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Opinions in wl Volume 2017

Appeal from order, Family Court, New York County (Gail A. Adams, Ref.), entered on or about December 7, 2015, which transferred the petition to modify visitation to Suffolk County Family Court, unanimously dismissed, without costs, as taken from a nonappealable paper. The order transferring the petition to Suffolk County is not a final order of disposition and is not appealable as of right (se...
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DECISION AND ORDER Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security (“the Commissioner”). The action is one brought pursuant to 42 U.S.C. § 405(g) to review the Commissioner’s final determination. On January 9, 2014, plaintiff, then twenty-six years old, filed an application for a period of disability and disability insurance benefits, and an applicatio...
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ORDER ADOPTING IN PART MEMORANDUM AND RECOMMENDATION Pending before the Court are “Defendants’ Motion for Summary Judgment on Plaintiffs’ Regular Rate Claim” (D.E. 135) and “Plaintiffs’ Partial Motion for Summary Judgment” (D.E. 136). On October 26, 2016, United States Magistrate Judge Jason B. Libby issued a Memorandum and Recommendation (M & R. D.E. 150), recommending that Defendants’ motion be...
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FILED United States Court of Appeals Tenth Circuit PUBLISH January 3, 2017 Elisabeth A. Shu...
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The defendant, James Stile, pled guilty to robbery of a controlled substance from a pharmacy by use of a dangerous weapon, in violation of 18 U.S.C. § 2118(a) and (c)(1). The district court sentenced him to 120 months in prison. He now appeals that sentence on both substantive and procedural grounds. For the following reasons, we affirm. I. Background We summarize the facts briefly, d...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3485 ___________________________ Kevin Scott Karsjens; David Leroy Gamble; Kevin John DeVillion; Peter Gerard Lonergan; James Matthew Noyer, Sr.; James John Rud; James Allen Barber; Craig ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3731 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rahmad Lashad Geddes lllllllllllllllllllll Defendant - Appellant ___________________________ No....
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PRESLIE HARDWICK, No. 15-55563 Plaintiff-Appellee, D.C. No. v. 8:13-cv-01390-JLS-AN COUNTY OF ORANGE, Defendant, OPINION and MARCIA VREEKEN; ELAINE ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT BRISENO, individually and No. 15-55727 on behalf of all others similarly situated, D.C. No. Plaintiff-Appellee, 2:11-cv-05379- MMM-AGR v. CONAGRA FOODS, INC., ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAN HEALTHCARE GROUP, PS, a Nos. 16-35210 Washington professional services 16-80019 corporation, Plaintiff-Appellee/Respondent, D.C. No. 2:15-cv-01705- v. RSM LIBERTY MUTUAL FIR...
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United States Court of Appeals for the Federal Circuit ______________________ IN RE: ETHICON, INC., A JOHNSON & JOHNSON COMPANY, Appellant ______________________ 2015-1696 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and A...
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United States Court of Appeals for the Federal Circuit ______________________ IN RE: MARCEL VAN OS, FREDDY ALLEN ANZURES, SCOTT FORSTALL, GREG CHRISTIE, IMRAN CHAUDHRI, Appellants ______________________ 2015-1975 ______________________ Appeal from the United States Patent and Trademar...
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United States Court of Appeals for the Federal Circuit ______________________ JESSIE CONTRERAS, Petitioner-Appellant v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee ______________________ 2015-5097 _________...
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In the United States Court of Federal Claims No. 12-527 C (Filed January 3, 2017)1 * * * * * * * * * * * * * * RQ SQUARED, LLC, * * Implied-in-Fact Contract Claim; Second Plaintiff, * RCFC ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-1534 State of Minnesota, Respondent, vs. John Joseph Plevell, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOSE MILTON BAUTISTA ESCAMILLA, Plaintiff, v. Civil Action No. 14-0852 (AK) DAVID NUYEN, et al., Defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW This case involve...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-545 Filed: 17 January 2017 Gaston County, Nos. 15 CRS 51209, 7229 STATE OF NORTH CAROLINA, Plaintiff, v. JOHNNY DARNELL MOBLEY, Defendant. Appeal by defendant from judgment entered 12 February 2016 by Judge Carla Archie in Gaston Count...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-629 Filed: 17 January 2017 Onslow County, No. 13 CRS 51653 STATE OF NORTH CAROLINA, Plaintiff, v. GEORGE REYNOLD EVANS, Defendant. Appeal by defendant from judgment entered 8 January 2016 by Judge Jay D. Hockenbury in Onslow County Superior...
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MEMORANDUM-DECISION and ORDER TABLE OF CONTENTS I. INTRODUCTION... 225 A. Defendants. ... 226 1. Municipal Defendants. ... 226 2. Medical Defendants. ... 226 3. Security Defendants. ... 226 B. Causes of Action. ... 226 C. Motions. ... 227 II. BACKGROUND... 227 III. LEGAL STANDARD... 228 IV.DISCUSSION... 228 A. Municipal Defendants. ... 231 1. Section 1983 & Substantive Due Process. ... 231 i. Pol...
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OPINION AND ORDER Plaintiff Spirit Realty, L.P., formerly known as Cole Operating Partnership II, L.P. (“Spirit Realty”), brought this action against Defendant GH & H Mableton, LLC (“GH & H”) seeking a declaration that Spirit Realty is not liable for the full amount of a loan held by GH & H and related indemnity agreement or, in the alternative, reformation of the indemnity agreement on grounds o...
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ORDER SECTION: “G”(2) In this litigation, Plaintiff Ochsner Clinic Foundation (“Ochsner”) alleges that Defendant Lexington Insurance Company (“Lexington”) breached its insurance policy by failing to pay additional amounts owed to Ochsner, and that Lexington acted in bad faith during the adjustment process.1 Pending before the Court is Lexington’s “Motion for Summary Judgment on All or Certain Por...
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ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE KENNEDY TANK & MFG. CO., INC. John R. Maley Craig J. Helmreich Peter J. Rusthoven Brandon K. Wiseman T. Joseph Wendt Scopelitis, Garvin, Light, Hanson & Feary, P.C. Barnes & Th...
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MEMORANDUM ORDER AND OPINION Plaintiff Charles Gagnon (“Plaintiff’) brings his amended complaint [63] against Defendants JPMorgan Chase Bank, N.A. (“Chase”), Seterus, Inc. (“Seterus”), Pierce & Associates, P.C. (“Pierce”), Equifax Information Services LLC (“Equifax”), and Experian Information Solutions, Inc. (“Ex-perian”) (collectively, “Defendants”) for alleged violations of (1) the Fair Credit ...
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MEMORANDUM 59-year-old Bruce Gavurnik worked as a service technician for Home Properties, L.P. Gavurnik suffered from a variety of vascular and musculoskeletal conditions affecting his ability to walk and stand. He requested accommodations to wear special podiatric shoes and to work only 40 hours per week. Home Properties allowed Gavur-nik to wear special shoes, but required Gavurnik to work over...
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MEMORANDUM AND ORDER Plaintiffs bring this action alleging that defendants LCC International, Inc. (“LCC”), Kenny Young, Brian Dunn, Rebecca Stahl, and Dan Moss violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. Specifically, plaintiffs claim that defendants improperly classified all LCC employees working in a Migration Analyst position as employees exempt from the FLSA’s ove...
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Duane E. Turner has filed a petition for a writ of habeas corpus in federal court raising claims of ineffective assistance of counsel in challenging his sentence for murder. The district court denied his petition as untimely, concluding that the last day on which Turner could have filed his federal habeas petition was September 23, 1998, one year after his murder conviction and sentence became fin...
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In 2003, Petitioner Germill Murdock was convicted in Illinois state court of first degree murder and aggravated battery with a firearm. In the context of his post-conviction claim of ineffective assistance of counsel, a suppression hearing was held to determine whether statements Petitioner made to the police were voluntary, given that Petitioner was 16 years old and gave the statements without an...
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Ning Wang, a 25-year-old Chinese citizen (from Shenyang, the capital of the northeastern province of Liaoning), petitions for review of the denial of his applications for asylum and withholding of removal based on his fear of religious persecution for attending unsanctioned Christian gatherings. Wang also challenges the Immigration Judge’s finding that his application was frivolous — a consequenti...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1677 DEE FRYE and LANHUI FRYE, Plaintiffs-Appellants, v. AUTO-OWNERS INSURANCE CO., Defendant-Appellee. ...
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In the United States Court of Appeals For the Seventh Circuit ____________________   No.  16-­‐‑2059   PATRIOTIC  VETERANS,  INC.,   Plaintiff-­‐‑Appellant,   v.   GREG  ZOELLER,  Attorney  General  ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2189 YUMIN XIANG, Petitioner, v. LORETTA E. LYNCH, Attorney General of the United States, ...
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ) ) v. ) I.D. No. 1207010738 ) JASON SLAUGHTER, ) ...
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*762ORDER Plaintiffs Alexandra and Norma Puga (the Pugas) seek , to recover damages for personal injuries from Defendant RCX Solutions, Inc, (RCX), alleging that RCX was the statutory employer of Ronald Brawn (Brown), the driver of the tractor-trailer rig that struck the vehicle driven by Alexandra Puga. RCX previously sought summary judgment that it could not be liable because it was not Brown’s ...
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MEMORANDUM OPINION AND ORDER Pending before the Court is Defendants’ Motion to Stay Proceedings Pending Appeal (Dkt. #68). On December 30, 2016, the Court conducted a telephone conference regarding the motion. After reviewing the relevant pleadings and listening to the arguments of counsel, the Court concludes the motion should be denied. BACKGROUND On November 22, 2016, this Court entered a Memor...
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MEMORANDUM OPINION I. INTRODUCTION On October 17, 2014, plaintiffs Amgen Inc., Amgen Manufacturing Limited, and Amgen USA Inc. (collectively “plaintiffs”) brought this action alleging infringement of U.S. Patent Nos. 8,563,698; 8,829,165 (“the 165 patent”); and 8,859,741 (“the ’741 patent”) against defendants Sa-nofi, Sanofi-Aventis U.S. LLC, Aventisub LLC, and Regeneron Pharmaceuticals, Inc. (co...
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MEMORANDUM OPINION & ORDER This case begins where all must, with a review of the Court’s power to decide the dispute presented. All agree that the prerequisites for diversity jurisdiction exist. That typically would settle the matter unless, as urged by the Plaintiff, this is a case in which the Commonwealth of Kentucky has enacted statutory language that *776voids federal diversity jurisdiction....
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ORDER I. Introduction The Petitioner Vladimir Gonzalez Am-brioso (Gonzalez) petitions for the return of his child, Vladimir Francisco Gonzalez Garcia (Francisco), from the United States to Mexico, pursuant to the Convention on the Civil Aspects of Intel-national Child Abduction (the Hague Convention). Respondent Carmen Garcia Ledesma (Garcia) opposes Francisco’s return. The court held a four-day ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v. Crim. Action No. 06-00334 (ESH) HAJI BAGCHO, Defendant. MEMORANDUM OPINION Defendant Haji Bagcho has moved for reconsideration...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LIBERTARIAN NATIONAL COMMITTEE, INC., Plaintiff, Civil Action No. 16-121 (BAH) v. Chief Judge Beryl A. Howell FEDERAL ELECTION COMMISS...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) George Edward McDermott, Sr., et al., ) ) Plaintiffs, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHNNY RAY CHANDLER, SR., ) ) Plaintiff, ) ) v. ) Civil Action No. 16-1491 (BAH) ...
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ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Before the Court are Defendant’s Motion for Summary Judgment (ECF No. 28) and Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 29). As explained herein, the Court DENIES both motions. I. LEGAL STANDARD Generally, a party is entitled to summary judgment if, on the record before the Court, it appears “that there is no genuine dispute as to any mat...
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ORDER This matter comes before the Court on the government’s Motion to Dismiss [Doc. No. 32], to which Plaintiff has filed her response in opposition [Doc. No. 36], and the government has replied [Doc. No. 39]. The matter is fully briefed and at issue. BACKGROUND While traveling westbound on U.S. Highway 1-44 in icy conditions, Mr. Rodney Carroll and his wife, the plaintiff, witnessed the vehicle ...
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FILED United States Court of Appeals Tenth Circuit January 3, 2017 PUBLISH Elisabeth A. Shumaker ...
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ORDER This cause comes before the court on the motion of defendants, pursuant to Fed. R. Civ. P. 56, for summary judgment. Plaintiff Stella Ellis has responded in opposition to the motion, and the court, having considered the memoranda and submissions of the parties, concludes that the motion is well taken and should be granted. This is, inter alia, a false arrest case in which plaintiff contends ...
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MEMORANDUM OPINION Before the Court is Petitioner’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 30].1 He bases his request for relief on Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was unconstitutionally va...
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MEMORANDUM OF LAW & ORDER I. INTRODUCTION This matter is before the Court on State Defendants’ Motion for Judgment on the Pleadings [Docket No. 88] and Defendant SEIU Healthcare Minnesota’s Motion for Judgment on the Pleadings [Docket No. 92]. Because Minnesota’s certification of SEIU did not infringe on Plaintiffs’ First Amendment rights, Defendants’ motions are granted. II. BACKGROUND A. Factua...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2193 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CHRISTOPHER R. GATES, Defendant-Appellant. ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3103 ___________________________ Eluid Harodi Villatoro-Ochoa lllllllllllllllllllllPetitioner ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3445 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3784 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3985 ___________________________ John D. Dunn; Christina Dunn, formerly known as Christina L. Lapetina lllllllllllllllllllll Plaintiffs - Appellants ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1524 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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STATE OF MINNESOTA IN SUPREME COURT A15-2013 Ramsey County Lillehaug, J. State of Minnesota, Respondent, vs. Filed: January 4, 2017 ...
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FILED United States Court of Appeals Tenth Circuit January 4, 2017 PUBLISH Elisabeth A. Shum...
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FILED United States Court of Appeals Tenth Circuit January 4, 2017 PUBLISH Elisabeth A. Shumaker ...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS January 4, 2017 ...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 14-3902 ___________ BARKLEY GARDNER, Appellant v. WARDEN LEWISBURG USP ...
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In 2004, an Iraqi insurgent group kidnapped and murdered twelve Nepali men as they traveled through Iraq to a United States military base to work for Daoud & Partners (“Daoud”), a Jordanian corporation that had a subcontract with Defendant-Appellee Kellogg Brown Root (“KBR”).1 In 2008, the victims’ families, and one Daoud employee who was not captured (collectively “Plaintiffs”), sued Daoud and KB...
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In the United States Court of Appeals For the Seventh Circuit ____________________  No. 15‐2290  M.G.  SKINNER AND  ASSOCIATES  INSURANCE  AGENCY,  INC. AND  WESTERN CONSOLIDATED PREMIUM PROPERTIES, INC.,   Plaintiffs‐Appellants,  ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PAUL CONNORS, No. 15-70333 Petitioner, NTSB No. SE-19621 v. NATIONAL TRANSPORTATION OPINION SAFETY BOARD; MICHAEL P. H...
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A remand for allocation of an attorney’s fees award brings this case back to us for a second time. In our prior decision, we *211affirmed the defendants’ entitlement to attorney’s fees, limited to defense of the plaintiffs injunctive relief claims. On remand, the trial court awarded no attorney’s fees to the defendants. The defendants now appeal. We find merit in their argument that the court exce...
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PUBLISH FILED United States Court of UNITED STATES COURT OF APPEALS Appeals Tenth Circuit FOR THE TENTH CIRCUIT __________________...
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The government appeals the sentence of Mr. John Eugene Walker, a serial bank robber who pleaded guilty to two counts of bank robbery. See 18 U.S.C. § 2113(a). Mr. Walker attributed his criminal history to an addiction to drugs and alcohol. Hoping to overcome this addiction, Mr. Walker asked for an opportunity to attend in-patient treatment before he was sentenced. The'district court agreed and the...
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The issue in this appeal questions what should be the obvious: That statutory robbery is a “violent felony” under the Armed Career Criminal Act (ACCA). But in the last twelve months, eleven circuit-level decisions have reached varying results on this very narrow question—in examining various state statutes, five courts have found no violent felony and six have found a violent felony. So the obviou...
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On Appellant’s Motion for Rehearing In light of our supreme court’s decision in Kuhajda v. Borden Dairy Company of Alabama, LLC, 202 So.3d 391 (Fla. 2016), we grant appellant’s motion for rehearing, withdraw our opinion issued October 27, 2016, and substitute the following opinion in its place. The defendant, which prevailed at trial after a jury verdict of no liability, appeals from the trial c...
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We reverse the order denying appellant’s motion for post-conviction relief and remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla. 2016). Appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in chapter 2014-220, Laws of Florida. See Atwell, 197 So.3d at 1050; see also Michel v. State, No. 4D13-1123, 204 So.3d 101, 2016 WL 6626028, at *1 (Fla. ...
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ORDER This matter is before the Court upon Plaintiff Continental Casualty Company’s (“Continental”) Motion for Summary Judgment (Doc. No. 33), Defendant Amerisure Insurance Company’s (“Amerisure”) Motion for Summary Judgment (Doc. No. 31), as well as Continental’s Motion to Strike (Doc. No. 43) and Motion in Limine (Doc. No. 34). All motions have been fully briefed and are ripe for disposition. I...
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Ye Xian Jing a/k/a Xian Jing Ye (‘Ye”), a native of China, filed a petition for review of a Board of Immigration Appeals (“BIA”) decision, which dismissed his appeal of the Immigration Judge’s (“IJ”) de *41 nial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because the BIA’s decision was supported by substantial evidence, we...
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DECISION AND ORDER I. INTRODUCTION In this action, the government seeks forfeiture of a red 2003 Hummer H2 (the “Vehicle”) under 21 U.S.C. §§ 881(a)(4) and (a)(6). Claimant Ivory Payne (“Payne”) contests the forfeiture and seeks return of the Vehicle, which is titled to him. Presently before this Court is the government’s motion for summary judgment or, in the alternative, to dismiss Payne’s clai...
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MEMORANDUM OPINION AND ORDER Many years after suffering the child abuse that forms the gravamen of his claims, Christopher Hicks (“Hicks”) filed a 42 U.S.C. § 1983 (“Section 1983”) action charging violations of due process, failure to intervene and supervisory liability, as well as several related state law tort claims, against a number of defendants, including Elmira Wright (“Wright”), Bro-die W...
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This is the second appeal in a qui tam case lasting over 20 years and initially involving more than 300 natural gas industry defendants. The number of defendants has shrunk significantly, and the issues on this appeal present narrow questions. Specifically, Relator and Appellant Jack J. Grynberg appeals two district court orders awarding attorney fees. First, Mr. Grynberg challenges an award of at...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1999 BRANDON PEGG, Plaintiff - Appellee, v. GRANT HERRNBERGER, individually and in his capacity as agent and employee of the West Virginia State Police, Defendant - Appellant. ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2106 LAURIE L. WOOD, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the Eastern District ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1024 OHIO VALLEY ENVIRONMENTAL COALITION; WEST VIRGINIA HIGHLANDS CONSERVANCY; and SIERRA CLUB, Plaintiffs - Appellees, v. FOLA COAL COMPANY, LLC, Defendant - Appe...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1358 MARJORIE K. LYNCH, Bankruptcy Administrator for the Eastern District of North Carolina, Appellant, v. GABRIEL LEVAR JACKSON; MONTE NICOLE JACKSON, Debtors – Appellees...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6567 UNITED STATES OF AMERICA, Plaintiff - Appellant, v. RICHARD ARTHUR SCHMIDT, Defendant - Appellee. Appeal from the United States District Court for the District of Marylan...
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The plaintiff-appellant, Mr. Childress, applied to the Social Security Administration for disability benefits in 2008, when he was 35. Turned down in 2010 after a hearing before an administrative law judge, he appealed to the district court, which initially remanded the case to the Social Security Administration for reevaluation of the medical opinions in the record and reconsideration of the plai...
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Third District Court of Appeal State of Florida Opinion filed January 4, 2017. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D15-737; 3D15-382; 3D14-2506 Lower Tribunal Nos. 07-9620; 07-43714 ...
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ORDER RE PENDING MOTIONS This is the third iteration of a securities fraud class action that was most recently dismissed for failure to allege the required level of scienter. See Dkt. No. 143. To fix their scienter problem, the plaintiffs have amended their complaint to include statements from two confidential witnesses who previously worked at SanDisk. These confidential witnesses allegedly have...
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ORDER DENYING MOTION TO INTERVENE In this action, Plaintiffs Aztec Engineering Group, Inc., and Técnica y Proyectos S.A, (collectively, “Aztec-TYPSA”) seek payment from Defendants Liberty Mutual Insurance Company, Fidelity and Deposit Company of Maryland, XL Specialty Insurance Company, and American Home Assurance Company (collectively, the “Co-Sureties”) pursuant to a payment bond issued on a 21...
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Petition for review of a decision of the Court of Appeals, No. 73562-4-I, August 1, 2016, 195 Wn. App. 1026. Petitioner’s petition for review denied and respondent’s request for review denied January 4, 2017....
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Petition for review of a decision of the Court of Appeals, No. 47149-3-II, June 28, 2016, 194 Wn. App. 759. Denied January 4, 2017....
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MEMORANDUM ORDER Plaintiff Spirit Realty, L.P., formerly known as Cole Operating Partnership II, L.P. (“Spirit Realty”) moves pursuant to Federal Rule of Civil Procedure 37(a)(5)(A) for expenses it incurred resulting from five disputes with defendant GH&H Mableton, LLC (“GH&H”) during the discovery phase of this action.1 While the Court is dismissing the action today in a separate Opinion and Ord...
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MEMORANDUM In this employment action, Plaintiff alleges, inter alia, that Defendants violated the Pennsylvania Whistleblower Act and Family Medical Leave Act by placing him on involuntary paid administrative leave when he attempted to return to work after taking permitted medical leave. Presently before the court is Defendants’ motion to dismiss Count II of the amended complaint, which alleges th...
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MEMORANDUM ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT OF ACQUITTAL OR, IN THE ALTERNATIVE, MOTION FOR NEW TRIAL (DOC. NO. 233) Defendant, Steven J. Lynch (“Lynch”), a highly skilled tax attorney an.d sophisticated businessman, was found guilty of 16-counts of willful failure to pay over withheld employment taxes in violation of 26 U.S.C. § 7202, of a 29-count Superseding Indictment,1 on Septemb...
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OPINION Before this Court is Plaintiff Rose M. Ortiz’s (“Plaintiff’ or “Ortiz”) appeal of the final administrative decision of the Commissioner of Social Security (“Commissioner”) that Plaintiff is not disabled under section 1614(a)(3)(A) of the Social Security Act (the “Act”). This appeal is decided without oral argument pursuant to Federal Rule of Civil Procedure 78. This Court has subject matt...
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ORDER ON MOTION TO DISMISS Plaintiff Danny Gonzales (Gonzales) filed this action against Defendant Nueces County, Texas, and six of its law enforcement officers,1 for use of excessive force under 42 U.S.C. § 1983 and assault and battery under Texas law. Before the Court is Defendants’ Joint Rule 12(b)(6) Motion to Dismiss (D.E. 19), based on limitations, the failure to adequately plead municipal ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TIMOTHY SKRYNNIKOV, Plaintiff, v. Civil Action No. 11-609 {GK) FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendant. MEMORANDUM OPINION Plaintiff Timothy Skr...
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OPINION Pending before this Court is Defendant’s Motion to Suppress Evidence, ECF No. 21. For the reasons that follow, Defendant’s Motion is. denied in part and granted in part. L BACKGROUND On March 8, 2016, the Defendant was charged with possession of a firearm and/or ammunition by a convicted felon, possession with intent to distribute a quantity of heroin, and possession of a firearm in furthe...
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The following order has been entered on the motion filed on the 4th of January 2017 by State of NC for Temporary Stay:"Motion Allowed by order of the Court in conference, this the 4th of January 2017."...
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AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The present dispute arises out of the ill-fated decision by defendants Barnes and Noble, Inc., BarnesandNoble.com LLC, and Nook Media LLC (collectively, “B ...
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ORDER AND REASONS Rodney Tow, the Chapter 7 bankruptcy trustee for ATP Oil and Gas Corporation, sues defendants — former officers of ATP — -for fraudulent transfer. Defendants move to dismiss the Trustee’s complaint for failure to state a claim.1 For the following reasons, the Court grants the motion. I, BACKGROUND A, Parties and Claims Rodney Tow is the Chapter 7 Trustee for ATP Oil and Gas Corp...
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Petition for review of a decision of the Court of Appeals, No. 73445-8-I, June 28, 2016. Denied January 4, 2017....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS INTRODUCTION This matter is before the court on a Motion to Dismiss brought by defendants J & S Financial Corporation, Stephen L. Adamson, and Jared Adamson (the J & S Defendants) under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 25.) A hearing on this motion was held on October 13, 2016, at which time the court took the matter unde...
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OPINION AND ORDER Plaintiff Denis Murray seeks judicial review of the final decision of the Commissioner of Social Security denying his application for a period of disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-403. This Court has jurisdiction pursuant to 42 U.S.C. § 405(g). For the reasons that follow, I reverse the Commissioner’s...
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ORDER This matter is before the court on claimant Stephen Maciura’s (“Madura”) motion to stay this action for exoneration from or limitation of liability, lift the injunction restraining actions against limitation plaintiff Trawler Susan Rose, Inc. (“Trawler”) as owner of the commercial fishing vessel, F/V SUSAN ROSE, and transfer this action to the United States District Court for the District o...
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MEMORANDUM ORDER On November 9, 2016, following an eight-day trial, a jury found defendant Kian Gohari guilty of one count of conspiracy to distribute a controlled substance and one count of conspiracy to ■ commit healthcare fraud. See Transcript (“Tr.”) dated November 9, 2016, ECF No. 104, at 994-995. In brief, the Government set forth evidence that defendant, a licensed pharmacist, conspired wit...
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Appeal from a judgment of the Supreme Court (Cahill, J.), entered December 3, 2014 in Sullivan County, ordering, among other things, equitable distribution of the parties’ marital property, upon a decision of the court. Plaintiff (hereinafter the wife) and defendant (hereinafter the husband) were married in 2007. The wife commenced this action for divorce in 2009. After a nonjury trial, Supreme...
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*278ORDER' This matter is before the court on the appeals of Waterproofing Specialties, Inc. (“WSI”) and Weaver Cooke Construction, LLC (“Weaver Cooke”) from the 13 March 2015 order of United States Bankruptcy Judge Stephani W. Humrickhouse. The issues have been fully briefed and are ripe for disposition. I. BACKGROUND This dispute arises out of a real estate development project, a luxury condomin...
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Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered September 24, 2015, which granted defendant’s motion for summary judgment dismissing the complaint due to plaintiff’s inability to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously modified, on the law, to deny the motion with respect to plaintiff’s claims of permanent consequential and significant limit...
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Order, Supreme Court, New York County (Neil E. Ross, J.), entered October 10, 2013, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law *443 art 6-C), unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the adjudication to level one, and otherwise affirmed, without costs. Under the...
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Motion by National Association of Criminal Defense Lawyers et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days....
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MEMORANDUM OPINION & ORDER This matter is before the Court on a discovery dispute. Each party filed a brief, ECF Nos. 93 and 94, and the Court held a hearing by conference call on December 9, 2016. As background, this ease involves two claims arising under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiff Diane Coffey’s fust claim concerns denial of...
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*1376ORDER “Everyone supposedly loves arbitration. At least until arbitration goes badly.” Saturn Telecomms. Servs., Inc. v. Covad Commc’ns Co., 560 F.Supp.2d 1278, 1279 (S.D. Fla. 2008). In this case, the parties arbitrated whether Plaintiff Solo Cup Operating Corporation (“Solo”) violated the parties’ collective-bargaining agreement. The arbitration went badly for Solo, and it now seeks to modi...
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MEMORANDUM DECISION AND ORDER INTRODUCTION The Court has before it Defendant Steven Casey Gallinger’s Motion to Suppress (Dkt. 15). The Court held an evidentiary hearing on the motion on December 19, 2016, where it heard testimony from Officers Logan Terry and Joseph Martinez. At the close of the hearing, the Court took the matter under advisement. For the reasons explained below, the Court will g...
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Alexis Ramirez Rosado and Elsie E. Berrios Salgado (collectively, the “Debtors”) appeal from the bankruptcy court’s order denying their motion seeking the imposition of sanctions for contempt against Banco Popular de Puerto Rico (“Banco Popular”) under § 105, on account of an alleged violation of the discharge injunction.1 They also seek to appeal from the bankruptcy court’s subsequent refusal to ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF JUDGMENT This case was tried to the Court from August 29, 2016 to September 8, 2016 and from October 3, 2016 to October 5, 2016. I. FINDINGS OF FACT A. The Parties. 1. Defendant/counter-plaintiff CeramTec GmbH (“CeramTec”) is a company that produces pink-colored ceramic hip implant components sold under the name BIOLOX Delta. See Trial Tr. 619:1-1...
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00067-CR CORDRECUS DUNQUE BURTON APPELLANT V. THE STATE OF TEXAS STATE ...
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FILED United States Court of Appeals Tenth Circuit January 5, 2017 PUBLIS...
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Order On April 12, 2016, this Court issued an Order authorizing the electronic filing of initial information and pleadings in criminal case types through interim solutions for the Odyssey and JTS case management systems. The Court has been advised that it is now possible to file the initial complaint and pleadings in infraction and ordinance violation case types electronically, using the same inte...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 15-3755 ___________ PATRICK COLEMAN, Appellant v. SUPERINTENDENT GREENE SCI; THE DISTRICT ATTOR...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-1729 RAHIM MCWILLIAMS, Plaintiff-Appellant, v. COOK COUNTY, ILLINOIS, et al., Defendan...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3258 DEMIKO MCCASTER and JENNIFER CLARK, Plaintiffs-Appellants, v. DARDEN RESTAURANTS, INC., and GMRI, INC., Def...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF No. 15-10418 AMERICA, Plaintiff-Appellee, D.C. No. 4:14-cr-01196-RM-EJM-1 v. GENARO ACEVEDO-DE LA OPINION CRUZ, Defendant-Appellant. Appeal...
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United States Court of Appeals for the Federal Circuit ______________________ SONIX TECHNOLOGY CO., LTD., Plaintiff-Appellant v. PUBLICATIONS INTERNATIONAL, LTD., SD-X INTERACTIVE, INC., ENCYCLOPEDIA BRITTANNICA, INC., HERFF JONES, INC., Defendants-Appellees ______________________ ...
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#27526-aff in pt & rev in pt-LSW 2017 S.D. 1 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. JOSHUA ALLEN BAUSCH, Defendant and Appellant. ...
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#27774-r-DG 2017 S.D. 2 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** KEITH MENDENHALL, Plaintiff and Appellant, v. LISA SWANSON, Defendant and Appellee. **** APPEAL F...
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ORDER Before the Court is a Motion to Dismiss filed by URS Energy & Construction, Inc. and AECOM (collectively “Defendants”) on August 30, 2016. Clerk’s No. 7. Marc Joseph Pia (“Plaintiff’) filed a resistance on September 26, 2016. Clerk’s No. 15. Defendants filed a reply on November 7, 2016. Clerk’s No. 18. This Court heard oral arguments on the motion on December 22, 2016. Clerk’s No, 22. The m...
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OPINION I. Introduction In four issues, Appellant Compass Bank appeals the trial court’s summary judgment for Appellee Jerry Durant in a dispute over (1) the interpretation of early termination fee provisions contained in certain documents, including an interest rate swap agreement, that were executed by the parties in conjunction with a commercial loan agreement and (2) the award of attorney’s f...
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ORDER This matter is before the Court pursuant to Defendants Employment Development Department (“EDD”), Richard Rogers and David Derks’s (collectively hereinafter referred to as “Defendants”) Motion for Summary Judgment or, alternatively, Summary Adjudication. (ECF No. 50.) Plaintiff Frank Pinder (“Plaintiff’) opposes Defendants’ motion. (ECF No. 58.) Defendants have filed a reply. (ECF No. 60.) ...
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ORDER AFFIRMING BANKRUPTCY COURT’S JUDGMENT This appeal arose from Jeffrey Brian Johnson’s Chapter 7 bankruptcy. After the Chapter 7 Trustee filed a Report of No Distribution, the bankruptcy court discharged Johnson’s debt (“Discharge Order”). Surprised by the Discharge Order, Johnson moved to set it aside. After the bankruptcy court denied his motion, John*655son filed an appeal with this Court....
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Re: Removal of Consolidated Cases OPINION AND ORDER Pending before the Court is plaintiff Banco Popular de Puerto Rico (“BPPR”)’s motion seeking remand of these consolidated actions to the Puerto Rico Court of First Instance, Bayamon Superior Division, as well as reimbursement of costs, attorney fees and expenses pursuant to 28 U.S.C. § 1447(c). (Docket No. 14.) Having *191considered the motion, ...
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Opinion & Order On February 12, 2015, Plaintiffs Eduardo Soto-Cintrón and his minor son ASM sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2679, et seq, claiming that federal agents subjected them to unlawful arrest, detention, and assault. Pending before the Court is the United States’ Motion for Summary Judgment. For the reasons that follow, this motion is GRANTED....
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Opinion and Order Jarida García and her immediate family (collectively, Plaintiffs) bring this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, alleging that Defendants, Agent José Rodríguez and Sergeant Luis López, violated their rights protected under the Fourth and Fourteenth Amendments to the Constitution of the United States.1 They also bring supplemental claims under Article II ...
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MEMORANDUM OPINION AND ORDER Before the Court are Defendants’ Motions to Dismiss. All Defendants have moved to dismiss Plaintiff’s Complaint on the basis that it fails to state a claim for which relief can be granted. All submitted briefs have been reviewed, and the Court held a hearing on November 30, 2016. For the reasons stated below, Defendants’ 12(b)(6) Motions to Dismiss (ECF Nos. 24, 26, 2...
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ORDER This matter comes before the Court upon the Motion to Withdraw as Counsel for David Richardson (“Defendant”) filed by one of Defendant’s counsel, Mary E. Davis. ECF No. 96. For the reasons set forth herein, Defendant’s Motion is DENIED. I. PROCEDURAL HISTORY On August 23, 2013, pursuant to a written plea agreement with the United States, Defendant pled guilty before this Court to one count o...
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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 15-0904 MARY VILFRANC, APPELLANT, V. ROBERT A. MCDONALD, SECRETARY OF VETERANS AFFAIRS, APPELLEE....
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 1 October Term, A.D. 2016 January 5, 2017 TRESTIN M. PIERCE, Appellant (Defendant), v. S-16-0213 THE STATE OF WYOMING, A...
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OPINION & ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Dkt. 30) This is an age discrimination case. Plaintiff is Purnima Shrivastava, now a 64-year-old woman, who alleges that she was subjected to “derogatory” remarks at work and that her employment was ultimately terminated by her branch manager, Alaina Keen, because .of her age. Shrivastava claims that this conduct violated the Age D...
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OPINION AND ORDER DENYING PLAINTIFF’S MOTION AND RENEWED MOTION FOR PRELIMINARY INJUNCTION AND MOTIONS FOR EVIDENTIARY HEARING, AND GRANTING DEFENDANTS’ MOTION TO DISMISS Plaintiff John Doe alleges in an amended complaint that he agreed under duress to withdraw from the University of Michigan with only one semester left to complete his degree, after he was found to *791have violated the school’s ...
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ORDER REGARDING MOTION FOR SUMMARY JUDGMENT Re: ECF No. 97 Before the Court is Defendant Virgin America’s motion for summary judgment. ECF No. 97. The Court will deny the motion in part and grant the motion in part. I. BACKGROUND The Plaintiffs are flight attendants who currently work or have previously worked for Defendant Virgin America, Inc. (“Virgin”). In this class action against Virgin, the...
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Case: 15-11923 Date Filed: 01/05/2017 Page: 1 of 19 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Nos. 15-11923 & 15-90007 D.C. Docket No. 11-01999-AJC BARBARA WORTLEY, RICHARD 1. CLARK, LIBERTY ASSOCIA...
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OPINION AFFIRMING THE BANKRUPTCY COURT [16-CV-5739]; AND DENYING PETITION FOR WRIT OF MANDAMUS [16-CV-5828, DOCKET NO. 2] Before the Court is a bankruptcy appeal from the Bankruptcy Court in case number 16-cv-5739 (the Honorable Julia W. Brand, United States Bankruptcy Judge) (the “Bankruptcy Court”). Appellants Palisades Capital Partners LLC and 1111 Sunset Boulevard, LLC, filed an Opening Brief...
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In Presley v. Georgia, 558 U.S. 209, 130 S.Ct. 721, 175 L.Ed.2d 675 (2010), the Supreme Court held that the right of a criminal defendant to a public trial, a right conferred by the Sixth Amendment, extends to the voir dire. Id. at 213-14, 130 S.Ct. 721. In the present case both petitioner-appellants argue that this right was violated by the decision of the state trial judge (the same judge in bot...
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concurring in part and concurring in the judgment. I agree that Jabateh’s petition should be denied and that the Board lacked jurisdiction to review Jabateh’s “section 13” application. See 8 U.S.C. § 1255b. I would deny the rest of his petition on the merits. That would require only a straightforward application of our deferential standard of review to factual findings. Jabateh simply did not prov...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-3938 TRI-STATE WATER TREATMENT, INC., Plaintiff/Counterclaim-Defendant, v. MICHAEL BAUER and STACEY BAUER, Defendants/Counterclaim-Plaintiffs/Appellees, ...
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MEMORANDUM OPINION AND ORDER Defendants Henkel Corporation and National Starch & Chemical seek summary judgment on Gregory and Tammy Cripes’ claims of negligence and strict liability for failure to give adequate instructions and warnings on the use of a toxic adhesive. The defendants, which I will refer to for ease of reference collectively as Henkel, contend that the Cripes have failed, after mu...
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MEMORANDUM AND ORDER The case comes before the court on the following motions that are ripe for decision: the motion for partial summary judgment (Dk. 86) by the plaintiffs Jonathan and Eric Clark; the defendant City of Shawnee’s, (“City’s”), motion for summary judgment (Dk. 108); the plaintiffs’ motion for review (Dk. 124); the plaintiffs’ second motion for partial summary judgment (Dk. 128); th...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01193-SCT A. RANDALL HARRIS v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 08/04/2015 TRIAL JUDGE: HON. JEFF WEILL, SR. COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: DAVID NEIL ...
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MEMORANDUM OPINION Defendant Phyllis Randall, Chair of the Loudoun County Board of Supervisors, blocked Plaintiff Brian Davison from what Plaintiff claims is her official County Face-book page. Plaintiff alleges that this violated his First Amendment and Due Process rights. Defendant Randall has moved to dismiss Plaintiffs claims against her [Dkt. 35], and Plaintiff has in turn moved for summary ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01055-COA JOHNNY WILLIAM WILLIAMS A/K/A APPELLANT JOHNNY WILLIAMS A/K/A JOHNNY WILLIAM WILLIAMS, JR. v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 06/23/2015 TRIAL JUDGE: ...
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ORDER This case arises out of the alleged infringement of seven patents relating to online gambling. Pending before the Court are Defendant Big Fish Games, Inc.’s Motion to Dismiss (ECF No. 39) and Motion to Stay (ECF No. 43). For the reasons given herein, the Motion to Dismiss is granted in part and denied in part, and the Motion to Stay is denied. I. FACTS AND PROCEDURAL HISTORY Plaintiff CG Te...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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¶ 1. J.W. was involuntarily committed to the Mississippi Department of Mental Health at the close of his commitment hearing. The Harrison County Chancery Court had appointed a special master,1 who conducted the hearing and made a *203finding that J.W. should be committed. J.W. and his attorney were not present, but attended the hearing through video conference. After the hearing, the special maste...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-00259-COA MARCI SKLAR TEAL APPELLANT v. ELAINE JONES APPELLEE DATE OF JUDGMENT: 09/15/2014 TRIAL JUDGE: HON...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01236-COA STEPHEN CARMODY AND ROWENA APPELLANTS CARMODY v. SUZANNAH MCGOWAN APPELLEE DATE OF JUDGMENT: 04/15/2015 TRIAL JUDGE: HON. HE...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01413-COA DESMON RAY LEE A/K/A DESMON R. LEE APPELLANT A/K/A DESMON LEE v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 07/22/2015 TRIAL JUDGE: HON. ...
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MEMORANDUM AND ORDER INTRODUCTION Plaintiffs DaSilva and Ferreira used to work as delivery drivers for Defendant Border Transfer. They claim that Border Transfer improperly treated them as independent contractors when they were in fact employees, and that as a result Border Transfer unlawfully deducted certain business expenses from their pay. Border Transfer moves to dismiss on the basis that the...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1358 MARJORIE K. LYNCH, Bankruptcy Administrator for the Eastern District of North Carolina, Appellant, v. GABRIEL LEVAR JACKSON; MONTE NICOLE JACKSON, Debtors – Appelle...
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ORDER DENYING PLAINTIFFS’ MOTION TO REMAND AND GRANTING DEFENDANT’S MOTION TO DISMISS I. INTRODUCTION On September 30, 2016, Plaintiffs Candice Ritenour and Cheryl Weiser filed this putative class action in California Superior Court, County of Orange, against Defendant Carrington Mortgage Services LLC and Does 1 through 100, inclusive. (Dkt. 1-1 [Complaint, hereinafter “Compl.”].) Plaintiffs asse...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA ) ) v. ) Criminal Case No. 03-441-08 (RBW) ) ANTHONY RICE, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, Plaintiff, Civil Action No. 1:15-cv-309-CKK v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant. MEMORANDUM OPINION ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) C.L. "BUTCH" OTTER, in his official) Capacity as Governor of the State ) of Idaho, et al., ) ) Plaintiffs, ) ) v...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA, ) ) v. ) Criminal No. 16-cr-0030 (KBJ) ) C...
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MEMORANDUM RULING Before the Court are the United States of America’s (“the Government”) Motion for Summary Judgment (Record Document 32) and Defendants S.P. Davis, Sr. (“Davis”), Andrew Davis, Jr., and Wilhe J. Singleton’s (“Singleton”) Motion for Summary Judgment (Record Document 33). Because the Court finds that there is no genuine issue of material fact and that the Government is entitled to j...
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Motion of petitioners for enlargement of time for oral argument and for divided *616argument is granted in part and denied in part and the time is divided as follows: 20 minutes for the Acting Solicitor General on behalf of petitioners in Nos. 15-1358 and 15-1359, 10 minutes for petitioners in No. 15-1363, and 30 minutes for respondents.Justice SOTOMAYOR and Justice KAGAN took no part in the consi...
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Motion of petitioners for enlargement of time for oral argument and for divided argument is granted in part and denied in part and the time is divided as follows: 20 minutes for the Acting Solicitor General on behalf of petitioners in Nos. 15-1358 and 15-1359, 10 minutes for petitioners in No. 15-1363, and 30 minutes for respondents.Justice SOTOMAYOR and Justice KAGAN took no part in the considera...
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Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
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MEMORANDUM OPINION Plaintiff Virginia Innovation Sciences, Inc. (“VIS”) owns the rights to a family of patents that cover a method, system, and apparatus for transferring video signals from a network to a mobile device and then converting those signals in a manner that allows them to be reproduced on an “alternative display terminal” (e.g., a television). Alleging infringement of these patents, P...
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Jose Casillas-Casillas appeals the district court’s imposition of a four-level enhancement pursuant to United States Sentencing Guideline § 2L2.2(b)(3)(A) for using a fraudulently-obtained United States passport card to unlawfully re-enter the country. We AFFIRM the district court’s enhancement of Casillas-Casillas’s sentence. BACKGROUND On November 24, 2015, Jose Casillas-Casillas applied for adm...
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Wendi A. Henderson (“the wife”) appeals from a judgment of the Cullman Circuit Court (“the trial court”) divorcing her from Kerry Henderson (“the husband”). We affirm the trial court’s judgment in part and reverse it in part. Procedural History On June 7, 2013, the husband filed a complaint for a divorce from the wife, seeking, among other things, an equitable division of the parties’ real and per...
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Robin Mousseau filed in the Calhoun Probate Court (“the probate court”) á petition to be appointed as the guardian or conservator of her mother, Christine Brad-berry. Gladys Wigley, who is Mousseau’s sister and also Bradberry’s daughter, counterclaimed in the probate court by filing a competing petition seeking to be. appointed Bradberry’s guardian. On April 6, 2015, the probate court entered a ju...
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On July 28, 2014, Jimmy L. Johnson, Jr., filed in the Lowndes Circuit Court (“the trial court”) a complaint against First Acceptance Insurance Company, Inc. (“First Acceptance”),1 seeking a judgment declaring that he was entitled to underirisured-motorist (“UIM”) coverage under an insurance contract between Johnson and First Acceptance. In his complaint, Johnson also sought damages on claims of br...
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OPINION & ORDER Defendants Virtus Investment Parters, Inc., VP Distributors, LLC, and George R. Aylward (collectively, “Defendants”) move to certify an interlocutory appeal from this Court’s Opinion & Order granting in part and denying in part Defendants’ motion to dismiss. Specifically, they contend that this case presents an “opportunity to obtain appellate clarity” on the threshold question of...
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Keevis D. Watkins (“the father”) appeals a judgment of the Morgan Circuit Court (“the trial court”) granting a petition to establish paternity, custody, visitation, and child support that had been filed by Brianne Claire Lee (“the mother”) regarding the parties’ son and daughter (hereinafter referred to collectively as “the children”), who were born out of wedlock on October 12, 2007, and June 17,...
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J.F. Ingram State Technical College (“the college”) appeals from the decision of a hearing officer overturning the decision of the acting president of the college to reassign Stanley Carter’s employment with the college. This proceeding is governed by the Students First Act of 2011 (“the SFA”), § 16-24C-16, Ala. Code 1975. The decision of the hearing officer was appealed directly to this court pur...
