motion to enforce the automatic stay filed by Harbison-Walker Refractories Company (“Harbison-Walker”) and DII Industries, LLC (“DII” or “Dresser”), both of which were nondebtors when the motion was filed.… United States v. Craig Ramon Chapman Page 86654 A jury convicted Craig Chapman of conspiring to distribute marijuana, and the district court sentenced him to imprisonment for 41 months.… United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 02-3788 ___________ Archer Daniels Midland Company, * * Plaintiff-Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota.… United States v. Jose Manuel Morones Page 86748 Jose Manuel Morones appeals from a final judgment entered in the District Court 1 upon his conditional guilty plea to one count of possession of methamphetamine with intent to distribute.… Adjiman v. Adjiman Page 86763 Fourteen year old Paola Adjiman was seriously injured and ten year old Man Adjiman was killed when a minivan driven by their father Dario Adjiman was involved in an intersection collision and they were thrown from the vehicle.… Jones v. State Page 86984 We affirm, but note express conflict with Taylor v. State, 818 So.2d 544 (Fla.… Rodriguez v. Wal-Mart Associates, Inc. Page 87046 Jorge L. Rodriguez appeals an order denying unemployment benefits.… Pendergraft v. Stewart Page 87208 William Pendergraft (plaintiff) appeals the judgment in a negligence action he brought against Clyde Stewart (defendant).… Rivera v. Rivera Page 87338 Appellant raises two issues involving the judgment dissolving his marriage.… Jean E. Carruthers v. BSA Advertising, Inc. Page 87396 Jean E. Carruthers appeals the district court’s grant of judgment as a matter of law in favor of BSA Advertising, Inc. (“BSA”), her former employer, on Car-ruthers’s discrimination claim filed pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C.… Buchman v. Canard Page 87403 863 So.2d 487 (2004) Robert E. BUCHMAN, Appellant, v. Nancy CANARD, Appellee.… De Leon v. Aguilar Page 87636 OPINION delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.… Lewis v. State Page 87652 864 So.2d 1211 (2004) Leonard LEWIS, Appellant, v. STATE of Florida, Appellee.… Pereira v. State Page 87693 We reverse the order denying defendant’s motion for post conviction relief, and remand this matter to the trial court for an evidentiary hearing on grounds of ineffective assistance of trial counsel raised in defendant’s motion.… Love v. State Page 88032 Affirmed. See Hernandez-Molina v. State, 860 So.2d 483 (Fla.… Claimant Gustavo A. Morales appeals the denial of unemployment compensation benefits.… Kass v. Kass Page 88420 Affirmed. See Caufield v. Cantele, 837 So.2d 371, 377-78 (Fla.2002).… Hett v. White Page 88856 Paul Hett seeks review of the trial court’s order granting his request for indi-gency status, yet dismissing his mandamus petition pursuant to section 57.085(6), Florida Statutes (2003).… The Guardian Ad Litem Program timely appeals a circuit court order allowing it to adopt the petition for termination of parental rights (TPR), which had been voluntarily dismissed by the Department of Children & Families, but requiring it to *1214file its own petition, serve it on the father, and begin a new… |