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The Alabama Department of Human Resources (“DHR”) petitions this court for a writ of mandamus directing the Montgomery Circuit Court (“the trial court”) to enter a judgment dismissing a petition Z.G. and C.G. (“the foster parents”) filed in the trial court on the ground that the trial court lacked subject-matter jurisdiction over the matter. In their petition, the foster parents sought judicial re...
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RES-GA Lake Shadow, LLC (“Lake Shadow”), appeals from a judgment of the Montgomery Circuit Court (“the trial court”) dismissing three claims of its amended complaint against William G. Kennedy (“the husband”), Susan S. Kennedy (“the wife”), Scoop Kennedy Properties, LLC, and Capitol Container Properties, LLC (hereinafter collectively referred to as “the defendants”). The claims involve *524allegat...
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Associated General Contractors Workers’ Compensation Self-Insurers Fund, Alabama Branch (“the AGC Fund”), and Good Hope Contracting, Inc. (“Good Hope”), petition this court for a writ of mandamus directing the Cullman Circuit Court (“the trial court”) to vacate an order transferring the action to Jefferson County, to reinstate the action in Cullman Cóunty, and to enter an order denying Lynn Hardin...
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This is the second time these parties have been before this court. On December 1, 2015, Deslíante Steger (“the mother”) filed a complaint in the Madison' Circuit Court (“the trial court”) seeking the return of custody of her two children from Tina Wynn (“the maternal grandmother”). The record indicated that the mother had transferred custody of the children to the maternal grandmother approximatel...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 Fax...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA ELISSA SHANIGAN, ...
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Adam Dan Hilyer appeals from the order of the Elmore Circuit Court (“the circuit court”), following this Court’s remand of the case, denying Hilyer’s motion filed pursuant to Rule 55(c), Ala. R. Civ. P., to *16set aside the default judgment entered against him and in favor of Betti Fortier, individually and as mother and next friend of M.M., a minor. For the reasons explained below, we reverse and...
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Order on Motion for Sanctions as to Nikola Duric (Dkt. No. 178) Facts and Background On April 22, 2016, Attorney Lawrence M. Karlin filed a Motion for Sanctions on behalf of secured creditor 36 Holdings LLC (“36 Holdings”) against the Debtor, its principals and its attorneys Paul M. Bauch and Nikola Duric. After a contested hearing the Motion for Sanctions was denied as to all respondents except A...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2790 DONNA GEIGER, Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, ...
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A very unusual case, this. The plaintiff, unrepresented by counsel (the district judge had recruited counsel initially, who, however, upon discovering that the suit was groundless, requested and was allowed to withdraw from the case, leaving the plaintiff to proceed pro se), has sued Amazon, claiming that it permitted third parties to advertise on its website six counterfeit copies of books called...
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The defendant pleaded guilty to possessing cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Because of the quantity of the cocaine that he possessed and his history of drug and other criminal offenses, his guideline sentencing range was 151 to 188 months and his statutory maximum 240 months. The government recommended a 216-month sentence (i.e., 18 years,...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3723 ___________________________ Star City School District lllllllllllllllllllll Plaintiff - Appellant v. ACI Building Sys...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1260 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BIBIJI INDERJIT KAUR PURI; No. 13-36024 RANBIR SINGH BHAI; KAMALJIT KAUR KOHLI; KULBIR SINGH D.C. No. PURI, 3:10-cv-01532-MO Plaintiffs-Appellants, v. OPINION SOPURKH KAUR KHALSA; PERAIM KAUR...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TRAVIS Z. GONZALES, an No. 14-56305 individual, Plaintiff-Appellee, D.C. No. 8:13-cv-01391-CJC- v. RNB CARMAX AUTO SUPERSTORES, LLC, a Virginia Limited Liability Company; SANTANDER CONSUMER USA, ...
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OPINION Charles Edward Byrd, an Arizona state prisoner and former pretrial detainee, appeals from the district court’s sua sponte dismissal under 28 U.S.C. § 1915A of his 42 U.S.C. § 1983 action challenging defendants Maricopa County Sheriffs Department, Maricopa County Board of Supervisors, and Sheriff Joe Arpaio’s alleged policy of allowing female guards to observe daily, from four to five feet...
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United States Court of Appeals for the Federal Circuit ______________________ ANDRE WALKER, Plaintiff-Appellant v. HEALTH INTERNATIONAL CORPORATION, A FLORIDA CORPORATION, HSN INC., A DELAWARE CORPORATION, HSN INTERACTIVE LLC, A DELAWARE CORPORATION, Defendants-Appellees ___...
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Filed 1/6/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO In re the Marriage of COLLEEN and BRUCE Y. MCLAIN. COLLEEN MCLAIN, E062884 Respondent, ...
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ORDER This matter is now before the Court on pro se Petitioner Elvert Berry’s (“Petitioner”) Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1). For the reasons set forth below, the Court DENIES the petition. This matter is now terminated. PROCEDURAL BACKGROUND On May 29,2003, a jury found Petitioner guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. ...
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*77OPINION Jean McCuiston, as administró of the estate of Joyce McCuiston (hereinafter “the Estate”), appeals the Henderson Circuit Court’s order granting summary judgment to William B. Butler and the City of Henderson, Kentucky (hereinafter “Henderson”) in a wrongful death action. After careful consideration, we affirm. BACKGROUND On July 28, 2012 at 7:52 a.m., Joyce McCuiston called 911, and Wi...
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OPINION Sherry McCoy has appealed from the summary judgment'of the Martin Circuit Court dismissing hér premises liability case against Family Dollar Store of Kentucky, LTD, (Family Dollar) and R & J Development Company, LLC, (R & J) as well as from the order denying her motion to alter, amend, or vacate that order. Finding no error, we affirm. McCoy filed a complaint on May 13, 2014, seeking $1,3...
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OPINION Carroll L. Hays appeals from an In Rem Judgment and Order of Sale rendered by the Jefferson Circuit Court. Hays argues that the Court improperly applied Kentucky Legal Sys. Corp. v. Dunn, 205 S.W.3d 235 (Ky. App. 2006), to determine that the lien of Plaintiff/Appellee Nations-tar Mortgage LLC is superior to a prior *328Judgment Lien filed by Hays. Finding error, we REVERSE AND REMAND the O...
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M.R.S. (“Father”) appeals from the circuit court’s judgment terminating his parental rights to his child, J.P.B. (“Child”). The circuit court found that Father neglected Child, failed to rectify conditions that led to Child coming into the care of the Children’s Division, was unfit to be a party to the parent-child relationship, and that termination was in the best interest of Child. The circuit c...
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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 15-0225 444444444444 DENBURY GREEN PIPELINE-TEXAS, LLC, PETITIONER, v. TEXAS RICE LAND PARTNERS, LTD., ET AL., RESPONDENTS ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2192 QINETIQ US HOLDINGS, INC. & SUBSIDIARIES, Petitioner - Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent - Appellee. Appeal from ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0001p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ KAMAL H. TURFAH, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0002p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ MATTHEW ...
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Diane Parker was injured when a sliding glass door in the bathroom of her Four Seasons Hotel room shattered. The hotel admitted negligence and a jury awarded Parker $20,000 in compensatory damages, which was reduced to $12,000 after a motion for set-off was granted. The district court declined Parker’s request to put the question of punitive damages to the jury, finding her evidence insufficient a...
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*174Pro Se Plaintiff; Subject Matter Jurisdiction; Tort Claims; Criminal Claims. ORDER On November 3, 2016 joro se plaintiff Ni-coll Stewart filed a complaint in the United States Court of Federal Claims against various state agencies and personnel including the “Department of Descrimination.”1 Ms. Stewart alleges that: I am a previous victim of civil rights violation and invasion of privacy. I h...
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Motion for discretionary review of a decision of the Court of Appeals, No. 73754-6-I, June 24, 2016. Granted January 5, 2017....
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NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinio...
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OPINION & ORDER Plaintiff Kirsten Bowman brings this action seeking judicial review of the Commissioner’s final decision to deny disability insurance benefits (DIB). This Court has jurisdiction pursuant to 42 U.S.C. § 405(g). I affirm the Commissioner’s finding on the issue of Plaintiff’s credibility. However, I conclude that the ALJ erred in rejecting a portion of Plaintiffs treating physician’s...
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MEMORANDUM OF OPINION Before the Court is Defendants’, Midland Funding, LLC, and Midland Credit Management, Inc. (collectively “Midland”), Motion for Summary Judgment (Doc. 25), as well as Plaintiff Michael Motes’s (“Motes”) First Motion to Strike (Doc. 33) and Motion to Strike (Doc. 39). Motes brought this action alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et ...
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ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: *678Before the Court is Magistrate Judge Carlson’s November 14, 2016 Report and Recommendation (Doc. No. 9), that recommends that the Court grant in part Petitioner Abdul Ahad’s petition for writ of habeas corpus submitted pursuant to 28 U.S.C. § 2241 (Doc. No. 1), challenging the constitutionality of Petitioner’s . twenty-month detention under 8 U...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT Re: Dkt. Nos. 58, 59 INTRODUCTION The parties cross-move for summary judgment on plaintiffs’ claims that Delta violates California Labor Code section 226 by failing to provide Flight Attendants who work for any amount of time on the ground in California individualized wage statements disclosing the total hours worked at specific hourly rates.1 Plaintiffs also...
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ORDER REGARDING MOTIONS TO DISMISS Re: Dkt. Nos. 21, 36 I. INTRODUCTION This action arises from the tragic death . of Kathryn Steinle (“Steinle”) on July 1, 2015. Plaintiffs James Steinle and Elizabeth Sullivan—individually, as heirs to Steinle, and as representatives of Steinle’s estate—bring several claims against Defendants Ross Mirkarimi, the City and County of San Francisco (“San Francisco” ...
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FILED Jan 06 2017, 8:46 am CLERK Indiana Supreme Court ...
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OPINION AND ORDER This matter is before the Court on cross-motions for summary judgment: (1) *992Plaintiff Atlantic Casualty Insurance Company’s Motion for Summary Judgment [DE 23], filed on April 22, 2016; and (2) Defendants Juan and Maria Garcia’s Motion for Partial Summary Judgment and Response to Atlantic Casualty’s Motion for Summary Judgment [DE 25], filed on May 26, 2016. The parties have ...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Georgia denied.THE CHIEF JUSTICE and Justice ALITO took no part in the consideration or decision of this petition....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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MEMORANDUM AND OPINION SETTING OUT FINDINGS OF FACT AND CONCLUSIONS OF LAW TABLE OF CONTENTS Introduction... 673 I. The Law Governing the Court’s Inquiry, Findings, and Conclusions... 674 A. Section 2 of the Voting Rights Act and the Fifteenth Amendment.. .675 B. The Fourteenth Amendment.. .676 II. Findings of Fact... 677 A. Procedural Background... 677 B. The Record Evidence... 678 1. Fact Witne...
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MEMORANDUM Presently before the Court is the Thompson Hine Defendants’ motion for summary judgment based upon their argument that Plaintiffs Jones Act claims have abated as there is no statutory beneficiary. For the reasons that follow, the motion ■will be denied. This case was transferred in April of 2011 from the United State District Court for the Northern District of Ohio to the United States...
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ORDER AND OPINION I. MOTION PRESENTED At docket 17, Respondents filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure. Petitioner filed a response at docket 24. Respondents filed a reply at docket 27. Oral argument was not requested and would not be of assistance to the court. II. BACKGROUND Petitioner is a member of the Metla...
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MEMORANDUM AND ORDER Pending before the Court is Plaintiff Paul Y. Baron, Jr.’s motion to strike Defendant DIRECTV, LLC’s affirmative defenses pursuant to Federal Rule of Civil Procedure 12(f). (ECF No. 20.) The motion has been briefed (ECF Nos. 25 & 26), and no hearing is required, Local Rule 105.6 (D. Md. 2016). The motion will be denied. Baron has premised his motion to strike all of DIRECTV’S...
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ORDER The instant matters are before the court on plaintiff Scottsdale Insurance Company (“Scottsdale”) and defendant Roy W. In-finger, Jr.’s (“Infinger”) cross motions for summary judgment. For the following reasons the court grants Scottsdale’s motion for summary judgment, and denies Infinger’s motion for summary judgment. I.BACKGROUND On the night of December 8, 2013, decedent April Infinger (...
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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 15-0005 444444444444 ONCOR ELECTRIC DELIVERY COMPANY LLC, ET AL., PETITIONERS, v....
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On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United State Court of Appeals for the Eighth Circuit for further consideration in light of Mathis v. United States, 579 U.S. ----, 136 S.Ct. 2243, 195 L.Ed...
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Motion to direct the Clerk to file a petition for writ certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion for leave to proceed as a veteran denied....
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Motion for leave to file a Bill of Complaint denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States....
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Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance *709with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule *71038(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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This case addresses the situation of an officer who-having arrived late at an ongoing police action and having witnessed shots being fired by one of several individuals in a house surrounded by other officers-shoots and kills an armed occupant of the house without first giving a warning. According to the District Court and the Court of Appeals, the record, when viewed in the light most favorable t...
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until January 30, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Arkansas denied....
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Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of New York denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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*631Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Delaware denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Kentucky denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Nevada denied....
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*635Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, First Appellate District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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*641Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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*649Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Kentucky denied....
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Petition for writ of certiorari to the Court of Appeals of Kentucky denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Illinois denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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*712Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Wisconsin denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division denied....
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Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of North Dakota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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*623Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Supreme Court of New York, New York County denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Nevada denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Superior Court of California, San Joaquin County, Appellate Department denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals Oklahoma denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Missouri denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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*640Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Missouri denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the Supreme Court of Missouri denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District denied....
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*646Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, First District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Indiana, Fifth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Indiana, Fifth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Missouri denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Ohio, Guernsey County denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department denied....
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Petition for writ of certiorari to the Supreme Court of Arkansas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District denied....
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Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Oregon denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Mississippi denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Kentucky denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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*676Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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*678Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Arkansas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the District Court of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division denied....
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Petition for writ of certiorari to the Court of Appeals of North Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Arizona denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Motion of Public Knowledge, et al. for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of South Carolina denied....
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Motion of The Human Trafficking Institute, et al. for leave to file a brief as amici curiae granted. Motion of National Center for Missing and Exploited Children for leave to file a brief as amicus curiae granted. Motion of FAIR Girls for leave to file a brief as amicus curiae granted. Motion of Coalition Against Trafficking Women, et al. for leave to file a brief as amici curiae granted. Motion o...
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Motion of respondent The Minor, Alexandria P. for leave to proceed in forma pauperis granted. Motion of respondent Father J.E. for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
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Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Second Circuit dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is pai...
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Motion of petitioner for leave to proceed in forma pauperis denied, and the petition for writ of certiorari to the Supreme Court of Florida dismissed. See Rule 39.8....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid...
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the Supreme Court of Illinois dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in ...
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.The CHIEF JUSTICE took no part in the consideration or decision of this petition....
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Petition for writ of habeas corpus denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Motion of petitioner for leave to file petition for rehearing denied....
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In the Matter of DISBARMENT OF Jason Eric FISHER.Disbarment order entered....
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Disbarment order entered....
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In the Matter of DISBARMENT OF Karla W. SIMON.Disbarment order entered....
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Disbarment order entered....
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Disbarment order entered....
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Disbarment order entered....
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Disbarment order entered....
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Patricia Ballner, of New York, New York, having requested to resign as a member of the Bar of this Court, it is ordered that her name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on July 18, 2016, is discharged....
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Disbarment order entered....
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION On November 17, 2016, the undersigned United States District Judge heard oral argument on Plaintiff Jose Lopez Orella-na’s (“Orellana”) Motion for Summary Judgment [Docket No. 16], and Defendants Nobles County, Kent Wilkening, John Doe, and Richard Roe’s (collectively, “Defendants”) Motion for Summary Judgment [Docket No. 22], For the reasons set forth...
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ORDER This matter is before the Court on a Report and Recommendation (“R & R”) issued by the Honorable Leo I. Brisbois, United States Magistrate Judge, on October 28, 2016. (Docket No. 51.) The R&R issued in response to a motion to dismiss filed by Defendants County Council of Beaufort County, SC, Jerri Ann Roseneau, Betty Ann Strickland, Peggy Rivers, and Vanessa Bryan (the “South Carolina Defen...
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Petitioner-Appellant Andrew Moss appeals from a decision of the United States District Court for the Southern District of New York (Crotty, J.) denying his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. During the state trial testimony of the undercover officers involved in Moss’s arrest, the state trial court closed the courtroom to the general public to protect the sa...
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Case: 16-70008 Document: 00513824682 Page: 1 Date Filed: 01/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit No. 16-70008 ...
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Woodbridge Baric Pre-Settlement Funding, L.L.C. (Woodbridge Baric), appeals the district court’s order that it pay $20,000 in restitution to the Deepwater Horizon Court-Supervised Settlement Program. In 2012 Woodbridge Baric loaned Jarrod Burrle $24,000. Woodbridge Baric and Burrle agreed that Burrle would not be required to repay the loan if his economic loss claims in connection with the Deepwat...
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STATE OF MINNESOTA IN COURT OF APPEALS A15-2006 In re the Marriage of: Michelle Beth Kremer, petitioner, Respondent, vs. Robbie Micha...
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN ON REMAND NO. 03-14-00669-CR Ex parte Justin River Carter FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2013-159, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING ...
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00521-CV West Travis County Public Utility Agency, on behalf of itself and its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in their Official Capacities, Appellants ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JERRY GORALSKI LAMB, Plaintiff, v. Civil Action No. 16-765 (RDM) MILLENNIUM CHALLENGE CORPORATION, et al., Defendants. MEMORANDUM OPINION AND ORDE...
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This appeal concerns a dispute between an insured and its' insurer. The insured, plaintiff EmbroidMe.com, Inc. (“Em-broidMe”), was sued in federal district *1102court based on alleged copyright infringement. Luckily for EmbroidMe, it had an insurance policy with defendant Travelers Property Casualty Company of America (“Travelers”) in which Travelers agreed to indemnify EmbroidMe should the latter...
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Appellant Ángel Cotto-Negrón pled guilty to one count of committing a Hobbs Act robbery in violation of 18 U.S.C. § 1951(a) and was sentenced to a prison term of 120 months. On appeal, he challenges his sentence as both procedurally and substantively unreasonable. We agree that the sentence was procedurally unreasonable because it was premised on factual findings that are not supported by any evi...
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Defendant-appellant Rafael Fontanez challenges evidentiary rulings made in the course of the revocation of his supervised release and the ensuing revocation sentence. After careful consideration, we reject his asseverational array and affirm the judgment below. I. BACKGROUND We start with an overview of the relevant facts and the travel of the case. On October 15, 1998, the appellant was char...
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Following a drop in the share price of InVivo Therapeutics Holdings Corporation’s (“InVivo”) common stock, investors filed suit against the company and its former chief executive officer (“CEO”), Frank Reynolds, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§ 78j(b) and 78t(a), as well as the Securities and...
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Dasean Taylor was convicted of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g). He was sentenced to a term of 71 months’ imprisonment. He now challenges his sentence, arguing that the District Court erroneously applied a sentencing enhancement for trafficking in firearms under U.S.S.G. § 2K2.1(b)(5). We affirm. I. On March 9, 2015, Taylor pled guilt...
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Plaintiffs appeal from a district court order dismissing their 42 U.S.C. § 1983 claim for lack of subject matter jurisdiction, and declining to exercise supplemental jurisdiction over related state law claims. We affirm the district court’s dismissal. The district court found that it lacked subject matter jurisdiction because *464 the parties had failed to comply with the mediation...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-3797 RODNEY CLEMONS, Petitioner-Appellant, v. RANDY PFISTER, Warden, Respondent-Appellee. ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ Nos. 16-2336, 16-2339 TRACY L. WINK, Plaintiff-Appellee/Cross-Appellant, v. MILLER COMPRESSING COMPANY, Defendant-Appellant/Cross-Appellee. ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HECTOR NAVARRO; MIKE No. 13-55323 SHIRINIAN; ANTHONY PINKINS; KEVIN MALONE; REUBEN CASTRO, D.C. No. Plaintiffs-Appellants, 2:12-cv-08051- RGK-MRW ...
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United States Court of Appeals for the Federal Circuit ______________________ SCHLUMBERGER TECHNOLOGY CORPORATION, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant ______________________ 2015-2076 ______________________ Appea...
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United States Court of Appeals for the Federal Circuit ______________________ PHIGENIX, INC., Appellant v. IMMUNOGEN, INC., Appellee ______________________ 2016-1544 ______________________ Appeal from the Unit...
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Memorandum Decision ¶1 J.S. appeals the juvenile court’s disposition order of detention. We conclude that this appeal is moot and we therefore dismiss it. ¶2 In the summer of 2015, the State filed several delinquency petitions against J.S. At a detention hearing, the juvenile court found that it would be “unsafe for the public” to release J.S. and that J.S. could not “be safely left in the care an...
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2017 UT App 4 THE UTAH COURT OF APPEALS RALPH MINGOLELLO, Appellant, v. MEGAPLEX THEATERS, Appellee. Memorandum Decision No. 20150914-CA Filed January 6, 2017 ...
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*365Memorandum Decision ¶1 Douglas Ewald Isaacson (Defendant) appeals his conviction for one count of carrying a loaded and concealed dangerous weapon, a class A misdemeanor.1 See Utah Code Ann. § 76-10-504(2) (LexisNexis Supp. 2013). We affirm. ¶2 In October 2013, the Draper City police received a tip from a local library that Defendant was carrying a concealed weapon and that the library staff k...
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2017 UT App 3 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. MICHAEL L. NAY AND TRACY L. HANSON, Appellants. Memorandum Decision No. 20141185-CA Filed January 6, 2017 ...
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2017 UT App 6 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee and Cross-appellant, v. JOAN A. STEED AND FRANK J. STEED, Appellants and Cross-appellees. Opinion No. 20141044-CA ...
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2017 UT App 2 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. TIMOTHY NOBLE WALKER, Appellant. Opinion No. 20150317-CA Filed January 6, 2017 ...
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MEMORANDUM Petitioner Nathaniel Pitts (“Pitts”), who is currently a federal prisoner, filed a motion under Federal Rule of Criminal Procedure 41(g) (“Rule 41(g)”) seeking the return of certain property that he claims the Government seized during his arrest and the subsequent search of his home and two vehicles in September 2010. For the reasons that follow, the Court will grant in part and deny i...
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MEMORANDUM OPINION AND ORDER In the early morning hours of November 27, 2010, Plaintiff Paul Myvett was arrest*1008ed for allegedly shooting Reginald Allen during a late night fracas at a White Castle restaurant on the north side of Chicago. The charges levied against Myvett based on that shooting, however, were unfounded; Allen told police within hours of the shooting, and before Myvett was charg...
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MEMORANDUM OPINION AND ORDER In December 2015, the Village of Lin-colnshire adopted an ordinance that imposed new restrictions on labor relations between labor unions, employers, and employees. The plaintiffs, four unions that operate in Lincolnshire (the Unions), challenge the ordinance, alleging that it is invalid under the Supremacy Clause and deprives the Unions of their rights in violation o...
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ORDER DENYING DEFENDANT SHERRIE BOX BENNETT’S [104] MOTION FOR JUDGMENT OF ACQUITTAL OR ALTERNATIVELY, MOTION FOR NEW TRIAL PURSUANT TO RULES 29 AND 33 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE, AND DENYING DEFENDANT JERRY DEAN BENNETT’S [103], [105], [109] MOTIONS FOR JOINDER IN [104] MOTION BEFORE THE COURT are the Motion [104] for Judgment of Acquittal or Alternatively, Motion for New Trial P...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0003p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ LYNIECE NELSON, on behalf of herse...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0004p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ RYAN BROWN, ┐ ...
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*424MEMORANDUM DePuy Synthes Sales, Inc., DePuy Or-thopaedics, Inc. and Synthes, Inc. (collectively “Synthes”) sells medical implants and related products in a number of categories, including trauma. Olobus, Inc., another medical device company, already competes with Synthes in the spine category. It is now entering the trauma market and will compete directly with Synthes in that area as well. Gl...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0005p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ AMY SANDERS, ┐ ...
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MEMORANDUM AND ORDER In February 2009, defendant William Rubenstein (“defendant” or “Rubenstein”) entered into a plea agreement (ECF No. 597 Ex. A (the “Agreement”)) with the Tax Division of the United States Department of Justice (the “Tax Division”) and the Environmental Crimes Section of the Environment and Natural Resources Division of the United States Department of Justice (the “Environment...
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ORDER Before the Court is Defendants’ Motion for Summary Judgment (Doc. 25). For the reasons stated herein, Defendants’ Motion will be GRANTED. I. BACKGROUND Plaintiff Anthony Duane Hodges (“Plaintiff”) was hired as an Equipment Operator for the Van Burén County Highway Department (“the Highway Department” or “the Department”) in October 2010. At the time, the Department was under the control of t...
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In the United States Court of Federal Claims Consl. Ct. No. 06-141 C Filed: January 6, 2017* **************************************** * * * Comprehensive Environmental Response, SHELL OIL COMPANY, ATLANTIC ...
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APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 09-1-223K) *293MEMORANDUM OPINION Affirmed....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 30th of December 2016 by Defendant:"Motion Allowed by order of the Court in conference, this the 6th of January 2017."Defendant shall have up to and including the 7th day of February 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the motion filed on the 5th of January 2017 by State of NC for Temporary Stay:"Motion Allowed by order of the Court in conference, this the 6th of January 2017."...
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MEMORANDUM Plaintiffs CareFirst, Inc. (“CareFirst”), CareFirst of Maryland, Inc. (“CareFirst *729Maryland”), and Group Hospitalization and Medical Services, Inc. (“GHMSI”) (collectively, “plaintiffs”) have brought an action for declaratory and injunctive relief, claiming that certain administrative orders issued by Stephen C. Taylor, Commissioner of the District of Columbia Department of Insuranc...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 15-2862 _____________ UNITED STATES OF AMERICA v. MAXIMO MATEO-MEDINA a/k/a David Contreras ...
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ORDER AND OPINION GRANTING DEFENDANT THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES’ MOTION TO DISMISS COMPLAINT THIS CAUSE comes before the Court upon Defendant The Florida Atlantic University Board of Trustees’ (“FAU”) Motion to Dismiss Plaintiffs Amended Complaint (“Motion”), filed on September 22, 2016. (DE 20). Plaintiff Charles A. Nettleman, III (“Nettleman”) filed a Response in Oppositi...
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 6, 2017 No. 14-60888 ...
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DECISION AND ORDER Plaintiff, Allen Israel, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), brought this action against a number of DOCCS employees, alleging that they violated his rights under the United States Constitution in a number of respects. *239On Septem...
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Order Sustaining the Government’s Objections and Reversing in Part and Remanding the Magistrate Judge’s Order [ECF Nos. 127, 128, 129, 182, 183] Ramon Desage stands charged with conspiracy to defraud the United States (1 count), wire fraud (18 counts), money laundering (27 counts), and income tax evasion (4 counts), all stemming from Desage’s alleged investment-fraud scheme and related tax fraud....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Rule Made Absolute delivered the Opinion of the Court. ¶1 In this original proceeding, we consider whether the Boulder County District Court erred in ordering petitioner International Association of Certified Home Inspectora (“In-terNACHI”) to produce a wide range of business records that may relate to a pending dissolution of marriage proceeding between respondent Lisa Dawn Gromicko (“Wife”) and ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BETTY YEE, Controller, State of California, Plaintiff, v. Civil Action No. 16-490 (RDM) SALLY JEWELL, Secretary, United States Department of the Interior, Defendant. ...
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MEMORANDUM OPINION This matter is before the Court on Defendant Eduardo Francis Maz’s DEFENDANT’S MOTION TO DISMISS FOR LACK OF VENUE (“Def. Mot.”), ECF No. 12. For the reasons set forth below, the Defendant’s Motion will be granted in part and denied in part. BACKGROUND On November 3, 2015, a grand jury for the Eastern District of Virginia returned a *846one-count indictment against the Defendant...
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MEMORANDUM OPINION Plaintiffs Benjamin R. Mitchell, II (“Mitchell”), Scott A. O’Bier (“O’Bier”), and Victor T. Letonoff (“Letonoff’ and, with Mitchell and O’Bier, “Plaintiffs”) filed this action against Defendants Samuel R. Cooper (“Cooper”), Keith W. Banks (“Banks”), and the City of Rehoboth Beach (the “City” and, with Cooper and Banks, “Defendants”), alleging, among other things, violations of ...
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MEMORANDUM OPINION Per the amended complaint (D.I. 22), defendant Tracy Coats is a former partner of plaintiffs Carl Le Souef and Dr. Pravan-su Mohanty.1 (D.I. 22 at ¶¶ 28, 49). While acting as partners, they used plaintiff Hydrogen Master Rights, Ltd. (“HMR”) as an acquisition vehicle to purchase certain *325hydrogen technology (the “Hydrogen Technology”) from defendants Paul David Manos, Signif...
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Certification of question by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of the Rules of Practice of the Court of Appeals (22 NYCRR 500.27), accepted and the issues presented are to be considered after briefing and argument. Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur....
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1st Dept: 142 AD3d 69; 2016 NY Slip Op 88844(U) denied...
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution....
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Motion for leave to appeal granted. Motion for a stay denied....
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3d Dept: 143 AD3d 1039 denied...
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On the Court’s own motion, appeal, insofar as taken from that portion of the Appellate Division order that affirmed so much of Supreme Court’s order as denied the motion for renewal and/or vacatur, dismissed, without costs, upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; appeal otherwise dismissed, without costs, upon the...
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Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic....
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Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic....
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*1131Motion, insofar as it seeks leave to appeal from those portions of the Appellate Division order as resolved the appeals from those parts of the orders of Supreme Court as denied motions for reargument or renewal, dismissed upon the ground that those portions of the order do not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SHMUEL ELIMELECH BRAUN, et al., Plaintiffs, Civil Action No. 15-cv-1136 (BAH) v. Chief Judge Beryl A. Howell ISLAMIC REP...
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No. 16-1056C Filed: January 6, 2017 FILED ****** ** * * ********* * JAN - 6 2017 COLLINS 0. NYABWA, * * U.S. COURT OF ...
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ORDER Plaintiff Elizabeth Shank alleges that, while she was a student at defendant Carleton College (“Carleton”), she was raped by fellow students on two occasions. In this action, she brings various statutory and common-law claims against Carleton, including a claim under the Education Amendments of 1972 (“Title IX”), 20 U.S.C. § 1681 et seq. Carleton now moves to dismiss Shank’s amended complai...
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ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION The United States Fish and Wildlife Service operates the Leavenworth Nation*1154al Fish Hatchery (the Hatchery) located on Icicle Creek near the city of Leavenworth, Washington. The Hatchery discharges certain effluent into Ici...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Application for stay of the order of the United States District Court for the Middle District of North Carolina, case No. 1:15-CV-399, entered on November 29, 2016, presented to THE CHIEF JUSTICE and by him referred to the Court is granted, pending the timely filing of a statement as to jurisdiction. Should such statement be timely filed, this order shall remain in effect pending this Court's acti...
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MEMORANDUM OPINION AND ORDER C.J. Williams, United States Magistrate Judge, Northern District of Iowa Table of Contents I. INTRODUCTION.. .1079 II. PROCEDURAL HISTORY... 1079 III. UNDISPUTED FACTS... 1080 IV. SUMMARY JUDGMENT STANDARDS... 1086 V. EXCESSIVE USE OF FORCE STANDARDS.. .1086 VI. EXCESSIVE USE OF FORCE ANDTASERS... 1088 VII. QUALIFIED IMMUNITY... 1089 VIII. DISCUSSION... 1090 A. Whether...
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01/09/2017 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 16, 2016 Session CRYSTAL BLACKWELL, AS NEXT FRIEND TO JACOB BLACKWELL, A MINOR v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC. Appeal from the C...
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Before the court is an action brought under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq., by Plaintiff-Appellant A.M., on behalf of herself and her autistic son, E.H., against Defendant-Appellee the New York City Department of Education (“DOE”). In May 2012, the DOE convened a meeting of the local Committee on Special Education (“CSE”) for the purpose of form...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 15-3435 _____________ RUDOLPH A. KARLO; MARK K. MCLURE; WILLIAM S. CUNNINGHAM; JEFFREY MARIETTI; DAVID MEIXELSBERGER, Appellants v. PITTSBU...
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Case: 16-40222 Document: 00513826679 Page: 1 Date Filed: 01/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40...
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DAUGHTREY, J., delivered the opinion in which BATCHELDER, J., joined in the result. BATCHELDER, J. (pp. 741-45), delivered a separate opinion concurring in the judgment. ROGERS, J. (pp. 745-56), delivered a separate dissenting opinion. OPINION This case is before us for a second time, following an order of remand in United States v. DTE Energy Co. (DTE I), 711 F.3d 643 (6th Cir. 2013). As we noted...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3739 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3787 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PURE WAFER INCORPORATED, a No. 14-15940 Delaware corporation, successor in interest to Exsil, Inc., a Delaware D.C. No. corporation, 3:13-cv-08236- Plaintiff-counter-defendant- JAT Appellee, ...
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ORDER DENYING DEFENDANT RECKITT BENCKISER LLC’S MOTION TO DISMISS I. INTRODUCTION Plaintiff Marilyn Cochoit brings this putative consumer protection class action against Defendants Schiff Nutrition International, Inc., Schiff Nutrition Group, Inc., Ganeden Biotech, Inc., and Reckitt Benck-iser LLC for various causes of action arising out of allegedly false and misleading advertisements about “Dig...
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CASE MANAGEMENT ORDER NO. 99 This Order relates to the cases listed in Appendix 1 Before the Court is Defendant’s Omnibus Motion for Summary Judgment, (Dkt. No. 1564).1 For the reasons stated below, the motion is GRANTED IN PART.2 I, Background A. Procedural History On February 18, 2014, the Judicial Panel on Multidistrict Ligation created this MDL, centralizing cases where female plaintiffs “all...
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FILED Jan 09 2017, 8:23 am [1] CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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Order Kimberly Foster (Mother) appeals the trial court’s denial of her motion to modify the parenting plan between herself and Mathew Foster (Father), as well as the grant of Father’s motion to modify, which gave him sole physical and legal custody of the couple’s daughter and adopted his proposed parenting plan. Finding no error, we affirm. Rule 84.16(b)....
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ORDER BBMB, Inc. appeals from the decision of the Labor and Industrial Relations Commission determining that several workers performed services for wages in employment by BBMB within the meaning of those terms in sections 288.034, RSMo Cum. Supp. 2013, and 288.036, RSMo Non-cum. Supp. 2015. BBMB contends that the Commission’s decision was not supported by the facts found by the Commission and/or t...
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ORDER Jaye Thomas was injured in an automobile accident with Thomas Pratt. At the time of the accident, Pratt was acting in the course and scope of his employment for Liberty Hardwoods, Inc. Thomas sued Pratt and Liberty Hardwoods for injuries he sustained in the accident. Following a jury trial, the circuit court entered judgment in Thomas’ favor. Pratt and Liberty Hardwoods appeal, contending th...
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ORDER Following a jury trial, Joseph Johnson was convicted in the Circuit Court of De-Kalb County of possession of a controlled substance and conspiracy to distribute a controlled substance. Johnson appeals. He *414challenges his conspiracy conviction, arguing that the evidence was insufficient to prove that he entered into an agreement with another person to distribute a controlled substance. We ...
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ORDER Animal Clinic of Kendallwood, LLC and Dr. Randall Lary, its owner and operator, (collectively Defendants) appeal from the trial court’s judgment on the jury verdicts in favor of Jill Curley for both actual and punitive damages in Curley’s suit for sexual harassment under the Missouri Human Rights Act. Defendants’ points on appeal challenge the trial court’s exclusion of evidence. Because a p...
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ORDER Robert H. Rogers (“Rogers”) was charged with first-degree rape, section 566.030, and first-degree assault, section *415565.050. After a trial by jury, he was acquitted of the first-degree rape charge and found guilty of first-degree assault. In his sole point on appeal, Rogers alleges that the trial court’s pre-trial ruling to exclude evidence that the victim had previously engaged in self-h...
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ORDER Jermaine A. Lane appeals his conviction for the class B felony of voluntary manslaughter under Missouri Revised Statutes Section 565.023 following a jury trial in Jackson County, Missouri. Lane asserts that the trial court committed reversible error relating to the admission of evidence during the course of trial. Because a published opinion would have no precedential value, a memorandum of ...
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In the Missouri Court of Appeals Western District  STATE OF MISSOURI,   WD78998 R...
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Opinion issued January 10, 2017 In The Court of Appeals For The First District of Texas –––––––––––– NO. 01-15-00960-CR ––––––––––– WILLIAM PORTER, Appellant ...
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In the United States Court of Federal Claims No. 16-259C (Filed: January 10, 2017) ************************************* HEALTH REPUBLIC INSURANCE * Section 1342 of the Patient Protection and COMPANY, * Affordable Care Act, 42 U.S.C. § 18062...
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Cert.dism....
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*393MEMORANDUM The instant action arises out of Plaintiffs allegations that his free speech rights under the First and Fourteenth Amendments were violated when Defendants disciplined him for his out-of-school social media post. Presently before the Court are Plaintiff A.N.’s Emergency Motion for Preliminary Injunction (Doc. 2), requesting that the Court, among other things, require Defendants to ...
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MEMORANDUM I. INTRODUCTION In this diversity action, an injured driver, plaintiff T. Patrick Davis, brings claims *387against his automobile insurer, defendant Nationwide Mutual Insurance Company. He asserts a breach of contract claim and a bad faith claim under Pennsylvania law. The defendant filed a motion to dismiss the bad faith claim pursuant to Federal Rule of Civil Procedure 12(b)(6). I wi...
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FILED United States Court of Appeals Tenth Circuit PUBLISH January 10, 2017 UNITED STATES COURT OF APPEALS ...
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OPINION AND ORDER This matter is before the Court on Defendant Autoliv Japan, Ltd.’s (“Autoliv”) Motion for Summary Judgment [224]. I. BACKGROUND A. Facts 1. Background This product liability action arises from the April 12, 2013, death of Micah Lee Andrews. Mr. Andrews died when his 2005 Mazda3 veered off Interstate 575 and collided with three trees. Plaintiff Jamie Lee Andrews (“Plaintiff’) con...
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FILED Jan 10 2017, 8:01 am CLERK Indiana Supreme Court Court of ...
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Jan 10 2017, 8:35 am court except for the purpose of establishing CLERK Indiana Supreme Court the defense of ...
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ORDER REVERSING AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS Now before the Court is plaintiffs appeal following the denial of disability insurance benefits (“DIB”) by the administrative law judge (“ALJ”). Docket No. 28. The Commissioner of Social Security has filed a cross-motion to affirm the denial of DIB. Docket No. 25. For the reasons stated below, the Court REVERSES the denial ...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO DISQUALIFY COUNSEL I. INTRODUCTION This is a defamation case in which Plaintiff alleges third-party subpoena recipient Jane S. Gari (Gari) posted a story (the Story) on her website wrongfully accusing Plaintiff of raping Defendant Jane Doe a/k/a “Susan” (Susan). The Court has jurisdiction over this matter under 28 U.S.C. § 1332. Pending be...
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*58ORDER Without objection, the Court hereby ADOPTS the Report and Recommendation of Magistrate Judge Harvey. Defendant’s use of medical marijuana is a violation of federal law. Defendants under federal supervision are prohibited *59from using medical marijuana even if that use is in compliance with D.C; law or the law of any other state. The Court agrees, however, that in this case the defendant’...
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0018n.06 Case No. 15-2445 FILED UNITED STATES COURT OF APPEALS Jan 10, 2017 FOR THE ...
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MEMORANDUM DECISION AND ORDER Plaintiffs are six individuals who lived or worked in Salt Lake City during the 2002 Salt Lake Winter Olympic Games. They contend Defendant National Security Agency, acting at the direction of former President George W. Bush and former Vice President Dick Cheney, illegally engaged in a sweeping warrantless surveillance program during those Games.1 As *1274part of tha...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2691 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MELVIN R. THOMAS, also known as MELVIN R. THOMPSON, Defen...
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Robledo-Soto, the petitioner, a Mexican citizen facing removal (deportation) to Mexico, sought to postpone his removal proceeding so that he could expunge a drunk-driving conviction and if he succeeded in doing that try to persuade the Department of Homeland Security to drop its efforts to seek his removal. The Department’s Immigration and Customs Enforcement division (ICE) prosecutes removal case...
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*455CASE MANAGEMENT ORDER NO. 100 This Order relates to the cases listed in Appendix 1 Before the Court is Defendant’s Omnibus Motion for Summary Judgment, (Dkt. *456No. 1564).1 For the reasons stated below, the motion is GRANTED IN PART.2 I. Background A. Procedural History On February 18, 2014, the Judicial Panel on Multidistrict Ligation created this MDL, centralizing cases where female plaint...
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DECISION AND ORDER Plaintiff Jessie McIntyre brought this action pro se in June 2016, asserting claims under 42 U.S.C. § 1983 against the City of Rochester (“City”) and two “John Doe” defendants. After the City moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. # 5), plaintiff, through newly-retained counsel, filed an amended complaint (Dkt. # 8)...
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DECISION AND ORDER Plaintiff, Antonio Arena, appearing pro se, commenced this action under 42 U.S.C. § 1983. In his form complaint, plaintiff names three defendants: Irondequoit Police Department (“IPD”), Mark Bean, and “Frank Alo & Ferm” [sic]. The Court granted plaintiff in forma pauperis status, and service has been effected on IPD and Bean. The summons issued for “Frank Alo & Ferm” was return...
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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OPINION AND ORDER This matter comes before the Court on defendant’s Motion to Dismiss Plaintiffs’ First Amended Complaint (Doc. # 14) filed on October 25, 2016. Plaintiffs Victor L. Miller and Vilma M. Miller filed a response in opposition (Doc. #22) on November 30, 2016. For the reasons set forth below, the motion is granted with leave to amend. I. On August 11, 2016, plaintiffs, proceeding pro ...
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ORDER OF COURT The various groups of plaintiffs have collectively filed three petitions for panel rehearing and two for rehearing en banc, raising various objections to the panel opinion. This order deals primarily with the petitions for panel rehearing. None of them has merit. End-Payor Class’s Petition The End-Payor Class, seeking only panel rehearing, argues that we must remand the case with re...
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ORDER This cause is before the Court on the following: 1. Defendant’s Motion to Dismiss Counts II-VII of Plaintiffs Complaint with Prejudice (Doc. 19), filed August 1, 2016; and 2. Plaintiffs Opposition to Defendant Caliber Home Loans, Inc.’s Motion to Dismiss Complaint and Supporting Memorandum of Law (Doc. 21), filed August 15, 2016. BACKGROUND On June 7, 2016, Plaintiff Denise Garrison initiat...
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Reversed and remanded by published opinion. Judge THACKER wrote the opinion, in which Judge FLOYD joined. Judge TRAXLER wrote a dissenting opinion. Brilliant Semenova (“Appellant”) sued the Maryland Transit Administration (“Ap-pellee”) pursuant to the Americans with Disabilities Act (“ADA”), alleging disability discrimination in its provision of public services. The ADA does not include a statute...
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The following order has been entered on the motion filed on the 9th of January 2017 by Petitioner for Temporary Stay:"Motion Allowed by order of the Court in conference, this the 10th of January 2017."...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 3rd of January 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 6th of January 2017."*804Defendant shall have up to and including the 16th day of February 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 5th of January 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 6th of January 2017."Defendant shall have up to and including the 31st day of January 2017 to file and serve his/her reply brief with this Court....
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OPINION Health-care liability claimants assert the trial court erred in dismissing their claims based on insufficiency of the expert report under Texas Civil Practice and Remedies Code section 74.351. In particular, the claimants assert that the hospital waived its objections to the sufficiency of the report by failing to file them timely. Concluding the hospital did not waive its objections, we ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) DONALD KAY HAM, ) ) Plaintiff, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LUIS DE SOUSA, Plaintiff v. Civil Action No. 16-367 (BAH) EMBASSY OF THE REPUBLIC OF Chief Judge Beryl A. Howell ANGOLA, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GERALD HENNEGHAN, et al., Plaintiffs, v. Civil Action No. 16-569 (JEB) MURIEL E. BOWSER, et al., Defendants. MEMORANDUM OPINION On March 25, 2016, Plain...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KEITH LAVERPOOL, Plaintiff v. Civil Action No. 16-690 (CKK) TAYLOR BEAN & WHITAKER REO LLC, et al., Defendants MEMORANDUM OPINION ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) JOHNNY RAY CHANDLER, ) ) Plaintiff, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) JOHNNY RAY CHANDLER, ) ) Plaintiff, ) ) v. ) C...
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OPINION This is the third Opinion in Plaintiffs insurance coverage case. Plaintiffs Amended Complaint, ECF No. 37, contains two counts: one for breach of contract and one for bad faith denial of insurance coverage. Previously, the Court denied Plaintiffs Motion for Joinder of an Additional Defendant, ECF No. 35, Wehrenberg v. Metro. Prop. & Cas. Ins. Co., No. 2:14-CV-01477, 2015 WL 1643043 (W.D. ...
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MEMORANDUM AND ORDER Plaintiff Mikhail Babayev (“Plaintiff’) brings this torts action against defendant Medtronic, Inc. (“Defendant” or “Medtronic”), seeking to recover damages for a hip fracture he allegedly sustained as a result of an electric shock he received following the implantation of a neurostimulator manufactured by Defendant. Defendant now moves for summary judgment, principally arguin...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ...
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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (King, J.), dated March 8, 2011, which granted the defendant’s oral motion pursuant to CPLR 4401, made at the close of the plaintiff’s case, for judgment as a matter of law dismissing the complaint. Ordered that on the Court’s own motion, the notice of appeal is dee...
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*246OPINION AND ORDER In 2014, Plaintiffs Alstom and Alstom Transport Holdings B.V. (collectively, “Al-stom”) agreed to purchase a rail-signaling business from Defendant General Electric Company (“GE”) for $800 million, subject to a post-closing purchase price adjustment process. The ultimate question in this case, teed up by cross-motions for summary judgment and cross-motions to compel arbitrat...
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OPINION Opinion by: This appeal arises out of a personal-injury negligence suit brought by the surviving children of Mary L. Turner, who was killed in an accident when she was struck by an 18-wheeler tractor-trailer driven by James Lundry, an employee of JBS Carriers, Inc. (“JBS”). At trial, the jury determined that Lundry’s negligent conduct was 50% responsible for the accident; JBS’s negligent ...
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MEMORANDUM & ORDER Defendant Melvin McGregor (“defendant”) pled guilty in May, 2009, to one count of felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Defendant was originally sentenced as armed career criminal to 188 months incarceration followed by three years of supervised release. In June, 2016, defendant petitioned to vacate his sentence pursuant to 28 U...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DISMISSING COUNTERCLAIMS Before the Court is Plaintiff Burlington Insurance Company’s (Burlington) Motion for Summary Judgment, ECF No. 20, and Motion to Dismiss Defendants’ Counterclaims for Bad Faith, ECF No. 30: For the following reasons, Plaintiffs motions are granted. FACTS AND PROCEDURAL POSTURE Blind Squirrel is a limited liability...
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Application for stay of execution of sentence of death presented to Justice THOMAS and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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OPINION These appeals concern the conservator-ship of a child, Adam, who has been embroiled in custody litigation for most of his life.1 This is Adam’s second trip to the court of appeals. The first appellate proceeding arose from the termination of Adam’s parents’ parental rights. Both his mother, T.H. (“Mother”), and his father, L.M. (“Father”), appealed the termination to this court. While the...
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OPINION AND ORDER This matter is before the Court on Plaintiff Seattle Times Company’s (“Times”) September 8, 2016 Motion to Enforce August 15, 2016 Order [Docket # 7] pertaining to the Honorable Victoria A. Roberts’ order requiring Respondent Hoyt Corporation (“Hoyt”) to comply with the Times’ Subpoena. See Docket # 6. The case has been referred for hearing and determination under 28 U.S.C. § 63...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, ex rel. ROBERT R. PURCELL, Plaintiffs, v. Civil Action No. 98-2088 (GK) MWI CORPORATION, Defendant. ...
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Case: 14-15725 Date Filed: 01/11/2017 Page: 1 of 17 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-15725 ...
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John Baugh fell off a ladder while replacing gutter screws and suffered a traumatic brain injury. He sued the ladder’s manufacturer, Cuprum, alleging that the ladder had unexpectedly collapsed and caused him to fall because it had been defectively designed. At the conclusion of trial, a jury, finding in Baugh’s favor, awarded him over $11 million in damages. Following the verdict, Cuprum filed a m...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2206 STEPHEN H. PERRON and the UNITED STATES BANKRUPTCY TRUSTEE FOR THE SOUTHERN DISTRICT OF INDIANA on behalf of CHRISTINE M. JACKSON, Plaintiffs-Appellants, ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3292 ___________________________ Pharmaceutical Care Management Association lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3324 ___________________________ Jerry's Enterprises, Inc. lllllllllllllllllllll Plaintiff - Appellant ...
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Affirmed Concurs Concurs...
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FILED Jan 11 2017, 6:09 am CLERK Indiana Supreme Court Court of Appeals ...
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ATTORNEYS FOR PETITIONER: ATTORNEYS FOR RESPONDENT: DONALD F. FOLEY CURTIS T. HILL, JR. TONY H. ABBOTT ATTORNEY GENERAL OF INDIANA FOLEY & ABBOTT EVAN W. BARTEL Indianapolis, IN DEPUTY ATTORNEY GENERAL ...
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hThe defendant, Veronica Jackson, was indicted on the charge of second degree murder, a violation of LSA-R.S. 14.30.1. Pursuant to a plea agreement, the defendant pled guilty to the responsive verdict of manslaughter, LSA-R.S. 14:31, with a sentence of at least 20 years and the possibility of the statutory maximum sentence of 40 years. The district court sentenced defendant to serve the maximum 40...
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hln this workers’ compensation case, the employer, the Town of Grambling, refused to pay for the claimant’s recommended surgery. The workers’ compensation judge (“WCJ”) rendered judgment in favor of the claimant, ordering the Town of Gram-bling to pay for the claimant’s surgery. For the following reasons, we affirm. FACTS The claimant, Darren Crawford, was employed as a sanitation worker for the T...
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11Defendants Hunter Estates, Inc., and 26 other persons or “their unopened successions” appeal the award of $50,037.21 in expenses and attorney fees to Intervenor John Hoychick, who represented them in a suit for partition by licitation. For the following reasons, the judgment of the trial court awarding attorney fees is affirmed. Intervenor’s request for attorney fees for frivolous appeal under L...
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*637ORDER Michael B. Falkin appeals the judgment denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. We find that the motion court’s findings of fact and conclusions of law are not clearly erroneous. No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. Th...
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ORDER Arthur N. Welch appeals the judgment entered on a jury verdict convicting him of one count of possession of a controlled substance and one count of possession of drug paraphernalia. We find no error has occurred. No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the ...
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ORDER Sandra M. Dallas (Defendant) appeals from the judgment upon her convictions following a jury trial for three counts of distribution of a controlled substance (in violation of Section 195.211) and one count of involuntary manslaughter in the first degree (Section 565.024). The trial court sentenced Defendant to three consecutive 15-year terms on her distribution convictions, and to a consecut...
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This appeal involves a suit for pension benefits that George Vendura brings against Northrop Grumman Corp. (“Northrop”) and a number of related entities and individuals. 1 The key point of conten *479 tion concerns the number of “years of benefit service” that should be credited to Vendura in calculating his pension benefits under his pension plan. We affirm the judgment...
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Preface Errol Holloway appeals the grant of summary judgment to the United States in this action under the Federal Tort Claims Act (“FTCA”). Spying no reversible error, we affirm. How the Case Got Here 1 We reconstruct the chronology of events giving rise to this litigation: • June 22, 2012. Holloway is injured while receiving treatment at Caring Health Center...
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The district court dismissed without prejudice, for lack of Article III standing, this pre-enforcement challenge to a New Hampshire statute that has not been activated or enforced since its enactment in mid-2014. We agree that the challenge is not ripe and that there is no present Article III case or controversy before the court. We affirm the dismissal without prejudice. The statute in qu...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0007p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ ARDELLA PATTERSON, ┐...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0008p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ PREFERRED CARE OF DELAWARE, INC.; PREFERRED ...
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ORDER ON SUMMARY JUDGMENT I, INTRODUCTION THIS MATTER is before the Court on cross motions for summary judgment. Plaintiffs’ Motion for Summary Judgment, filed on March 25, 2016, seeks judgment as to Count I of the Fifth Amended Complaint for. violations of. the Colorado Consumer Protection Act [“CCPA”] on behalf of Plaintiff. Dr. Allen Friedman [“Friedman”] and Plaintiff-Intervenors Paul R. Peav...
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Belated App. den....
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Aff. Cir, Ct. (Duval)...
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Aff. Cir. Ct. (Alachua)...
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Aff. Cir. Ct. (Duval)...
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Aff. Cir. Ct. (Okaloosa)...
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Aff. Cir. Ct. (Leon)...
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Aff. Cir. Ct. (Escambia)...
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Pet.dism....
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Aff. Cir. Ct. (Calhoun)...
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Aff. Cir. Ct. (Duval)...
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Aff. Cir. Ct. (Pinellas)...
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Aff. Cir. Ct. (Pasco)...
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Aff. Cir. Ct. (Polk)...
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Den. Cir. Ct. (Collier)...
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Aff. Cir. Ct. (Monroe)...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Affirmed...
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Affirmed...
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Affirmed...
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Sentence Vacated and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Writ Annulled...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Sentence Vacated in part; Remanded for Resentencing...
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Affirmed...
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Affirmed...
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Affirmed on both Appeals...
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Affirmed...
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Affirmed on both Appeals...
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MEMORANDUM AND ORDER Pending before the Court are motions to intervene by Natasha Johnson and Katiara Harper. (ECF Nos. 36 & 37.) Plaintiff opposes the motions in their entirety (ECF Nos. 43 & 44), and Defendants oppose the motions in part (ECF No. 42), as explained infra. No hearing is required. Local Rule 106.6 (D. Md. 2016). Movants indicate they resided in properties owned or operated by Defe...
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OPINION I. INTRODUCTION On January 26, 2016, Defendant Renee Tartaglione was charged with various offenses stemming from her alleged involvement in a purported scheme to defraud the Government. (Doc. No. 3.) It is alleged that Defendant defrauded the Government by charging excessive rent to Juniata Community Mental Health Clinic (“JCMHC” or “the Clinic”). It is also alleged that Defendant caused J...
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OPINION I. INTRODUCTION On January 26, 2016, the Government filed a fifty-three count Superseding Indictment charging Defendant Renee Tar-taglione with various offenses, including Theft from a Health Care Benefit Program, in violation of 18 U.S.C. § 669 (Counts 12-37), Theft from a Program Receiving Federal Funds in Excess of $10,000, in violation of 18 U.S.C. § 666 (Counts 38-49), Mail Fraud, in ...
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MEMORANDUM David Robinson claims that his former employer, Mondelez International, terminated his employment because of his age. Mondelez now seeks summary judgment in its favor, arguing that it had a legitimate, non-discriminatory reason to terminate Mr. Robinson’s employment, given his less-than-stellar track record. Mr. Robinson counters that his job performance was good and that there were yo...
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MEMORANDUM When a female detective complains about specific sexual assaults and harassment creating a hostile work environment involving certain officers, the police department must recognize, like any employer, its obligation to comprehensively and impartially address and evaluate appropriate remedies. The female detective advised the department of specific credible claims of harassment and sexu...
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AMENDED MEMORANDUM OPINION AND ORDER *** The Court hereby issues an amended Memorandum Opinion pursuant to Rule 59(e) and 60(a) of the Federal Rules of Civil Procedure. *** This matter is before the Court upon a Motion for Summary Judgment filed by Plaintiffs, Michelle and' Rami Daraghma (“Plaintiffs”). (ECF #30). Defendants, U.S. Citizenship and Immigration Services, (“USCIS”); Leon Rodriquez, D...
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In the Missouri Court of Appeals Eastern District DIVISION THREE`, CITY OF OLIVETTE, MISSOURI, et al., ) No. ED104432 ) Respondents, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Hon. Robert S. Cohen ST. LOUIS COUNTY, MISSOURI, et al., ) ) FILED: Appeilants. ) January 10, 2017 St. Louis County and Steve Stenger, County Executive, (coilectively "the County") appeal from the sum...
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The following order has been entered on the motion filed on the 6th of January 2017 by Defendant for Temporary Stay:"Motion Denied by order of the Court in conference, this the 10th of January 2017."...
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The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 9th of January 2017 by Petitioners:"Motion Allowed by order of the Court in conference, this the 10th of January 2017."Petitioners shall have up to and including the 24th day of January 2017 to file and serve his/her reply brief with this Court....
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The following order has been entered on the motion filed on the 9th of January 2017 by North Carolina Advocates for Justice for leave to file Amicus Curiae Brief:"Motion Allowed by order of the Court in conference, this the 10th of January 2017."Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i)....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 10th of January 2017 by State of NC:"Motion Allowed by order of the Court in conference, this the 10th of January 2017."Plaintiff-Appellant shall have up to and including the 18th day of January 2017 to file and serve his/her brief with this Court....
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MEMORANDUM OPINION This matter is before the Court on Defendant John Foster-Bey’s Motion to Dismiss [Dkt. 49]. Defendant’s Motion rests largely upon a single argument: that the Trustee of an Employee Stock Ownership Plan cannot, as a matter of law, violate ERISA by voting stock held by the Plan in a self-interested manner. For the reasons that follow, the Court rejects that argument and will deny...
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Mother and father appeal from a judgment terminating their parental rights to their child, L, in a case that is governed by the Indian Child Welfare Act (ICWA), 25 USC §§ 1901-1963. On de novo review, ORS 19.415(3)(a), we affirm the judgment of termination. I. BACKGROUND The juvenile court entered a judgment of jurisdiction shortly after the birth of L, parents’ second child, based on parents’ adm...
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ORDER This case comes before the Court on Counterclaim Defendants 3D Medical Imaging Systems, LLC,1 MedFlex, LLC, and Maurice Bailey’s Motion for Partial Summary Judgment [67] and Defendants Visage Imaging, Inc. and Pro Medicus Limited’s Cross-Motion for Partial Summary Judgment [72]. After reviewing the record, the Court enters the following Order. Background This is a patent case. The patent in...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 2 OCTOBER TERM, A.D. 2016 January 11, 2017 IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO KGS, a Minor Child: RGS, Appellant (Respondent), ...
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OPINION AND ORDER This matter comes before the Court on Defendants Town of Merrillville, Officer Allison Ellis, and Officer Timothy Finnerty’s Motion for Summary Judgment [ECF No. 60] and Motion to Bar Opinions and Testimony [ECF No. 62]. The Plaintiffs, David Marshall, III, and LaMisa Marshall, filed a state court Complaint [ECF No. 1] on January 23, 2014, alleging claims under 42 U.S.C. § 1983 ...
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MEMORANDUM AND ORDER This matter is before the Court on the parties’ cross-motions for summary judgment. Also before the Court are the plaintiffs’ motion to supplement their motion for summary judgment and the defendant’s opposition. All issues are fully briefed. I. Background At all relevant times, plaintiffs Emily Rice and Charlynda Snodgrass were insured under identical policies of automobile ...
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OPINION AND ORDER I. Relevant Case History On October 13, 2016, the Government filed a Superseding Indictment alleging fifteen total counts of threatening, soliciting a crime of violence, and publishing the personal information of U.S. military personnel, in violation of 18 U.S.C. §§ 875(c) and 2 (i.e., counts 1, 4, 7, 10, and 13), 18 U.S.C. §§ 373(a) and 2 (i.e., counts 2, 5, 8, II, and 14), and...
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MEMORANDUM AND ORDER On August 1, 2016, plaintiff Capstan AG Systems, Inc. filed a Complaint, alleging that defendants Raven Industries, Inc. and CNH Industrial America, LLC (collectively “defendants”) have infringed on two of plaintiffs patents. Doc. 1. On August 23, 2016, defendants filed a Motion to Dismiss (Doc. 18). In their Motion, defendants assert that the court should dismiss the Complai...
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ORDER RE SUMMARY JUDGMENT Kathryn Otico was accepted into a training program to become a customer service representative for Hawaiian Airlines. The program, which took place at Oakland International Airport, lasted ten days. It consisted almost exclusively of classroom work and tours of the facilities. Employees of the company taught Otico about FAA regulations, the computer system, and the way t...
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ORDER DENYING MOTION TO SUPPRESS Douglas Aviles has moved to suppress evidence from a search conducted pursuant to a probation condition that authorized law enforcement officers to search his residence without suspicion. Because the search condition was valid, and because the search was not otherwise unreasonable, the motion to suppress is denied. I. Prior to 2015, Aviles was convicted of fourteen...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) NIKA DORSEY, et al., ) ) Plaintiffs, ) ) v. ) Case No. 15-cv-1462 (...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) STEWART DOWELL, ) ) Plaintiff, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) Chelsea Manning, ) ) Plaintiff, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) RAFIQ ROBINSON, ) ) Plaintiff, ) ) v. ...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS The Plaintiff, Jane C. Forrester Winne, has filed a class action complaint seeking damages and injunctive relief, brought, she asserts, on behalf of “vulnerable Maine students who are being unlawfully pursued on alleged private student loan debts they do not owe, were fraudulently procured, or both.” ECF No. 3 at 2. Her individual claims arise out of attemp...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4252 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON TATE, Defendant – Appellant. Appeal from the United States District Court for the Western District of North Car...
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MEMORANDUM AND ORDER A district court may refer a pending dispositive motion to a magistrate judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b); Loe. R. 72(a). Any party may file written objections to the report and recommendation within fourteen days of being served with the magistrate judge’s report. 28 U.S.C. § 636(b)(1); Loe. R. 72(d). A party that file...
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ORDER ON DEFENDANT’S MOTION TO DISMISS AND MOTION TO STAY THIS CAUSE is before the Court upon Defendant M3 USA Corporation’s (“Defendant”) Motion to Dismiss Second Amended Class Action Complaint, ECF No. [46] (“Motion to Dismiss”). Defendant also filed a Motion to Stay Discovery, ECF No. [48] (“Motion to Stay”), pending the Court’s resolution of the Motion to Dismiss. The Court has reviewed the M...
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In the United States Court of Appeals For the Seventh Circuit No. 16-1155 SCOTT ALLIN, Plaintiff-Appellee, v. CITY OF SPRINGFIELD, et al., Defendants-Appellants. Appeal from the United States District ...
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Opinion and Order Pending before the Court is Defendant’s motion for summary judgment. Because the elements necessary to support Plain*121tiffs claims are supported only with inadmissible hearsay and conelusory allegations included in her affidavit, the motion is granted. I. Factual and Procedural Background At forty-six years of age, Martina Rivera started working for Medina & Medina, Inc. (Defe...
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OPINION & ORDER Plaintiff Lisa Lee has sued defendant Air Canada, seeking damages for injuries allegedly received on board a flight operated by defendant. Lee alleges that she was injured when a piece of luggage that a fellow passenger was attempting to place into an overhead compartment above plaintiffs seat fell and hit her on the head. This claim is governed by the Montreal Convention, which a...
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Pet.den....
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Aff. Cir. Ct. (Duval)...
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Pet. den....
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OPINION & ORDER Plaintiffs Andrew J. Pope and Joshua Rave are window cleaners who filed a proposed collective action alleging that their former employers paid them using a commission-based method of employee compensation that failed to pay them minimum wage and overtime pay, in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19, and Wisconsin wage and hour laws. Dkt. 14. Plaint...
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Aff. Cir. Ct. (Duval)...
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Aff. Cir. Ct. (Duval)...
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Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Connecticut denied....
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Belated App. den....
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Aff. Cir. Ct. (Hamilton)...
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Proh.den....
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Dism. Cir. Ct. (Duval)...
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Proh.den....
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Aff. Cir. Ct. (Leon)...
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Aff. Cir. Ct. (Alachua)...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Reversed and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Reversed and Remanded for Dismissal...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Affirmed...
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Affirmed...
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Affirmed...
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Affirmed...
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Convictions Affirmed, Sentence Vacated, and Remanded...
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IN THE COURT OF APPEALS OF IOWA No. 16-0081 Filed January 11, 2017 FIRST AMERICAN BANK, Plaintiff-Appellant, vs. URBANDALE LASER WASH, L.L.C., WALNUT CREEK LASER WASH, L.L.C., and STEVEN GOLDEN, Defendants-Appellees. ________________________________________________________________ Appeal from th...
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Affirmed in part, Reversed in part, and Remanded...
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Reversed and Remanded...
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Affirmed...
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Affirmed...
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Affirmed...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Affirmed...
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Affirmed...
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Affirmed in part, Reversed in part, and Remanded...
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Affirmed...
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Petition for writ of certiorari to the Supreme Court of Arkansas denied....
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Affirmed...
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Reversed and Remanded...
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Affirmed on both Appeals...
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Affirmed...
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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us S...
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MEMORANDUM AND ORDER Nature of the Case Plaintiffs, Marianne Diaz (“Diaz”), individually and as mother and next friend of two minor children (individually (“Ml” and “M2” and collectively, the “minor children”), Bryant Alequin (“Alequin”) and Joshua Matos (“Matos”) have filed suit against the City of Worcester (“City”) and individual Defendants Sergeant James P. Devlin, Detective Nicholas E. Nason...
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OPINION AND ORDER Now before the Court is plaintiffs Motion to Remand and Supporting Brief (Dkt. # 19). Plaintiff asserts that, under 28 U.S.C. § 1441(b), this case is not removable because defendant John Crelia is a citizen of Oklahoma, the state in which the suit was brought. Dkt. # 19, at 3. Defendant Zurich American Insurance Company (Zurich) responds that Crelia was a citizen of Arkansas at ...
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OPINION AND ORDER This matter comes before the Court on defendant MasterCard International Incorporated’s (defendant or MasterCard) Motion to Dismiss (Doc. #65) filed on November 10, 2016. Plaintiffs filed a response in opposition (Doc. # 72) and MasterCard replied (Doc. # 77). For the reasons set forth below, the motion is denied. I. This is a junk fax case. On September 26, 2016, plaintiffs fil...
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MEMORANDUM OPINION On June 6, 2016, Magistrate Judge G. Michael Harvey’s [15] Report and Recommendation was entered. The parties then had 14 days to file objections to the recommendations made by the Magistrate Judge. Fed. R. Civ. P. 59(b)(2). No objections have been filed as of this date. Upon careful consideration of the record in this case and of Magistrate Judge Harvey’s [15] Report and Recom...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS The Grand Jury returned an indictment charging the Defendants with conspiracy to commit a Hobbs Act robbery in violation of 18 U.S.C. § 1951(a) (Count One); Hobbs Act robbery in violation of 18 U.S.C. §§ 2, 1951(a) (Count Two); and brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. §§ 2, 924(e)(1)(A)(ii) (Count Three). (ECF...
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Aff. Cir. Ct. (Escambia)...
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Reversed...
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MEMORANDUM & ORDER This dispute arises out of alleged breaches of an employment agreement and a separation agreement between Covidien LP and Covidien Holding Inc. (“plaintiffs” or “Covidien”), on the one hand, and Brady Esch (“defendant”), Covidien’s former employee, on the other. Plaintiffs allege defendant breached those agreements by 1) assigning rights to three patents to his new company rath...
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Memorandum of Decision & Order On May 26, 2016, the Plaintiff Bette Kilpakis commenced this action against the Defendants JPMorgan Chase Financial Company, LLC; America’s Servicing Company (“ASC”); and Equifax, Inc., alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.; the Fair Debt Collection Practices Act *137("FDCPA”), 15 U.S.C. § 1692 et seq.; and the New Y...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 10th of January 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 10th of January 2017."Defendant shall have up to and including the 18th day of January 2017 to file and serve his/her brief with this Court....
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IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE October 5, 2016 Session JOSEPH BRENNAN, ET AL. v. BOARD OF PAROLE FOR THE STATE OF TENNESSEE Appeal by Permission from the Court of Appeals Chancery Court for Davidson County No. 131171I...
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MEMORANDUM AND ORDER REGARDING REPORT AND RECOMMENDATION RE: DEFENDANTS’ MOTION TO DISMISS (Dkt. Nos. 30 & 54) Plaintiff, a former student at Defendant Western New England University (“WNEU”)—proceeding under the pseudonym John Doe—has filed a twelve-count1 complaint against WNEU and eight university employees, seeking damages and equitable relief in connection with his two-year suspension for se...
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Motion by New York Civil Liberties Union et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days. Judge Garcia taking no part....
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Motion by Brennan Center for Justice at NYU School of Law et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days. Judge Garcia taking no part....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution....
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Motion by Global Liberty Insurance Company of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic....
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4th Dept: 145 AD3d 1 (Appeal No. 3); 143 AD3d 1265 (Appeal Nos. 1 and 2) denied...
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Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1070]....
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Case: 15-20084 Document: 00513830789 Page: 1 Date Filed: 01/11/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-20084 ...
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Case: 15-60183 Document: 00513831253 Page: 1 Date Filed: 01/11/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-60183 United States Court of Appeals Fifth Circuit ...
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MEMORANDUM ORDER In an October 27, 2016, ruling, the Court granted defendants’ request to proceed on an expedited basis with discovery limited to the issue of whether plaintiff transferred any property to the defendants (the “Property Transfer Issue”). Before the Court is plaintiff Wayne Sigmon’s motion for reconsideration of that ruling.1 I. BACKGROUND Wayne Sigmon, a trustee in bankruptcy, brou...
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MEMORANDUM OPINION Plaintiff Matthew Jones, who appears pro se, filed this action on November 4, 2015, against Dr. Khaled Mirza (improperly named as Dr. Khalid Mirza) and Dover Behavioral Health System (improperly named as Dover Behavioral Health Hospital). The original complaint was dismissed on August 8, 2016, and Plaintiff was given leave to amend only to the extent that he raise claims that a...
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MEMORANDUM & ORDER This ease involves a dispute about why plaintiff Scott Saunders (“plaintiff” or “Saunders”) was passed over for a' promotion in the Police Department of Hull, Massachusetts. Saunders alleges that defendants the Town of Hull and former Police Chief Richard K. Billings (“Billings” and, collectively with the Town of Hull, “defendants”) declined to promote him in retaliation for pr...
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ORDER The government moves in limine to admit testimony from two1 witnesses about customs and practices in the construction industry concerning “double-breasted” operations and “shop hours.” Docket Nos. 89, 90. The defendants move to exclude such testimony from the government’s witnesses. Docket No. 97. The government also moves to exclude such testimony from a witness2 for the defendants. Docket...
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[Cite as Disciplinary Counsel v. Edmondson, ___ Ohio St.3d ___, 2017-Ohio-67.] DISCIPLINARY COUNSEL v. EDMONDSON. [Cite as Disciplinary Counsel v. Edmondson, ___ Ohio St.3d ___, 2017-Ohio-67.] (No. 2016-1846–Submitted December 15, 2016–Decided January 11, 2017.) ON CERTIFIED ORDER of the Supreme Court of Kentucky,...
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Case: 15-15207 Date Filed: 01/12/2017 Page: 1 of 26 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15207 ________________________ D.C. Docket ...
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Jose Aberto Rivera, a 58-year-old citizen of El Salvador who has resided unlawfully in the United States for the last 35 years because he immigrated illegally and has never adjusted his status to that of a citizen or lawful permanent resident, petitions us for review of an order of the Board of Immigration Appeals upholding an immigration judge’s denial to Rivera of asylum, withholding of removal,...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3573 ___________________________ Barbara Williams lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1109 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellant ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FREDRIC A. GARDNER; No. 13-72699 ELIZABETH A. GARDNER, Petitioners-Appellants, Tax Ct. No. 12016-06 v. COMMISSIONER OF INTERNAL OPINION REVENUE...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE APPLE IPHONE ANTITRUST No. 14-15000 LITIGATION, D.C. No. 4:11-cv-06714-YGR ROBERT PEPPER; STEPHEN H. SCHWARTZ; EDWARD W. HAYTER; ERIC TERRELL, O...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES EX REL. DARRYN No. 14-56769 KELLY, Plaintiff-Appellant, D.C. No. 3:11-cv-02975- v. WQH-RBB SERCO, INC., a New Jersey Corporati...
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United States Court of Appeals for the Federal Circuit ______________________ ELI LILLY AND COMPANY, Plaintiff-Appellee v. TEVA PARENTERAL MEDICINES, INC., APP PHARMACEUTICALS LLC, PLIVA HRVATSKA D.O.O., TEVA PHARMACEUTICALS USA, INC., BARR LABORATORIES, INC., Defendants-Appella...
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United States Court of Appeals for the Federal Circuit ______________________ VICTORIA CALHOUN, Petitioner v. DEPARTMENT OF THE ARMY, Respondent ______________________ 2016-2220 ______________________ Petition for review of...
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FILED Jan 12 2017, 8:21 am CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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OPINION A jury convicted Appellant Teresa La-them of six counts of criminal solicitation of capital murder and assessed her punishment at fifty years’ confinement on each count. The trial court sentenced her accordingly.1 This case centers around the issue of self-representation. We reverse. I. BACKGROUND Appellant was indigent and in custody pending trial. The trial court appointed counsel to re...
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Opinion issued January 12, 2017 In The Court of Appeals For The First District of Texas –––––––––––– NO. 01-16-00239-CV ––––––––––– MICHAEL HOSPADALES AND LOOMIS ARMORED US, LLC, Appe...
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OPINION In this election contest, contestants/ap-pellees, Phillip Paul Bryant and James Scarborough, challenge a ballot measure concerning term limits for City of Houston elective offices. Following the November 3, 2015 election in which Houston voters approved a measure increasing term limits, Bryant filed this election contest, Scarborough intervened, and contestees/appel-lants, the City of Hou...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 2 IN THE SUPREME COURT OF THE STATE OF UTAH BANK OF AMERICA, Appellant, v. ...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 3 IN THE SUPREME COURT OF THE STATE OF UTAH MELVIN R. BROWN, Petitioner, ...
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ORDER This matter is before the Court on Petitioner Robert James Gadsen’s motion to vacate his sentence under 28 U.S.C. § 2255 (ECF No. 166). Gadsen challenges his de facto career-offender designation under the United States Sentencing Guidelines. The United States (the “Government”) has moved to stay proceedings on Gadsen’s § 2255 motion (ECF No. 169). Having thoroughly reviewed the parties’ brie...
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Aff. Cir. Ct. (Holmes)...
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Belated App. den....
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MEMORANDUM AND ORDER RE: MOTION TO DISMISS Plaintiff Betty Ravel filed this action against defendant Hewlett-Packard Enterprise, alleging that defendant discriminated against her on the basis of her disability in violation of the American with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”), (Notice of Removal Ex. A, First Am. Compl. (“FAC”) (Docket No. 1).) B...
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SUPPLEMENTAL OPINION AND ORDER The Court hereby supplements its ruling in its order granting Defendant’s motion to dismiss as to all official capacity claims to address Plaintiffs arguments in opposition. (Docket No. 24.) Plaintiff James Thomas Payne, appearing pro se, responded in opposition to Defendant’s Motion to Dismiss at Docket No. 22, arguing the Eleventh Amendment does not apply to the C...
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MEMORANDUM AND ORDER This matter is before the Court on Defendants’ Motion for Summary Judgment (Doc. 72) and Plaintiffs’ Cross Motion for Partial Summary Judgment as to Liability and Liquidated Damages (Doc. 116). I. Background Plaintiffs comprise a group of current and former employees who worked for Defendant Covenant Care Services, LLC. (“Covenant Care”), an agency that offers in-home care, a...
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MEMORANDUM Defendant Jalil Ibn Ameer Aziz (“Aziz”) moves the court for notice and disclosure of surveillance under the Foreign Intelligence Surveillance Act (“FISA”), 50 U.S.C. § 1801 et seq., and to suppress the fruits of such surveillance or any other collection *366conducted pursuant to FISA, or other “confidential” foreign intelligence gathering, or any parallel construction or “scrubbing” act...
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ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff Desoto Cab Company, Inc., d/b/a Flywheel Taxi (“Flywheel”), has filed a suit for declaratory and injunctive relief against the Commissioners of the California Public Utilities Commission (“CPUC”), in their official capacities only.1 Flywheel, a “traditional” taxi company, asserts a § 1983 equal protection claim against the ...
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*499MEMORANDUM OPINION This is an age discrimination case. Plaintiff, Sharon Carter, has filed a two-count complaint against Mid-Atlantic Healthcare, LLC (“Defendant” or “Mid-Atlantic”) alleging that she was terminated in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq. (Count I) and the Pennsylvania Human Relations Act, 43 P.S. § 961 et seq. (Count II). Pr...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-KM-00828-SCT JUSTIN CROCKETT a/k/a JUSTIN RANDLE CROCKETT a/k/a JUSTIN R. CROCKETT v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 04/17/2015 TRIAL JUDGE: HON. GERALD W. CHATHAM, SR. COURT FROM WHICH APPEALED: CIRCUIT COURT OF THE F...
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ORDER THIS CAUSE is before the Court on Defendant Central Mutual Insurance Company’s (“Central”) “Motion for Judgment on the Pleadings” (Dkt. 11), and Plaintiff First Coast Energy, LLP’s (“First Coast”) Response in opposition thereto (Dkt. 17). Upon review of the parties’ filings and the relevant case law, the Court determines the following. I. BACKROUND This case is an action to recover under a ...
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*1338Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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The petition for writ of certiorari was dismissed today pursuant to Rule 46 of the Rules of this Court....
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Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-1302 RAYMOND E. KING, Plaintiff-Appellant, v. STEVEN M. NEWBOLD, et al., Defendants-Appellees. ...
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ORDER Before the Court is the petition of Defendant Mhammad A. Abu-Shawish (“Abu-Shawish”) for the Court to issue him a certifícate of innocence pursuant to 28 U.S.C. § 2513(b). (Docket # 306). He requests the certificate in light of the dismissal of the indictment against him on remand from the Seventh Circuit and his acquittal in a later, related prosecution. For the reasons stated below, the Co...
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Aff. Cir. Ct. (Duval)...
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District denied....
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ORDER DENYING PETITION FOR HABEAS CORPUS The United Mexican States (“Mexico”) accuse Petitioner Mirella Ivonne Avila-Ramos (“Avila-Ramos”) of conspiring to have her husband murdered in Mexico. Very briefly stated, the principal evidence asserted by Mexican authorities against her comprises: (1) the fact that two attempts *1198were made on Avila-Ramos’s husband’s life (the second one succeeding) a...
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OPINION AND ORDER Like many Americans in the recent past, Plaintiff Chantal Sutton found herself unable to make her mortgage payments in 2012 and applied for a mortgage loan mod*257ification. In October 2013, she received a permanent modification, which lessened her monthly payments but left her with a balloon payment due at the mortgage’s termination in March 2019. Dissatisfied with the modifica...
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MEMORANDUM OPINION AND ORDER This action is the latest in a series of lawsuits that rely on a standard form complaint to assert various claims against, among others, mortgage loan servicers, underwriters, and trusts in connection with purported defects related to mortgage loan assignments. Complaints derived from the form complaint (or complaints that are coincidently similar to the form complain...
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MEMORANDUM OPINION AND ORDER Defendants removed this breach of contract action from state court pursuant to the federal bankruptcy removal statute. They now seek an order transferring the action to the District of Delaware pursuant to either the general change of venue statute, 28 U.S.C. § 1404(a), or the bankruptcy change of venue statute, 28 U.S.C. § 1412. For the reasons that follow, Defendant...
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Aff. Cir. Ct. (Santa Rosa)...
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APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 12-1-0359) MEMORANDUM OPINION Affirmed....
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OPINION This original proceeding arises out of a dispute between insureds and their insurer over the insurer’s right to an appraisal of the loss under the insurance policy. The insureds brought suit for breach of the policy. The insurer, as relator in this proceeding, seeks a writ of mandamus commanding the trial judge to vacate her order denying the insurer’s motion to compel appraisal and order...
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MEMORANDUM RULING Before the court is “Reveo Industries, Inc.’s Motion for Summary Judgment” (R. # 98) wherein defendant, Reveo, seeks to be dismissed from the instant lawsuit. Rev-eo maintains that plaintiff lacks sufficient evidence to establish any claim under the Louisiana Products Liability Act. FACTUAL STATEMENT On February 24, 2012, Plaintiff, Dustin Wright, was employed by Wyatt Field Serv...
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ORDER Pending before the Court is the Report and Recommendation, (ECF No. 33), entered by Magistrate Judge Cam Feren-bach on November 14, 2016, granting Defendant Dearrl Diggs’s (“Defendant’s”) Motion to Suppress, (ECF No. 17). The Government timely filed its Objection, (ECF No. 37), to the Report and Recommendation, and Defendant timely filed a Response, (ECF No. 38). I. BACKGROUND On July 26, 2...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiff Erwin D. Stevens (“plaintiff”), who proceeds pro se and has been granted leave to proceed in forma pauperis, seeks judicial review of a decision of the Social Security Administration (“SSA”) pursuant to 42 U.S.C. § 405(g). Presently before the court are the parties’ cross-motions for summary judgment. II. BACKGROUND A. Procedural History Plaintiff seek...
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**797Dismissed and remanded to CA 4/2. Review in the above-captioned matter, which was granted and held for Harris v. Superior Court (2016) 1 Cal.5th 984, 209 Cal.Rptr.3d 584, 383 P.3d 648, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WHARF, INC., et al., Plaintiffs, v. Civil Action No. 15-1198 (CKK) DISTRICT OF COLUMBIA, et al.., Defendants. MEMORANDUM OPINION ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CHRISTOPHER SWANSON and JEFF PRINTZ, Plaintiffs, Civil Action No. 15-1635 (RDM) v. MARINA MARTINS, Defendant. MEMORANDUM OPINION AND ORDER ...
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OPINION AND ORDER Plaintiffs The November Team, Inc.; Anat Gerstein, Inc.; BerlinRosen Public Affairs, Ltd.; Risa Heller Communications LLC and Mercury LLC (collectively, “Plaintiffs”) move for a temporary restraining order and preliminary injunction preventing Defendant New York State Joint Commission on Public Ethics (“JCOPE”) from enforcing JCOPE Adviso*368ry Opinion 16-01 (the “Advisory Opini...
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Aff. Cir. Ct. (Hillsborough)...
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Case: 16-40611 Document: 00513833340 Page: 1 Date Filed: 01/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-40611 Fif h Ci...
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Case: 15-30420 Document: 00513833759 Page: 1 Date Filed: 01/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-30420 United States Court of Appeals Fifth Circuit ...
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Aff. Cir. Ct. (Collier)...
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OPINION AND ORDER Defendant McNary Estates Homeowners Association, Inc., (“HOA”) denied plaintiffs Khrizma, Renee, and Gary Kuhn’s request for an exception to the HOA’s restrictive covenant prohibiting residents of McNary Estates from parking large vehicles in their driveways. Plaintiffs sought the exception because they asserted the ability to park a Class C RV in front of their home was necessa...
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Motion of Apotex, Inc., et al. for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted. The case is consolidated and a total of one hour is allotted for oral argument....
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The following briefing schedule is adopted:Petitioner in No. 15-1039 will file an opening brief limited to the question presented in its petition, not to exceed 15,000 words, on or before Friday, February 10, 2017. Petitioner in No. 15-1195 will file a consolidated opening brief on the question presented in their petition and response brief, not to exceed 19,000 words, on or before Friday, March 1...
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Motion of Apotex, Inc., et al. for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted. The case is consolidated and a total of one hour is allotted for oral argument....
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Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts granted....
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The following briefing schedule is adopted:Petitioner in Nos. 16-285 and 16-300 and respondent in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondent in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response *909briefs under the schedule set forth in Rule 25.2....
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The following briefing schedule is adopted:Petitioner in Nos. 16-285 and 16-300 and respondent in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondent in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response briefs under the schedule set forth in Rule 25.2....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. The case is consolidated and a total of one hour is allotted for oral argument....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted....
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*810Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to Question 1 presented by the petition....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted....
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No opinion found. Click here to view source material....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted....
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*809Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted limited to Question 1 presented by the petition....
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Hand Construction, LLC (“Hand”), appeals from a judgment entered by the Mobile Circuit Court (“the trial court”) finding that injuries Mitchell D. Stringer sustained in a motor-vehicle accident in Arkansas are compensable under the Alabama Workers’ Compensation Act (“the Act”), § 25-5-1 et seq., Ala. Code 1975. The trial court awarded Stringer medical benefits and temporary-total-disability benefi...
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K.M.D. (“the adoptive mother”) appeals from an order entered by the Montgomery Juvenile Court (“the juvenile court”) setting aside an award of attorney’s fees in an adoption case. We reverse the juvenile court’s order. Procedural History On January 22, 2015, the adoptive mother filed in the Montgomery Probate Court a petition to adopt T.B. (“the child”). On February 10, 2015, the probate court tra...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA CAROL HOPPER and ELIZ...
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Jennifer Dzik challenges the dismissal of her personal-injury suit after the law firm she retained (which continues to represent her in this appeal) ignored a legitimate discovery request for more than a year, flouted the requirements of a case-management order, and failed to respond to a motion to dismiss. Given these lapses, we conclude that the district court acted well within its discretion in...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHIKE OKAFOR, No. 14-17087 Plaintiff-Appellant, D.C. No. v. 3:14-cv-01002-LB UNITED STATES OF AMERICA, Defendant-Appellee. ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KUM TAT LIMITED, No. 14-17472 Plaintiff-Appellant, D.C. No. v. 3:14-cv-02857-WHO LINDEN OX PASTURE, LLC, Defendant-Appellee. OPINION ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TONJA AMES, No. 14-36035 Plaintiff-Appellee, D.C. No. v. 2:13-cv-01030-RSM KING COUNTY, Washington, Defendant, OPINION and HE...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ZAKIA MASHIRI, No. 14-56927 Plaintiff-Appellant, D.C. No. v. 3:14-cv-00839- JLS-RBB...
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In the United States Court of Federal Claims No. 14-941T (Filed: January 13, 2017) ) Pre-trial motions in limine; testimony by JEFFREY W. HERRMANN and ) witnesses in person at trial rather than by MINA GEROWIN HERRMANN, ...
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AFFIRMED. ORFINGER and EDWARDS, JJ., concur. BERGER, J., concurring specially....
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Aff. Reemployment Assistance Apps. Com’n...
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Affirmed Concurs Concurs...
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Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline Pursuant to Indiana Admission and Discipline Rule 23(ll)(c) (2016), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a “Statement of Circumstances and Conditional Agreement for Discipline” stipulating agreed facts and proposed discipline as summarized below. Sti...
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OPINION Ronald Flaugher brings this appeal from the Mason Circuit Court’s order revoking his shock probation. He argues that the trial court erred because it revoked his probation even though he was not notified of his conditions of probation. He also argues that the trial court abused its discretion under Kentucky Revised Statute (KRS) 439.3106 when it revoked his probation after he absconded fro...
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OPINION Public school employees are entitled to retirement benefits pursuant to KRS2 Chapter 161. The amount of the benefit is, in part, based on annual compensation, as defined by KRS 161.220(10). Stephen Smith, an employee of the Kentucky Educational Development Corporation (“KEDC”), annually received incentive pay in connection with his employment. The issue we must resolve in this case is whet...
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OPINION Alexandria Grego appeals from a summary judgment of the Jefferson Circuit Court in favor of Susanne Jenkins, Dana Michelle Uptain, Lydia Wagner, Kasie Seacrest, multiple unknown defendants, agents and/or employees of Woodland Baptist Church and Woodland Baptist Church (collectively Woodland Baptist Church). The circuit court ruled that release forms signed by Alexandria’s mother prior to ...
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*842OPINION Appellant, Hazel Enterprises, LLO (hereinafter “Hazel”) appeals from an order of the Warren Circuit Court denying a motion to reconsider a prior holding that Appellee, Scott Ray, was not obligated to pay post-judgment interest following a Final Judgment and Order of Sale of his real property. Hazel argues that the trial court erred as a matter of law, as KRS 360.040 mandated Ray’s liab...
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OPINION A civil action against a. real estate appraiser must be brought within one year from “the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured.” KRS2 413.140(3). At issue is whether the Kenton Circuit Court properly determined as a.matter of law the date on which Victory Community Bank reasonably should have ...
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-16-00009-CV WILLIAM R. AND SUSAN M. KNODERER, Appellants V. STATE FARM LLOYDS, PENNI PERKINS, AND TOM ROBERTS, Appellees On Appeal from the 354th District Court H...
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On Application for Rehearing This court’s opinion of September 16, 2016, is withdrawn, and the following is substituted therefor. Andrew Bekken appeals from the judgment of the Shelby Circuit Court (“the trial court”) granting Greystone Residential Association, Inc. (“the association”), and the Greystone Architectural Review Committee (“the committee”) an injunction to enforce residential restric...
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In this appeal, transferred to this court pursuant to Ala. Code 1975, § 12-2-7(6), Alice Avant Wilson seeks the reversal of a default judgment entered against her by the Autauga Circuit Court in a civil action brought by her brothers, David Avant and Larry Avant (“the Avants”). In that action, the Avants sought to. compel Wilson' to execute documents conveying to them any interest ‘that she might ...
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This is the second time Darren Randall Cook (“the father”) and Shéryl Linden-muth Cook Sizemore (“the mother”) have been before this court in this case." The father is seeking a reduction' in his child-support obligation based on what he says is. a significant decrease in his income. The first time the parties were before this court, the father was appealing from the trial court’s judgment denying...
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S.A.M. (“the mother”) and M.H.W. (“the father”) are the unmarried parents of S.M. (“the child"), who was born on December 2, 2012. In October 2015, the father filed in the Talladega Juvenile Court a petition to establish paternity and seeking custody of the child. The mother answered the petition and counterclaimed for custody. She filed a motion seeking retroactive child support in April 2016, wh...
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Thompson Tractor Company, Inc. (“the employer”), has filed a petition for a writ of mandamus requesting that this court order the Calhoun Circuit Court (“the trial court”) to dismiss a civil action pending before it.- Because we conclude that the civil action abated upon the death of the sole plaintiff, we grant the petition.- On May 11, 2011, Ray Franklin (“the employee”) and Donna Franklin (“the...
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M.F.B. (“the mother”), who is the mother of E.B. and G.B. (“the children”), seeks the issuance of a writ of mandamus directed to the Blount Juvenile Court mandating that that court vacate several orders entered on October 21, 2016, in ongoing cases concerning the custodial disposition of the children following the entry of the juvenile court’s September 2015 judgment finding the children to be dep...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA RICHARD L. WAGNER, ...
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FMR Corp. n/k/a FMR LLC, Fidelity Management Trust Company, and Fidelity Brokerage Services LLC (hereinafter referred to collectively as “Fidelity”) appeal the order of the Pike Circuit Court denying their motion asking the court to compel Elizabeth Ann Howard n/k/a Elizabeth Ann Hart (“Hart”) to arbitrate Fidelity’s dispute with her regarding her responsibility to indemnify Fidelity for losses it...
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(Dissenting). The majority today affirms a sentence of 160 years and one month without the possibility of parole for Rivera-Ruperto. The transgression for which Rivera-Ruperto was punished in such an extreme manner was his participation as a security guard in several fake transactions, while the FBI duped Rivera-Ruperto into believing that the composite was actually illegal drugs. The FBI ensured ...
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United States Court of Appeals For the First Circuit Nos. 13-2017, 13-2047, 13-2072 UNITED STATES, Appellee, v. WENDELL RIVERA-RUPERTO, a/k/a Arsenio Rivera, MIGUEL SANTIAGO-CORDERO, DAVIEL SALINAS-ACEVEDO, ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0009p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ OMAR RASHAD POUNCY, ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0010p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ UNITED S...
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Filed 1/13/17; part. pub. order 2/2/17 (see end of mod.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT ABRAHAM SANCHEZ, JR., F069843 Plaintiff and Appellant, (Super. C...
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Aff. Cir. Ct. (Her-nando)...
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FILED Jan 13 2017, 9:27 am CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Jan 13 2017, 8:04 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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2017 UT App 10 THE UTAH COURT OF APPEALS KIRSTEEN D. BLOCKER, Appellee, v. MICHAEL P. BLOCKER, Appellant. Memorandum Decision No. 20150720-CA Filed January 12, 2017 ...
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2017 UT App 9 THE UTAH COURT OF APPEALS GOLDENWEST FEDERAL CREDIT UNION, Appellant, v. KATHLEEN F. KENWORTHY, Appellee. Memorandum Decision No. 20150397-CA Filed January 12, 201...
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2017 UT App 8 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ELIZABETH VICTORIA COOK, Appellant. Memorandum Decision No. 20150847-CA Filed January 12, 2017 ...
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2017 UT App 11 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. LANDIN DEE MOOSMAN, Appellant. Memorandum Decision No. 20150588-CA Filed January 12, 2017 ...
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2017 UT App 7 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DONALD S. NEILSON, Appellant. Memorandum Decision No. 20140111-CA Filed January 12, 2017 ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PITZER COLLEGE, No. 14-56017 Plaintiff-Appellant, D.C. No. v. 2:13-cv-05863-GW-E INDIAN HARBOR INSURANCE COMPANY, ORDER CERTIFYING Defendant-Appellee. QUESTIONS TO THE ...
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FILED Jan 13 2017, 8:10 am CLERK Indiana Supreme Court Court of Appeals ...
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ORDER THIS CAUSE comes before the Court on the following motions: (1) Plaintiff'Counter-defendant Mt. Hawley Insurance Company’s (“Mt. Hawley”) Motion for Summary Judgment [ECF No. 37];1 (2) Plaintiff-Intervenor North River Insurance Company’s (“North River”) Motion for Summary Judgment [ECF No. 62]; (3) Defendant/Counter-plaintiff Miami River Port Terminal, LLC’s (“MRPT”) Motion for Summary Judg...
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ORDER ON MOTION TO DISMISS THIS CAUSE is before the Court upon Defendant HOVG, LLC’s (“Defendant”) Motion to Dismiss, ECF No. [13] (the “Motion”). The Court has carefully reviewed the record, the parties’ briefs, and the applicable law. For the reasons that follow, the Motion is granted in part and denied in part. I. BACKGROUND Plaintiff Aviyawna Michael (“Plaintiff’) brings claims against Defend...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2132 CELESTE DAVID, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICT NO. 508, doing business as CITY COLLEGES OF CHI...
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In the United States Court of Appeals For the Seventh Circuit ____________________   No.  15-­‐‑3838   ROBERT  H.  TILDEN,   Petitioner-­‐‑Appellant,   v.   COMMISSIONER  OF  INTERNAL  REVENUE,   ...
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*421MEMORANDUM & ORDER This case involves a long-running dispute between three sisters, Stephanie, Diane and Paula Mantouvalos, over the sale of inherited property in Greece located at Othos Orfeos 31, Holargos, Greece (“the property”). The Court ordered defendant Paula Mantouvalos to show cause why default judgment should not be entered against her. For the reasons that follow, Paula has failed ...
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MEMORANDUM & ORDER This case involves a copyright infringement dispute between two competing businesses that provide online ticketing and reservation services for bus companies. Plaintiff IvyMedia Corporation (“IvyMe-dia” or “plaintiff’) alleges that defendants iLIKEBUS, Inc. (“iLIKEBUS”), Alan Zou and Tong Wei (collectively, “defendants”) unlawfully copied its website’s characteristics. Pending ...
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Memorandum Opinion Presently before me is the issue of claim construction of multiple terms in U.S. Patent No. 8,603,514 (the “ ’514 Patent”), U.S. Patent No. 8,475,832 (the “’832 Patent”), U.S. Patent No. 8,017,150 (the “ 150 Patent”), and U.S. Patent No. 8,900,497 (the “ ’497 Patent”). I have considered the parties’ Joint Claim Construction Brief. (D.I. 75). I have issued two relevant orders sin...
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MEMORANDUM OPINION Presently before me is the issue of claim construction of multiple terms in U.S. Patent No. 5,856,298 (“the ’298 patent”). The ’298 patent generally relates to eryth-ropoietin (“EPO”) isoforms. I have considered the parties’ Joint Claim Construction Brief. (D.I. 104). I held a Markman hearing on September 21, 2016. I have also considered the parties’ supplemental letters submitt...
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MEMORANDUM OPINION I. INTRODUCTION On February 20, 2015, Didem Güney Alsoy, Mehmet Ali Alsoy, and Bonaport, LLC (“plaintiffs”) filed a complaint against (jigeksepeti Internet Hizmetleri Anonim §irketi (“defendant”), alleging violations of: (1) the reverse domain name hijacking provision of the Lanham Act, 15 U.S.C. § 1114(2)(D)(v); (2) Delaware’s Deceptive Trade Practices Act, 6 Del. C. § 2532 (“...
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ORDER Defendant Daniel Fernandes Rojo Filho (“defendant”) underwent a psychiatric evaluation, pursuant to this Court’s Order following a status conference held on October 25, 2016. The evaluation was conducted by Dr. Julia M. Reade for the purpose of assisting the Court in making a determination as to defendant’s competency to stand trial. After Dr. Reade submitted her report in December, 2016, th...
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PROCEEDINGS (in chambers): Order Denying Habeas Motion (CV #1 and CR #27) for Lack of Merit; Directing Entry of Separate Final Judgment; Directing Separate Certificate of Appealability Ruling; Terminating and Closing the Civil Case Represented by counsel, federal prisoner James Lewis Savage (“petitioner”) initiated this action for a writ of habeas corpus pursuant to 28 U.S.C. section 2255. The Co...
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ORDER DENYING MOTION TO DISMISS INTRODUCTION In this action by the United States Postal Service to declare unlawful and enjoin the application of a zoning ordinance enacted by the City of Berkeley, the City moves to dismiss. The motion is Denied. STATEMENT The following facts are taken from the complaint. The USPS owns and operates the Berkeley Main Post Office at 2000 Allston Way in Berkeley, Ca...
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ORDER RE MOTIONS HEARD JANUARY 4, 2017 INTRODUCTION Plaintiff Stephen Finn brings this action against several members of the Sullivan family and the Sullivan Vineyards, asserting claims based on a theory that he maintains a majority interest in the Sullivan Vineyard entities. However, during Finn and defendant Kelleen Sullivan’s divorce proceedings in a Colorado court, Finn represented that all o...
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MEMORANDUM OPINION “Financial protection for what matters most” appears on the website of the Defendant, Unum Life Insurance Company of America. Its vision statement includes providing products that help “employees protect their families and livelihoods,” and its statement of values places integrity above all others.1 In this ERISA lawsuit, the Plaintiff, Dr. Arturo Otero, asserts, in essence, th...
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OPINION & ORDER This matter comes before the Court on the motion for a preliminary injunction by Plaintiffs Curlin Medical Inc. (“Curlin”), Zevex, Inc. and Moog Inc. (collectively, “Plaintiffs”) against Defendant Acta Medical, LLC (“Acta.”) This Court held oral argument on this motion on January 11, 2017. For the reasons stated below, the motion will be granted. BACKGROUND This case arises from a...
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MEMORANDUM & ORDER This matter comes before the court upon defendant Bank of America, N.A.’s Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. 9) and plaintiff Erie David Keller’s Motion to Remand (Doc. 11). I. Plaintiff’s motion to remand Plaintiff seeks to remand this case to the District Court of Douglas County, Kansas, because he argues that his claims are all state law causes of a...
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MEMORANDUM OPINION AND ORDER Plaintiff Charlize Marie Baker (“Baker”)—who alleges that she “has a well-documented history of suffering from Gender Dysphoria,” Compl. at 4, “formerly referred to as Gender Identity Disorder,” id. at 4 n.2—brings this action against defendants Aetna Life Insurance Company (“Aetna”) and L-3 Communications Integrated Systems, LP (“L-3’),1 arising from the denial of co...
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ORDER DENYING § 2255 MOTION TO VACATE This matter is before me on the 28 U.S.C. § 2255 Motion To Vacate Sentence [# 611]1 filed May 14, 2016. The government filed an answer [#614], and the defendant filed a reply [# 622], In addition, the government filed a notice of supplemental authority [# 630]. I deny the motion. I. STANDARD OF REVIEW Under 28 U.S.C. § 2255(a), a federal prisoner claiming the...
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ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANT CITY OF SAN DIEGO’S MOTION TO DISMISS (ECF No. 4); AND (2) GRANTING DEFENDANT CHRISTOPHER R. HAYS’S MOTION TO DISMISS (ECF No. 14) Plaintiff Melanie Wilson commenced this action against Defendants Christopher R. Hays and the City of San Diego on May 13, 2016, alleging violations of her civil rights pursuant to 42 U.S.C. § 1983 and Monell v...
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Supreme Judicial Court of Maine denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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*1339Petition for writ of certiorari to the Supreme Court of Minnesota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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*1138AMENDED ORDER Defendant Joe Nersesyan moves for suppression of the following statements he made to California Highway Patrol Officer (“CHP”) Kevin Ward during a traffic stop, which eventually included a vehicle towing inventory: “he had taken [two rifles officer Ward found during the vehicle towing inventory] to a firing range [for target shooting] on the day prior to the traffic stop.” (Def....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Second District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of the position asserted by the Acting Solicitor General in hi...
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion for leave to proceed in forma pauperis and petition for writ of certiorari as to Juan Lauriano-Esteban granted, judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Esquivel-Quintana v. Sessions, 581 U.S. ----, 137 S.Ct...
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT This matter comes before the Court on plaintiffs “Amended Motion for Summary Judgment” (Dkt. # 58) and defendant “BNSF Railway Company’s Cross-Motion for Partial Summary Judgment” (Dkt. # 63). Plaintiff filed this suit in April 2015 alleging that defendant breached a Right-of-Way Easement Agreement (“Easement Agreement”), asserting claims of brea...
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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MEMORANDUM OPINION Petitioner Cody Morris Dooley brings this habeas petition under 28 U.S.C. § 2255, asking the court to vacate or correct his sentence in light of the United States Supreme Court’s recent decision in Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). The government has moved to dismiss Dooley’s § 2255 motion. The issues have been thoroughly briefed, and t...
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MEMORANDUM ORDER I am asked to stay this case, which is in an unusual procedural posture. On September 24, 2015, I adopted a Report and Recommendation (D.I. 59) (“R&R”) authored by Magistrate Judge Burke and denied Defendants TC Heartland, LLC and Heartland Packaging Corporation’s (“Heartland” or “Defendants”) motion to transfer this case to the United States District Court for the Southern Distr...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : Criminal Action No.: 13-0324 (RC) : JOYCE DAWN FERRELL, ...
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MEMORANDUM OPINION On March 5, 2016, Plaintiffs Tenisha N. Jiggetts and Karen W. Cooper (“Plaintiffs”) filed a Fourth Amended Complaint against the District of Columbia and seven of its individual employees (collectively, “Defendants”). Jiggetts and Cooper formerly worked for the Superior Court of the District of Columbia, and their lawsuit arises out of a series of allegedly discriminatory and t...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ALLEN L. WISDOM, Plaintiff, v. Civil Action No. 15-1821 (JEB) UNITED STATES TRUSTEE PROGRAM, Defendant. MEMORANDUM OPINION As Michael Scott was admonished on The Of...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EDWARD SHINOGEE, ) by his guardian, Thomas Duffy, ) ) Plaintiff, ) ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : Criminal Action No.: 16-0073 (RC) : TYRONE WRIGHT, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) BARBARA SMITH and ) CLARENCE GASBY, ) ) Plaintiffs, ) v. ) Civi...
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In the United States Court of Federal Claims BID PROTEST No. 15-489C Filed Under Seal: January 11, 2017 Reissued for Publication: January 13, 2017* ) YORK TELECOM CORPORATION, ...
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ORDER Plaintiffs Jason and Amanda Crawford, on behalf of their minor child, Z.C., bring suit against Deer Creek Public Schools, its various administrators, and members of *1265the school board for alleged civil rights violations against their child. Defendants have moved to dismiss for failure to state a claim. (Doc. 8). For the reasons that follow, Defendants’ motion to dismiss is GRANTED. I. Ba...
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OPINION AND ORDER AFFIRMING DECISION OF THE BANKRUPTCY COURT This matter comes before the Court on Marlene Denise Evans’ (“Appellant” or “Debtor”) appeal from the United States Bankruptcy Court for the Eastern District of Virginia’s March 7. 2016 Order Granting Trustee’s Amended Motion to Approve Motion to Convert or Dismiss. Bankruptcy Case No. 10-51101-SCS (hereinafter “Bankruptcy Proceedings”)...
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MEMORANDUM OPINION (Granting Defendant’s Motion for Summary Judgment) Plaintiff ZUP, LLC (“ZUP” or “Plaintiff’) brings suit against Defendant Nash Manufacturing, Inc. (“Nash” or “Defendant”) after a proposed business deal for a joint manufacturing venture turned sour. Both ZUP and Nash manufacture water recreational devices, with the former being a relative newcomer to the industry and the latter...
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ORDER Plaintiff Kenneth Rutherford filed suit against Defendant Peoria Public Schools District 150 (“the District”), alleging a violation of the Family and Medical Leave Act of 1993 (“FMLA” or “the Act”). Before the Court are Plaintiffs Motion for Partial Summary Judgment, ECF No. 19, and Defendant’s Motion for Summary Judgment, ECF No. 21.1 For the following reasons, Plaintiffs motion is GRANTED...
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FINAL ORDER On October 17, 2016, this Court entered its Memorandum Opinion and Order Deny*897ing the United States’ New Motion for Summary Judgment and Granting Summary Judgment in Favor of the Plaintiffs [Doc. 293]. In that Order, this Court ordered the EPA to provide, within two weeks, a plan and schedule for compliance with § 321(a) both generally and in the specific area of the effects of its...
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F$-HN.H ffifi HE iiFiL lln tbt @nrtrl $,tutts @ourt of fplerul @lsflns No. 16-7947 Fifed: January 13,2017 ...
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ORDER Before the Court is the Petition for Injunction Under Section 10(j) of the National Labor Relations Act, as Amended (ECF No. 1), filed October 17, 2016, by Martha Kinard, Regional Director of the Sixteenth Region of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board (“Petitioner”). Petitioner seeks an injunction prohibiting the alleged unfair labor p...
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Motion for leave to proceed as a veteran denied....
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The Acting Solicitor General is invited to file a brief in these cases expressing the views of the United States....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Arizona denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of New York denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Oregon denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Nevada denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus and/or prohibition denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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In Matter of DISBARMENT OF Michael Bruce STONE.Disbarment order entered....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) Kenneth Buholtz, ) ) Plaintiff, ) ...
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ORDER Robert Wilson appeals the Labor and Industrial Relations Commission’s order denying him unemployment benefits. We affirm. Rule 84.16(b)....
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ORDER Patrick McDermott appeals the Labor and Industrial Relations Commission’s decision denying his claim for unemployment benefits. We affirm the decision of the Commission. Rule 84.16(b)....
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ORDER Varnell Bradley appeals from the circuit court’s judgment denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. We affirm. Rule 84.16(b)....
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Order Jeffrey Donnell appeals from the denial of his Rule 24.035 motion for post-eonvic*865tion relief following an evidentiary hearing. Upon review of the briefs and the record, we find no error and affirm the circuit court’s judgment. We have provided the parties with a Memorandum explaining the reasons for our decision, because a published opinion would have no precedential value. AFFIRMED. Rul...
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ORDER Timothy Scott Kelley appeals his conviction, following a jury trial, for assault in the first degree (§ 565.050, RSMo 2000), for which he was sentenced by the court to *182fifteen years in prison. We affirm. Rule 30.25(b)....
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ORDER Following a jury trial, William O’Tool was convicted in the Circuit Court of Platte County of first-degree statutory sodomy and sexual misconduct involving a child. O’Tool was sentenced to life imprisonment for the sodomy conviction and seven years’ imprisonment for the sexual misconduct conviction, with the sentences ordered to run concurrently. His convictions and sentences were affirmed o...
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IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT CHARLES L. BURGETT, ) ) Appellant, ) ) WD79431 v. ) ...
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IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT HEALTH CARE FOUNDATION OF ) GREATER KANSAS CITY, ) ) Respondent, ) ) WD79340 v. ...
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In the Missouri Court of Appeals Western District  NICK SAVAGE,   WD79299 Appellant,  OPINION FILED: v. ...
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IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT ANTHONY C. WASHINGTON, ) ) Appellant, ) ) WD78789 v. ) ) ...
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MISSOURI COURT OF APPEALS WESTERN DISTRICT DAQUETTA D. DAVIS, ) ) WD78534 Appellant, ) v. ) OPINION FILED: ...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Nathan C. WILSON, Specialist United States Army, Appellant ...
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Order, Supreme Court, New York County (James E. d’Auguste, J.), entered December 7, 2015, which granted defendant City of New York’s motion for summary judgment dismissing the complaint and all cross claims as against it, and denied the cross motion of defendants The Georges Units, LLC and Eilat Management (the owners) for summary judgment *562 dismissing the complaint and all cross claims as a...
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Case: 15-10606 Document: 00513836141 Page: 1 Date Filed: 01/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-10606 Fifth C...
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In the United States Court of Appeals For the Seventh Circuit No. 15-3067 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STEVEN SYMS, Defendant-Appellant. Appeal from the United States District Court...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1095 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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Opinion concurring in part, dissenting in part filed by Circuit Judge NEWMAN. Jason Carl Kennedy was disenrolled from the Navy Reserve Officer Training Corps (NROTC) program at George Washington University (GWU) in Washington, DC, after he failed to complete the required course at the Officer Candidate School (OCS) in Quantico, VA. Mr. Kennedy challenged his disenrollment by suit in the United Sta...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KATHLEEN LYNN HORN, NOT FINAL UNTIL TIME EXPIRES TO former wife, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, ...
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AFFIRMED. WOLF and LEWIS, JJ., CONCUR; WETHERELL, J., CONCURS WITH OPINION....
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STATE OF MINNESOTA IN COURT OF APPEALS A15-2075 State of Minnesota, Respondent, vs. Matthew Vaughn Diamond, ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA15-1060 Filed: 17 January 2017 Onslow County, No. 13 CRS052870, 053006-07 STATE OF NORTH CAROLINA v. KRYSTEN S. GREENE, Defendant. Appeal by defendant from judgments entered on 4, 6 and 13 May 2015 by Judge John E. Nobles, Jr. in Superior Cou...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA15-1383 Filed: 17 January 2017 North Carolina Industrial Commission, I.C. No. X89146 DARRELL THOMPSON, Employee, Plaintiff, v. INTERNATIONAL PAPER CO., Employer, SELF-INSURED (SEDGWICK CMS, Third-Party Administrator), Defendant. Appeal by plaintiff ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-343 Filed: 17 January 2017 Buncombe County, No. 14 CRS 80500 STATE OF NORTH CAROLINA v. KENDRICK TARRELL BURTON Appeal by defendant from judgment entered 10 November 2015 by Judge Marvin P. Pope Jr. in Buncombe County Superior Court. Heard ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-278 Filed: 17 January 2017 Forsyth County, Nos. 15 CRS 2755, 51679 STATE OF NORTH CAROLINA v. FILEMON OLDMEDO SILVA Appeal by defendant from judgment entered 22 September 2015 by Judge Stanley L. Allen in Forsyth County Superior...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-491 Filed: 17 January 2017 Mecklenburg County, No. 11 CRS 247933 STATE OF NORTH CAROLINA v. BOBBY JOHNSON Appeal by Defendant from judgment entered 6 October 2015 by Judge Eric L. Levinson in Superior Court, Mecklenburg County. Heard in the Cou...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-346 Filed: 17 January 2017 New Hanover County, No. 12 CVD 4706 ALLEN G. EDWARDS, Plaintiff, v. CHRISTINE L. EDWARDS, Defendant, v. BRANDON EDWARDS, Third-Party Defendant. Appeal by Plaintiff from order entered 10 December 2015 b...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-428 Filed: 17 January 2017 New Hanover County, No. 15 CVS 59 BAKER A MITCHELL, JR, and THE ROGER BACON ACADEMY, INC, Plaintiffs, v. EDWARD H PRUDEN, in his individual capacity, Defendant. Appeal by defendant from order entered 20 January...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-557 Filed: 17 January 2017 Dare County, No. 11 CVS 44 SOUTHERN SHORES REALTY SERVICES, INC., Plaintiff, v. WILLIAM G. MILLER, THE MILLER FAMILY LIMITED PARTNERSHIP II, THE MILLER FAMILY LIMITED PARTNERSHIP III, OLD GLORY II, LLC, OLD GLORY III, LL...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-596 Filed: 17 January 2017 Orange County, No. 15 CVD 1471 RME MANAGEMENT, LLC, Plaintiff, v. CHAPEL H.O.M. ASSOCIATES, LLC and CHAPEL HILL MOTEL ENTERPRISES, INC., Defendants. Appeal by plaintiff from order entered 7 March 2016 by Judge Lunsford...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-605 Filed: 17 January 2017 Iredell County, No. 12 CVS 2025 WALTER CALVERT SMITH, Plaintiff, v. STEWART POLSKY, M.D., CAROLINA UROLOGY PARTNERS, PLLC, and LAKE NORMAN UROLOGY, PLLC, Defendants. Appeal by defendants from order entered 8 Ma...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-666 Filed: 17 January 2017 Pasquotank County, No. 14 CVD 740 TONY R. BANKS, Plaintiff. v. KIMBERLY HUNTER, Defendant. Appeal by defendant to review order entered 2 March 2016 by Judge Meader W. Harriss, III in Pasquotank County District C...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-787 Filed: 17 January 2017 Haywood County, No. 13 CVD 97 TATER PATCH ESTATES HOME OWNER'S ASSOCIATION, a North Carolina Corporation, Plaintiff, v. TAMMY SUTTON, Defendant. Appeal by plaintiff and defendant from judgment entered 3 February 2016...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-625 Filed: 17 January 2017 Cumberland County, No. 15-CVS-8050 HARRY WILLIAMS, Plaintiff, v. ADVANCE AUTO PARTS, INC., and ADVANCE STORES COMPANY, INCORPORATED d/b/a Advance Auto Parts, Defendants. Appeal by Plaintiff...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-202 Filed: 17 January 2017 Mecklenburg County, No. 14 CVS 21212 BROOKLINE RESIDENTIAL, LLC and RESIDENCES AT BROOKLINE LLC, Plaintiffs, v. CITY OF CHARLOTTE; and INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendants. Ap...
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Jesse Williams (defendant) appeals from a judgment entered on his convictions of attempted first degree murder, assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI), and felonious breaking or entering. Upon review, we find no error in part, and vacate and remand for resentencing. I. Background Based on events occurring 7 July 2014, on 8 September 2014, a Guilford ...
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Stephen Eugene James ("Defendant") appeals from judgments entered upon jury verdicts finding him guilty of robbery with a firearm, conspiracy to commit robbery with a firearm, and possession of a firearm by a felon. Following the verdicts, Defendant pleaded guilty to the offense of attaining the status of an habitual felon and was sentenced accordingly. Defendant gave notice of appeal in open cour...
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Sally J. Almason ("Sally"), appeals the 19 March 2015 order granting her ex-husband, David A. Almason ("David") alimony and legal fees related to the alimony litigation. Sally contends the trial court abused its discretion by improperly calculating both David's income and expenses, and erred as a matter of law by awarding legal fees to David. David cross-appeals, arguing the trial court erred by f...
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C & J Carriage House and its workers' compensation insurance carrier, Ohio Casualty Group/Liberty Mutual Insurance Co. (collectively, with C&J Carriage House, defendants), appeal an Opinion and Award of the Industrial Commission granting plaintiff Elizabeth Thornton's (Thornton) request for compensation for medical treatment related to ongoing pain in her lower back. Defendants' primary argument o...
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Respondent appeals from an order terminating her parental rights to her sons E.S.E. and G.S.S-E. For the following reasons, we affirm. I. Facts and Background On 23 June 2014, the New Hanover County Department of Social Services ("DSS") filed a petition alleging E.S.E. and G.S.S-E. were neglected juveniles. The court placed the children in nonsecure custody of DSS. On 17 July 2014, the New Hanover...
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NO ERROR IN PART; VACATED AND REMANDED IN PART....
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On 16 September 2015, Jonathan Daniel Poteat ("Defendant") was convicted by a jury of selling heroin, possession with intent to sell or deliver heroin, maintaining a dwelling place for keeping or selling a controlled substance, conspiracy to sell or deliver heroin, possession of drug paraphernalia, and delivery of heroin. Defendant then pled guilty to having attained habitual felon status. The tri...
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AFFIRMED....
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Jeanette Lynn Miles ("Defendant") appeals from a judgment entered upon jury verdicts finding her guilty of second degree murder, reckless driving, failing to stop at a red light, and failing to wear a seat belt. We vacate Defendant's judgment and remand for resentencing. I. Background On 13 November 2013, Defendant was involved in a hit and run accident. Officers from the Greensboro Police Departm...
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Horace Hamid Kersey ("Defendant") appeals from a judgment entered after a re-sentencing hearing ordered by this Court. The procedural history and evidence at trial are narrated in our opinion filed on 6 October 2015. State v. Kersey, --- N.C. App. ----, 779 S.E.2d 528 (2015) (unpublished). Defendant contends the court erred by failing to make sufficient inquiry into his request for substitution of...
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Tasha Nicole Moss ("Defendant") appeals from judgments entered upon her convictions for felony breaking and/or entering and felony larceny. Defendant argues that the trial court: (1) erred by denying her motion to dismiss the charge of felonious breaking and/or entering for insufficiency of the evidence; and (2) committed plain error when instructing the jury on felonious breaking and/or entering....
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Adelmo Esteban ("Defendant") appeals from a judgment entered after a bench trial finding him guilty of driving while impaired ("DWI") and operating a motor vehicle without being licensed ("NOL"). We dismiss the appeal. I. Background At approximately 11:30 p.m. in August 2012, Defendant stopped at a vehicle checkpoint. Officer Jonathan Branson of the Aberdeen Police Department approached defendant'...
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Samuel Allen Taylor ("Defendant") appeals from a judgment entered upon his guilty plea to first-degree burglary, injury to real property, and assault on a female. For the reasons set forth below, we affirm the trial court's judgment. I. Background On 20 September 2014, a woman was awakened by a commotion inside her Hendersonville home. She went to the kitchen Defendant grabbed her by the arm and s...
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Matthew Russell Lanham ("Defendant"), a registered sex offender, appeals his conviction for failing to report his change of address to the Union County Sheriff's Office ("the Sheriff's Office") in violation of N.C. Gen. Stat. § 14-208.11(a)(2), and of knowingly residing within 1,000 feet of a school in violation of N.C. Gen. Stat. § 14-208.16(a). We find no error. I. Background As a result of his ...
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UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before CAMPANELLA, HERRING, and PENLAND Appellate Military Judges UNITED STATES, Appellee v. Private E1 MARQUES D. ENTZMINGER United States Army, Appella...
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Defendant-appellant Education Management Corporation (“EDMC”) and its subsidiaries appeal from a judgment following a bench trial before the United States District Court for the Southern District of New York (Failla, J.). The District Court held that a series of transactions meant to restructure EDMC’s debt over the objections of certain noteholders violated Section 316(b) of the Trust Indenture A...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 16-1795 ___________ SANG GOO PARK, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent ...
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concurring in part and concurring in the judgment. I concur in the court’s well reasoned analysis of the pretrial detainees’ claims but write separately to address the claims of the convicted prisoners. While the district court addressed all plaintiffs as pretrial detainees, the complaint and briefs make clear that plaintiffs also include convicted prisoners. Claims by convicted prisoners are anal...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL G. SCHWERN, No. 14-35576 Plaintiff-Appellee, D.C. No. v. 3:14-cv-00146-PK PATRICK PLUNKETT, as personal representative of the Estate of OPINION Noirin Plunkett, D...
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Opinion concurring in part and concurring in the judgment filed by Circuit Judge PILLARD. Nizar Trabelsi is a Tunisian national convicted in Belgium for a variety of crimes, including attempting to destroy a military base. While Trabelsi was serving his sentence for his convictions in Belgium, a grand jury in the United States indicted Trabelsi with various conspiracy and terrorism offenses. The U...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 14, 2016 Decided January 17, 2017 No. 16-5047 A.N.S.W.E.R. COALITION (ACT NOW TO STOP WAR AND END RACISM), APPELLANT GRAYLAN SCOTT HAGLER, PASTOR, PLYMOUTH CONGREGATIONAL CHURCH, ET AL., ...
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Aff. Cir. Ct. (Duval)...
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Affirmed in part, Reversed in part, and Remanded for further proceedings Concurs Concurs...
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Remanded for entry of a new sentencing order Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Jan 17 2017, 5:50 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Jan 17 2017, 7:56 am CLERK Indiana Supreme Court Court of Appeals ...
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FILED Jan 17 2017, 7:17 am CLERK Indiana Supreme Court Court of Appeals ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-1002 Sandra Castillo as Personal Representative of the Estate of Jose Luis Estrada-Martinez, Appellant, vs. ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-1828 In the Matter of the Welfare of the Children of: N.L., S.C., O.O., and S.M. (Deceased), Parents. Filed January 17, 2017 Appeal to proceed ...
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SUPREME COURT OF MISSOURI en banc CITY OF KANSAS CITY, MISSOURI, ) Opinion issued January 17, 2017 ) Respondent, ) ) v. ) No. SC95368 ...
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Marilyn R. Brewington ("Petitioner") appeals from the trial court's order affirming the termination of her employment with North Carolina Agricultural & Technical State University (the "University"). On appeal, she argues that the University lacked just cause to discharge her. After careful review, we affirm. Factual and Procedural Background The events giving rise to this action began when the Un...
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Timothy Hatton ("Mr. Hatton") appeals from the trial court's 3 June 2015 order denying his motion to modify child custody and awarding attorney's fees in favor of Stephanie Garrett ("Mrs. Garrett"). After careful review, we affirm in part and vacate in part. Factual and Procedural Background Mr. Hatton and Mrs. Garrett were married in 2000, and two children were born of the marriage-the first chil...
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Lachey Baker (plaintiff) appeals from an order of summary judgment in favor of Jeffrey Gibbons, M.D., Garon R. Strong, PA-C, and Sandhills Emergency Physicians, P.A. (collectively, defendants), on plaintiff's negligence claim. We affirm. I. Background On 14 January 2011 at approximately 10:30 p.m., plaintiff brought her eleven-year-old son, David,1 to the FirstHealth of the Carolinas Moore Regiona...
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AFFIRMED....
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Where the evidence, taken in the light most favorable to the State, demonstrated that defendant willfully and unlawfully refused to comply with security screening, the trial court did not err in denying his motions to dismiss the charge of resisting a public officer and for judgment notwithstanding the verdict. Where defendant offered no factual basis for his requested jury instructions, the trial...
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Anthony Searls ("Defendant") appeals from a judgment entered upon a jury verdict finding him guilty of carrying a concealed handgun. The evidence at trial established that in November 2013, a police officer stopped a car that Defendant was driving because the car's license plate had been revoked. Defendant gave consent to the officer to search the car, and the officer discovered a handgun conceale...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 1. INTRODUCTION Plaintiff Carlo Moersch, a citizen of Luxembourg, brings this action against Defendant Charles S. Zahedi, a citizen of California, under the Uniform Foreign Country Money Judgments Recognition Act (“the Uniform Act”), California Civil Procedure Code §§ 1713 et seq. (See generally Dkt. 1.) Plaintiff seeks recognition of a foreig...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 17, 2016 Decided January 17, 2017 No. 14-1070 GREGORY BARTKO, PETITIONER v. SECURITIES AND EXCHANGE COMMISSION, RESPONDENT On Petition for R...
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OSCN Found Document:KNOX v. OKLAHOMA COURT OF CRIMINAL APPEALS OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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OSCN Found Document:IN THE MATTER OF THE ESTATE OF VOSE OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-16-00055-CV ________________________ EX PARTE EMILY KAY SMIRL ...
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MEMORANDUM OPINION When the Plaintiff, Colonel Robert Gary, made a claim for benefits under a life insurance policy (the “Policy”) that Defendant USAA Life Insurance Co. (“USAA Life”) had issued to his wife Angela Maddox-Gary less than two years earlier, USAA Life denied his claim because Ms. Maddox-Gary had made a misrepresentation in the medical questionnaire interview (“Medical Questionnaire”)...
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MEMORANDUM Presently before the Court is a Motion to Dismiss or, Alternatively, to Stay Proceedings Pending Arbitration filed by Defendant, Cintas Corporation (“Cintas”), the Response in Opposition filed by Plaintiff, Sean Curtis (“Curtis”), and the Reply by Cintas. For the reasons set forth below, we grant Cintas’ Motion. I. BACKGROUND The Complaint states that Cintas is involved in “supplying i...
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MEMORANDUM I. Introduction Anthony Wright sued the City of Philadelphia and 11 individuals, all of whom were members of the Philadelphia Police Department during the time relevant to this action, pursuant to 42 U.S.C. § 1983 and Pennsylvania state law. This action arises out of the investigation and prosecution that resulted in Mr. Wright’s wrongful conviction for a 1991 rape and murder. Mr. Wrig...
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ORDER The parties have filed briefs on the merits of this ERISA case. Docs. 26, 29. Defendant Prudential Insurance Company of America styled its opening brief as a motion for summary judgment, to which Plaintiff has responded. Doc. 24, 31. Despite this difference in briefing, Plaintiff agrees that the Court can resolve this case on the merits. Doc. 31 at 8.1 The Ninth Circuit has also noted that, ...
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MEMORANDUM OPINION AND ORDER Plaintiff Denise Simon-Leveque filed this action seeking reversal of the final decision of the Commissioner of Social Security denying her applications for Disability Insurance Benefits under Title II of the Social Security Act (Act). 42 U.S.C. §§ 405(g), 423 et seq.- The parties have consented to the jurisdiction of the United States Magistrate Judge, pursuant to 28 ...
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*897MEMORANDUM AND ORDER This matter is before the Court on the defendants’ motion for partial dismissal of plaintiffs’ complaint, pursuant to Fed. R.Civ.P. 12(b)(6). Plaintiffs have filed a response in opposition and the issues are fully briefed. In August 2014, plaintiffs Michael J.. Powers, Jasmine Woods, Keith Rose, and Michael Lhotak were arrested in Ferguson, Missouri for failing to comply ...
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MEMORANDUM AND ORDER This matter is before the Court on defendants’ motion to transfer venue. I conclude that transfer of this case to the United States District Court for the Western District of Missouri, Central Division (Jefferson City) is appropriate under 28 U.S.C. § 1404(a), and so I will transfer the case to that Court. *890Procedural Background This case was filed on December 7, 2016, chal...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT INTRODUCTION This is a tragic case. James Greer was pulled over by a Hayward police officer on the evening of May 23, 2014 for suspicion of driving under the influence. He was dead an hour later, after a scuffle with several Hayward Police Department (“HPD”) officers, and one officer, Sergeant Jon Tougas, from the Bay Area Rapid Transit Distr...
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MEMORANDUM OPINION AND ORDER Plaintiff City of Evanston has sued Defendants Northern Illinois Gas Company (“Nieor”) and Commonwealth Edison Company (“ComEd”), alleging violations of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq. (Count I). In addition to its RCRA claim, Plaintiff brings a variety of state and municipal claims, including a claim for violations of Ev...
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MEMORANDUM OPINION AND ORDER Introduction Before me1 is an action by Denise Renee Sito under 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of Social Security denying her application for disability insurance benefits.2 The Commissioner has answered3 and filed the transcript of the administrative record.4 Under my initial5 and procedural6 orders, the parties have ...
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Jesse Featherly challenges the denial of his motion to quash the search warrant that led to the discovery of child pornography on his computer. Featherly contended that the government secured the warrant by making an intentionally false statement on the warrant application. The district court disagreed, and Featherly pleaded guilty to receiving child pornography. Because the court did not clearly ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ADAM M. APTON, ) ) Plaintiff, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) JOHNNY RAY CHANDLER, ) ) Plaintiff, ) ) v. ) ...
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MEMORANDUM OPINION AND ORDER Plaintiffs, Vytas Bankaitis and Lee Anne Bankaitis, initiated this action in state court against Defendant, Allstate Insurance Company (“Allstate” or “Defendant”), alleging violations of state common and statutory law. Defendant subsequently removed the action to this Court, on the basis of diversity of citizenship. Before the Court is Defendant’s partial Motion to Di...
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OPINION AND ORDER Erin Johnson claims that the dunning letter she received from Enhanced Recovery Company, LLC (“ERC”), a debt collector, was false or misleading in violation of the Fair Debt Collection Practices Act. ERC seeks dismissal of the case, arguing that the letter is plainly neither false nor misleading. The Seventh Circuit has instructed that whether a debt collection letter is mislead...
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Affirmed Concurs Concurs...
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MEMORANDUM AND ORDER This matter comes before the court on defendant Michael L. Stratton’s Motion to Suppress Evidence (Doc. 19). Defendant asserts that his Fourth Amendment rights were violated when Sony searched information stored on his PlayStation3 gaming device and, as a result, that the court must suppress (1) evidence the National Center for Missing and Exploited Children (“NCMEC”) obtaine...
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MEMORANDUM AND ORDER This matter comes before the court on Judgment^Creditor Kai Gruber’s Motion to Remand. Doc. 16. Garnishees United States Aircraft Insurance Group (“USAIG”) and United States Aviation Underwriters, Inc. have filed a Memorandum in Opposition to the Motion to Remand. Doc. 19. And, Judgment-Creditor Kai Gruber has filed a Reply. Doc. 20. After considering the parties’ arguments, ...
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MEMORANDUM AND OPINION This case presented a claim that a school district infringed a vendor’s intellectual property. The plaintiff, Arthur Smith, designs and produces customized t-shirts. He alleged that Houston Independent School District (HISD) tortiously broke off an arrangement for Mr. Smith to produce logo t-shirts for a school in the district. At a hearing on June 21, 2016, the court grant...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) Center for Public Integrity, ) ) Plaintiff, ) ) v. ...
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 11th of January 2017 by State of NC:"Motion Allowed by order of the Court in conference, this the 12th of January 2017."State of NC shall have up to and including the 24th day of March 2017 to file and serve his/her brief with this Court....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Cite as: 582 U. S. ____ (2017) 1 THOMAS, J., dissenting SUPREME COURT OF THE UNITED STATES EDWARD PERUTA, ET AL. v. CALIFORNIA, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 16–894. Decided June 26, 2017 The petition for a writ of certiorari is denied. JU...
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________ ) DAVID W. NOBLE, JR., ) ) Plaintiff, ) ) v. ) Civil Action No. 94-302 (EGS) )...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SHEILA KENNEDY, Plaintiff, Civil Action No. 16-cv-02235 (BAH) v. Chief Judge Beryl A. Howell JOSEPH H. BOARDMAN, et al., ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) DELL INC, ) ) Plaintiff, ) ) v. ...
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delivered the Opinion of the Court. ¶1 First, this ease requires us to determine whether a police officer’s testimony that a defendant was under the influence of meth-amphetaihine was lay or expert testimony. Because any error in admitting the officer’s testimony as'lay testimony was harmless given the otherwise overwhelming evidence, we decline to answer whether the trial court erred in admitting...
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delivered the Opinion of the Court. ¶1 This case requires us to determine if Amendment 64 to the Colorado Constitution, which legalized possession of small amounts of marijuana, deprived the State of the power to continue to prosecute individuals for possession of less than one ounce of marijuana after the Amendment became effective. In light of our holding today in People v. Boyd, 2017 CO 2, 387 ...
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delivered the Opinion of the Court. ¶1 This case requires us to determine if Amendment 64 to the Colorado Constitution, which legalized possession of small amounts of marijuana, deprived the State of the power to continue to prosecute cases where there was a nonfinal conviction for possession of less than one ounce of marijuana and where there was a pending right to appeal (subsequently exercised ...
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Upon consideration of the application filed by Defendant on the 12th of January 2017 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, New Hanover County: "Denied by order of the Court in conference, this the 12th of January 2017."...
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The corporate charter of the Federal National Mortgage Association, known as Fannie Mae, authorizes Fannie Mae "to sue and to be sued, and to complain and to defend, in any court of competent jurisdiction, State or Federal." 12 U.S.C. § 1723a(a). This case presents the question whether this sue-and-be-sued clause grants federal district courts jurisdiction over cases involving Fannie Mae. We hold ...
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Memorandum Order Before me, is Plaintiffs Dr. Nancy Mondero, Judy L. Howett NP, Margaret M. Sawyer, Tanikka R. Miller, and Marian L. Long’s Motion for Reargument (D.I. 75) relating to my summary judgment opinion (D.I. 71) and separate Order (D.I. 72). I have considered Plaintiffs’ motion and Defendant Lewes Surgical & Medical Associates, P.A.’s response. (D.I. 75; D.I. 78). For the reasons set fo...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ALMAR MANAGEMENT, INC.’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS INTRODUCTION Craig Peltier brings this action against his former employer, Almar Management, Inc. (“Almar”), for failure to pay wages in accordance with Hawaii Revised Statutes (“HRS”) § 103-55 and for breach of contract, as an alleged third-party beneficiary of a contract be...
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MEMORANDUM OPINION AND ORDER Subsequent to Defendants Christina Carman, Julie Coscia, Anthony Coscia, and Michael Smith being found guilty by a jury (Doc. # 345), the United States filed a Motion for Preliminary Judgment of Forfeiture. (Docs. # 378 and 402). Defendants Carman and Smith having filed Responses (Docs. # 407 and 412) and the United States having filed a Reply in Support of its Motion ...
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ORDER ADOPTING MAGISTRATE JUDGE GOODMAN’S REPORT AND RECOMMENDATION THE MATTER was referred to the Honorable Jonathan Goodman, United States Magistrate Judge, for a Report and Recommendation on Plaintiffs’ Motion for Remand (the “Motion”) [ECF No. 13]. Magistrate Judge Goodman filed a Report and Recommendation [ECF No. 37], recommending that the Motion be granted and that the case be remanded to ...
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MEMORANDUM OPINION & ORDER Petitioner Trina Solar US, Inc. (“Trina”) brings this action against Respondents JRC-Services LLC (“JRC”) and Jasmin Solar Pty Ltd. (“Jasmin”) to confirm an arbitration award pursuant to which Respondents were ordered to pay Petitioner approximately $1.3 million. Respondents have moved to vacate the arbitration award. For the reasons discussed below, the Court denies Re...
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ORDER Before the Court is Defendants’ Motion to Dismiss and Brief in Support, filed September 29, 2016. On October 18, 2016, plaintiffs responded, and on October 25, 2016, defendants replied. Based on the parties’ submissions, the Court makes its determination. L Introduction1 Plaintiffs, Christina Scott (“Scott”) and her son B.P., allege that B.P was the victim of bullying at Kerr Middle School ...
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ORDER Before the Court are Defendant’s Motion for Summary Judgment (Dkt. 44) and the responsive pleadings and objections thereto. After reviewing the pleadings, the applicable law, and the factual record, the Court issues the following order. BACKGROUND Beginning in 2007, Plaintiff Magdalena Eubank was employed by Defendant Lock-hart Independent School District (“the District”) as a school counse...
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Case: 16-30137 Document: 00513837458 Page: 1 Date Filed: 01/17/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED ...
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Case: 15-41396 Document: 00513838006 Page: 1 Date Filed: 01/17/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED ...
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CIRi&E$IAL lln ttse @nite! btates [,ourt of Jfelersl @lsfmg No. 16-1621C FILED JAN I 7 2017 (Filed: January l7,2or7) ...
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APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT, HILO DIVISION (FC-D NO. 13-1-238) SUMMARY DISPOSITION ORDER Affirmed....
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+UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2730 ___________________________ Mark Christeson, lllllllllllllllllllllPetitioner - Appellant, ...
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ORDER CONTAINING FINDINGS OF FACT & CONCLUSIONS OF LAW Certain aspects of the employment relationship between American Airlines, a major commercial air carrier, and its pilots form the background to this case. The dispute at issue, however, involves a policy promulgated by the pilots’ union, the Allied Pilots Association. The policy denies a *1294minority of disabled pilots, who are inactive memb...
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MEMORANDUM OPINION AND ORDER Pending is Claimant Jason Douglas Proctor’s Complaint seeking review of the *496final decision of the Commissioner of the Social Security Administration (the “Commissioner”). (ECF No. 2.) By standing order filed in this case on January 5, 2016, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings of fact and ...
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Plaintiff Trikona Advisers, Ltd. (“TAL”) appeals from a decision of the district court for the District of Connecticut (Stefan R. Underhill, /.) granting summary judgment in favor of defendants Rakshitt Chugh, ARC Capital LLC, and other related corporate entities (the “Chugh Defendants”). TAL’s complaint alleged breaches of fiduciary duty by Chugh, a former partner and fifty-percent owner of TAL, ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 8, 2016 Decided January 18, 2017 No. 15–5107 ARTHUR S. WEST, APPELLANT v. LORETTA E. LYNCH, ATTORNEY GENERAL OF THE UNITED STATES, ET AL., ...
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Third District Court of Appeal State of Florida Opinion filed January 18, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-439 Lower Tribunal Nos. 10-29182 & 11-32522 ...
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Third District Court of Appeal State of Florida Opinion filed January 18, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-1310 Lower Tribunal No. 12-14183 ___...
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Appellant Luis Flores appeals the trial court’s denial of his motion to withdraw plea. As discussed below, the trial court erred in denying Appellant’s motion to withdraw plea because the court did not have jurisdiction to entertain that motion. Accordingly, we reverse and remand for the trial court to vacate its order. Background The State charged Appellant with attempted murder in the second deg...
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Francisco Jimenez, the husband, appeals a final judgment of dissolution of marriage. He argues that the trial court (1) failed,to consider all of the statutory factors before awarding permanent alimony, (2) made insufficient factual findings before prospectively increasing alimony, and (3) made insufficient factual findings before mandating that the husband maintain life insurance to secure alimon...
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Appellant School Board of Palm Beach County (“School Board”) appeals a final order entered by the State Board of Education (“State Board”) that determined the School Board lacked good cause to deny a charter school application. The School Board also challenges the constitutionality of the charter school application appeal statute. As set forth below, we affirm the constitutionality of the charter ...
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The former wife appeals a final judgment of dissolution awarding her exclusive use and possession of the marital home, but leaving title in the name of both parties. She argues the trial court erred in not awarding her 100% of the home, not ordering the former husband to pay prior and future expenses for the home, and in not awarding her alimony, attorney’s fees, and costs. We affirm except for th...
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We reverse the order denying appellant’s motion for postconviction relief arid remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla. 2016). Appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in Chapter 2014-220, Laws of Florida. Id. at 1050; Michel v. State, 204 So.3d 101 (Fla. 4th DCA 2016) (certifying conflict with Stallings v. State, 198 So...
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ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Eric Chiadikobi Anunobi committed the following professional misconduct: failing to maintain the required trust account books and records, resulting in shortages in his trust account and the unintentional misappropriation of client funds; and disclosing i...
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AMENDED MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff’s Motion for Summary Judgment as to Sa-meer Sethi (Dkt. # 195). After reviewing the relevant pleadings and motion, the Court finds that the motion should be granted. BACKGROUND As early as January 2014, Defendant Sameer Sethi and his company, Sethi Petroleum, LLC (“Sethi Petroleum”), began offering investors positions in t...
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Cite as 2017 Ark. App. 7 ARKANSAS COURT OF APPEALS DIVISION I No.CV-16-436 OPINION DELIVERED: JANUARY 18, 2017 CYNTHIA BUTLER FARRELL APPELLANT APPEAL FROM THE SEBASTIAN ...
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FILED United States Court of Appeals Tenth Circuit January 18, 2017 PUBLISH Elisabeth A. Shumaker ...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS January 18, 2017 ...
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After a two-week trial, Mitchell Stein, a lawyer, was convicted of mail, wire, and securities fraud based on evidence that he fabricated press releases and purchase orders to inflate the stock price of his client Signalife, Inc., a publicly-traded manufacturer of medical devices. The district court sentenced Mr. Stein to 204 months’ imprisonment, over $5 million in forfeiture, and over $13 million...
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Case: 15-15060 Date Filed: 01/18/2017 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15060 ________________________ ...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ Nos. 15-3353, 15-3354 and 15-3355 ______________ IN RE: VEHICLE CARRIER SERVICES ANTITRUST LITIGATION Direct Purchaser Plaintiffs Cargo Agents, Inc.; International Tr...
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These consolidated appeals raise a single issue: whether the district court erred by adjusting Paul Winfield’s offense level upwards based on the court’s finding that Winfield “maintained” his apartment for distributing controlled substances, see U.S.S.G. § 2Dl.l(b)(12). Winfield argues that the guideline doesn’t apply here because drug dealing was not among his “primary or principal” uses for the...
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“Water, water, everywhere / Nor any drop to drink.”2 Because New York City cannot tap the rivers, bays, and ocean that inhabit, surround, or, on occasion, inundate it to slake the thirst of its many millions of residents, it must instead draw water primarily from remote areas north of the City, mainly the Catskill Mountain/Delaware River watershed west of the Hudson River, and the Croton Watershed...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RAUL BARAJAS-ROMERO, No. 13-70520 Petitioner, Agency No. v. A017-190-075 LORETTA E. LYNCH, Attorney General, OPINION Respon...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SLEP-TONE ENTERTAINMENT No. 14-17229 CORPORATION; PHOENIX ENTERTAINMENT PARTNERS, D.C. No. LLC, 2:12-cv-02631-NVW Plaintiffs-Appellants, v. OPINION ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAFARI CLUB No. 14-56236 INTERNATIONAL; JOAN WHIPPLE, D.C. No. Plaintiffs-Appellees, 8:13-cv-01989-JVS-AN v. OPINION DR. LA...
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MEMORANDUM OF OPINION Before the Court is Defendants’, Midland Funding, LLC, and Midland Credit Management, Inc. (collectively “Midland”), Motion for Summary Judgment (Doc. 25), as well as Plaintiff Michael Motes’s (“Motes”) First Motion to Strike (Doc. 33) and Motion to Strike ' (Doc. 39). Motes brought this action alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 e...
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In the United States Court of Federal Claims Nos. 13-0006C, 13-6000C thru 13-6356C (Consolidated) (Filed: January 18, 2017) ) Keywords: Breach of Contract; United PUBLIC HOUSING AUTHORITIES ) States v. Winstar Corp.; Incorporation DIRECTORS ASSOCIATION, ) by Ref...
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In the United States Court of Federal Claims No. 15-1555C (Filed: January 18, 2017) ) SEH AHN LEE, et al., ) Motions for reconsideration and for leave ) to file an amended complai...
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FILED Jan 18 2017, 8:20 am CLERK Indiana Supreme Court ...
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FILED Jan 18 2017, 8:27 am CLERK Indiana Supreme Court ...
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OPINION Chico Auto Parts & Service, Inc. appeals from an order granting summary judg*566ment in favor of Craig Crockett on its claims for breach of contract, quantum me-ruit, and fraud, in which Chico sought to be reimbursed for cleaning up a well site. Chico contends the trial court erred in granting Crockett’s motion for traditional summary judgment, because Crockett failed to meet his initial ...
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OPINION Appellant E.H. was charged with engaging in delinquent conduct by three acts of aggraváted sexual assault of a child younger than 14 years of age, and two acts of indecency by sexual contact with a child younger than 17 years of age. The jury found that E.H. had engaged in two of the three acts of aggravated sexual assault and both acts of indecency with a child by sexual contact. The tria...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0011p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT BOBBY DODD, ┐ Plaintiff-Appellant, │...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0012p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ...
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OPINION AND ORDER Defendant Appriss moves that the court dismiss the case for lack of subject-matter jurisdiction on the grounds that the named plaintiffs don’t have standing to sue. Fed. R. Civ. P. 12(b)(1); U.S. Const, art. Ill, § 1. The court holds that the plaintiffs *811have standing and allows this case to proceed. I. Background Plaintiffs Rachel Whitaker and Richard Dunkin allege the follo...
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MEMORANDUM AND ORDER1 Pending before the Court is a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (“Rule 12(c)”) filed by defendants Jose Guillermo Rodriguez, Lorraine Bengoa-Toro, and Osvaldo Rodriguez, in their personal capacity, requesting dismissal of the federal claims against them. (Docket No. 19.) The plaintiff, Alberto Ruben Irizzary-Robles, opposed...
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MEMORANDUM AND ORDER Plaintiff Garden City Apartments, LLC (“plaintiff’) brings this' diversity action against Xcel Plumbing of New York, Inc: (“defendant”) for breach of contract and negligence under New York law.1 Defen*348dant now moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and argues that plaintiffs potential recovery from defendant is limited by a s...
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Filed 1/18/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 255 In the Matter of a Petition to Permit Temporary Provision of Legal Services by Qualified Attorneys From Outside North Dakota No. 20160436 Per Curiam. [¶1] On December 14, 2016, eight North Dakota licensed lawyers and two lawyers licensed in another state but temp...
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OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. NACHIMSON OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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OPINION AND ORDER GRANTING THE GOVERNMENT’S AMENDED MOTION FOR RECONSIDERATION (Dkt. 41); VACATING THIS COURT’S SEPTEMBER 14, 2016 OPINION & ORDER (Dkt. 39); DENYING DEFENDANT’S MOTION TO VACATE HIS SENTENCE (Dkt. 31); AND GRANTING A CERTFICATE OF APPEALABIL-TIY Defendant filed a motion to vacate his sentence under 28 U.S.C. § 2255 (Dkt. 31), *773invoking the Supreme Court’s recent decision in Jo...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01228-COA SARA JANE KOCH A/K/A SARA KOCH A/K/A APPELLANT SARA J. KOCH v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 07/24/2015 TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS JR. COURT FROM WHICH APPEALED: HA...
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FOR THE COURT: ¶ 1. This is an appeal from Forrest County Chancery Court where the chancellor awarded sole physical custody of the minor child to Anna Teresa Latourney Bruenderman (Anna). The chancellor also awarded to Anna all of the equity realized in the sale of the marital home. On appeal, Tyrone Ron Bruenderman (Ty) asserts that, in the chancellor’s custody analysis, the chancellor erred by (...
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OPINION I. INTRODUCTION This case concerns an insurance coverage dispute between Plaintiff Eizen Fineburg & McCarthy, P.C. (“the Firm”),1 and its insurer, Defendant Ironshore Specialty Insurance Company (“Ironshore”). Plaintiff alleges that Ironshore failed to honor the terms of the Finn’s professional liability insurance contract, and exhibited bad faith in its handling of the Firm’s claim in vi...
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FOR THE COURT: ¶ 1. This is an appeal from Forrest County Circuit Court where former municipal judge Vanessa Jones filed suit against the City of Hattiesburg (City) and other unknown defendants asserting that she was wrongfully terminated and that unknown city officials, in their official capacities, committed slander, menace, outrage, and intentional infliction of emotional dis*818tress against h...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01428-COA ELIZABETH GRAHAM AND MATTHEW APPELLANTS GRAHAM v. JAMES R. "JAMIE" FRANKS, JR. AND APPELLEES WHEELER AND FRANKS LAW FIRM, P.C. DATE OF JUDGMENT: 08/25/2015 TRIAL JUDGE: ...
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SENTENCING MEMORANDUM I. INTRODUCTION On January 17, 2017, this Court sentenced Kent Leroy Sorenson (“Defendant”) to a term of incarceration of fifteen months. This memorandum explicates the Court’s analysis and reasoning for the sentence. On August 27, 2014, Defendant pled guilty to one count of willfully causing false reports of federal campaign expenditures in violation of 52 U.S.C. § 30109(d)...
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RULING ON DEFENDANTS’ MIOTION TO DISMISS AND PLAINTIFFS’ MOTION TO RECONSIDER On October 14, 2011, Plaintiffs LEGO A/S and LEGO Systems, Inc. (collectively “Lego” or Plaintiffs) initiated this action, alleging infringement of two copyrights filed in 1994, VA 655-104 and VA 655-230 (the “Minifigure Copyrights”). The Complaint, as amended on August 30, 2012, alleges that Defendants Best-Lock Constr...
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MEMORANDUM OPINION Defendant Lauden Sullivan seeks suppression of all evidence seized from his residence at 1216 West Jackson Street, Painesville, Ohio on January 22, 2016, as well as statements made by Sullivan to federal agents. (Doc. No. 13 [“Mot.”].) It is defendant’s position that a 2015 warrant issued by a magistrate judge sitting in the Eastern District of Virginia, which permitted the FBI...
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MEMORANDUM AND ORDER DENYING STAY The City of Pasadena is appealing the injunction issued on January 16, 2017 and wants this court to stay enforcement until the appellate court decides.1 A stay would likely result in another City Council election held under the map and plan that the court found to violate the federal Voting *585Rights Act and the United States Constitution. Based on the record an...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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ORDER Granting a Certificate of Appealability “Unless a circuit justice or [district] judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from—(A) the final order in a ha-beas corpus proceeding in which the detention complained of arises out of process issued by a state court.” 28 U.S.C. § 2253(c)(1)(A). See, e.g., Bryant v. McDonald, 586 Fed.Appx. 290,...
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Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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MEMORANDUM AND ORDER This case concerns two civil actions filed in the Sacramento County Superior Court (the “Underlying Actions”). Those suits seek to hold AR Business Group, Inc. d/b/a US Tire & Wheel (“USTW”) liable for deaths and injuries that resulted from a motor vehicle accident. USTW was insured at the time by the plaintiff in this suit, Praetorian Insurance Co. Praetorian brought this su...
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OPINION AND ORDER This matter came before the Court on December 15 through 18, 2015, for a bench trial of plaintiffs’ Third Amended Complaint (Doc. # 58). The Court heard testimony from plaintiffs Bonita B. Phillips and Jeffrey S. Phillips; James E. Green, Jr., the Chief Financial Officer (CFO) and Senior Vice President of defendant Epic Aviation, LLC; Marsha Griffin Rydberg and David Boyette, tw...
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ORDER INTRODUCTION Plaintiff The Phoenix Insurance Company (Phoenix) brought this declaratory judgment action for a determination of its rights and obligations under a Commercial General Liability (CGL) policy issued to Defendant Ed Boland Construction, Inc. (EBC). Phoenix seeks a ruling that it has no duty to defend EBC in the federal lawsuit entitled Northbank Civil & Marine, LLC v. Ed Boland C...
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ORDER On August 19, 2016, this appeal was taken by the appellant Rebecca Sarazin (“Sarazin”) from an August 5, 2016 order of the bankruptcy court in bankruptcy case number 15-21681. (Docket # 1). The order overruled Sarazin’s objection to appellee Shawn Sternat’s (“Sternat”) homestead exemption and granted Sternat’s motion to avoid Sarazin’s judicial lien. (Docket # 1-2). The appeal is now fully ...
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ORDER These consolidated cases come before the Court on Defendants’ respective motions to dismiss Plaintiffs complaints against them and Plaintiffs motions for preliminary injunctive relief. The parties have completed their briefing and the Court is otherwise fully advised on the premises. Upon consideration, Defendants’ motions to dismiss will be granted, Plaintiffs motions for preliminary injun...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1800 In Re: GREGORY BIRMINGHAM, Debtor. -------------------------- GREGORY BIRMINGHAM, Plaintiff - Appellant, v. PNC BANK, N.A., Defendant ...
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*195ORDER Holland Hardaway, a Michigan prisoner proceeding pro se, filed a notice of appeal from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. Hardaway has now filed an application for a certificate of appealability (COA). See Fed. R. App. P. 22(b). In 1994, a Michigan jury convicted Hardaway of second-degree murder in violation of Michigan Compiled Laws § 750....
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dissenting in part and concurring in part. It is no secret that the City of Chicago would prefer to reduce the number of guns in Chicago. The City faces enormous public and political pressure to reduce its gun violence problem (4,638 shootings in 2016)1, while at the same time upholding the Second Amendment rights of its citizens as set forth in the case law emerging from District of Columbia v. H...
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0Rt6tr\\IAt lln tbe @nitr! $ltxtts @ourt of ftlprul @luftns No. 16-570 Fifed: January 17,20'17 FILED * * 't * *:r * * + * '+ :t * * * * t ** ,t * JAN 1 7 ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-01509-COA BETH DONALDSON, COLIE DONALDSON AND APPELLANTS COBY DONALDSON v. DOMINIC OVELLA APPELLEE DATE OF JUDGMENT: 10/01/2014 TRIAL JUDGE: HON....
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ORDER In 2015, an Atlanta restaurant empire fell apart rather suddenly. Employees at the various establishments, including plaintiff Brandon Coleman, contend they received no pay for the last week they worked. In this case and others, they seek to recover that pay from the restaurant companies (Here to Serve Restaurants, Inc. and H2S Holdings, LLC) (“H2S”), their owner (Leigh Catherall), and the ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ARON DIBACCO, et al., Substitute Plaintiffs for Carl Oglesby, v. Civil Action No. 87-3349 (CKK) U.S. DEPARTMENT OF THE ARMY, et al., Defendants. MEMORANDUM OPINION ...
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MEMORANDUM OPINION ON MOTION FOR ORDER EFFECTING RELEASE Sufyian Barhoumi is detained, by the Department of Defense at Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (2001). On his petition for release by habeas corpus, this Court, in a decision affirmed by the D.C. Circuit Court of Appeals, held that he was *86legally detained as “...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) SERVICE EMPLOYEES INTERNATIONAL, ) UNION NATIONAL INDUSTRY PENSION ) FUND, et al., ) ) Plaintiffs, ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA R. DANNY HUNTINGTON, Plaintiff, v. Civil Action No. 15-2249 (JEB) U.S. DEPARTMENT OF COMMERCE, Defendant. MEMORANDUM OPINION Plaintiff R. Danny Huntington, an intellec...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) JOHNNY RAY CHANDLER, ) ) Plaintiff, ) ) v. ) ...
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ORDER AND OPINION GRANTING PLAINTIFF’S MOTION TO REMAND TO STATE COURT The State of South Dakota sued Defendants Wayfair, Inc., Overstock.com, Inc., and Newegg, Inc.1 in state circuit court to *1028enforce a new state law requiring the remittance of sales tax on internet sales to South Dakotans by sellers lacking a physical presence within South Dakota. Doc. 1-1. Defendants removed the action to ...
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Application for stay of execution of sentence of death presented to THE CHIEF JUSTICE and by him referred to the Court denied....
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ORDER GRANTING SUMMARY JUDGMENT THIS MATTER is before the Court on Plaintiffs Motion for Summary Judgment [DE 42] on its breach of contract claim in this diversity action.1 In February 2016, Defendant terminated a fixed price forward contract, whereby Defendant agreed to purchase from Plaintiff monthly quantities of fuel between January and December 2016. There is no dispute as to the material fa...
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FILED 3Jn tbe mtntteb ~tates ORIGINAL Id. A stronger electromagnetic beam, focused in a direction, is capable of traveling "across great distances and at very precise angles" to communicate with spec...
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APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (MECHANIC LIEN NO. 13-1-0004(2)) *294MEMORANDUM OPINION Vacated. Remanded....
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APPEAL PROM THE CIRCUIT COURT OP THE THIRD CIRCUIT (CR. NO. 15-1-097K) MEMORANDUM OPINION Affirmed....
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APPEAL PROM THE DISTRICT COURT OP THE FIFTH CIRCUIT (CASE NO. 5DTA-15-00007) SUMMARY DISPOSITION ORDER Affirmed....
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The following order has been entered on the motion filed on the 16th of January 2017 by Southern States Police Benevolent Association *806and North Carolina Police Benevolent Association for leave to file Amicus Curiae Brief:"Motion Allowed by order of the Court in conference, this the 17th of January 2017."Unless already submitted, the Amicus Brief shall be submitted to the court within the times...
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DECISION AND ORDER Plaintiffs Tracy Albert, Dimitrios Malax-ianis, and Tatyana Oshkina (collectively, “Plaintiffs”) brought the consumer class action before this Court on behalf of themselves and all others similarly situated asserting misrepresentation claims against Blue Diamond Growers (“Blue Diamond”). Blue Diamond now moves to stay this action pending approval of settlement proceedings in a p...
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State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: January 19, 2017 107581 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER DOUGLAS R. EVE...
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ORDER CONCERNING COURT’S ABILITY TO REQUIRE PLAINTIFFS TO SIGN HIPAA MEDICAL AUTHORIZATION FORMS The parties in both cases designated above are simultaneously involved in an identical discovery issue: whether the Court can require Plaintiffs to sign a HI-PAA1 medical authorization form for the release of medical records from third party healthcare providers because they have placed the physical an...
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MEMORANDUM AND ORDER Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation (together, “ACLU”), commenced this Freedom of Information Act (“FOIA”) action seeking the disclosure of a May 2003 memorandum concerning common commercial service agreements written by the Department of Justice (“DOJ”) Office of Legal Counsel (“OLC”) (the “Memorandum”). Currently before the...
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Case: 15-11078 Document: 00513840322 Page: 1 Date Filed: 01/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-11078 ...
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The Court has determined that the order on appeal is not “one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.” Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, appellee’s motion to dismiss is gra...
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MEMORANDUM OPINION AND ORDER Plaintiff, Students for Fair Admissions, Inc. (“SFFA”), initiated this action against Defendants, the University of North Carolina and members of its board of governors, the University of North Carolina at Chapel Hill and members of its board of trustees and various school officials (collectively "UNC-Chapel Hill”),1 alleging that the use of race in UNC-Chapel Hill’s ...
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ORDER THIS MATTER is before the Court upon Defendant JPMorgan Chase Bank, N.A.’s Motion To Dismiss Plaintiffs Com*1218plaint (DE 13). The Court has carefully reviewed said Motion, the entire court file and is otherwise fully advised in the premises. The single, dispositive question of law before the Court concerns a mortgage ser-vicer’s obligations under the Real Estate Settlement Procedures Act ...
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OPINION Defendant City of Newark moves under Federal Rule of Civil Procedure 12(b)(6) to dismiss the seven count Complaint filed by Plaintiffs Newark Cab Association et al., (“Plaintiffs”). EOF No. 8. Plaintiffs filed their opposition to Defendant’s motion on *641November 7, 2011. ECF No. 11. The motion being fully briefed and ripe for adjudication, is decided without oral argument under Federal R...
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OPINION Mary Jane Suggs lost her home to foreclosure in June 2013. To avoid eviction, she sued in state court with the help of a lawyer, and then sued in this Court with the help of the internet. Through her downloaded complaint, Suggs asserts ten causes of action against three defendants. Two defendants escaped the case because Suggs did not serve them as required by the applicable rales. The re...
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ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DENYING MOTION TO DISMISS THE MATTER was referred to the Honorable John J. O’Sullivan, United States Magistrate Judge for a Report and Recommendation on Defendant’s Motion to Dismiss, filed on June 10, 2016. The Magistrate Judge filed a Report and Recommendation (D.E. No.30) filed on November 28, 2016. The Court has reviewed the enti...
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which petitioner has objected. The Court accepts the findings and recommendatio...
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MEMORANDUM OPINION AND ORDER INTRODUCTION On May 9, 2013, Shaun Durand died after three days in intensive care at Fair-view Ridges Hospital (“the Hospital”) in Burnsville, Minnesota. Shaun’s parents, Roger and Linda Durand, and his sister, Priscilla Durand, then commenced this action against Defendant Fairview Health Services (“Fairview”), operator of the Hospital, alleging that it violated federa...
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In the United States Court of Federal Claims No. 15-804V (Filed: January 3, 2017)* Opinion originally filed under seal on December 13, 2016 ) JEFF CURRAN, ) ) Petit...
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UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before MULLIGAN, FEBBO, AND WOLFE Appellate Military Judges UNITED STATES, Appellee v. Sergeant FRANCIS A. CARISTA United States Army, Appel...
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FILED United States Court of Appeals Tenth Circuit January 19, 2017 PUBLISH Elisabeth A...
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Philadelphia Indemnity Insurance Company (“Philadelphia”) and Lexington Insurance Company (“Lexington”) insured the same school building that suffered fire damage. In this declaratory judgment action, they dispute their relative responsibilities to pay for the loss. Charter school Tulsa School of Arts and Sciences (“TSAS”) leased the Barnard Elementary School building from the Independent School D...
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Judge LIVINGSTON concurs in part and dissents in part in a separate opinion. Appeal from United States District Court for the Eastern District of New York (Joanna Seybert, /.) judgment in favor of plaintiffs-appellees John Restivo and Dennis Halstead following a jury trial. Defendant-appellant Carolann Hessemann, as executrix of the Estate of Joseph Volpe, (“Volpe”) challenges the district court’...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-1445 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ERIC A. BLOOM, Defendant-Appellant. ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1560 ___________________________ John Maxwell Montin lllllllllllllllllllll Plaintiff - Appellant v. ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1760 ___________________________ Justin Guenther, Special Administrator, Estate of Semmie John Guenther lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2006 ___________________________ Missouri Broadcasters Association; Meyer Farms, Inc.; Uncle D's Sports Bar & Grill, LLC; Zimmer Radio of Mid-MO, Inc. ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RETAIL WHOLESALE & No. 14-16433 DEPARTMENT STORE UNION LOCAL 338 RETIREMENT D.C. No. FUND, 3:12–cv–04115–JST Plaintiff-Appellant, v. OP...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DANIEL NORCIA, on his own No. 14-16994 behalf and on behalf of all others similarly situated, D.C. No. Plaintiff-Appellee, 3:14-cv-00582-JD v. OPINION SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a New...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-10096 Plaintiff-Appellee, D.C. No. v. 3:14-cr-08122-SPL-1 ROY RED JOEY, Defendant-Appellant. OPINION Appeal from the United States District Co...
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OPINION AND ORDER REGARDING DEFENDANTS’ MOTION TO SUPPRESS EVIDENCE Defendants Sidney Dowl and Angela Avery are charged in a 23-count indictment with conspiring to defraud the Internal Revenue Service (the “IRS”) and the U-S. Treasury by preparing and filing false individual income tax returns to collect tax refund payments (Count 1), filing false claims (Counts 2-15), and aggravated identity thef...
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OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION TO STAY ARBITRATION (ECF #5) In 2005, Plaintiff Arabian Motors Group W.L.L. (“Arabian Motors”), a Kuwaiti automobile dealer, and Defendant Ford Motor Company (“Ford”) entered into an agreement under which Ford sold vehicles to Arabian Motors for resale to customers in the Middle East (the “Resale Agreement”). The Resale Agreem...
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dissenting. I respectfully dissent. The majority’s explanation of the statutory framework of the issue before us is commendable. I disagree only with the majority’s interpretation of this -statutory framework. As noted by the majority, a patient who has filed an action seeking less than $15,000 in damages directly in a trial court may dismiss that action. and thereafter have the benefit of the nor...
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FILED Jan 19 2017, 8:08 am CLERK Indiana Supreme Court Court of Appeals ...
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Dismissed Concurs Concurs...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TYLER HERTZSKE, Appellee, v. ...
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MEMORANDUM OPINION AND ORDER This criminal action is before the Court on the Report and Recommendation of *695Magistrate Judge C. Clifford Shirley, Jr., entered on December 14, 2016 [Doc. 67] (the “R & R”), which addresses the defendant’s motions to suppress [Docs. 35, 59] and motion to dismiss the superseding indictment [Doc. 43]. After consideration of the defendant’s motions, Judge Shirley rec...
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Case: 15-11749 Date Filed: 01/19/2017 Page: 1 of 22 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-11749 _____________...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2487 CONSTANCE L. PATTERSON, Plaintiff – Appellant, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant – Appellee. Appeal from the United States District Court for t...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4193 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONALD L. BLANKENSHIP, Defendant - Appellant. ---------------------...
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In the United States Court of Appeals For the Seventh Circuit ____________________  No. 15‐2619  RIGOBERTO VELASQUEZ‐BANEGAS,  Petitioner,  v.  LORETTA E. LYNCH, Attorney General of the United States,  ...
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IN THE TENTH COURT OF APPEALS No. 10-15-00032-CR DAMON LAVELLE ASBERRY, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court ...
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Affirmed Concurs Concurs...
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FILED Jan 19 2017, 9:02 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed and Remanded Concurs Concurs...
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OPINION Opinion by Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield of the capital murder of Eunice Lowe and assessed his punishment at death. On automatic review, the Texas Court of Criminal Appeals found error related to the exclusion of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety. See Hartfield v. State (Hartfield ...
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OPINION Appellant, Alborz Datar, sued appellee, National Oilwell Vareo, L.P. (“NOV”), for various disability discrimination and retaliation claims under the Texas Commission on Human Rights Act (“TCHRA”) and the Texas Workers’ Compensation Act (“TWCA”). The trial court granted summary judgment in favor of NOV, dismissing all of Datar’s claims. Datar argues in three issues on appeal that the trial...
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OPINION A jury convicted appellant, Jason Robinson, of the first-degree felony offenses of aggravated kidnapping and aggravated sexual assault.1 After appellant pleaded true to the allegations in an enhancement *820paragraph, the trial court assessed his punishment at forty-five years’ confinement for both offenses, to run concurrently.2 In three issues, appellant contends that (1) his trial couns...
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OPINION ON REHEARING Appellee Dresser-Rand Company has filed a motion for rehearing and a motion for en banc reconsideration of our July 21, 2016 opinion and judgment. We grant the motion for rehearing, withdraw our opinion and judgment of July 21, 2016, and issue this opinion and a new judgment in their stead. Accordingly, we dismiss the motion for en banc reconsideration as moot. See, e.g., Bro...
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MEMORANDUM OPINION Appellants Sandra and Thomas' Jeter appeal from a judgment signed September 15, 2015. On January 29, 2016, we were advised that Sandra Jeter filed for bankruptcy in the Southern District of Texas. Accordingly, we stayed the appeal, The appeal was reinstated' on August 16, 2016. The' clerk’s record was previously filed on January 13, 2016. No reporter’s record was filed. On Octob...
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ORDER This matter is before the Court on defendant Craig Hospital’s motion for summary judgment [ECF No. 17], For the reasons described below, the motion is GRANTED. *1226I.FACTS The following facts are not in dispute unless otherwise noted. Plaintiff Lilia Smith-Megote is a former employee of defendant Craig Hospital (“Craig”). ECF No. 1 at ¶¶13-14 (Complaint). In July of 2015 she requested leave...
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MEMORANDUM Following a workplace accident involving a tool cart, Plaintiffs Lou Montgomery and Melissa Montgomery filed this lawsuit against the cart’s manufacturer, Jamco Products, Inc. (“Jamco”), and Mr. Montgomery’s employer, CSX. Transportation, Inc. (“CSXT”). Now pending is Defendant CSXT’s Motion to Exclude Expert Testimony and Motion for Summary Judgment [ECF No. 120]. I have considered tha...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-SA-01011-COA CHARLES D. EASLEY APPELLANT v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPELLEE DATE OF JUDGMENT: 06/02/2015 TRIAL JUDGE: HON. WINSTON...
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MEMORANDUM OPINION AND ORDER The plaintiff, Scott Gagnon, seeks review of the final decision of the Commissioner (“Commissioner”) of the Social Security Administration (“Agency”) finding that he is liable for an overpayment of Social Security Disability Insurance Benefits in the amount of $31,408.70 for the period of June 2007 through April 2012. (Administrative Record (R.) 9-10). Mr. Gagnon seek...
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MEMORANDUM OPINION AND ORDER Plaintiff Stephanie Kaplan (“Plaintiff’) alleges that, beginning in the fall of 2014, defendant Kimberly Jewett (“Defendant”) engaged in an extra-marital affair with Plaintiffs husband, Dr. Keith Kaplan (“Dr. Kaplan”). First Am. Compl. [8]. On April 16, 2015, Plaintiff filed suit in this Court under the Illinois Alienation of Affections Act, 740 ILCS 5/1 et seq., and ...
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MEMORANDUM This is an unfortunate case of a falling out between employer and employee. Plaintiff Thomas K. Vaughan, Jr., an African American, worked for Defendant The Boeing Company for eighteen years before being fired for an altercation with a supervisor. Shortly after Vaughan was rehired under a probationary agreement and assigned a different role, he violated a Boeing safety-related employee ...
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{¶ 1} Shannon C. Boston, Attorney Registration No. 0068515, last known business address in Westerville, Ohio, who was admitted to the bar of this state on November 10, 1997, submitted an application for retirement or resignation *1248 pursuant to Gov.Bar R. VI(ll). The application was referred to disciplinary counsel pursuant to Gov.Bar R. VI(11)(B). On December 20, 2016, the Office of Attorney...
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OPINION AND ORDER ON MOTION TO DISMISS (Doc. 21) Donald Routhier, the owner of a tavern in Barre, Vermont, and Michelle Routhier, a bartender at the tavern, have sued William Goggins and Michael Welch, agents of the Vermont Department of Liquor Control. The Routhiers allege that Goggins and Welch violated their civil rights by conducting a warrantless administrative search and by seizing a video ...
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DECISION AND ORDER INTRODUCTION Over ten years ago, Plaintiff Jolly Manoj Caplash (“Plaintiff’) filed a Form 1-130 family-based immigration petition on behalf of his brother with the United States Citizenship and Immigration Service (“US-CIS”). Plaintiff later relocated and did not update his address with USCIS. As a result, he did not receive USCIS’s request for evidence and notice of the denial...
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concurring in part and dissenting in part. I concur in the majority’s conclusion that Gaskin’s claim of improper doubling is untimely and proeedurally barred. See majority op. at 401. However, I respectfully dissent from the majority’s decision not to apply Hurst v. Florida, — U.S. -, 136 S.Ct. 616, 193 L.Ed.2d 604 (2016), retroactively. I dissent because Hurst v. Florida does apply retroactively ...
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ORDER Before the Court in this 42 U.S.C. § 1983 case is Plaintiff S & M Brands, Inc.’s motion for preliminary injunction. Doe. 4.1 S & M, a tobacco product manufacturer, contends that a model escrow agreement promulgated by the Georgia Attorney General violates the Contracts and Equal Protection Clauses of the United States Constitution, as well as exceeds his authority under Georgia law. If impl...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 4 OCTOBER TERM, A.D. 2016 January 19, 2017 BRANDON JOE OVERSON, Appellant (Defendant), v. ...
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Order Denying Maruyasu Industries Co., Ltd.’s Motion to Dismiss the Indictment for Lack of Personal Jurisdiction and Curtis Maruyasu America, Inc.’s Motion to Transfer Venue This matter is before the Court on two pending Motions, Defendant Maruyasu Industries Co., Ltd.’s Motion to Dismiss the Indictment for Lack of Personal Jurisdiction (Doc. 48) and Defendant Curtis Maru-yasu America, Inc.’s Mot...
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ORDER DENYING MOTION FOR RECONSIDERATION Upon consideration of Petitioner/Defendant-Appellee/Cross-Appellant Chester Pac-quing’s motion for reconsideration, filed on January 9, 2017, the papers in support thereof, and the records and files herein, IT IS HEREBY ORDERED that the motion is denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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*1213Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of mandamus denied....
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MEMORANDUM OPINION Petitioner is a citizen of Morocco who is currently detained by the Department of Defense (“DoD”) at Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force, Pub. Law 107-40, 115 Stat. 224 (2001) (“AUMF”). On April 15, 2005, Petitioner filed a [1] Petition for Writ of Habeas Corpus with the Court seeking release from his detention. Most recently, and at the...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANICA ASHBOURNE, Plaintiff, v. Civil Action No. 16-908 (CKK) DONNA HANSBERRY, et al., Defendants. MEMORANDUM OPINION (March ...
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Builders Bank is insured and regulated by the Federal Deposit Insurance Corporation, which conducts a “full-scope, on-site examination” every 12 to 18 months, 12 U.S.C. § 1820(d). After an examination in June 2015 the FDIC assigned the Bank a rating of 4 under the Uniform Financial Institutions Rating System. The parties call this a CAMELS rating, after the System’s six components: capital, asset ...
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT I. INTRODUCTION John Doe (“Plaintiff’) filed suit against Lynn University (“Defendant”) alleging that university disciplinary proceedings against him for sexual misconduct violated Title IX’s prohibition against discrimination on the basis of gender. DE 1. Plaintiff also brought state law claims for breach of contract and b...
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Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the United States Court of Appeals for Fifth Circuit denied....
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ORDER AND OPINION GRANTING SUMMARY JUDGMENT TO PLAINTIFF Plaintiffs seek release under the Freedom of Information Act of a cache of photographs taken at the Abu Ghraib prison and other military detention facilities in Iraq and Afghanistan by U.S. Army personnel between 2003 and 2005, which depict individuals apprehended and detained abroad after September 11, 2001. The Government resists producti...
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*1344Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of mandamus denied....
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Petition for writ of prohibition denied....
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APPEAL PROM THE CIRCUIT COURT OP THIRD CIRCUIT (CIVIL NO. 12-1-0644 (GKN)) MEMORANDUM OPINION Affirmed....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Michigan denied....
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Transfer denied. All Justices concur....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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The following order has been entered on the motion filed on the 19th of January 2017 by State of NC for Temporary Stay:*101"Motion Allowed by order of the Court in conference, this the 19th of January 2017."...
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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ORDER DENYING DEFENDANT’S MOTION FOR ADVANCEMENT OF LEGAL EXPENSES (ECF No. 59) Presently before the Court is Defendant Denis Bouboulis’ Motion for Advancement of Legal Expenses. (“Mot.,” ECF No. 59.) Also before the Court is Plaintiff Allergia, Inc.’s Response in Opposition to, (“Opp’n,” ECF No. 62), and Defendant’s Reply in Support of, (“Reply,” ECF No. 64), Defendant’s Motion. Plaintiff also f...
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MEMORANDUM AND ORDER In this wage and hour case, before me for all purposes pursuant to 28 U.S.C. § 636(c), nine food service workers assert claims under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (FLSA), and New York Labor Law §§ 190 et seq. and 650 et seq. (NYLL), against the owners and operators of the restaurants where they were formerly employed. Defendants have moved to disquali...
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OPINION Two police officers arrested appellant Charles Richard Joseph for operating a motor vehicle without possessing his license. See Tex. Transp. Code § 521.025. They searched his car and found a baggie of cocaine. Appellant asked why he was being arrested, and an officer showed him the cocaine. In response, appellant said the cocaine was his and he bought it thirty minutes beforehand. A jury ...
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The following order has been entered on the motion filed on the 17th of January 2017 *807by N.C. Advocates for Justice for leave to file Amicus Curiae Brief:"Motion Allowed by order of the Court in conference, this the 19th of January 2017."Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i)....
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The following order has been entered on the motion filed on the 17th of January 2017 by Professional Fire Fighters and Paramedics of North Carolina for leave to file Amicus Curiae Brief:"Motion Allowed by order of the Court in conference, this the 17th of January 2017."Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by ...
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*41MEMORANDUM AND ORDER George LaBadie seeks habeas corpus relief to vacate his Massachusetts state court conviction for larceny by embezzlement, possession of counterfeiting equipment, and attempt to commit a crime. The Commonwealth has moved to have the petition dismissed as time-barred. I. BACKGROUND Although the procedural background of this ease is complex and potentially confusing, the factu...
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MEMORANDUM AND ORDER Ariel Hernandez seeks to vacate his Massachusetts state court convictions on armed robbery, first degree murder, armed home invasion, and weapons charges. Hernandez contends the Massachusetts state courts wrongfully denied: (1) his motion to suppress firearm evidence, (2) his motion to sever his trial from that of two co-defendants, and (3) his motion to sever the several char...
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MEMORANDUM ORDER This matter comes before the court on the Motion to Dismiss (“Motion”) and Memorandum in Support filed by Defendant Gail Hart (“Hart”) on June 8, 2015. ECF Nos. 10, 11. The Plaintiff filed a *867Memorandum in Opposition on June 22, 2016, ECF No. 22, and Hart filed a Reply on June 28, 2016, ECF No. 28, as well as a Request for Hearing on June 28, 2016. ECF No. 29. On July'5, 2016,...
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*479MEMORANDUM OPINION I. INTRODUCTION Plaintiff Kennard Lane (“plaintiff’), an inmate at the James T. Vaughn Correctional Center, Smyrna, Delaware, proceeds pro se and was granted leave to proceed in forma paupers. He filed this civil action on October 27, 2015. (D.I. 1) The court has jurisdiction pursuant to 28 U.S.C. § 1331. Before the court are defendant’s motion for summary judgment and moti...
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OPINION & ORDER Before the Court is a motion for summary judgment in the complex maritime action concerning the explosion and fire aboard the M/V MSC FLAMINIA (“Fla-minia”). How and why the explosion occurred, how it was handled, and who should be liable for any monetary loss, are among the issues being litigated in the primary action. The motion that is the *216subject of this Opinion & Order is...
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APPEAL PROM THE CIRCUIT COURT OP THE FIRST CIRCUIT (CIVIL NO. 08-1-1193) *295SUMMARY DISPOSITION ORDER Affirmed....
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STATE OF MINNESOTA IN SUPREME COURT A15-1172 Court of Appeals Chutich, J. Took no part, Hudson, J. State of Minnesota, Appellant, vs. ...
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ORDER At Wilmington this 19th day of January, 2017, having considered the Report and Recommendation issued by United States Magistrate Judge Sherry R. Fallon on December 30, 2016, and upon the expiration of the time allowed for objections pursuant to Rule 72 of the Federal Rules of Civil Procedure with no objections having been filed; IT IS ORDERED that: 1. Magistrate Judge Fallon’s Report and Re...
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MEMORANDUM DECISION INTRODUCTION The Court has before it cross motions for summary judgment filed by all parties here. The Court heard oral argument on the motions and took them under advisement. For the reasons set forth below, the Court will grant the motion filed by the plaintiffs and deny the motions filed by the defendants. SUMMARY OF DECISION The Idaho Department of Fish and Game (IDFG) rec...
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On Application for Rehearing This court’s opinion issued on Noyember 10, 2016, is withdrawn, and the following is substituted therefor. Atheer Wireless, LLC (“Atheer”), appeals from a judgment entered -by the Montgomery Circuit Court granting a motion for a summary judgment filed by the State Department of Revenue (“.the Department’^ and denying Atheer’s motion- to amend the complaint. We affirm ...
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•. Citizens, Bank. & Trust (“Citizens”) appeals from a judgment of the Bessemer Division of the Jefferson Circuit Court (“the trial court”) determining that a- security interest Citizens held in certain stock was subordinate to the rights Piggly Wiggly Alabama Distributing Company, Inc. (“Piggly Wiggly”), had in that same stock as a lien creditor. Because the amount of the lien far exceeded the'va...
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. Parichat Sutchaleo (“the wife”) appeals from a judgment of the Calhoun Circuit Court (“the trial court”) divorcing her from Somboon Sutchaleo (“the husband”). We affirm the judgment in part and reverse it in part. Procedural Background In the judgment at issue, the trial court awarded the parties joint legal custody of the parties’ minor child and stated, with regard to the “placement” of the ch...
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Margaret Ann Harrison (“the wife”) appeals from a June 25, 2015, order of the Winston Circuit Court (“the trial court”) declaring a prenuptial agreement (“the agreement”) entered into between the wife and Boyde Jerome Harrison (“the husband”) to be enforceable in a pending divorce proceeding between the parties. We affirm the judgment of the trial court. Facts and Procedural History The parties we...
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Alexander Marshall, by and through his conservator, Nathan Johnson, filed a petition, pursuant to § 41-22-20, Ala. Code 1975, a portion of the Alabama Administrative Procedure Act (“the AAPA”), § 41-22-1 et seq., Ala. Code 1975, in the Montgomery Circuit Court (“the trial court”) seeking judicial review of the denial by the Alabama Medicaid Agency (“the Agency”), following an administrative hearin...
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*629OPINION The dispute at the bottom of this putative class action began when two laptops, containing sensitive personal information, were stolen from health insurer Horizon Healthcare Services, Inc. The four named Plaintiffs filed suit on behalf of themselves and other Horizon customers whose personal information was stored on those laptops. They allege willful and negligent violations of the F...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2694 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATIVIDAD DE JESUS DURAN No. 12-70930 ESCOBAR, Petitioner, Agency No. A075-707-335 v. LORETTA E. LYNCH, Attorney OPINION General, Respondent. On Petit...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MARCUS LABERTEW, No. 14-15879 Judgment Creditor, AKA Mark Labertew; JANE DOE D.C. No. LABERTEW, husband and 2:13-cv-01785-DGC wife; JOHN MCDERMOTT, Judgment Creditor, AKA Jack McDermott; JENNIFER OPINION MCDERMOTT, husband and wife, ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CONSUMER FINANCIAL No. 14-55900 PROTECTION BUREAU, Petitioner-Appellee, D.C. No. 2:14-cv-02090-MWF- v. PLA GREAT PLAINS LENDING, LLC; MOBILOANS, LLC; OPINION PLAIN GRE...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STEPHEN YAGMAN, No. 14-56223 Plaintiff-Appellant, D.C. No. v. 2:14-cv-02330-GHK-E ERIC GARCETTI, GILBERT OPINION CEDILLO; PAUL KREKORIAN; BOB BLUMENFIELD; TOM LABONGE; PAUL KORETZ; NURY MARTI...
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Memorandum Opinion This is a case of an auditor that did his job too well, or not well enough. Since there are genuine disputes of material fact, that is for the jury to sort out. Plaintiff Charles Pratt worked for Defendant M & T bank for seventeen months until it fired him. During that time, Plaintiff worked in Defendant’s audit department on the information technology security team. Plaintiff ...
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FILED Jan 20 2017, 5:52 am CLERK Indiana Supreme Court ...
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IN THE SUPREME COURT OF IOWA No. 15–1255 Filed January 20, 2017 STATE OF IOWA, Plaintiff, vs. IOWA DISTRICT COURT FOR SCOTT COUNTY, Defendant. Certiorari to the Iowa District Court for Scott County, Christine Dalton, Judge. The State seeks certiorari review of th...
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OPINION This case involves a dispute between parents of a child as to the appropriate venue for the child’s schooling. Appellant, Gregory Keeton, the father, appeals from an order of the Meade Circuit Court adopting a recommendation of the Domestic Relations Commissioner (DRC). The DRC had recommended that the parties’ minor child be enrolled in the school district where Appellee, Anna Keith, the ...
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OPINION Robert Jones brings two appeals from a series of orders entered by the Rowan Circuit Court. The first appeal arises out of the trial court’s entry of a joint custody order, which awarded joint custody of the biological child of Robert Jones to Robert and his sister, Suszanne Jones.1 The second appeal arises out of orders issued subsequently to the custody order, one order directing Robert...
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FILED United States Court of Appeals Tenth Circuit PUBLISH J...
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Joseph Martinez-Armestiea (“Martinez”) was charged with two counts of carjacking, one count of using, carrying, and brandishing a firearm during a crime of violence, and four counts of illegal possession of firearms seen in photographs on Martinez’s cell phone. He pled guilty to the carjacking counts and not guilty to the others. After a three-day jury trial, Martinez was convicted on all five re...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2525 METRO MACHINE CORPORATION, d/b/a General Dynamics NASSCO- Norfolk; SIGNAL MUTUAL INDEMNITY ASSOCIATION, LIMITED, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITE...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2613 DEREK GUBALA, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. TIME WARNER CABLE, INC., ...
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MEMORANDUM AND ORDER Plaintiff Harleysville Insurance (“plaintiff,” “Harleysville” or the “Insurer”) commenced this diversity action for a declaration that it is not obligated to defend or indemnify its insureds in an underlying action brought against them by defendant Jane Doe in New York Supreme Court. Currently before the Court are Harley-ville’s motion for summary judgment, see Motion, Docket...
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MEMORANDUM AND ORDER James J. Bordonaro (“Bordonaro” or “debtor”) appeals from an order entered *226by the United States Bankruptcy Court for the Eastern District of New York in the underlying bankruptcy proceeding. After a trial held on May 12, 2015 and September 17, 2015, the Honorable Robert E. Grossman issued a written opinion dated January 12, 2016 in which he denied the debtor’s discharge p...
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Aff. Cir. Ct. (Escambia)...
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Aff. Cir. Ct. (Santa Rosa)...
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Aff. Cir. Ct. (Escambia)...
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Aff. Cir. Ct. (Bay)...
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Aff. Cir. Ct. (Levy)...
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Aff. Cir. Ct. (Columbia)...
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Aff. Cir. Ct. (Columbia)...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on the Defendant’s Third Motion to Suppress (“Motion”). ECF No. 45. In his Motion, the Defendant seeks to suppress “all evidence seized from [the Defendant’s] home computer by the FBI on or about February 28, 2015 through the use of a network investigative technique (“NIT”), as well as all fruits of that search.” Mot. at 1. Neither th...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0013p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SALVATORE LOVANO, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0014p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT RONALD KELLY, ┐ Pet...
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS BRENDA GUADALUPE TREVINO, § No. 08-14-00216-CR Appellant, § Appeal from the v. § Coun...
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ORDER 1. INTRODUCTION On November 29, 2016, the defendant Angel Erazo-Santa (“Erazo-Santa”), filed a motion to dismiss for violation of the Interstate Agreement on Detainers (“IAD”) and a motion to dismiss for vindictive prosecution. (IAD Motion, Docket # 11; Vindictive Prosecution Motion, Docket # 12). On December 22, 2016, Magistrate Judge Nancy Joseph issued a Report and Recommendation (“Repor...
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The following order has been entered on the motion filed on the 18th of January 2017 by Defendant for Extension of Time to Prepare Trial Transcript:"Motion Allowed by order of the Court in conference, this the 20th of January 2017."Court reporter shall have up to and including the 20th day of February 2017 to prepare and deliver transcript to counsel....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 19th of January 2017 by State of NC:"Motion Allowed by order of the Court in conference, this the 20th of January 2017."State of NC shall have up to and including the 3rd day of March 2017 to file and serve his/her brief with this Court....
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*581OPINION This matter comes before the court on the Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence (“Motion”), filed by David Anthony Runyon (“Petitioner”) on February 4, 2016. ECF No. 511.1 Further before the court are the Petitioner’s First Motion for Discovery, filed on December 9, 2015, ECF No. 491, and Second Motion for Discovery, filed on April 1, 2016. ECF No. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Introduction Petitioner Victor Hugo Leiva (“Mr. Leiva”) filed this Petition for Review of the Administrative Denial of Application for Naturalization pursuant to 8 U.S.C. § 1421(c). Mr. Leiva is a 58-year-old man who has been a Lawful Permanent Resident of the United States since June 3, 1996. On June 29, 2009, Mr. Leiva filed an Application for Naturali...
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Concurring I concur with the majority’s disposition of this case but respectfully disagree with its analysis in several areas, particularly concerning whether Biostar’s appeal should be analyzed under the requirements for an ordinary or a restricted appeal.1 The Restricted Appeal As the majority acknowledges, Biostar filed a notice of restricted appeal and thereafter briefed this court based on ...
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ORDER ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT This matter comes before us on cross Motions for Partial Summary Judgment filed by Plaintiffs Larry Kemp and Brian Woodring and by Defendant David Liebel. Dkt. Nos. 48 and 57, respectively. Plaintiffs, prisoners within the Indiana Department of Correction (“DOC”), seek an award of nominal and punitive damages against Mr. Liebel in his individual ...
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ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT This cause is before the court on Plaintiff Indiana Civil Liberties Union Founda*820tion, Inc., d/b/a American Civil Liberties Union of Indiana’s (“ACLU”) Motion for Summary Judgment [Docket No. 35] and Defendants Indiana Secretary of State, The Members of the Indiana Election Commission, and the Superintendent of the Indiana State Police’s (collectivel...
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ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS This matter came before the court on June 22, 2016, for hearing of defendants’ motions to dismiss brought pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. Nos. 51, 55, 57, 59, 63, 64.) Attorneys Patricia K. Oliver, R. Rex Parris, and Jennifer F. Novak appeared on behalf of plaintiffs Committee to Protect our Agricultural Water,...
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Motion of Alliance Defending Freedom for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Minnesota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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ORDER DENYING PLAINTIFFS’ MOTIONS FOR SANCTIONS INTRODUCTION Plaintiffs1 want sanctions imposed on defendants2 for the alleged spoliation of evidence following the inception in June 2008 of an investigation by the Korean Fair Trade Commission (KFTC) into allegations of price-fixing in the Korean Ra-men Noodle market. Defendants oppose, arguing that an obligation to preserve documents relevant to ...
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Motion for leave to file a petition for writ of certiorari with supplemental appendix under seal granted....
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Motion for leave to file a petition for writ of certiorari under seal with redacted copies for the public record granted....
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Motion of Federal Respondents for divided argument granted....
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Motion of respondent for allocation of argument time granted....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed *843until February 13, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until February 13, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Missouri, Western District denied....
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Petition for writ of certiorari to the Supreme Court of Iowa denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Second District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Minnesota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, Sixth District denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Alabama denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, Second District denied....
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*835Petition for writ of certiorari to the Court of Appeals of Ohio, Jefferson County denied....
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Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the Court of Appeals of New York denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Arkansas denied....
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Petition for writ of certiorari to the District Court of Colorado, Larimer County denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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*839Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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*840Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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*841Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Colorado denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Motion of Flyers Rights Education Fund and Travelers United for leave to file brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.Justice SOTOMAYOR took no part in the consideration or decision of this petition....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus and/or prohibition denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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The petition for writ of certiorari was dismissed today pursuant to Rule 46.1 of the Rules of this Court....
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MEMORANDUM ORDER Defendants’ Motion to Dismiss under Rule 12(b)(6) (D.I. 7) is GRANTED, with leave to amend within twenty-one days. Plaintiffs complaint for direct patent infringement against two defendants asserts ten patents in ten counts. Defendants’ motion to dismiss raises the issue whether the complaint meets the Twom-bly/Iqbal pleading standard. The complaint identifies two defendants, Stre...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Case: 16-30058 Document: 00513844013 Page: 1 Date Filed: 01/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-300...
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dissenting. “Just as plaintiffs cannot avoid SLUSA through crafty pleading, defendants may not recast contract claims as fraud claims by arguing that they ‘really’ involve deception or misrepresentation.” Freeman Investments, L.P. v. Pacific Life Ins. Co., 704 F.3d 1110, 1116 (9th Cir. 2013) (reversing dismissal of similar breach of contract case). That’s why we should reverse the dismissal of thi...
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In the United States Court of Appeals For the Seventh Circuit ____________________   No.  13-­‐‑2609   PATRICIA  HOLTZ,  et  al.,   Plaintiffs-­‐‑Appellants,   v.   JPMORGAN  CHASE  BANK,  N.A.,  et  al.,   ...
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In the United States Court of Appeals For the Seventh Circuit ____________________  No. 16‐1004  BURUJI KASHAMU,  Plaintiff‐Appellant,  v.  U.S. DEPARTMENT OF JUSTICE, et al.,  Defendant...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2791 ___________________________ Diversified Ingredients, Inc. lllllllllllllllllllll Plaintiff - Appellant ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PERFECT 10, INC., No. 15-55500 Plaintiff-Appellant, D.C. No. v. 2:11-cv-07098-AB-SH GIGANEWS, INC.; LIVEWIRE SERVICES, INC., Defendants-Appellees. PERFECT 10, INC., a No. 15-5552...
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OPINION Zafar David Khan and Terrance Alexander Tomkow (collectively “Debtors”) appeal the judgment1 of the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”), which affirmed the decision of the bankruptcy court that the claim of Kenneth Barton was not subordinated pursuant to the provisions of 11 U.S.C. § 510(b),2 and converted3 the Debtors’ Chapter 13 bankruptcy proceedings4 to Chapter 7 pr...
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Respondent Joanna Temple (State Bar No. 701805) filed the instant petition for voluntary surrender of license after this Court rejected her first two petitions for voluntary discipline, in which she sought, respectively, the imposition of a one-year suspension and the imposition of a four-year suspension as discipline for her admitted violations of Rules 1.2 (d) and 8.4 (a) (3) of the Georgia Rule...
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This disciplinary matter is before the Court on the petition for voluntary surrender of license to practice law in the State of Georgia filedby Trent Carl Gaines (State Bar No. 282172), prior to the issuance of a formal complaint. Previously, Gaines sought voluntary discipline of a three-year suspension of license, which the State Bar opposed as an inadequate sanction for the conduct at issue in t...
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These disciplinary matters are before the Court on Notices of Discipline seeking the disbarment of Shanina Nashae Lank (State Bar No. 808541). The State Bar attempted to serve Lank personally at the address listed with the State Bar, but the sheriff filed a return of service non est inventus. The State Bar then properly served Lank by publication, pursuant to Bar Rule 4-203.1 (b) (3) (ii), and con...
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After Dale Lyman and his wife, Helen, left Cellchem International, Inc. (“Cellchem”) to work for a competitor, Cellchem sued the Lymans and two companies with which they had affiliated (collectively the “Lymans”), asserting claims for computer theft (see OCGA § 16-9-93 (a)) and computer trespass (see OCGA § 16-9-93 (b)) under the Georgia Computer Systems Protection Act (“GCSPA”) (see OCGA § 16-9-9...
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Following a jury trial, James English appeals his convictions for the malice murder of Ricky Payne and first degree arson.1 English contends that the trial court committed plain error by not providing a jury charge regarding the corroboration of confessions. For the reasons set forth below, we affirm. 1. Viewed in the light most favorable to the verdict, the evidence shows that, on the night of Ap...
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Amos Southall was tried by a Camden County jury and convicted of murder and another crime in connection with the killing of Michelle Hainley. Southall appeals, contending that he was denied due process when the prosecution failed to disclose evidence that a material witness hoped to benefit from his testimony against Southall. Upon our review of the record and briefs, we see no error, and we affir...
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Appellant Wife appeals an adverse judgment in an action for contempt. The record shows Wife and appellee Husband were divorced on June 20, 2011. Neither party was represented by counsel during the divorce. The final divorce decree is a perfunctory, one-page form document which incorporates a form separation agreement that was signed by both parties and notarized. Husband testified he obtained the ...
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The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. Affirmed without opinion. All the Justices concur, except Grant, J., who is disqualified....
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Appellant Gregory Joseph Johnson was convicted of felony murder in connection with the shooting death of Hugh Ethridge. Johnson now appeals, claiming, among other things, that the evidence presented at trial was insufficient to sustain his conviction. We affirm.1 Viewed in a light most favorable to the verdicts, the evidence adduced at trial established as follows. Appellant had a tumultuous and o...
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On October 18, 1998, Robert James Dennis, who was 17 years old, pled guilty to several charges, including malice murder, in connection with the February 22, 1997 shooting death of Louise Carter. Dennis was sentenced, in relevant part to this appeal, to life in prison without the possibility of parole for malice murder. On October 14, 2015, the State filed a motion to amend Dennis’ sentence based o...
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Appellant Leslie Mosby was convicted of murder and other offenses arising out of the shooting death of Theisen Wynn.1 Viewed in the light most favorable to the verdict, the trial evidence showed that at the time of the shooting, Mosby and Pat Burns had been in a romantic relationship for over a year, but the women began having difficulties in their relationship, and Burns moved out and befriended ...
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Following a jury trial, Ramel Brown appeals his convictions for murder and related crimes.1 Though Brown was tried and found guilty for criminal street gang activity as well, the trial court granted Brown’s motion for new trial solely on that count, finding that evidence used to prove that crime at trial was not properly authenticated. The trial court, however, denied Brown’s motion for new trial ...
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Jerome Upshaw was tried by a Muscogee County jury, and he was convicted of murder and unlawful possession of a firearm during the commission of a felony in connection with the fatal shooting of Joanne Walton. Upshaw appeals, contending that the trial court erred when it limited his cross-examination of one prosecution witness, when it refused to grant a mistrial after another prosecution witness r...
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Jonathan Kilgore appeals the denial of his motion for new trial, as amended, and his convictions and sentences for felony murder while in the commission of aggravated assault, aggravated assault, and two counts of possession of a firearm during the commission of a felony in connection with the fatal shooting of John Reid and the firing of a handgun at Jarvis Winder. Kilgore challenges certain port...
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Kiro Dewayne Morrison was tried by a Fulton County jury, and he was convicted of the murder of Vonyell Byrd, as well as unlawful possession of a firearm during the commission of a felony Morrison appeals, contending that the evidence is legally insufficient to sustain his convictions and that he was denied the effective assistance of counsel. Upon our review of the record and briefs, we see no err...
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*426OPINION An officer of a corporation falsified company records to show that a customer’s debt to the corporation was approximately $250,000 less than what the customer actually owed. The corporation was unaware of the inaccuracy of its records when it entered into a settlement agreement with the customer that resolved the debt for less than what was owed and less than what the corporation beli...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0750 James Ariola, as next of kin of, and trustee for, the Estate of Jack Ariola Erenberg, his son, and the Class of Beneficiaries, Pursu...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA GAYLE HORNER-NEUFELD,...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS January 23, 2017 Elisabeth A....
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Decision & Order Homeowners Seth Fortgang and Rivka Fortgang (the “Fortgangs”) allege that copyrighted design elements of their home in Lawrence are being illegally infringed through the construction of a look-a-like home in neighboring Cedarhust. Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(6), seeking to dismiss ...
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Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILKINSON, Judge TRAXLER, Judge KING, Judge SHEDD, Judge DUNCAN, Judge AGEE, Judge KEENAN, Judge DIAZ, Judge FLOYD, and Judge THACKER joined. Judge WYNN wrote a separate opinion concurring in the judgment. Judge HARRIS wrote a dissenting opinion, in which Chief Judge GREGORY, Judge MOTZ, and Senior Judge DAVTS...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1931 BROWN & PIPKINS, LLC, d/b/a Acsential Services, Plaintiff – Appellant, v. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 32BJ, Defendant – Ap...
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*544ORDER On this date, the Court considered the status of the above captioned case and its pending motions. After careful consideration, the Court GRANTS Defendant’s Motion for Summary Judgment (Docket no. 34) and Motion for Leave to File Sur-Reply (Docket no. 33), and DENIES Plaintiffs’ Motion for Summary Judgment (Docket no. 26). BACKGROUND I. Factual History a. Cash’s Insurance Policy Plainti...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RETAILFIRST INSURANCE NOT FINAL UNTIL TIME EXPIRES TO COMPANY and SERVPRO of FILE MOTION FOR REHEARING AND S.E. TAMPA, DISPOSITION THEREOF IF FILED Appellants, ...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSE A. TORRES SR., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. ...
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Hab.Corp.dism....
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Petitioner is granted a belated appeal of the May 29, 2015, order denying motion for postconviction relief in Escambia County Circuit Court case numbers 2009-CF-002568 and 2009-CF-003123. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court, for treatment as the notice of appeal. Fla., R. App. P. 9.141(c)(6)(D). WETHERELL, JAY, and WINS...
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^Petitioner is granted a belated'appeal of the June 23, 2016, order denying motion to correct illegal sentence issued in Escambia County Circuit Court case number 2014-CF-4882A. Upon issuancé of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court *952for treatment as the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D). WETHERELL, JAY, and WINSOR, JJ.,...
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This petition for writ of habeas corpus alleging ineffective assistance of counsel requires us to examine the limits of appellate counsel’s responsibility to inform the Court of changes in the law that would present meritorious grounds for appeal. Appellate counsel has a duty to stay ap*721prised of legal changes, especially those that are relevant to cases counsel is litigating. This duty is not ...
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In this Anders appeal, we affirm the order revoking probation and the sentence that followed. We remand, however, for correction of a scrivener’s error in the written order. The court’s oral pronouncement found appellant committed two crimes in violation of one probation condition; whereas the written order found he violated several conditions, The trial court should amend the written order to com...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 42916 DWIGHT RANDY GREEN, as an individual, ) as the son of Ralph and Jeanne Green, and as) Shareholder of Green Enterprises, Inc.; ) KATHY LEFOR, as an individual, as the ) daughter of Ralph and Jeanne Green, and as ) Boise, December 2016 Term a Shareholde...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43603 G. LANCE SALLADAY, as Personal ) Representative for, and on behalf of, the ) Estate of Roger John Troutner, ) ) Plaintiff-Respondent, ) v. ...
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FILED Jan 23 2017, 8:46 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Reversed and remanded Concurs Concurs...
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FILED Jan 23 2017, 10:11 am CLERK Indiana Supreme Court Cou...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0835 Jetaun Helen Wheeler, petitioner, Appellant, vs. State of Minnesota, Res...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0874 Timothy Hall, Jr., et al., Respondents, vs. State of Minnesota, et al., ...
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SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, portions of any opinion may not have been summarized.) ...
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OPINION *371Appellant M.K.1 is now fifty-nine years old. The State alleges that on August 7, 1973—when Appellant was fifteen years old—he murdered fourteen-year-old D.R. The State previously filed a delinquent-child petition in juvenile court against Appellant in 1978 alleging that he murdered D.R., but the juvenile court ultimately dismissed the case at the State’s request because of insufficien...
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Memorandum Decision ¶ 1 S.K.A. appeals the juvenile court’s dis-positional order, which included suspended jail time. We affirm. ¶ 2 In April 2015, when S.K.A. was seventeen years old, the State filed a delinquency petition in the juvenile court alleging that S.K.A. had committed assault, an offense that would be a class B misdemeanor if committed by an adult. See Utah Code Ann. § 76-5-102(1), (2)...
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Opinion ¶1 Abisai Martinez-Castellanos appeals his convictions for two counts of possession or use of a controlled substance, Utah Code Ann. § 58-37-8(2)(b)(ii) (LexisNexis 2012), one count of possession of drug paraphernalia, id. § 58-37a-5, and one count of driving with a controlled substance in the body, id. § 41-6a-517 (2014). Because of the cumulative effect of several errors, our confidence ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0015p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK LEONARD, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0016p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT KELLY SERVICES, INC.; KELLY PROPERTIES, LLC, ┐ Plaintiffs-...
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OSCN Found Document:SMILEY v. STATE OSCN navigation Home Courts Court Dockets Legal Research Calendar Help ...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by Petitioner, is: [Is t]he question of whether the artistic creation of Petitioner constitutes protected free speech or a true threat punishable by criminal sanction ... of such substantial im...
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In the United States Court of Federal Claims No. 11-335C (Filed: January 23, 2017) ************************************* * WYODAK RESOURCES * DEVELOPMENT CORP., * * Plaintiff, * ...
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The court having received the September 6, 2016, order of the Supreme Court of Florida quashing this court’s opinion of November 5, 2015, and remanding the matter for reconsideration upon application of Castellanos v. Next Door Co., 192 So.3d 431 (Fla. 2016), and finding that reversal is warranted in light of that opinion, the order of the Judge of Compensation Claims is REVERSED, and this case is...
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Aff. Cir. Ct. (Duval)...
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Maryland Board of Physicians, et al. v. Mark Geier, Personal Representative of Anne Geier, et al., No. 11, September Term, 2016. Opinion by Hotten, J. APPEAL AND ERROR – NATURE AND SCOPE OF DECISION Court of Appeals held that none of the orders appealed by Petitioner constituted final judgments as defined by the Courts and Judicial Proceedings Article § 12-101(f). APPEAL AND ERROR – AFFECTING CO...
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Dameron Smallwood v. State of Maryland, No. 22, September Term, 2016. Opinion by Hotten, J. CRIMINAL LAW – POSTCONVICTION RELIEF – PETITION FOR WRIT OF ACTUAL INNOCENCE – ACTUAL INNOCENCE Court of Appeals held that under plain meaning of Md. Code, Criminal Procedure Article §8-301, a petitioner must be "actually innocent," meaning the petitioner did not commit the underlying crime for which he or...
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Voters Organized for the Integrity of City Elections, et al. v. Baltimore City Elections Board, et al. No. 60, September Term 2016 Election Law – Action by Registered Voter with Respect to Act or Omission in Violation of State Election Law – Mootness. Appeal of a circuit court's denial of motion for temporary restraining order that would have required election officials to create a special syste...
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J-A23024-16 2017 PA Super 16 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. ANDREW C. MENICHINO Appellee No. 1904 WDA 2015 Appeal from...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal and the Application for Leave to File a Reply are DENIED....
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 5 OCTOBER TERM, A.D. 2016 January 23, 2017 CODY J. TINGEY, Appellant (Defendant), v. S-16-0085 THE STATE OF WYOM...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 6 OCTOBER TERM, A.D. 2016 January 23, 2017 WYODAK RESOURCES DEVELOPMENT CORP., Appellant (Petitioner), v. S-16-0075 WY...
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MEMORANDUM OPINION This matter is before the Court on Defendant Charles E. Church’s MOTION TO SUPPRESS EVIDENCE (“Def. Mot.”) (ECF No. 17) and the United States’ MOTION TO RECONSIDER (ECF No. 37). For the reasons set forth below, the Defendant’s Motion will be GRANTED, and the United States’ Motion will be DENIED. BACKGROUND A. Procedural History In January of 2016, Church was indicted on two cou...
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ORDER GRANTING MOTION TO DISMISS Re: Dkt. No. 29 In this shareholder derivative lawsuit, plaintiff alleges that defendant Leapfrog Enterprises, Inc. (Leapfrog) and seven of its former Board of Directors members1 violated three provisions of the Securities and Exchange Act of 1934 by issuing a false and misleading Recommendation Statement, recommending that shareholders of Leapfrog tender their sh...
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*888ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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Dism. Cir. Ct. (Alachua)...
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Proh.den....
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Belated App. den....
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Aff. Cir. Ct. (Clay)...
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Aff. Cir. Ct. (Clay)...
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Aff. Cir. Ct. (Clay)...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to the remaining issue. The issues, as stated by Petitioner, are: a. The Superior Court’s opinion is contrary to Riley/Wurie which held that the warrantless search of a flip top cell phone is prohibited without any expectation for mini...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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*1056ORDER GRANTING FINAL APPROVAL OF VOLKSWAGEN BRANDED FRANCHISE DEALER CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE Just over one year ago, the public learned of Volkswagen’s deliberate use of a defeat device—software designed to cheat emissions tests and deceive federal and *1057state regulators—in nearly 600,000 Volks-wagens- and Audi-branded turbocharged direct injection (“TDI”) diesel eng...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK BAGINSKI, : : Plaintiff, : Civil Action No.: 15-1225 (RC) : v. ...
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MEMORANDUM AND ORDER Plaintiff BNSF alleges that in 2015, it settled a contested Federal Employers’ Liability 1 (“FELA”) and Locomotive Inspection Act2 (“LIA”) action with' an employee engineer. (Filing 1, Complaint ¶¶ 16 & 19.) The engineer alleged that the backrest of his locomotive seat gave away suddenly and without warning as a result of an allegedly defective reclining mechanism, resulting ...
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ORDER AND NOW, this 23rd day of January, 2017, the Motion for Leave to File a Reply Brief is GRANTED, and the Petition for Review is DENIED....
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Aff. Cir. Ct. (Clay)...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Review, the Application for Summary Disposition, the Application to Amend and Compel, the Application for Summary Disposition, and the Application to Compel are DISMISSED. The Pro-thonotary is DIRECTED to forward these filings to counsel of record....
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Aff. Cir. Ct. (Alachua)...
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Aff. Cir. Ct. (Walton)...
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Aff. Cir, Ct. (Leon)...
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Pet.den....
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Aff. Cir. Ct. (Duval)...
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ORDER AND NOW, this 23rd day of January, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus is DENIED....
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*890ORDER AND NOW, this 23rd day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER Before the Court is Plaintiffs’ Motion in Limine to Exclude Evidence and/or Argument Related to Alcohol, Drugs, and Partying [Doc. 431]. For the following reasons, the motion is granted in part and denied in part. I. Background Plaintiffs, the surviving parents of Jack Lipp, filed suit alleging negligence against Defendants Ginger C, five American Campus Communities entities (ACC), and Rola...
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ORDER Pending before the Court is Plaintiffs Motion to Remand and Memorandum in Support of Remand (Document No. 6). Having considered the motion, submissions, and applicable law, the Court determines the motion should be denied and the claims against Bay Area Fire & Safety Inc. should be severed and remanded. This case arises out of fire damage to Plaintiff JYC Enterprise Inc.’s (“JYC) commercial...
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MEMORANDUM OPINION AND ORDER Sidney Insulation, Inc. (“Sidney Insulation”) is an insulation contractor in the St. Louis area owned by majority shareholder Sarah Sidney (“Sarah”) and her minority shareholder siblings Kevin Sidney (“Kevin”) and Patrick Sidney (“Patrick”). Their father David Sidney had owned a successful insulation company, Flexo Supply Company, Inc. d/b/a Stovey Company Division (“...
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MEMORANDUM OPINION AND ORDER Ariel Investments, LLC has sued Ariel Capital Advisors LLC alleging trademark infringement, unfair competition, and cybersquatting in violation of the Lanham Act, and unfair trade practices in violation of the Illinois Deceptive Trade Practices Act (IDTPA) and Illinois common law. Ariel Investments has moved for summary judgment on its trademark infringement and unfai...
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Petition for writ of certiorari to the Court of Appeals of Arizona, Division One denied....
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ORDER RE PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION [17] I. PROCEDURAL BACKGROUND On September 16, 2016, Plaintiffs Mor-occanoil, Inc. and Moroccanoil Israel Ltd. (collectively, “Moroccanoil”) filed their Complaint against Defendant Zotos International, Inc. (“Zotos”) alleging (1) trademark infringement under 15 U.S.C. § 1114; (2) trademark infringement and unfair competition under 15 U.S.C. §...
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Ms. Katie Weaver Hartzog, Ms. Jaye E. Bingham-Hinch, Raleigh, Attorneys at Law, For City of Wilmington. Mr. S. Luke Largess, Charlotte, Cheyenne Chambers, Attorneys at Law, For Tully, Kevin J. Mr. J. Michael McGuinness, Elizabethtown, Ms. Megan Ashley Milliken, Attorneys at Law, For Southern States Police Benevolent Association, et al. Mr. M. Travis Payne, Raleigh, Attorney at Law, For Professiona...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, et al., Plaintiffs, v. Civil Action No. 16-1494 (JDB) AETNA INC., et al., Defendants. ...
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MEMORANDUM OPINION AND ORDER ‘“Why don’t you go up to the Range?’ somebody said to me. ‘The air is pure, and they have the best water on earth.’ ” - W.P. Kinsella Shoeless Joe TABLE OF CONTENTS INTRODUCTION .. .913 FINDINGS OF FACT .. .916 I. BACKGROUND CONCERNING THE DEFENDANT, THE RUSH ISLAND PLANT, AND THE APPLICABLE REGULATIONS .. .916 A. The Defendant ... 916 B. The Rush Island Coal-Fired ...
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ORDER Redina Burge applied for unemployment benefits after her employment with Propulsion Control Company, LLC was terminated in July ,2015. Propulsion protested the claim on the basis that Burge had been discharged for misconduct. The Labor and Industrial Relations Commission found that Burge’s termination was not for misconduct connected with work, and that she was therefore eligible for unemplo...
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ORDER Kevin Price was employed by Vendtech-SGI, LLC, and worked as a security guard at a federal facility. In July 2015, Price failed to pass a firearms recertification test, and Vendtech discharged him. Price applied for unemployment compensation benefits. The Labor and Industrial Relations Commission determined that Price had committed misconduct connected with *189work when he failed the recert...
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In the Missouri Court of Appeals Western District ) TRUMAN MEDICAL CENTER, INC., ) ) Respondent, ) ...
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IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT CITY OF KANSAS CITY, ) MISSOURI, ) Appellant, ) WD79073 ) v. ) ) FILED:...
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MEMORANDUM OF DECISION I. INTRODUCTION This diversity action arises out of the alleged wrongful death of Dr. Zhensheng Liu, due to side effects from taking the prescription drug Pradaxa. Li Liu and Dr. Emily Liu (collectively, the “Lius”), in their capacities as administrators of the estate of Dr. Zhensheng Liu and personal representatives of the heirs-at-law of that estate, have brought claims a...
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IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MATTER OF THE CARE AND ) TREATMENT OF MILTON GEORGE ) a/k/a MILTON D. GEORGE, a/k/a ) MILTON DEWAYNE GEORGE, ) ) ...
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MEMORANDUM & ORDER In October, 2016, this Court dismissed the habeas petition of Julio Gonzalez (“Gonzalez”). In November, 2016, the First Circuit Court of Appeals directed this Court to issue or deny a certificate of appealability for him. For the following reasons, this Court will deny such a certificate. I. Background Gonzalez petitioned to vacate his sentence pursuant to 28 U.S.C. § 2255 base...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the Motion for Summary Judgment filed by *864Plaintiffs Safelite Group, Inc. and Safelite Solutions LLC (“Pis.’ Mot. for Summ. J.”) [Doc. No. 69]. For the reasons set forth below, Plaintiffs’ Motion is granted in part and denied in part. I. BACKGROUND A. Facts The material facts of this matter are undisputed. Rather, the parties disp...
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MEMORANDUM OPINION AND ORDER INTRODUCTION In this action, Plaintiff Brett-McNeal has sued his former employer, Defendant University of Minnesota Physicians (“UMP”), alleging that it terminated his employment on account of his race and in retaliation, for his complaints about racism, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. Presently before...
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MEMORANDUM OPINION AND ORDER Before the court is the Rule 12(b)(6) motion to dismiss filed by Defendant Alabama State University (“ASU,” “Alabama State,” or the “University”). (Doc. # 9.) Because Plaintiffs’ complaint (Doc. # 1) alleges facts sufficient to state each of their claims, the motion is due to be denied. I.JURISDICTION AND VENUE The court exercises subject-matter jurisdiction pursuant ...
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ORDER AND NOW, this 23rd day of January, 2017, the Petition for Alowance of Appeal is DENIED....
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Case: 16-11868 Date Filed: 01/24/2017 Page: 1 of 15 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11868 Non-Argument Calendar ...
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The issue in this appeal is whether a Florida conviction for aggravated assault, see Fla. Stat. § 784.021, constitutes a “crime of violence” under U.S.S.G. § 2K2.1(a)(2) cmt. n.1 (incorporating the definition of “crime of violence” from U.S.S.G. § 4B1.2). Mr. Golden contends that it does not, but his argument is foreclosed by our precedent. See Turner v. Warden Coleman FCI, 709 F.3d 1328, 1337-38 ...
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Southcoast Hospitals Group, Inc. was created through a merger of three hospitals. One of the hospitals has a union workforce, and the union’s collective-bargaining agreement grants its members a hiring preference when filling union positions. In an effort to produce more even-handed hiring practices across its three hospitals, Southcoast adopted a policy that grants nonunion employees a similar hi...
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This case requires us to determine the test for district court federal question jurisdiction in the context of motions to vacate or modify an arbitration award. This turns on whether the court may look through the motion to the underlying dispute to determine whether the court would have federal question jurisdiction. Here, the district court applied the look-through test, finding that jurisdictio...
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Plaintiff-Appellant Patrick Proctor is an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), serving a sentence of thirty-two-and-one-half years to life for second-degree murder, robbery, and attempted escape. He is confined in the Special Housing Unit (the “SHU”), or, as it is better known, solitary confinement, where he has spent the las...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1218 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 21, 2016 Decided January 24, 2017 No. 15-3063 UNITED STATES OF AMERICA, APPELLEE v. JAMES ANTONIO JONES, ALSO KNOWN AS TONIO, APPELLANT Consolidated...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 2, 2016 Decided January 24, 2017 No. 14-3092 UNITED STATES OF AMERICA, APPELLEE v. IRVIN C. KENNY, ALSO KNOWN AS HOOP, APPELLANT Appeal from the...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 15, 2016 Decided January 24, 2017 No. 15-1204 800 RIVER ROAD OPERATING COMPANY, LLC, D/B/A WOODCREST HEALTH CARE CENTER, PETITIONER v. NATIONAL LABOR RELATIONS BOARD, RESPONDE...
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11WRIT NOT CONSIDERED. Petitioner has not sought review in the district court and/or the court of appeal before filing in this Court nor shown the “extraordinary circumstances” that would justify bypassing that level of review. La.S.Ct. R. X § 5(b)....
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11WRIT NOT CONSIDERED. Petitioner has not sought review in the district court and/or the court of appeal before filing in this Court nor shown the “extraordinary circumstances” that would justify bypassing that level of review. La.S.Ct. R. X § 5(b)....
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I,WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. R. X § 5. Relator has now exhausted his right to obtain post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La. C.CrJP. art, 930.4 and within the limitatio...
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ORDER Aleo’s motion for reconsideration of the Court’s order on summary judgment (Docket No. 78) is DENIED. Section 210(g)(2) of PURPA lays out the enforcement process by “[a]ny person” against an electric utility to “enforce any requirement” established by a state regulatory authority, 16 U.S.C. § 824a-3(g)(2). There is no federal statutory provision providing a private cause of action for damage...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2073 IHAR SOTNIKAU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Argued: ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 24, 2016 Decided January 24, 2017 No. 12-7139 ACT NOW TO STOP WAR AND END RACISM COALITION AND MUSLIM AMERICAN SOCIETY FREEDOM FOUNDATION, APPELLEES v. DISTRICT OF COLUMBIA, ...
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United States Court of Appeals for the Federal Circuit ______________________ TINNUS ENTERPRISES, LLC, ZURU LTD., Plaintiffs-Appellees v. TELEBRANDS CORPORATION, BED BATH & BEYOND, INC., Defendants-Appellants ______________________ 2016-1410 ____...
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In the United States Court of Federal Claims No. 15-315C (Filed: January 24, 2017) ) Keywords: Breach of Lease; Offer and FIRST CRYSTAL PARK ASSOCIATES ) Acceptance; Counter-offer; RCFC 56; LIMITED PARTNERSHIP, ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43755 MICHAEL SCOTT MOLEN, ) ) Boise, December 2016 Term Plaintiff-Appellant, ) ) 2017 Opinion No. 6 v. ) ...
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Affirmed Concurs Concurs...
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Affirmed in part, Reversed in part and Remanded for *265proceedings consistent with this opinion Concurs Concurs ROBB, J. BROWN, J....
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Affirmed Concurs Concurs...
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would grant and assigns reasons: pin my view, the ruling of the district court suppressing cocaine seized from defendant’s pocket should be reversed. When the officers saw defendant holding a clear plastic bag containing what they believed to be cocaine, they had probable cause to arrest the defendant. They were therefore justified in retrieving the cocaine from defendant’s pocket, where they watc...
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[, Reconsideration denied. No further applications shall be considered in this matter unless petitioner can demonstrate a change in circumstances materially affecting his character and fitness. See In re: Jordan, 00-3006 (La. 12/15/00), 775 So.2d 1065. Additionally, in no event will any application for admission be considered if filed less than one year from finality of our order in In re: Committ...
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|,WRIT NOT CONSIDERED. Petitioner has not sought review in the district court and/or the court of appeal before filing in this Court nor shown the “extraordinary circumstances” that would justify bypassing that level of review. La.S.Ct. R. X § 5(b)....
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11 WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. R. X § 5. Relator has now exhausted his right to obtain post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La. C.Cr.P. art. 930.4 and within the limitati...
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hWRIT NOT CONSIDERED. Petitioner has not sought review in the district court and/or the court of appeal before filing in this Court nor shown the “extraordinary circumstances” that would justify bypassing that level of review. La.S.Ct. R. X § 5(b)....
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h Denied. Relator shows no abuse of discretion in the district court’s decision to deny his request to further supplement his application for post-conviction relief. See State ex rel. Duhon v. Whitley, 92-1740 (La. 9/2/94), 642 So.2d 1273 (district court has discretion to decide whether to allow a post-conviction petitioner to amend or supplement a timely-filed application for post-conviction reli...
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|,WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. R. X § 5. Relator has now exhausted his right to obtain post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La. C.Cr.P. art. 930.4 and within the limitatio...
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|;WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. R. X § 5. Relator has now exhausted his right to obtain post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second *89or successive application only under the narrow circumstances provided in La. C.Cr.P. art. 930.4 and within the limita...
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I,Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies, La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Relator has now fully litigated his second application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana p...
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SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, portions of any opinion may not have been summarized.) Andrew M...
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DECISION AND ORDER ON MOTION TO DISMISS OF RHODE ISLAND DIVISION OF TAXATION The Rhode Island Division of Taxation (“Division”) moves to dismiss plaintiff-debtor Jason Boudreau’s adversary proceeding in which he seeks a declaration that the claims of each of the defendants are dischargeable in accordance with 11 U.S.C. § 727.1 Doc. #20. Mr. Boudreau is proceeding pro se in this matter. This Decis...
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United States Court of Appeals For the First Circuit No. 15-2144 UNITED STATES OF AMERICA, Appellee, v. MARK J. ZIMNY, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTR...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2586 LAWRENCE GWOZDZ, Individually and on behalf of Donna Gwozdz and all others similarly situated, Plaintiff - Appellant, v. HEALTHPORT TECHNOLOGIES, LLC, Defendant - Appellee. ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4479 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KOFI OHENE AGYEKUM, Defendant - Appellant. Appeal from the United States District Court for the Southern District o...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT RANDALL SCOTT WALDMAN, et al. ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0018p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ABERRY COAL, INCORPORATED; ARROWPOINT CAPITAL ...
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Opinion Siblings Yolanda L. and Javier L. were declared dependent children pursuant to Welfare and Institutions Code section 300, subdivision (b), removed from appellant Juan G. (father) and placed with the mother (mother).1 Father contends (1) the jurisdiction order was not supported by sufficient evidence and (2) the removal order was “not authorized by statute.” We affirm. FACTUAL AND PROCEDUR...
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Filed 1/24/2017 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX DOUGLAS GILLIES, 2d Civil No. B272427 (Super. Ct. No. 15CV04560) Plaintiff and Appellant, (Santa Barbara...
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Filed 01/24/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---- In re J.G., a Person Coming Under the Juvenile Court C077056 Law. THE PEOPLE, ...
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Filed 1/24/17; opn. after prior opn. vacated CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E059452 v. ...
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Filed 1/24/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO SANDRA HUDSON, Petitioner, E065645 v. (Super.Ct.No. RIF1502841...
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Filed 1/24/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT MERCED IRRIGATION DISTRICT, F072704 Petitioner, (Super. Ct. No. CV003...
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Filed 1/24/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT SAN JOSE UNIFIED SCHOOL DISTRICT et al., H041088 (Santa Clara County Plaintiffs and Respondents, S...
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Aff. Cir. Ct. (Escambia)...
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Aff. Cir. Ct. (Jackson)...
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Aff. Cir. Ct. (Leon)...
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Aff. Cir. Ct. (Clay)...
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RESPONDENT PRO SE ATTORNEYS FOR THE INDIANA SUPREME COURT Narles W. Coleman DISCIPLINARY COMMISSION Chicago, Illinois G. Michael Witte, Executive Director Seth T. Pruden, Staff Attorney ...
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The State of Louisiana seeks review of the district court’s November 4, 2016 ruling denying the State’s procedural objections to the post-conviction application filed by the defendant, Herbert Everett. In his application for post-conviction relief, Mr. Everett contended that the State violated Brady v. Maryland, 373 U.S. 83, 84, 83 S.Ct. 1194, 1195, 10 L.Ed.2d 215 (1963), by failing to disclose ev...
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*353MEMORANDUM I. INTRODUCTION This is an insurance coverage dispute between the plaintiff, Quality Stone Veneer, Inc. (“QSV”) and its insurance company, Selective Insurance Company of America (“defendant”). Both parties filed motions for summary judgment disputing whether the defendant has a duty to defend QSV in an underlying state-court action in which QSV has been sued. For the following reas...
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ORDER ON SUMMARY JUDGMENT I. INTRODUCTION This lawsuit involves a claim under Colorado’s Premises Liability Act. The case arises from Plaintiffs injury when she was exiting the Colorado SuperChair chairlift at Breckenridge. Plaintiffs negligence claim was previously dismissed by Order of February 1,2016 (ECF No. 45). Defendant Vail Summit Resorts, Inc. [“Vail”] argues in its Motion for Summary Ju...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The ALJ’s decision is reversed and this case is remanded for an award of benefits. The administrative record clearly demonstrates that Farley has a disability — non-convulsive epilepsy — that should have caused the ALJ to find in his favor at step three. Farley’s failure to raise this issue on ...
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ORDER GRANTING MOTIONS TO DISMISS FIRST AMENDED COMPLAINT Now before the Court for consideration is the motion to dismiss filed by Defendants Charoen Pokphand Foods (“Charoen”), PCL, C.P. Food Products, Inc. (“CP Foods”) (collectively the “CP Defendants”). Also before the Court is the motion to dismiss filed by Costco Wholesale Corporation (“Costco”) (collectively “Defendants”). The Court has con...
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OPINION AND ORDER This matter is before the Court on the motion for summary judgment filed by Plaintiff J & J Sports Productions, Inc., on November 21, 2016 (docket entry 17). Defendants Leonor and Sergio Navarro, d/b/a La Santa Anita Family Grill, filed a response in opposition to the motion on December 13 (DE 19)1 and J & J Sports filed a reply brief on December 16 (DE 21). For the reasons set ...
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Filed 1/24/17; pub. order 2/10/17 (see end of opinion) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE BRIAN GERAGHTY, Plaintiff and Appellant, A144743 v. JOSEPH SHALIZI, ...
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Aff. Cir. Ct. (Clay)...
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Aff. Cir. Ct. (Duval)...
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Aff. Cir. Ct. (Duval)...
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Aff. Cir. Ct. (Columbia)...
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Aff. Cir. Ct. (Okaloosa)...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01216-COA KAREN LYNN WOODS A/K/A KAREN WOODS APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 07/10/2015 TRIAL JUDGE: HON. MAR...
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ORDER Before the Court is Defendant’s Motion to Withdraw Guilty Plea (Doc. 39). For the reasons stated herein, the Court will REJECT the Parties’ plea agreement. Accordingly, Defendant’s Motion (Doc. 39) is MOOT. I. BACKGROUND On February 23, 2016, Defendant was indicted for one count of armed bank rob*840bery, in violation of 18 U.S.C. §§ 2, 2113(a), and 2113(d). (Doc. 9). The United States and ...
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Affirmed Concurs Concurs...
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[,WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. R. X § 5....
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|, Granted in part. The district court erred in awarding pre-judgment interest on the entire damage award. It is well settled that a court sitting in admiralty has no authority to grant interest on the general maritime and Jones Act awards for future damages, such as future lost earnings or future pain and suffering. Milstead v. Diamond M Offshore, Inc., 95-2446 (La. 7/2/96), 676 So.2d 89. Accordi...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CP-01911-COA BRIAN WILLIAMS A/K/A BRYAN WILLIAMS APPELLANT A/K/A BRIAN ANDREW WILLIAMS v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 11/06/2015 TRIAL JUDGE: ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01703-COA ANDREW ACIE ADAMS A/K/A ANDREW APPELLANT ADAMS v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 08/27/2015 TRIAL JUDGE: HON. LAWRENCE PAUL BO...
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OSCN Found Document:ANAGNOST v. TOMECEK OSCN navigation Home Courts Court Dockets Legal Research Calendar Help ...
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OSCN Found Document:STEIDLEY v. SINGER OSCN navigation Home Courts Court Dockets Legal Research Calendar Help ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01810-COA SUZANN (SAVAGE) DAVIS APPELLANT v. CHARLES GREGORY DAVIS APPELLEE DATE OF JUDGMENT: 10/12/2015 TRIAL JUDGE: HON. VICKI B. DANIE...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CA-01468-COA NAPOLEON L. CASSIBRY, III, AS TRUSTEE OF APPELLANTS THE N. L. CASSIBRY, JR. FAMILY TRUST, TRUSTEE OF THE CASSIBRY CHILDREN IRREVOCABLE TRUST, TRUSTEE OF THE JUNE C. CASSIBRY IRREVOCABLE TRUST, POWER OF ATTORNEY FOR JUNE C. CASSIBRY AND MANAGING PARTNER OF THE CASSIBRY BROTHERS PART...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01638-COA TERRANCE BAKER A/K/A TARRENCE BAKER APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 09/29/2015 TRIAL JUDGE: HON. ROBERT P....
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-01738-COA ANGELA ELLIS DAVIS APPELLANT v. GARY SIDNEY DAVIS APPELLEE DATE OF JUDGMENT: 10/13/2014 TRIAL JUDGE: HON. WILLIAM R...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01832-COA SIDNEY HUMBLES A/K/A SIDNEY KAREEM APPELLANT HUMBLES A/K/A SIDNEY K. HUMBLES v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 04/21/2015 TRIAL JUDGE: HON. JEFF WEILL SR. COURT FROM WHICH APPEALED: HINDS C...
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ORDER AND NOW, this January 24, 2017, the Petition for Alowance of Appeal is DENIED....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DANIEL HICKLIN, JR., Plaintiff, v. Case No. 1:14-cv-01569-CRC ROBERT A. MCDONALD, SECRETARY, U.S. DEPARTMENT OF VETERANS AFFAIRS, Defendant. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TANYA WELLS, et al., Plaintiffs, v. Civil Action No. 1:16-cv-0901-ESH DONALD L. HENSE, et al., Defendants. MEMORANDUM OPINION ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA     NATIONAL VETERANS LEGAL SERVICES PROGRAM, et al., Plaintiffs, v. Civil Action No. 16-745 (ESH) UNITED STATES OF AMERICA, Defendant. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TRIPLE UP LIMITED, Plaintiff, v. Civil Action No. 16-159 (RDM) YOUKU TUDOU INC., Defendant. MEMORANDUM OPINION This copyright infringeme...
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OPINION AND ORDER Plaintiff J.E. filed this action against the New York City Department of Education (“the Department” or “DOE”) pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., and Article 89 of the New York State Education Law, N.Y. Educ. Law § 4401 et seq. She challenges two administrative decisions of State Review Officers denying private school ...
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ORDER & OPINION Plaintiff Shoshana Roberts, an actress, starred in a video highlighting street harassment of women that went “viral” and has been seen over 41 million times on the internet. Without her knowledge or consent, the video was licensed by the maker of the video, Defendants Rob Bliss and Rob Bliss Creative, LLC (collectively “Bliss”), to an advertisement agency, which used it to create ...
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OPINION AND ORDER This case is a three-party tangle, a she-mozzle, between husband and wife debtors who operate an Italian restaurant out of a commercial building that they own in Chicago, the bank that loaned the debtors in excess of $1 million dollars collateralized by the commercial property, and a tax purchaser who obtained a tax lien on the property. Debtors Ramon and Bertha Aguirre (“the Deb...
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MEMORANDUM OPINION AND ORDER In this action, Plaintiff Spencer Ung alleges that Defendant Universal Acceptance Corporation (“Universal”) made unauthorized calls to his cell phone, in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq. Presently before the Court is Ung’s Motion for Class Certification. For the reasons that follow, the Court will deny the Motion. BA...
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OPINION AND ORDER Loren Simpson’s Estate, mother, sister, brother, and maternal grandmother (hereinafter collectively referred to as “the Estate”) brought this action against Yellowstone County and Yellowstone County Deputies Chris Rudolph and Jason Robinson alleging that the deputies used excessive force when they shot and killed twenty-eight year old Simpson on January 8, 2015. The deputies mov...
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MEMORANDUM AND ORDER Ada Morales was born in Guatemala, and became a naturalized United States citizen on September 11, 1995 under her maiden name, Ada Amavilia Cabrera. She has a social security number and a United States passport. Despite this, Ms. Morales was held at the state prison on an Immigration and Customs Enforcement (“ICE”) detainer that was issued solely based on her Hispanic last na...
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ORDER NESTOR NEBAB, JR., of BRIDGEWATER, who was admitted to the bar of this State in 1998, having tendered his consent to disbarment as an attorney at law of the State of New Jersey, and good cause appearing; It is ORDERED that NESTOR NEBAB, JR., is disbarred by consent, effective immediately; and it is further ORDERED that respondent’s name be stricken from the roll of attorneys and that he be p...
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Case: 15-60532 Document: 00513845791 Page: 1 Date Filed: 01/23/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit N...
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Alowance of Appeal is DENIED....
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*891ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Habeas Corpus is DENIED....
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ORDER In 2010, Mack Peters pleaded guilty to conspiracy to distribute heroin in violation of 21 U.S.C. § 846. The presentence report stated that Peters qualified as a career offender under U.S.S.G. § 4B1.1 based on (1) a 1999 Massachusetts conviction for assault and battery and assault with a dangerous weapon, (2) a 1999 Massachusetts conviction for resisting arrest, (3) a 2006 Massachusetts convi...
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ORDER AND NOW, this 24th day of January, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus and/or Extraordinary Relief is DENIED....
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*892ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Gugerty, J.), rendered October 22, 2014, as amended November 3, 2014, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence. Ordered that the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the defendant’s motion to withdraw his plea of guilty,...
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Supreme Court No. 2015-214-Appeal. (KC 12-23) Deborah Bates-Bridgmon et al. : v. : Heong's Market, Inc. d/b/a Roch's Market : et al. ...
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People v Ayala (2017 NY Slip Op 00477) People v Ayala 2017 NY Slip Op 00477 Decided on January 25, 2017 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on January 25, 2017 SU...
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Habeas Corpus and the Application for Appointment of Counsel are DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Application for Extraordinary Relief and the Application for an Immediate Plenary Review Hearing are DENIED....
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ORDER AND NOW, .this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Review is DENIED,...
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Alowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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*895ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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The following briefing schedule is adopted:Petitioner in Nos. 16-285 and 16-300 and respondent in No. 16-307 will file opening and reply briefs under the schedule set forth in Rules 25.1 and 25.3. Respondent in Nos. 16-285 and 16-300 and petitioner in No. 16-307 will file response briefs under the schedule set forth in Rule 25.2....
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Order Affirming Bankruptcy Court Decision Appellants are former directors of Sino Clean Energy Inc. They filed for bankruptcy on behalf of Sino, the bankruptcy court dismissed their petition, and they now appeal. In dismissing, the bankruptcy *679court reasoned that only a corporation’s current board of directors can file for bankruptcy — and here, at the time the appellants filed, a state-appoin...
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Case: 16-11350 Date Filed: 01/25/2017 Page: 1 of 25 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11350 ________________________ D.C....
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In May 2004, Defendant-Appellant Fer-ney Dario Ramirez pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(A). The district court calculated Ramirez’s Guidelines range as 360 months’ to life imprisonment, and sentenced Ramirez to a term of 210 months’ imprisonment. In 2015, Ramirez moved for a reduction i...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0019p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA ex rel. ANDREW HIRT, ┐ ...
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After his conviction for cocaine distribution, Petitioner Rollie Mitchell appealed his sentence; this Court affirmed. Petitioner then filed a motion for post-conviction relief under 28 U.S.C. § 2255, claiming that he received ineffective assistance of counsel. He argued that, prior to trial, his attorney failed to inform him adequately of the details of the government’s plea offer and failed to ad...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1402 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. FLAMBEAU, INC., Defendant-Appellee. ...
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James, a former inmate of Indiana’s New Castle Correctional Facility, appeals from an adverse judgment, following the *952district judge’s grant of summary judgment for the defendants, in his suit under 42 U.S.C. § 1983 against two doctors who he contends were deliberately indifferent to his need for medical treatment for an infected toenail and an injury to his jaw. In October 2007, not long afte...
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      In the United States Court of Appeals For the Seventh Circuit ____________________  No. 15‐3625  UNITED STATES OF AMERICA,  Plaintiff‐App...
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In the United States Court of Appeals For the Seventh Circuit No. 16-1300 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALAN CISNEROS, Defendant-Appellant. Appeal from the United States District Court f...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL P. KOBY, an No. 13-56964 individual; MICHAEL SIMMONS, an individual; and JONATHAN D.C. No. SUPLER, an individual, on behalf 3:09-cv-00780-KSC of themselves and all others similarly situated, Plaintiffs-Appellees, OPINION BERNADETTE M...
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Aff. Cir. Ct. (Charlotte)...
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Aff. Cir. Ct. (Hillsborough)...
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Aff. Cir. Ct. (Miami-Dade)...
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STATE OF MINNESOTA IN SUPREME COURT A15-0584 Court of Appeals Chutich, J. Eugene Lee Rushton, Appellant, vs. Filed: January 25, 2017 ...
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STATE OF MINNESOTA January 19, 2017 IN SUPREME COURT A16-1718 In rePetition for Disciplinary Action against Christopher Ozioma Obasi, a Minnesota Attorney, Registration No. 0296223. ORDER On August 30, 2016, we s...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA John F. Geier, Executor of the Estate of : Marianne M. Geier and John F. Geier, : her husband : : v. : : Board of Public Education of the : School District of Pittsburgh : ...
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OPINION delivered the opinion for a unanimous Court. Unlike singularly-focused federal law enforcement agencies, local police departments “have multiple responsibilities, only one of which is the enforcement of criminal law.” Debra Livingston, Police, Community Caretaking, and the Fourth Amendment, 1998 U. Chi. Legal F. 261, 261. We expect them to aid individuals who are in danger of physical harm...
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ORDER A jury convicted Appellant of capital murder and punishment was assessed at confinement for life without parole. See Tex. Penal Code, § 12.31(a)(2). The Fourteenth Court of Appeals affirmed the conviction. Small v. State, 504 S.W.3d 330 (Tex. App. —Houston [14th], delivered May 19, 2016). On October 18, 2016, Appellant filed a petition for discretionary review. However, Appellant has died an...
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CONCURRING OPINION filed a concurring opinion in which Richardson, J., joined. Once again, an appellant, acting pro se, has been deprived of his right to appeal an adverse ruling on his motion for post-conviction DNA testing under Chapter 64 of the Texas Code of Criminal Procedure because he did not receive timely notice of the trial court’s order denying the testing he requested. See, e.g., Davis...
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0251-16 JEFFERY LYNN PRUETT, Appellant v. THE STATE OF TEXAS ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT O...
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Case: 15-14336 Date Filed: 01/25/2017 Page: 1 of 15 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14336 Non-Ar...
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Case: 13-12135 Date Filed: 01/25/2017 Page: 1 of 5 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-12135 ____...
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United States Court of Appeals For the First Circuit No. 15-2187 UNITED STATES OF AMERICA, Appellee, v. HERNANDO MARÍN-ECHEVERRI, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRIC...
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United States Court of Appeals For the First Circuit No. 15-2278 ANA MARÍA LÓPEZ-ERQUICIA, Plaintiff, Appellee, v. ÁNGELA WEYNE-ROIG, Defendant, Appellant, OFFICE OF THE INSURANCE COMMISSIONER OF PUERTO RICO; ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1915 MARIO SALINAS; WILLIAM ASCENCIO, Plaintiffs, on behalf of themselves and others similarly situated; BERNALDINO SALINAS; FRANKLIN HENRIQUEZ, Plaintiffs - Appella...
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Case: 16-30523 Document: 00513846289 Page: 1 Date Filed: 01/24/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-305...
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Jermaine Morrison pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). In a written plea agreement, Morrison waived his right to appeal “any sentence imposed by the Court ... so long as it is within the applicable guideline range, or lower, whatever that guideline range might be.” Morrison appealed, arguing that a change in the law entitles him to a reduc...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1262 LAWRENCE HAYES, Plaintiff-Appellant, v. GREGG SCOTT, Defendant-Appellee. __...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ALASKA AIRLINES INC., an No. 13-35574 Alaska corporation, Plaintiff-Appellant, D.C. No. 2:11-cv-00616-JLR v. JUDY SCHURKE, in her official OPINION capacity as Director of the State of Washington Departm...
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United States Court of Appeals for the Federal Circuit ______________________ CHARLES L. KAYS, JR., Claimant-Appellant v. ROBERT D. SNYDER, ACTING SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________ 2016-1314 ______...
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Cert.den. Cir. Ct. (Sarasota)...
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Aff. Cir. Ct. (Lee)...
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Den. Cir. Ct. (Collier)...
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| ¶ After reviewing the evidence and considering the law, we conclude petitioner is eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of two years. During this period, petitioner shall provide evidence to the Office of Disciplinary Counsel, on at least a quarterly basis, demonstrating that she has made a good faith effort to satisfy her fin...
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| t Granted in part; otherwise denied. Relator’s sentencing claim is not cognizable on collateral review, see La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172, and is also repetitive. La.C.Cr.P. art. 930.4(A). With respect to his remaining claims for post-conviction relief, the district court’s September 2, 2014 ruling, in which it summarily denied relat...
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Denied and Opinion Filed January 23, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01468-CV No. 05-16-01470-CV IN RE ALEX RAMIRO PRADO, Relator Or...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 5 IN THE SUPREME COURT OF THE STATE OF UTAH NATALIE HESLOP and BRANDON HESLOP, Appellants, v. ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 7 OCTOBER TERM, A.D. 2016 January 25, 2017 RICHARD CARL BOHLING, Appellant (Defendant), v. S-16-0144 THE STATE OF WY...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ESTATE OF YONADAV HIRSHFELD, et al, Plaintiffs, v. Civil Action No. 15-1082 (CKK) ISLAMIC REPUBLIC OF IRAN, Defendant. MEMORANDUM OPINION AND ORDER ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1857 MARLON HALL; JOHN WOOD; ALIX PIERRE; KASHI WALKER, Plaintiffs − Appellants, and JOHN ALBRECHT, Plaintiff, v. DIRECTV, LLC; DIRECTSAT USA, LLC, Defendants ...
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Opinion Quarter horse trainer Jose De La Torre appeals from the trial court’s denial of his petition for a writ of administrative mandamus, in which he challenged a license suspension and fine imposed upon him by the California Horse Racing Board (Board). The Board penalized De La Torre after finding he violated the Board’s regulations by racing horses medicated with a drug that the Board had temp...
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Filed 1/25/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, B261130 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA094966) v. KEVIN ADONIS FORRE...
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Filed 1/25/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, G052780 v. (Super. Ct. No. ...
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In the United States Court of Federal Claims No. 16-688C Filed: January 24, 2017 ) MICHAEL HORVATH, et al., ) individually, and on behalf of the classes ) of federal Secret Service agents similarly ) situated to him, ...
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Aff. Cir. Ct. (Pinellas)...
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We grant appellant James Ober’s motion for rehearing, withdraw our opinion of August 24, 2016, and substitute the following. This case involves the application of section 48.23, Florida Statutes (2014), the lis pendens statute, to liens placed on property between a final judgment of foreclosure and a judicial sale. We hold that such liens are discharged by section 48.23(l)(d). Background On Novemb...
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The defendant appeals his conviction and sentence for first degree murder. He argues the trial court erred in: (1) denying his motion for judgment of acquittal; (2) refusing to instruct the jury on self-defense; (3) refusing to instruct the jury on circumstantial evidence; and (4) allowing the victim’s daughter to remain in the courtroom after the rule of sequestration was invoked. We find no meri...
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2017 IL App (2d) 140941 No. 2-14-0941 Opinion filed January 25, 2017 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ____...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Jan 25 2017, 8:04 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Mark Small Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Paula J. Beller Deputy Attorney G...
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FILED Jan 25 2017, 12:37 pm CLERK Indiana Supreme Court ...
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11 After a 2012 auto-pedestrian accident, the plaintiffs brought this lawsuit seeking damages for personal injuries, including Lejeune1 damages, against the defendants. After various settlements and dismissals, the case went to a bench trial, where the remaining issues were the fault of the driver, whether Lejeune damages were proven, and the primary insurer’s responsibility for the Lejeune damage...
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STATE OF MINNESOTA IN SUPREME COURT A16-0769 Court of Appeals McKeig, J. Madison Equities, Inc., Appellant, vs. Filed: January 25, 2017 ...
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In the Missouri Court of Appeals Eastern District DIVISION THREE KIRK WILSON, ) No. ED104512 ) Appellant, ) ) vs. ...
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In the Missouri Court of Appeals Eastern District DIVISION TWO ANTOINE ADEM M.D., ) No. ED104191 ) Appellant, ) ) ...
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In the Missouri Court of Appeals Eastern District DIVISION TWO In Re: M.F., by her parents and guardians ) No. ED103936 Carl Fields and Beverly Fields, ) ) Appellant, ) Appeal from the Ci...
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In the Missouri Court of Appeals Eastern District DIVISION FIVE STATE OF MISSOURI, ) No. ED103919 ) Respondent, ) Appeal from the Circuit Court of ...
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In the Missouri Court of Appeals Eastern District DIVISION ONE TERRANCE T. NORMAN, ) No. ED103714 ) Movant/Appellant, ) Appeal from the Circuit Court ...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Affirmed. SALTER and FERNANDEZ, JJ., concur....
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Affirmed on both Appeals...
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Affirmed on both Appeals...
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Affirmed...
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Affirmed...
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OPINION & ORDER The Government moves for additional contempt sanctions against Respondent Subject E on grounds that.,she violated this Court’s previous order compelling her compliance with a 2010 grand jury subpoena seeking foreign bank account records pursuant to the Bank Secrecy Act of 1970. 31 U.S.C. § 5311 et seq. For the reasons that follow, the Government’s motion is granted in part and den...
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MEMORANDUM OPINION A filing fee of $205.00 was due from appellant when this appeal was filed but was not paid. See Tex. R. App. P. 5. The clerk of the court notified appellant of this deficiency in a letter dated November 2, 2016, and stated the fee must be remitted no later than November 17, 2016. Because appellant did not pay the fee, this court issued an order on December 16, 2016, ordering app...
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MEMORANDUM OPINION Opinion by: Sergio Alanis Sr., Maria Guadalupe Alanis, Susie Alanis, Sergio Alanis Jr., and Alonzo Alanis (collectively, “Alanis”) appeal from a final take-nothing judgment in their suit for breach of fiduciary duty and fraud against Jesus Maria Alvarez and Alvarez & Associates (collectively “Alvarez”). We reverse and remand. This court has considered multiple appeals from the ...
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MEMORANDUM OPINION Opinion by: Yvonne1 appeals the trial court’s order terminating her parental rights to her daughter S.L.M. (born 2005) and her son L.P.M. (born 2007). She contends there is legally and factually insufficient evidence that termination of her parental rights is in the children’s best interest. We affirm the trial court’s judgment. Background The Department of Family and Protective...
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MEMORANDUM OPINION This is an appeal from the trial court’s granting of appellee’s motion for summary judgment on all of appellant’s claims and a judgment granting appellee’s motion to enforce. We reverse a portion of the trial court’s judgment imposing an equitable lien for attorney’s fees and affirm in all other respects. BACKGROUND Virginia Higgins and Edwin Dean Higgins were divorced by an ag...
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MEMORANDUM OPINION The trial court granted appellees Daniel Butts, Shane Merritt, and Robert Vela’s plea to the jurisdiction and dismissed John Michael Donohue’s claims against them. On appeal, Donohue argues the trial court erred by dismissing his claims and denying him the opportunity to proceed to discovery because appellees are not entitled to governmental immunity. We affirm the trial court’...
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MEMORANDUM OPINION Opinion by: Joseph Aaron Henry appeals from the trial court’s order denying his petition for expunction of his criminal records. We affirm. *752Background Henry filed a petition for expunction of criminal records seeking to expunge his October 7, 1992 arrest for two burglary of a building offenses, an unauthorized use of a motor vehicle offense, and a criminal mischief offense. ...
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Aff. Cir. Ct. (Clay)...
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Pet. den....
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Belated App. den....
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Proh.dism....
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1376 Lower Tribunal No. 12-22445 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1420 Lower Tribunal No. 12-26693 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-3144 Lower Tribunal No. 07-4070 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-3094 Lower Tribunal No. 11-32791 ___...
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Reversed and Remanded...
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Affirmed...
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Affirmed as Modified...
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Affirmed as Modified and Remanded...
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Affirmed...
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Affirmed...
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Affirmed on both Appeals...
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Affirmed...
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Affirmed...
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Affirmed...
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The following order has been entered on the motion filed on the 24th of January 2017 to Abate Proceeding Based on Defendant's Death:"Motion Allowed by order of the Court in conference, this the 25th of January 2017."...
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The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 24th of January 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 25th of January 2017."Defendant shall have up to and including the 24th day of February 2017 to file and serve his/her brief with this Court....
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ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 15-420, concluding that FRANK A. LOUIS of TOMS RIVER, who was admitted to the bar of this State in 1973, should be censured for violating RPC 1.7(a)(2) (conflict of interest), RPC 8.4(b)(criminal act that reflects adversely on the lawyer’s honesty, trust worthiness or fitness as a lawyer in other respects), RPC 8.4...
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*602ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 16-003, concluding on the record certified by the Board pursuant to Rule l:20-4(f)(default by respondent) that DANIELLE M. JOSEPH of PISCATAWAY, who was admitted to the bar of this State in 2001, should be reprimanded for violating RPC 1.3 (lack of diligence), RPC 1.4(b)(failure to communicate with client), and...
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Granted. Under the facts presented, we find there are genuine issues of fact as to whether the dimly-lit stairwell was unreasonably dangerous, thereby precluding judgment as a matter of law. To the extent plaintiff was aware of the condition of the stairwell, the trier of fact may consider such evidence at trial for purposes of determining the percentage of fault, if any, to be assigned to plainti...
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Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #007 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 25th day of January, 2017, are as follows: PER CURIAM: 2016-C -1097 LARRY F. MITCHELL v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION A...
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Supreme Court of Louisiana FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #007 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 25th day of January, 2017, are as follows: PER CURIAM: 2016-B -1441 IN RE: FRANCIS C. BROUSSARD Judge James T. Genovese, assigned as Justice ad hoc, s...
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11 This action for nullity was brought by a judgment creditor against a judgment debtor and his wife. At issue is whether the spouses’ failure to file a codally-re-quired joint petition to commence the termination of their community property regime, pursuant to La. C.C. art. 2329, results in an absolute nullity or a relative nullity. Because the failure to file a joint petition results in a relati...
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Petition for writ of certiorari to the Court of Appeals of Texas, First District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Mand.den....
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Aff. Cir. Ct. (Duval)...
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Aff. Reemployment Assistance Apps. Com’n...
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Affirmed. See Lynch v. State, 293 So.2d 44, 45 (Fla. 1974) (“A defendant, in moving for a judgment of acquittal, admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence. The courts should not grant a motion for judgment of acquittal unless the evidence is such that no v...
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Affirmed. See Sarasota Citizens for Responsible Gov’t v. City of Sarasota, 48 So.3d 755 (Fla. 2010) (finding private negotiations between deputy county administrator and members of the county board of commissioners, conducted for purposes of developing memorandum of understanding, did not violate Sunshine Law as no final action was taken and any violation would have been cured by subsequent pub-li...
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Affirmed. See Floyd v. State, 569 So.2d 1225, 1232 (Fla. 1990) (“Lay witness opinion is admissible if it is within the ken of an intelligent person with a degree of experience. ... We find the officers’ testimony within the permissible range of lay observation and ordinary police experience.”)...
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This is an administrative appeal of an order from the Reemployment Assistance Appeals Commission (“Commission”) that affirmed a decision of a reemployment assistance appeals referee who held that Diana R. Pedraza was ineligible to receive reemployment assistance benefits because she did not qualify for Trade Readjustment Assistance (“TRA”) program under the Trade Act of 1974. We reverse. The TRA p...
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Both E.R., the mother, and J.P., the father, appeal the trial court’s detailed order adjudicating the couple’s infant son dependent. We consolidated the two appeals. We affirm because the order is supported by competent, substantial evidenced adduced at the two-day dependency hearing. Affirmed....
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-2108 Lower Tribunal No. 12-15015 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-1531 Lower Tribunal No. 13-16460 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D16-386 & 3D16-387 Lower Tribunal Nos. 14-21621 & 14-21623 ...
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ON MOTION FOR REHEARING AND/OR CLARIFICATION This cause is before us on the State of Florida’s Motion for Rehearing and/or Clarification. We deny the motion for rehearing, but withdraw our December 21, 2016 opinion and substitute this opinion in its place. Miller appeals the trial court’s September 16, 2015 order denying his 3.850(b)(2) motion for post-conviction relief, arguing he is entitle...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1892 Lower Tribunal No. 13-319-A-K ___...
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Todd and Shire McLendon appeal a final summary judgment in favor of the Palm Beach County Property Appraiser arising out of the Property Appraiser’s denial of the McLendons’ request for an agricultural tax classification. We reverse for entry of summary judgment in favor of the McLen-dons and their agricultural tax classification. The following material facts are undisputed. The McLendons own a fi...
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The defendant appeals from his conviction for carrying a concealed firearm. He argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to prove the firearm was “on or about his person” or “readily accessible” to him at the time of his encounter with the police. We agree with the defendant’s argument. This case is consistent with the Second Distric...
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The plaintiffs, Per Jonas Ingvar Gus-tafsson and Tressa Stiles, seek review of the following orders: (1) an amended order enforcing a Mediated Settlement Agreement (“MSA”) and finding Great American Insurance (“GAI”) liable for the plaintiffs’ attorney’s fees under the terms of the MSA; (2) an order granting GAI’s motion to limit its liability for fees to the $25,000 sum of the surety bond it issu...
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Jeffery Kogan, a law enforcement officer, sued his employer, Scott Israel as Sheriff of Broward County (“BSO”), under section 112.3187, Florida Statutes (2013) (the “public Whistle-blower’s Act”). In his complaint, Kogan alleged that he was demoted from a homicide detective to a road patrol deputy after he reported an instance of possible excessive use of force by the Fort Lauderdale Police Depart...
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The appellants and plaintiffs below, R.S.B. Ventures, Inc. (“RSB”), Nasser “Isaac” Mizrahi, and Dr. Veronica Motir-am-Mizrahi, appeal the dismissal of their legal malpractice action against Robert P. Lithman and his associated law firms. The trial court dismissed the action on the ground that it was premature. We find that the trial court correctly ruled that the Mizrahis’ legal malpractice claim ...
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Affirmed...
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Reversed and Remanded for further proceedings...
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Affirmed...
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Reversed and Remanded for New Trial...
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Appeal Dismissed...
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Judgment and Sentence Vacated and Remanded with directions...
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Affirmed and Remanded...
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Affirmed...
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Sentence Vacated and Remanded for further proceedings...
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Affirmed on both Appeals...
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Affirmed...
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Affirmed...
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Affirmed on both Appeals...
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Reversed and Remanded on both Appeals...
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In the Missouri Com‘t of Appeals Eastem Distm'ct DIVISION FIVE JIM PEPPER, et al., ) No. ED104394 ) Appellants, ) Appeal from the Circuit Court ) of St. Charles County Vs. ) ) Honorable Daniel G. Pelikan ST. CHARLES COUNTY, MISSOURI, et al., ) ) Respondents. ) Filed: January 24, 2017 Did St. Charles County voters lawfully and effectively amend their county charter to prohibit red-light camera...
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IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON October 25, 2016 Session PINNACLE TOWERS ACQUISITION LLC ET AL. v. BORIS PENCHION ET AL. Appeal from the Chancery Court for Shelby County No. CH-13-1744-2 Jim Kyle, Chancellor No. ...
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ORDER Following disposition of this appeal, an active judge of the Court requested a poll on whether to rehear the case en banc* A poll having been conducted and there being no majority favoring en banc review, rehearing en banc is hereby DENIED. Susan L. Carney, Circuit Judge, concurs by opinion in the denial of rehearing en banc. Dennis Jacobs, Circuit Judge, joined by José A. Cabranes, Reena Ra...
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Aff. Cir. Ct. (Dixie)...
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Because the record supports the trial court’s finding that the Defendant violated his probation, we affirm. See State v. Carter, 835 So.2d 259, 262 (Fla. 2002) (noting that a violation of probation must be proven by the greater weight of the evidence); Jennings v. State, 124 So.3d 257, 262 (Fla. 3d DCA 2013) (“To prove constructive possession, the State must present competent, substantial evidence...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Cir. Ct. (Miami-Dade)...
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Aff. Public Employees Relations Commission...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-331 Lower Tribunal No. 15-15438 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-2723 Lower Tribunal No. 09-34679 ___...
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Third District Court of Appeal State of Florida Opinion filed January 25, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1522 Lower Tribunal No. 13-818-K ___...
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The petitioner, a non-party to the estate’s probate action, seeks a writ of cer-tiorari to quash the probate court’s order: (1) overruling the petitioner’s relevance-based objections to the estate’s subpoena duces tecum upon the petitioner; and (2) requiring the petitioner to file a privilege log pursuant to the petitioner’s privileged-based objections to the subpoena. The petitioner argues that t...
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Petitioner, Howmedica Osteonics Corporation (HOC), seeks certiorari review from a trial court’s order that denied its request to redact identifying information from reports and related documents of health care providers who reported “foreign adverse events” associated with a medical device. Certiorari lies to protect privileged or protected material to avoid the irreparable harm of wrongful disclo...
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Luis Hollis appeals the trial court’s denial of his petitions for writ of mandamus, which sought to compel his court-appointed appellate defense counsel, Philip J. Massa, to provide him with the record on appeal and all trial transcripts related to the direct appeal of his criminal convictions.1 Because the trial court erred in denying appellant’s writ of mandamus without holding an evidentiary he...
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Aff. Cir. Ct. (Broward)...
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This appeal arises out of a business dispute involving a limited liability company. The appellants, the plaintiffs below, appeal the dismissal of their derivative counts brought on behalf of the company, and the claims for breach of contract, civil conspiracy, and unjust enrichment. Because counts IX and XII are interrelated with counts of the complaint still pending below, we dismiss that portion...
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Appellant Steven Orton was convicted of delivery of Methylone and possession of cannabis. He was sentenced to approximately forty-two months in prison. The sole issue on appeal is whether the trial court reversibly erred in allowing testimony concerning typical beliefs of drug dealers. Finding that this issue was not properly preserved below, we are compelled to affirm. Background As part of an un...
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Review denied. All Justices concur....
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Transfer denied. All Justices concur....
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed in part, Reversed in part, and Remanded...
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Affirmed...
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Convictions Affirmed; Sentence Vacated in part and Remanded...
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Reversed and Remanded...
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Affirmed...
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Affirmed in part, Reversed in part on Appeal; Affirmed on Cross-Appeal...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed in part, Reversed in part, and Remanded...
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Affirmed...
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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules. During the course of an investigation, an investigator monitoring petitioner’s telephone calls became suspicious ...
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UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before MULLIGAN, FEBBO, and WOLFE Appellate Military Judges UNITED STATES, Appellee v. Sergeant ERIC D. SHORTS United States Army, ...
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30258 FILED ...
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Aff. Cir. Ct. (Miami-Dade)...
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OPINION AND ORDER Navistar International Corporation (“Navistar”), whose stock is listed on the New York Stock Exchange (ticker symbol NAY) produces, among many things, *750diesel engines regulated by the Environmental Protection Agency (“EPA”). The United States Securities and Exchange Commission (“SEC”) alleges that Defendant Daniel C. Ustian, Navistar’s former Chief Executive Officer (“CEO”) a...
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ORDER GRANTING MOTION FOR LEAVE TO AMEND BUT DENYING REMAND Pending before the Court is Plaintiffs Motion for Leave to File Amended Pleading (doc. 11). Also pending before the Court is Plaintiffs Motion to Remand (doc. 12). After consideration of the motions, the related briefs, and the applicable law, the Court concludes that the motion for leave to amend should be granted, but that the motion t...
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MEMORANDUM OPINION AND FINAL JUDGMENT I. INTRODUCTION Plaintiff Iris Connex filed suit against eighteen manufacturers of smartphones and tablets, claiming each infringed the Plaintiffs only asset, U.S. Patent No. 6,177,950, which is entitled “Multifunction*832al portable telephone.” This type of litigation often ends before it begins. Early disposition typically results from a settlement between ...
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dissenting. ¶21 The majority concludes that the federal Controlled Substances Act (“CSA”), 21 U.S.C. §§ 801-904 (2012), expressly preempts section 14(2)(e) of article XVIII of the Colorado Constitution, which requires the immediate return of marijuana seized by state or local law enforcement officials from a patient upon the determination that the patient-was entitled to use the marijuana for medi...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44250 STATE OF IDAHO, ) ) Boise, December 2016 Term Plaintiff-Respondent, ) ) 2017 Opinion No. 3 v....
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Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 14, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff seeks damages for injuries she sustained when she slipped on a puddle as she descended the stairs in defendants’ building. Defendants established prima facie that they did not have construc...
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Afshin Attar, et al. v. DMS Tollgate, LLC, et al., No. 12, September Term, 2016. Opinion by Hotten, J. ZONING AND PLANNING – FINDINGS, REASONS, CONCLUSIONS, MINUTES OR RECORDS: The Board of Appeals' description of the neighborhood impacted by a special exception must be precise enough to enable a party or appellate court to comprehend the area that the Board of Appeals considered. The sufficiency...
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This case requires the Court to determine whether an insured may receive personal injury protection (“PIP”) coverage, under a personal motor vehicle liability insurance policy held by the insured, for injuries sustained while driving a taxicab owned by the insured but not covered by the personal motor vehicle liability insurance policy, where the personal motor vehicle liability insurance policy c...
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Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered September 22, 2015, which granted defendants’ motion to dismiss the complaint seeking declaratory relief pursuant to CPLR 3211 (a) (2) and (7), unanimously affirmed, without costs. Plaintiffs Touro College and Touro College Jacob D. Fuchs-berg Law Center (Touro) seek a declaratory judgment that defendants Novus University...
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MEMORANDUM OPINION This diversity action is a dispute between plaintiff, Len Stoler, Inc., d/b/a Len Stoler Audi (“Stoler”), a former car dealership, and defendant, Volkswagen Group of America, Inc., d/b/a Audi of America (“AoA”), Stoler’s former distributor. Stoler contends that AoA violated several provisions of Maryland Transportation Code (“MTC”) § 15-207 in the course of their business relat...
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The petition for belated appeal was unnecessary because Petitioner timely initiated an appeal, pending under case number 1D16-3432. The petition is therefore denied. OSTERHAUS, JAY, and WINSOR, JJ., CONCUR....
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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1086-14T4 APPROVED FOR PUBLICATION IN THE MATTER OF THE ESTATE January 26, 2017 OF ART...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Trentlee D. MCCLOUR, Senior Airman United States Air Force, Appellant ...
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OPINION AND ORDER Before, the Court is Defendant’s pro se Motion to Vacate, Set Aside,' or Correct Sentence pursuant to 28 U.S.C. § 2255 (“2255 Motion”) (Doc. 28). I. Factual Background In 2005, Defendant ■ Raymond Mark Hamilton pled guilty to possession of a firearm and ammunition after a felony conviction, which would typically carry a ten-year maximum sentence. Based on facts set forth in the P...
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SECOND DIVISION MILLER, P. J., ANDREWS and BRANCH, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.ga...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http...
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OPINION On January 13, 2017, relator Elaine T. Marshall, as Executor of the Estate of E. Pierce Marshall, Individually, and as Trustee of the EPM Marital Income Trust, filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the respondent, the Honorable Mike Wood, presiding j...
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OPINION Appellant, Charles Darnell Smith, challenges his convictions for indecency with a child and super-aggravated sexual assault of a child. In two issues, appellant contends that the trial court erred in failing to charge the jury that their vérdict on each alleged offense must be unanimous, and in failing to include a culpable mental state in the jury charge on the indecency-with-a-child alle...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaap...
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1 1. Howard Carter appeals an order denying without a trial his 2013 petition seeking discharge from his Wis. Stat. ch. 980 commitment as a "sexually violent person,"1 as well as an order denying *726his motion for reconsideration. Carter contends his initial attorney rendered constitutionally ineffective assistance by failing to challenge the retroactive application of the then-recently amended ...
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FILED United States Court of Appeals Tenth Circuit November 25, 2016 PUBLISH Elisabeth A. Shumaker ...
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Case: 15-14373 Date Filed: 01/26/2017 Page: 1 of 19 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14373 _____________...
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United States Court of Appeals For the Eighth Circuit __________________________ No. 16-1065 __________________________ Philip Sieden Plaintiff - Appellant v. ...
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Dissent by Judge BEA OPINION Appellant Efrain Reynaga and his son Richard Reynaga worked as millwrights *683for Roseburg Forest Products (“Rose-burg”). According to Efrain, he and his son were the only millwrights of Mexican descent at Roseburg. Efrain alleges that during the course of his employment, he was subjected to disparate treatment and a hostile work environment because of his race or nat...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 16 Docket: Cum-16-28 Argued: September 15, 2016 Decided: January 26, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ. ESTATE OF MERRILL P. ROBBINS ...
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Majority: SAUFLEY, C.J., and MEAD and GORMAN, JJ. Dissent: ALEXANDER and JABAR, JJ. [¶ 1] The appeal in this matter requires us to determine whether a private owner of land encumbered by a conservation easement may bring a lawsuit seeking the enforcement of the easement on other land that is not owned by that landowner and in which the landowner has no other legal interest. Here, the Estate of Me...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 18 Docket: Han-16-264 Submitted On Briefs: November 29, 2016 Decided: January 26, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, HJELM, and HUMPHREY, JJ. IN RE CAMERON B. SAUFLEY, C.J. [¶1] The ...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 19 Docket: Fed-16-14 Argued: September 8, 2016 Decided: January 26, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN,* JABAR, and HUMPHREY, JJ. Majority: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HUMPHREY, JJ. Concurrence: SAUFLEY, ...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 20 Docket: Yor-16-7 Submitted On Briefs: October 13, 2016 Decided: January 26, 2017 Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ. BANK OF AMERICA, N.A. ...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 21 Docket: Cum-16-55 Submitted On Briefs: November 29, 2016 Decided: January 26, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, HJELM, and HUMPHREY, JJ. JANICE W. DUNWOODY ...
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OPINION Plaintiff brings an action under the Fair Debt Collection Practices Act (“Act”), alleging false, deceptive, and misleading statements in violation of 15 U.S.C. § 1692e. Defendants are Midland Credit Management (“MCM”), Plaintiffs debt servicer, Midland Funding, Plaintiffs debt owner, and Encore Capital Group, their parent company. Defendants have filed a motion to dismiss under Federal Ru...
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United States Court of Appeals for the Federal Circuit ______________________ CUMBERLAND PHARMACEUTICALS INC., Plaintiff-Appellee v. MYLAN INSTITUTIONAL LLC, MYLAN INC., Defendants-Appellants ______________________ 2016-1155, 2016-1259 ______________________ Appe...
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Filed 1/26/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA ACQUA VISTA HOMEOWNERS D068406 ASSOCIATION, Plaintiff and Respondent, (Super. Ct. No. 3...
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Affirmed Concurs Concurs...
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FILED Jan 26 2017, 6:50 am CLERK Indiana Supreme Court Court of...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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J-S72006-16 2017 PA Super 18 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. KIM DAVID MARCH Appellee No. 530 MDA 2016 Appeal from t...
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OPINION This original proceeding for writ of mandamus arises from a suit concerning encroachment of a neighboring condominium owner. The suit was filed by relator, Hugh Larkin, against real parties in interest, Holly Rodriguez and Riverwalk Council of Co-Owners, Inc.1 Larkin challenges the trial court’s denial of his request for the court reporter to record pre-trial proceedings. In his petition ...
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This sentencing appeal requires us to explore the intersection between the right of a sentencing judge to receive confidential advice from probation officers and the right of a convicted defendant to know the nature of the information upon which he is sentenced and to challenge its relevancy and accuracy. Concluding, as we do, that *3 the court below did not plainly err by engaging in brief, of...
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OPINION Defendants Chris Young (“Young”), Demetrius Duncan (“Duncan”), Alto Parnell (“Parnell”), and Brian Vance (“Vance”) (collectively, “Defendants”) appeal their convictions and sentences (collectively, “judgments”) entered by the United States District Court for the Middle District of Tennessee for conspiracy, inter alia, to distribute and possess with intent to distribute 500 grams or more o...
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OPINION & ORDER Plaintiffs are eleven firefighters who were laid off by the City of Detroit during a reduction in force. Plaintiffs were recalled to work 80 days after being laid off and the Union successfully grieved their layoffs, securing a settlement under which the City agreed to a “make-whole” award of backpay for each Plaintiff. In this action, Plaintiffs assert a Title VII race discrimina...
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OPINION & ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (Dkt. 25) Plaintiff William Dorton filed his amended complaint against Defendants on June 6, 2016, alleging that Defendants violated the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et seq. (“ECOA”), when they communicated with Dorton regarding his application to lease a videogame system made at one of Defendant Kmart’s Detroit, Michigan, ...
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ORDER THIS CAUSE comes before the Court on a Motion for Summary Judgment [ECF No. 166] filed by Plaintiffs State Farm Mutual Automobile Insurance Company (“State Farm Mutual”) and State Farm Fire & Casualty Insurance Company (“State Farm Fire,” and, together with State Farm Mutual, “State Farm”). In the instant motion, State Farm seeks summary judgment in their favor against Defendant Noel Ruiz, ...
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Opinion Defendant and appellant M.C. (M.C.) appeals from a judgment declaring plaintiff and respondent C.M. (Father) to be the sole legal parent of *1192triplet children (the Children) and finding that M.C. has no parental rights. M.C. was the gestational carrier for the Children, who were conceived in vitro using Father’s sperm and ova from an anonymous donor. Father and M.C. entered into the su...
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Opinion Generally, a crime occurs when a person commits a wrongful act (an actus reus) with the requisite criminal intent (a mens rea). In *1168some cases, a person’s failure to act (an omission) constitutes the actus reus. In California, it is a crime when a person willfully fails to timely file a state tax return (the actus reus) with the intent to evade paying the taxes that are owed (the mens...
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In the United States Court of Federal Claims No. 16-268C (Filed: January 26, 2017) ************************************* RCFC 12(b)(1); RCFC 12(b)(6); Motion to CANPRO INVESTMENTS LTD., * Dismiss; Jurisdiction; Submission of * ...
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Aff. Cir. Ct. (Clay)...
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Supreme Court of Florida ____________ No. SC10-2170 ____________ TAVARES DAVID CALLOWAY, Appellant/Cross-Appellee, vs. STATE OF FLORIDA, ...
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Supreme Court of Florida ____________ No. SC13-1834 ____________ PALM BEACH COUNTY SCHOOL BOARD, etc., Petitioner, vs. JANIE DOE 1, etc., et al., ...
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This case is before the Court on appeal from an order denying Appellant Michael L. King’s motion to vacate a judgment of conviction of first-degree murder and a sentence of death under Florida Rule of Criminal Procedure 3.851. We have jurisdiction of the appeal under article V, section 3(b)(1), Florida Constitution. For the reasons expressed below, we affirm the circuit court’s denial of relief on...
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Supreme Court of Florida ____________ No. SC15-2146 ____________ FLORIDA INDUSTRIAL POWER USERS GROUP, Appellant, vs. ART GRAHAM, etc., et al., ...
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Supreme Court of Florida ____________ No. SC15-2294 ____________ SIMON DOCKSWELL, et al., Petitioners, vs. BETHESDA MEMORIAL HOSPITAL, INC., etc., ...
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Supreme Court of Florida ____________ No. SC15-2298 ____________ ALLSTATE INSURANCE COMPANY, Petitioner, vs. ORTHOPEDIC SPECIALISTS, etc., ...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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OPINION ON REHEARING In this appeal from a judgment for conspiracy to breach a fiduciary duty, we determine whether sufficient evidence supports a finding that a- non-employee conspired to aid an employee’s breach of fiduciary duty to his employer. Unitech International, Inc. sued two former employees when it discovered that those employees had stolen Unitech’s trade secrets in preparation for la...
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OPINION Upper Trinity Regional Water District and the Texas Commission on Environmental Quality (TCEQ) appeal the district court’s judgment reversing and remanding a portion of the TCEQ’s order granting Upper Trinity a permit for an interbasin water transfer. Appellee National Wildlife Federation (NWF) participated in a contested case hearing protesting the permit, and, following TCEQ’s grant of ...
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*1249MEMORANDUM OPINION AND ORDER I. INTRODUCTION This case comes before the court on Defendant Novartis Pharmaceutical Corporation (“Novartis” or “NPC”)’s Motions To Strike Expert Testimony. Novartis has moved to exclude the testimony of the following experts: • Dr. Suzanne Parisian (“Dr. Parisian”), the “Parisian Motion” (doc. 108);1 • Dr. William B. Hinshaw (“Dr. Hin-shaw”), the “Hinshaw Motio...
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MEMORANDUM OPINION Petitioner Jason Michael Contreras (“Petitioner” or “Contreras”) originally filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 with this Court on June 25, 2013. [Dkt. 1.] In the petition, Contreras alleges that he is being held in state custody in violation of his federal constitutional rights, based on Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 ...
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#27768-a-DG 2017 S.D. 3 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. ANTWAUN UNDERWOOD, Defendant and Appellant. **** ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-KA-01417-SCT HOWARD LINDSEY v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 08/17/2015 TRIAL JUDGE: HON. EDDIE H. BOWEN TRIAL COURT ATTORNEYS: STEPHANIE BRELAND WOOD CHRIS HENNIS ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01904-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS v. ROBERT BOYD DATE OF JUDGMENT: 09/18/2015 TRIAL JUDGE: HON. CAROL L. WHITE-RICHARD COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ...
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OPINION ON THE MERITS In this interpleader action, two parties assert competing claims to a specific fund that would have been paid in the first instance to another party had that other party not initiated bankruptcy proceedings. As both claimants agree, the fund must properly be distributed outside the bankruptcy proceeding; there will be no share-and-share-alike with other creditors. After a be...
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ORDER THIS MATTER is before the Court upon Petitioner Alejandro Enrique Ramirez Umaña’s unopposed motion to place the above-captioned action in abeyance. (Doc. No. 45). I. RELEVANT PROCEDURAL HISTORY On April 19, 2010, a jury convicted Uma-ña of four capital offenses: two counts of murder in aid of racketeering, 18 U.S.C. § 1959(a)(1), and two counts of murder while using a firearm during and in ...
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OPINION AND ORDER This matter is before the Court upon Plaintiff Swetlic Chiropractic & Rehabilita*885tion Center’s “Placeholder” Motion for Class Certification (“Placeholder Motion”) (Doc. 3). Defendant Foot Levelers, Inc. responded in opposition to the Placeholder Motion (Doc. 17) and Plaintiff replied in support (Doc. 21). Also before the Court is Defendant Foot Leveler, Inc.’s Motion to Stay ...
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Petition for writ of certiorari to the Court of Appeals of Kansas denied....
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*1436Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01905-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS, MARSHALL FISHER, EARNEST LEE AND SONJA STANCIEL v. CHARLES D. ALLEN a/k/a CHARLES DAVID ALLEN DATE OF JUDGMENT: 10/28/2015 TRIAL JUDGE: HON. MARGARET CAREY-McCRAY TRIAL COURT ATTORNEYS: ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01908-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS v. JERRY BLAND DATE OF JUDGMENT: 09/18/2015 TRIAL JUDGE: HON. CAROL L. WHITE-RICHARD COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2016-CA-00101-SCT QUINDON D. THOMAS AND LATARA S.J. THOMAS v. CHEVRON U.S.A., INC. AND DWAYNE HAISCH DATE OF JUDGMENT: 12/22/2015 TRIAL JUDGE: HON. ROBERT P. KREBS TRIAL COURT ATTORNEYS: MATTHEW MESTAYER ...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiff Lee A. Israel (“plaintiff’ or “Israel”), an inmate at the James T. Vaughn Correctional Center (“VCC”), Smyrna, Delaware, proceeds pro se and has been granted leave to proceed in forma pauper-is. He filed this civil rights lawsuit on October 16, 2014, pursuant to 42 U.S.C. § 1983 alleging retaliation against defendants Warden David Pierce (“Pierce”) and...
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ORDER REGARDING PROCEDURES APPLICABLE TO PETITION FOR ORDER AFFIRMING ASSESSMENT OF CIVIL PENALTIES On July 17, 2012, the Federal Energy Regulatory Commission (FERC or Commission) issued orders to show cause to an energy consulting firm and its managing member (Respondents), requiring them to show cause why the Commission should not (1) find them in violation of section 222 of the Federal Power. ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2118 JO HUSKEY; ALLEN HUSKEY, Plaintiffs - Appellees, v. ETHICON, INC.; JOHNSON & JOHNSON, Defendants - Appellants. Appeal from the United States District Court for the So...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4610 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN ANTONIO MORENO-TAPIA, a/k/a Julian Castellanos, Defendant - Appellant. Appeal from the United States District Cour...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1669 SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA, Plaintiff-Appellant, v. TARGET CORPORATION, ...
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Bankruptcy Management Solutions, Inc. (“BMS” for short) provides a variety of administrative services, including software and banking services, to bankruptcy trustees. See www.google.com/?gws_rd= ssl#q= Bankruptcy+Management+Solutions% 2C + Inc (visited Jan. 26, 2017). It is not a bank, but it uses a bank, Rabobank, N.A., as the depositary for the banking services that BMS provides to bankruptcy t...
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APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CR NO. 12-1-0348) SUMMARY DISPOSITION ORDER Affirmed....
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (SPECIAL PROCEEDING PRISONER NO. 09-1-0040) (CRIMINAL NO. 01-1-1164) *297SUMMARY DISPOSITION ORDER Affirm....
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Transfer denied. All Justices concur....
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DECISION AND ORDER I. BACKGROUND Defendants Earl McCoy (“McCoy”) and Matthew Nix (“Nix”) (collectively “Defendants”), represented by counsel, both stand accused by way of a 12-count Third *429Superseding Indictment, returned on January 5, 2017, as follows: Count 1: Hobbs Act conspiracy, in violation of 18 U.S.C. § 1951(a); Count 2: Use of firearms during and in relation to a crime of violence (the...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BRIT UW, LIMITED, : : Plaintiff, : Civil Action No.: 16-0523 (RC) : v. ...
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ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE TO COMPEL ARBITRATION THE MATTER was referred to the Honorable John J. O’Sullivan, United States Magistrate Judge for a Report and Recommendation on Defendants’ Motion to Dismiss Second Amended Complaint or, in the Alternative, Motion to .Compel ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-00804-COA BEDFORD CARE CENTER OF MARION, LLC APPELLANT v. CENITHER NICHOLSON APPELLEE DATE OF JUDGMENT: 05/12/2014 TRIAL JUDGE: HON. LESTE...
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MEMORANDUM OPINION AND ORDER Plaintiffs Omer and Ferdo Grgurev and Defendants Milan Licul and Branko Tur-cinovic are experienced restaurateurs who have owned and operated restaurants together for many years. Unfortunately, the relationship between them has now gone to pot, devolving into this acrid stew which, after long simmering, has now come to a boil. The amended complaint asserts a smorgasbo...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION The plaintiff, Ms. Jessy Boustany, alleges that she was sexually harassed by her supervisor, Mr. George El Hani, over the •course of her twenty-six months working for Xylem, Inc. (“Xylem”). Mr. El Hani callously abused his authority, threatening Ms, Boustany’s job if she did not succumb to his sexual advances. Nearly all of the acts that Ms. Boustany c...
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AMENDED MEMORANDUM OPINION This matter is before the Court on Defendant William R. Whyte’s Motion to Dis*487miss the Indictment. Defendant Whyte filed his Motion on October 20, 2016 [ECF No. 21]. The United States responded on November 17 [ECF No. 40], and Whyte replied on November 29 [ECF No. 44], I heard oral arguments on the Motion on December 1. The matter is now ripe for disposition. For the...
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Dismissed as an appeal from a nonfinal, nonappealable order. CASANUEVA, WALLACE, and LaROSE, JJ., Concur....
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Carol Delisser seeks review of her judgment and sentences for false verification of *641ownership to a pawnbroker and dealing in stolen property. We affirm the judgment and sentences but remand with directions for the court to correct a scrivener’s error on the written judgment and order of probation. The information, jury instructions, and verdict form reflect that Delisser was charged, found gui...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT HUGH MOEN, as personal representative ) of the Estate of Norma L. Silverthorne, ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GINA D. HELLER a/k/a GINA HELLER, ) ) A...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOHNNIE CLARENCE GEORGE, Appellant, ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Petitio...
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Affirmed, without prejudice to Perez’s ability to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.850. See Romero v. State, 176 So.3d 1282, 1282-83 (Fla. 5th DCA 2015) (citing Johnson v. State, 60 So.3d 1045, 1052 (Fla. 2011)). SAWAYA, BERGER and WALLIS, JJ, concur....
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Marquies Brisbane appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Brisbane’s first two claims were not conclusively refuted by the record, we reverse and remand for the trial court to either attach records refuting the claim or to hold an evidentiary hearing. We affirm as to Brisbane’s other claims. *842AFFIRMED...
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Appellant John Baldwin appeals the order denying his motion for attorney’s fees and costs. The trial court denied the motion, concluding that the case was an action for equitable relief. We disagree. The essence of the suit was an action for damages. See DiPompeo Constr. Corp. v. Kimmel & Assocs., Inc., 916 So.2d 17, 19 (Fla. 4th DCA 2005). Therefore, the trial court erred in denying the motion. T...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED NATIONSTAR MORTGAGE, LLC, Appell...
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MEMORANDUM OPINION AND ORDER The Alabama Legislature faced a difficult task in 2012. The Fourteenth Amendment requires state legislative districts of roughly equal population and prohibits racial gerrymandering. But the Voting Rights Act required Alabama to avoid retrogressing the ability of black voters to elect candidates of their choice. In other words, the legislature had to draw districts of...
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTIONS FOR PRELIMINARY INJUNCTION This consolidated case under 42 U.S.C. § 1983 is brought by Ohio inmates under a sentence of death and seeks relief from a number of asserted constitutional deficiencies in Ohio’s new lethal injection protocol adopted October 7,2016. The above-named inmates and the State of Ohio unanimously conse...
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Aff. Cir. Ct. (Hernando)...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment (“Mot. for Summ. J.”) [Doc. No. 66]. For the reasons set forth below, the Motion is granted. I. BACKGROUND The material facts of this matter are undisputed. Instead, the parties dispute the significance of some facts and which facts are relevant. The Court notes these disputes where necessary. A...
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MEMORANDUM & ORDER Plaintiffs Brite-Strike Technologies, Inc. and Telebrands Corp. allege defendant E. Mishan & Sons, Inc. (“Emson”) infringed one of its patents relating to a compact flashlight and a method for operation of such a flashlight. Defendants responded with several counterclaims against plaintiffs and a motion to stay the case pending an ex parte reexamination of the subject patent by...
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ORDER AND NOW, this 24th day of January, 2017, the Petition for Allowance of Appeal is DENIED....
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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Warren Grimes and Johanna Grimes appeal from a declaratory judgment holding that a liability policy issued by Alfa Mutual Insurance Company (“Alfa”) did not provide coverage for a user of an automobile who did not have the express permission of the owner or drivers covered by the policy. Facts and Procedural History On May 7, 2010, Teresa Boop added liability coverage and uninsured/underin-sured-m...
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Myron Timothy Yarbrough appeals from a judgment entered against him by the Shelby Circuit Court in his action alleging legal malpractice against Steven D. Ever-sole, Richard C. Perry, Jr., and Eversole Law, LLC (“the firm”). We affirm in part, reverse in part, and remand. I. Facts In 2006, Yarbrough was convicted of one count of rape in the first degree and two counts of sodomy in the first degree...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0021p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT D.O.; A.O.; R.O., ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0022p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT KIRSTEN WILLIAMS, ┐ Plaintiff-...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1621 LANA CANEN, Plaintiff-Appellant, v. DENNIS CHAPMAN, in his individual capacity as Deputy for the Elkhart County Sheriff Department, ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-3416 ARLINGTON SPECIALTIES, INC., Plaintiff-Appellant, v. URBAN AID, INC., Defendant-Appellee. ...
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ACI Worldwide Corporation (“ACI”) brought this action seeking a declaratory judgment that it validly amended and terminated a Licensing Agreement, thus ending ACI’s obligation to make royalty payments to Churchill Lane Associates, LLC (“Churchill”). Churchill counterclaimed for breach of contract, the district court granted summary judgment in favor of ACI, and Churchill now appeals. We reverse in...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LEONEL SANDOVAL, AKA Lione No. 13-71784 Sandoval, Petitioner, Agency No. A090-808-120 v. SALLY Q. YATES,* Acting Attorney ...
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ORDER Upon the vote of a majority of nonre-cused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 15, 2016 Decided January 27, 2017 No. 14-3091 UNITED STATES OF AMERICA, APPELLEE v. DAVID VYNER, APPELLANT Appeal from the Unit...
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United States Court of Appeals for the Federal Circuit ______________________ DEBRA JONES, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TODD R. MURRAY, DECEASED, FOR AND ON BEHALF OF THE HEIRS OF TODD R. MURRAY, ARDEN C. POST, INDIVIDUALLY AND AS THE NATURAL PARENTS OF TODD R. MURRAY, UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, ...
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United States Court of Appeals for the Federal Circuit ______________________ MID CONTINENT NAIL CORPORATION, Plaintiff-Appellant v. UNITED STATES, DUBAI WIRE FZE, ITOCHU BUILDING PRODUCTS CO., INC., Defendants PRECISION FASTENERS, LLC, Defendant-Appellee _____...
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Filed 1/27/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, A147671 v. JOYE LYNN BROWN, ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DYCK O'NEAL, INC., ) ) ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 42467 UNION BANK, N.A., a national banking ) association, ) ) Plaintiff-Respondent, ) ) v. ) C...
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IN THE SUPREME COURT OF IOWA No. 16–0076 Filed January 27, 2017 BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA, Appellant, vs. SAC COUNTY BOARD OF SUPERVISORS, AS TRUSTEE OF DRAINAGE DISTRICTS 32, 42, 65, 79, 81, 83, 86, and CALHOUN COUNTY BOARD OF SUPERVISORS and SAC COUN...
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IN THE SUPREME COURT OF IOWA No. 16–1228 Filed January 27, 2017 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. BRUCE A. WILLEY, Respondent. On review of the report of the Grievance Commission of the Supreme Court of Iowa. Grievance commission reports respondent committed et...
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IN THE SUPREME COURT OF IOWA No. 16–1704 Filed January 27, 2017 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. PAMELA ANN VANDEL, Respondent. On review of the report of the Grievance Commission of the Supreme Court of Iowa. Grievance commission reports respondent committed e...
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OPINION South Central Kentucky Properties, Inc. (“South Central”) appeals from an Opinion and Order of the Franklin Circuit Court dismissing its action against the Commonwealth of Kentucky, Department of Energy and Environment Cabinet, and from an Opinion and Order granting Summary Judgment in favor of the Commonwealth of Kentucky, Department of Transportation.1 South Central argues that the circu...
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OPINION Louisville/Jefferson County Metro Government (hereinafter “Louisville Metro”) appeals from an order of the Jefferson Circuit Court denying Louisville Metro’s motion for declaratory judgment and granting declaratory judgment in favor of Appellees, John Lewis and the Estate of Don W. Braden (hereinafter “the Estate”). We hold that the trial court’s exclusive reliance upon Lewis’s compliance...
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OPINION A Nelson Circuit Court jury found Mark Lundy guilty of possession of marijuana and possession of drug paraphernalia and, after the penalty phase, recommended a total sentence of twelve-months’ incarceration and a $5,000 fine. A final judgment of conviction was entered in accordance with the jury’s recommended sentence. Mark alleges the following errors: (1) there was no consent to the sear...
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OPINION James.Owens appeals the April 2, 2014 order of the Simpson Circuit Court denying his motion for DNA testing and his motions, amendments, and supplements *4thereto for relief under RCr1 11.42 and CR2 60.02. We affirm. FACTS AND PROCEDURE In 2009, Owens was convicted by a jury of first-degree wanton' assault, tampering with physical evidence, and of being a first-degree persistent felony of...
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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 14-1038 444444444444 LISA KRAMER, F/K/A LISA KASTLEMAN, PETITIONER, v. BRY...
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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 15-0978 444444444444 ELIE NASSAR AND RHONDA NASSAR, PETITIONERS, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, LIBERTY MUTUAL GROUP, D...
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delivered the opinion of the Court. Alan Petrie sued The Gallery apartment complex and its owners (collectively, “Gallery”) after he was assaulted and robbed in the complex’s visitor parking lot. The trial court concluded Gallery owed no duty to Petrie to protect him but the court of appeals reversed, holding there was evidence Gallery knew or should have known of a foreseeable and unreasonable ri...
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Lauren Adelle Collins (“the mother”) appeals from a judgment entered by the Lee Circuit Court (“the trial court”) to the extent that it modified the child-support obligation of Brian Patrick O’Neil (“the father”); ordered the father’s child-support obligation abated during his six-week summer visitation with the parties’ three minor children (“the children”); declined to allow the mother any visit...
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Hibbett Sporting Goods, Inc., (“Hibbett Sporting Goods”), petitions this court for a writ of mandamus directing the Lamar Circuit Court (“the trial court”) to vacate its order denying Hibbett Sporting Goods’ motion for a change of venue and to enter an order transferring the underlying workers’ compensation action to the Jefferson Circuit Court. Hibbett Sporting Goods made a prima facie showing th...
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Michael Gentry (“the father”) seeks review of orders of the Jefferson Circuit Court (“the trial court”) entered in consolidated grandparent-visitation actions filed by Nancy Norris Schillaci (“the maternal grandmother”) and Ben Schillaci (“the maternal stepgrandfather”) and by Eddie Raymond Gentry (“the paternal grandfather”) and Robin Lynne Gentry (“the paternal stepgrandmother”). The attachments...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA JAMES M. STUDLEY, ...
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with whom FABE, Justice, joins, dissenting. I dissent. While I agree with the court’s observation that a liability insurer can assume a “new and independent” duty to a third party claimant while adjusting a claim, as we recognized in O.K. Lumber v. Providence Washington Insurance Co.,1 there is nothing in this case on which to find that such a duty was ever assumed. The plaintiffs allegations, tak...
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The Aabama Department of Conservation and Natural Resources (“the Department”) appeals from a judgment declaring that,§ 9-ll-88(b), Aa..Code 1975, is void because it is a local law and was not properly advertised as such. We dismiss the appeal based on the trial court’s lack of jurisdiction. Jason Kellar is a licensed commercial fisherman and a resident of Madison County. He regularly engages in. ...
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Tenax Corporation (“Tenax”) and Tenax Manufacturing Alabama, LLC (“Tenax Alabama”), petition this Court for a writ of mandamus directing the Conecuh Circuit Court to enter a summary judgment in their favor in John Dees’s tort action against them. Tenax and Tenax Alabama contend that they are immune from Dees’s tort claims under the exclusive-remedy provisions of the Alabama Workers’ Compensation A...
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University Toyota and University Chevrolet Buick GMC (hereinafter referred to collectively as “the 'University dealerships”) appeal the order of the Colbert Circuit Court allowing Beverly Hardeman and Vivian Roberts to pursue their claims against the University dealerships in- arbitration proceedings conducted by the American Arbitration, Association (“the AAA”) instead of the. Better Business Bur...
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Case: 15-11229 Date Filed: 01/27/2017 Page: 1 of 3 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-11229 ________________________ ...
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Kelvin Santini-Santiago (“Santini”) pled guilty to being a prohibited person in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). 1 Although the applicable sentencing guidelines range recommended a-term of imprisonment of twelve to eighteen months, the district court sentenced him to thirty-six months’ imprisonment to be followed by a three-year term of supervised re...
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A jury convicted appellant Sherad Ther-rien on five counts of drug trafficking and one count of being a felon in possession of a firearm and ammunition. Therrien admits that he committed these offenses. However, on appeal he disputes the appropriateness of his convictions and resulting sentence based on events occurring before, during, and after his trial. Specifically, Therrien contends that (...
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This case concerns a claim that the Fal-mouth School Department (“Falmouth” or “School Department”) did not provide one of its students, O.M., with a “free appropriate public education” (“FAPE”) as guaranteed under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. The complaint centers on O.M.’s individualized education program (“IEP”), which constitutes the “pr...
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Filed: 01/27/2017 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT IN RE Q.R., a Person Coming Under the H043075 Juvenile Court Law. (Santa Clara County Super. Ct. No. 315-JV-41136A) TH...
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ORDER ADOPTING REPORT AND RECOMMENDATION Magistrate Judge Bruce McGiverin’s Report and Recommendation (Docket No. 77) on Defendants’ motion to dismiss is hereby ADOPTED in its entirety. Accordingly, Defendants’ motion to dismiss the Amended Complaint (Docket No. 27) is DENIED. The undersigned has received and reviewed the objection to the Report and Recommendation filed by Defendants Superintende...
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Kerry Stephen Thomas appeals from the district court’s judgment summarily dismissing Thomas’s amended petition for post-conviction relief. Specifically, Thomas maintains the district court erred in dismissing Thomas’s petition because his trial counsel rendered ineffective assistance by failing to investigate an affirmative defense prior to advising Thomas to plead guilty. For the reasons explaine...
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FILED Jan 27 2017, 8:42 am CLERK Indiana Supreme Court ...
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| iThis matter is before us as an expedited appeal, pursuant to La. R.S. 13:5128. The plaintiffs, Town of Sterlington and Lucia Holtzclaw,1 appeal from a trial court judgment denying their challenge to the proposed expenditure of ad valorem tax proceeds by the East Ouachita Recreational District No. 1 (“EORD”) to secure bonds and their request for an injunction prohibiting the issuance of the prop...
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Kindred Healthcare, Inc., Personacare of Reading, Inc., d/b/a Kindred Transitional Care and Rehabilitation-Wyomissing, Kindred Nursing Centers East, LLC, Kin*49dred Healthcare Operating, Inc., and Monique Cole, NHA (collectively, “Kindred”), appeal from the order entered in the Court of Common Pleas of Berks County, overruling Kindred’s preliminary objections to the complaint filed by Bret Cardina...
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-15-00089-CV § IN THE MATTER OF A.P., a Juvenile. ...
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OPINION Jesus Guerra, pro se, appeals from an order modifying child support and health insurance obligations under a prior order in a suit affecting the parent-child relationship. We affirm. FACTUAL SUMMARY The final decree of divorce ordered Jesus Guerra to pay child support in the amount of $300,00 per month and designated Jessica Jacobs as the primary joint managing conservator of M.D.G. with ...
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2017 UT App 16 THE UTAH COURT OF APPEALS PENN SMITH AND VALDEN CRAM, Appellees, v. JOHN H. KIRKLAND, KEVIN B. KIRKLAND, DAVID R. KIRKLAND, LINTON C. KIRKLAND, HYLAN F. KIRKLAND, MARY RUTH COOPER, JAMES H. KIRKLAND, RICHARD A. KIRKLAND, EPHRAIM B. KIRKLAND, KIRK B. KIRKLAND, B...
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2017 UT App 18 THE UTAH COURT OF APPEALS SOUTH JORDAN CITY, Appellee, v. IAN SUMMERHAYS, Appellant. Memorandum Decision No. 20150527-CA Filed January 26, 2...
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No. 115,023 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MARK BYERS, Appellant, v. ACME FOUNDRY, Appellee. ...
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OPINION & ORDER Plaintiffs John Copeland, Pedro Perez, and Native Leather, Inc. (“Native Leather”) assert an as-applied constitutional challenge to the validity of New York Penal Law §§ 265.00(5) and 265.01(1), which criminalize the possession of gravity knives (the “Gravity Knife Law” or “Gravity Knife Statute”). (See Amended Complaint ¶¶ 59-60, ECF No. 61.) The Gravity Knife Statute defines a g...
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No. 114,635 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. RONALD COTTRELL, Appellant. ...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 15-2475 _____________ IN RE: GRAND JURY MATTER #3 John Doe, Appellant ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1075 BILLY E. PRINCE, individually and as personal representative for the late JUDITH A. PRINCE, Plaintiff - Appellant, v. SEARS HOLDINGS CORPORATION, a Delaware corporation, ...
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Case: 15-41554 Document: 00513851523 Page: 1 Date Filed: 01/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-...
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Filed 1/27/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE ANTHONY McGINNIS, Petitioner, v. A149006 THE SUPERIOR COURT OF ALAMEDA COUNTY, ...
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Filed 1/27/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA D071345 In re KEVIN DWAYNE MALLARD on Habeas Corpus. (Super. Ct. No. SCD24981...
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*413FINDINGS OF FACT & CONCLUSIONS OF LAW Mohammed Solimán (“Solimán”) commenced this action against defendant Maersk Line Limited (“Maersk”) for Jones Act Negligence, 46 U.S.C. § 30104, and general maritime unseaworthiness, after suffering a debilitating shoulder injury during the course of his duties as an Able Bodied Seaman (“ABS”) aboard the Maersk Idaho (the “Idaho”). (Dkt. No. 1). Based on ...
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On En Banc Consideration of Appellee’s Motion for Attorney’s Fees The appellee moved for attorney’s fees in this paternity action. We grant the ap-pellee’s motion, and as fashioned below, we recede from Gilbertson v. Boggs, 743 So.2d 123 (Fla. 4th DCA 1999). We now apply the plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which has remained identically worded for...
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Aff. Cir. Ct. (Volusia)...
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OPINION Stuart Dale Carney brings this appeal from a June 25, 2014, order of the Jefferson Circuit Court granting Rusty Galt and Julita Nord’s respective motions for summary judgment as concerns Carney’s premises liability and negligence claims arising from injuries sustained on June 9, 2012.1 For the reasons stated, we affirm in part, reverse in part, and remand. BACKGROUND The circuit court set ...
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Nat'l Union Fire Ins. Co. of Pittsburgh, PA. v. Fund for Animals, Inc., No. 18, September Term, 2016. Opinion by Greene, J. INSURANCE LITIGATION–UNTIMELY NOTICE–ACTUAL PREJUDICE An insured breaches an insurance contract when the insured does not provide timely notice of a claim against it to the insurer in accordance with the insurance contract. Under § 19-110, an insurer may disclaim coverage wh...
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OPINION BY Gary McCoy appeals from the judgment of sentence imposed on May 7, 2015, in the Court of Common Pleas of Philadelphia County. A jury convicted McCoy of persons not to possess firearms,1 and the trial court sentenced McCoy to a term of four to eight years’ incarceration, followed by two years! probation. Prior to trial, McCoy filed an omnibus motion, seeking to suppress “any and all phys...
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2017 UT App 15 THE UTAH COURT OF APPEALS SARA ALICIA DOXON, Petitioner, v. DEPARTMENT OF WORKFORCE SERVICES, Respondent. Per Curiam Decision No. 20160884-CA Filed January 26, 20...
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2017 UT App 19 THE UTAH COURT OF APPEALS DAVID K. GILLETT AND MAJESTIC AIRLINES INC., Appellants, v. BOYD J. BROWN, SENTRY FINANCIAL CORPORATION, AND SFC AIRCRAFT CORPORATION I, Appellees. Opinion ...
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2017 UT App 17 THE UTAH COURT OF APPEALS LORI RAMSAY AND DAN SMALLING, Petitioners, v. RETIREMENT BOARD AND KANE COUNTY HUMAN RESOURCE SPECIAL SERVICE DISTRICT, Respondents. Opinion No...
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Nos. 114,705 114,707 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ROCHELLE PATTERSON, Mother and Next Best Friend of NICOLETTE PATTERSON, a Minor, and GAVIN PATTERSON, a Minor, Appellant, ...
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MEMORANDUM OPINION & ORDER This matter is before the Court upon Defendant’s Motion to Dismiss Count I of *865Plaintiffs Amended Complaint [DE 17]. Plaintiff has filed a Response [DE 20], stating his opposition to the Motion to Dismiss, and Defendant has filed a Reply [DE 21] in further support of its Motion. This motion is now ripe for consideration and, for the reasons stated below, will be gran...
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■ ORDER OF REMAND Plaintiff Paul Atanasio brought this action, both individually and derivatively, on behalf of Somerset Production Company, LLC (“Somerset”) against Thomas O’Neill, a constituent member of Somerset. The case was originally filed in New York Supreme Court, Kings County. The short journey from state court to blocks away comes by way of the lawsuit’s removal to federal court under 2...
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (FC-CRIMINAL NO. 13-1-2321) SUMMARY DISPOSITION ORDER Affirmed....
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*216The following order has been entered on the Motion for Extension of Time to File Brief filed on the 25th of January 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 26th of January 2017."Defendant shall have up to and including the 6th day of February 2017 to file and serve his/her brief with this Court....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) DAVID SCHERMERHORN, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 16-004...
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OPINION AND ORDER Pending before the Court is plaintiffs’ motion to remand this Case to the Puerto Rico Court of First Instance, Guayama Superior Division. (Docket No. 23.) Having considered the motion, as well as defendant’s opposition (Docket No. 32), the Court GRANTS plaintiffs’ motion and REMANDS this case to the Commonwealth court.1 I. BACKGROUND On December 23, 2015, Mercedes Morales-Ramos ...
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Affirmed Concurs Concurs...
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ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Stephen T. Owens Curtis T. Hill, Jr. Public Defender of Indiana Attorney General of Indiana Tracy Anne Nelson Eric Parker Babbs Deputy Public Defender Deputy Attorney Gene...
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ORDER GRANTING IN PART & DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS [DE 24] THIS CAUSE is before the Court upon Defendant’s motion -to suppress physical and testimonial evidence. The Court conducted an evidentiary hearing and now makes the following: FINDINGS OF FACT Í. Defendant Lee Robert Moore is 38 years of age. He resides with his wife and child in Church Hill, Maryland. For the *1331pas...
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Upon consideration of the petition filed on the 29th of September 2016 by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 26th of January 2017." Therefore the case is ...
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The following order has been entered on the conditional motion filed on the 15th of November 2016 by James F. Collins for leave to file Amicus Curiae Brief:"Motion Allowed by order of the Court in conference, this the 26th of January 2017."Unless already submitted, the Amicus Brief shall be submitted to the court within *212the times allowed and in the manner provided by Appellate Rule 28(i)....
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The following order has been entered on the motion filed on the 14th of December 2016 by State of NC to Amend Response to Petition for Discretionary Review:"Motion Allowed by order of the Court in conference, this the 26th of January 2017."...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Travelers Indemnity Company of America’s (“Travelers”) Motion to Dismiss Plaintiffs First Amended Complaint (“Motion to Dismiss”). ECF No. 13. For the reasons stated herein, Travelers’ Motion to Dismiss the Amended Complaint is GRANTED. *784I. PROCEDURAL BACKGROUND On May 6, 2016, Electric Motor and Contracting Company, Inc. (“Ele...
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OPINION & ORDER This matter is before the Court on Plaintiff Vir2us, Inc.’s (“Plaintiff’) two motions seeking disciplinary action against Invincea, Inc. and Invincea Labs, LLC (collectively, “Defendant”): an Emergency Motion to Show Cause for Why Invincea Should Not Be Held in Contempt for Violating the Court’s Order Compelling Discovery (“Show Cause Motion”), Doc. 430, and a Motion to Strike Def...
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APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 14-1-0186(2)) SUMMARY DISPOSITION ORDER Affirmed....
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Upon consideration of the petition filed on the 6th of September 2016 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 26th of January 2017." Therefore the case is do...
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Upon consideration of the petition filed on the 6th of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 26th of January 2017." Therefore the case is doc...
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Upon consideration of the petition filed by State of NC on the 18th of October 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Allowed by order of the Court in conference, this the 26th of January 2017." Upon consideration of the petition filed on the 7th of November 2016 by State...
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Upon consideration of the petition for discretionary review, filed by Defendant (NCDHHS) on the 22nd of November 2016 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petiti...
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Aff. Cir. Ct. (Palm Beach)...
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Upon consideration of the petition filed on the 15th of November 2016 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: *215"Allowed by order of the Court in conference, this the 26th of January 2017." Therefore the case ...
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals....
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ORDER DENYING FACEBOOK’S MOTION TO DISMISS On August 9, 2016, Facebook filed a motion to dismiss Brickman’s First Amended Complaint (“FAC”) under Fed. R. Civ. P. 12(b)(6). ECF No. 50. Pursuant to Fed. R. Civ. P. 5.1, Facebook also filed a Notice of Constitutional Question to the Attorney General of the United States. ECF No. 51. And pursuant to Fed. R. Civ. P. 5.1(c), the United States intervened...
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ORDER RE: MOTION TO DISMISS SECOND AMENDED COMPLAINT Plaintiff Kian McCarthy, who worked as a letter carrier for 24 years, brings this action against his former employer, the United States Postal Service, arising from the termination of his employment.1 The Second Amended Complaint (“SAC”) alleges causes of action for disability discrimination, retaliation, failure to accommodate a disability and...
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CORRECTED1 MEMORANDUM AND ORDER RE: DISMISSAL MOTIONS The Court has before it the following motions to dismiss2 with the materials submitted relating thereto: In MJG-16-1288: • Defendant Samuel Cogen’s Motion To Dismiss [ECF No. 12]. • Defendant Marilyn Mosby’s Motion to Dismiss [ECF No. 25], In MJG-16-1304: • Defendant Samuel Cogen’s Motion To Diámiss [ECF No. 8], • Defendant Marilyn Mosby’s Mot...
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MEMORANDUM AND ORDER This matter is before the Court on plaintiffs motion for summary judgment. Defendant has filed a memorandum in opposition, and all issues are fully briefed. I. Background Plaintiff Allied Property and Casualty Insurance Company issued an automobile insurance policy to defendant Lynn Stuart, *972providing underinsured motorist coverage (UIM) of up to $100,000 per person. On Ju...
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MEMORANDUM Some personal injury cases spring from highly questionable circumstances, and others from undeniably life-altering events. Setting aside ultimate questions of liability and damages, this litigation is tragically one of the latter. When Plaintiff Daniel Fassett heard sputtering sounds emitting from his lawnmower, he attempted to relieve the pressure in its fuel tank by loosening the cap...
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MEMORANDUM OPINION AND ORDER In September 2014, Plaintiff Jennifer Cramblett filed suit against Midwest Sperm Bank, LLC (“Midwest”) in Illinois state court, alleging claims under Illinois law. In April 2016, Cramblett filed this federal diversity action against Midwest, also alleging a variety of state law claims. Because Cramblett’s state court action remains pending, Midwest Sperm Bank has move...
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ENTRY ON PLAINTIFF’S MOTION FOR RECONSIDERATION. This cause is before the Court on Plaintiff Seifullah Chapman’s motion asking this Court to reconsider the order of the District of Colorado transferring Chapman’s claim for injunctive relief against the Federal Bureau of Prisons (“BOP”) to ■ this district. The motion is fully briefed and the Court, being duly advised, GRANTS the motion (Dkt. No. 20...
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delivered the opinion of the Court. Wallace Hall, a regent for The University of Texas System, sued the System’s Chancellor, William McRaven, for McRa-ven’s refusal to grant Hall complete access to records containing student-admissions information. At the heart of the case are issues central to governance in higher education. Does a university regent have an inherent right to access information? I...
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delivered the opinion of the Court, in which Justice Johnson, Justice Guzman, Justice Lehrmann, and Justice Boyd joined. Lest fear of damages dampen speech on public matters, the First Amendment im*881poses safeguards for defendants in defamation cases. For example, a private individual who sues a media defendant for defamation over statements of public concern must prove the statements were false...
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Application to recall and stay the mandate pending disposition of the petition for writ of certiorari presented to Justice KENNEDY and by him referred to the Court denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of New Mexico denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is pa...
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Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department denied....
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ORDER re: Plaintiffs Motion for Partial Summary Judgment or in the Alternative Summary Adjudication [36] Currently before the Court is Plaintiff The Lincoln National Life Insurance Company’s (“Plaintiff’) Motion for Partial Summary Judgment, or in the Alternative, Summary Adjudication (“Motion”) as to its claim for Money Had and Received against Defendant Pamela McClendon (“Defendant”) [36]. Havi...
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MEMORANDUM AND ORDER INTRODUCTION This is an action for the collection of withdrawal liability under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, as amended by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”). Edward Groden1 brought suit on behalf of the New England Teamsters and Trucking Industry Pension Fund (“Fund”) to collect from J. Ta...
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OPINION AND ORDER I. INTRODUCTION This cause came before the Court at a four-day bench trial held from September *130126 to September 29, 2016. Following the trial, the parties submitted proposed Findings of Fact and Conclusions of Law (Docs. 499, 500). Upon due consideration of the testimony, exhibits received into evidence, argument of counsel, and the applicable law, and being fully advised in...
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MEMORANDUM OPINION I. BACKGROUND On April 4, 2016, Michael Cousin filed this employment discrimination action against the United States of America, the United States Department of Homeland Security, the Secretary of Homeland Security,1 and other individual defendants in response to his removal from the federal service after being designated unfit for *478duty. Compl. [Dkt. No. 1], Defendants have...
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Kor-Ko Ltd. and John E. Rothamel v. Maryland Department of the Environment, No. 23, September Term, 2016. Opinion by Harrell, J. MARYLAND DEPARTMENT OF THE ENVIRONMENT–REGULATORY INTERPRETATION–COMAR 26.11.15.06–WHERE TO MEASURE AMBIENT IMPACTS FOR CREMATORIUM CONSTRUCTION PERMIT The Maryland Department of the Environment (MDE) interpreted permissibly the term "premises" in § 26.11.15.06 of its ...
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MEMORANDUM OPINION AND ORDER “The deference usually given to the judgment of legislators does not extend to decisions concerning which resident citizens may participate in the election of legislators and other public officials. Those decisions must be carefully scru*591tinized by the Court to determine whether each resident citizen has, as far as possible, an' equal voice in the selections. ” Kra...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 24th of January 2017 by Defendant:"Motion Dismissed as moot by order of the Court in conference, this the 25th of January 2017."...
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Upon consideration of the petition for discretionary review, filed by Defendant (Computer Sciences Corporation) on the 22nd of November 2016 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court...
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AMENDED ORDER ON SOCIAL SECURITY DISABILITY I. INTRODUCTION Plaintiff, Amor J. Blacktongue, brings this action pursuant to 42 U.S.C. *1218§§ 405(g), and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying his applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), under Title II and Title XVI of the Social Sec...
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MAJORITY OPINION After a hurricane and a fire caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The appellant owners argued that by failing to repair hurricane and fire damage to the condominium complex and by demolishing it, the individual board members were liable for breach of contract, negligence, gross neglige...
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OPINION A jury found appellant Elena Antoinette Bradford guilty of failing to report child abuse.1 In a single issue, appellant contends that the evidence is legally insufficient under the corpus delicti rule because there is no evidence corroborating her extrajudicial confession. The State contends that the corpus delicti rule does not apply because appellant did not “confess” to the crime. The ...
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Aff. Cir. Ct. (Citrus)...
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The petition for writ of certiorari was dismissed today pursuant to Rule 46 of the Rules of this Court....
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______ No. 16-3528 ______ KHADIDJA ISSA; Q. M. H., A MINOR, INDIVIDUALLY BY AND THROUGH HIS PARENT, FAISA AHMED ABDALLA; ALEMBE DUNIA; ANYEMU DUNIA; V. N. L.; SUI HNEM SUNG, AND ALL OTHERS SIMILARLY ...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 15-3839 _____________ FREDRICK CAPPS, Appellant v. MONDELEZ GLOBAL, LLC ...
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Case: 16-60106 Document: 00513853422 Page: 1 Date Filed: 01/27/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-60106 Fifth Circuit ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-3071 LEGATO VAPORS, LLC, et al., Plaintiffs-Appellants, and RIGHT TO BE SMOKE-FREE COALITION, INC., Intervenor-Appellant,...
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FILED Jan 30 2017, 9:23 am CLERK Indiana Supreme Court ...
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FILED Jan 30 2017, 8:26 am CLERK Indiana Supreme Court ...
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Filed 1/27/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 10 ORDER Supreme Court No. 20170023 Ward Co. No. 51-2015-CR-01459 State of North Dakota, Petitioner         v. The Honorable Stacy J. Louser and Alexander Justin Pittenger, Respondents Per Curiam. [¶1] The State of North Dakota, through Ward County Assistant State's...
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Case: 15-12095 Date Filed: 01/30/2017 Page: 1 of 16 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-12095 ________________________ D.C...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-3132 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. STEVEN R. SCHENIAN, Defendant-Appellant. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JAMES OWENS, et al., Plaintiffs, v. Civil Action No. 15-1945 (JDB) BNP PARIBAS S.A., et al., Defendants. MEMORANDUM OPINION Plaintiffs in this case are vi...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIERRA CLUB, Plaintiff, v. GINA MCCARTHY, in her official Civil Action No. 15-2264 (CKK) capacity as Administrator of the United States Environmental Protection Agency, Defendant. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOYCE M. CONYERS, Plaintiff, Case No. 1:16-cv-02000 (CRC) v. JOEL WESTPHAL, Defendant. MEMORANDUM OPINION ...
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MEMORANDUM AND ORDER Hillside Baptist Church and Signs for Jesus want to install an electronic sign on the Church’s property in Pembroke, New Hampshire. They brought this action against the Town of Pembroke, its Zoning Board of Adjustment, and its Code Enforcement Officer, Everett Hodge, after defendants denied plaintiffs’ request for a permit to install the proposed sign. Plaintiffs allege viola...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT AND MOTION FOR ORAL ARGUMENT INTRODUCTION AND SUMMARY OF DECISION Before the court is a motion for summary judgment,1 an amended motion for summary judgment2, and a motion for hearing3 brought by Defendant, BNSF Railroad Company, a Delaware corporation (“BNSF”), all filed on August 22, 2016. The a...
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OPINION AND ORDER Plaintiffs Jessica Lumpkin and Jaylina Lloyd—mother and daughter, respectively—bring this action under 42 U.S.C. § 1983 against New York City Police Department (“NYPD”) Detectives Lauren Brehm, Shkelzen Ahmetaj, and John Doe, and NYPD Sergeant Richard Roe (together, “Defendants”). Defendants have moved to dismiss Plaintiffs’ Second Amended Complaint (the “SAC”) under Federal Rule...
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ORDER This order addresses plaintiff Integrity Medical Management, LLC’s (IMM) motion for partial summary judgment [ECF No. 108], defendant Surgical Center at Premier, LLC’s (Premier) motion for summary judgment [ECF No. 110], and defendant Surgical Care Affiliates, LLC’s (SCA) motion for summary judgment [ECF No. 112]. For the reasons stated below, the Court grants IMM’s motion in part and denie...
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The district court sentenced Aurelio Llanos-Falero to 137 months of imprisonment after he pled guilty to bank robbery, see 18 U.S.C. §§ 2113(a), 2113(d), and 2, and to brandishing a firearm during and in relation to a crime of violence, see id. §§ 924(c)(1)(A)(ii), and 2. The district court ordered that this sentence run consecutively with Llanos-Falero’s sentences for Puerto Rico law convictions...
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The district court sentenced defendant Joshua Nieves-Mercado (“Nieves”) to 60 months’ imprisonment, a term that exceeded by 9 months the top of the guidelines sentencing range and by 14 months the government’s recommendation pursuant to a plea agreement. Nieves appeals, arguing that the court abused its discretion by considering unreliable evidence, by varying upward based on information already ...
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On August 31, 2009, the pharmaceutical company Pfizer, Inc. settled various claims that it had violated the False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq„ with the U.S. Department of Justice (“DOJ”). As part of that settlement, Pfizer entered into a Corporate Integrity Agreement (“CIA”) with the U.S. Department of Health and Human Services (“HHS”). Less than a year after that settleme...
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Oral Swaby, a citizen of Jamaica, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming his order of removal and denying his request for cancellation of removal. We dismiss in part and deny in part the petition. I. Swaby lawfully entered the United States on a tourist visa in May 1996, and he adjusted to lawful permanent resident status on May 14, 20...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4532 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DESHAWN DOZIER, Defendant - Appellant. Appeal from the United States District Court f...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA I)ANIEL B. CARRoLL, Plainriff, v. Civil Case No. 16-0764 (RJL) OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Defendant. MEMoRANDUM oPINIoN (January?_§, 2017) [Dkt. #3, #5, #6] Daniel B. Carroll ("plaintiff" or "Carroll") brings this action pro se against the U.S. Department of Labor's Off`lce of Fed...
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Opinion & Order • In this political discrimination action, several transitory employees of the Municipality of Arecibo (the Municipality) allege that their employment contracts were not renewed due to their political affiliation with the Popular Democratic Party (PDP). These Plaintiffs are currently represented *360by six attorneys from the law firm of Aldarondo & López Bras (ALB). Defendants mov...
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OPINION AND ORDER This is a civil action to recover damages for the murder of two United States citizens, Saado Ali Warsame and Abdullahi Ali Anshoor. Warsame and Anshoor were killed in Mogadishu, Somalia in 2014. The First Amended Complaint (“FAC”) alleges that they were murdered by the terrorist organization Harakat al-Shabaab al-Muja-hideen or “al-Shabaab.” Plaintiffs, relatives and representa...
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In the United States Court of Federal Claims No. 12-183L (Filed: January 30, 2017) ) CLARENCE CHAPMAN, et al., ) ) Plaintiffs, ) Motion to Amend Complaint or ...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Superior Communications, doing business as Smile FM, commenced this suit in state court on or around August 13, 2015, alleging that the Defendant City of Riverview breached a license agreement executed by the parties and violated Plaintiffs federal constitutional rights to due process and equal protection...
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ORDER THIS CAUSE comes before the Court on Defendants’ Motion to Dismiss Rela-tors’ Second Amended Complaint [ECF-No. 228] (the “Joint Motion”), filed by Defendants BankUnited Financial Corporation (“BUFC”); BankUnited, N.A. (“BankUnited”); PricewaterhouseCoópers LLP (“PwC”); 1 Wells Fargo Bank, N.A. (‘Wells Fargo”); 2 Wells Fargo Delaware Trust Company, N.A. (“Wells Fargo Delaware”); 3 U.S. Bank...
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*318ORDER Bernard Kelly, a Michigan prisoner proceeding pro se, applies for a certificate of appealability (COA) to appeal the district court’s judgment denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. In 2005, Kelly was convicted of murdering his three-year old daughter, Stefanie Belue, and shooting her two daycare providers, Sherita Griggs and Annette Rice. A jury convicted Kel...
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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0085n.06 Case No. 16-5524 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ...
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*318MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION TO CERTIFY COURT’S ORDER FOR INTERLOCUTORY APPEAL ., I. Background This case is one of many consolidated in a multi-district litigation proceeding arising out of claims that the use of the drug Zofran (ondansetron) by pregnant .women caused birth defects. Plaintiffs Kierra Simmons, Tia Hancock, Joanna Tyler, and Dawn Barchiesi originally filed suit i...
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OPINION Plaintiff Jaswinder Singh (hereinafter, “Plaintiff’) filed this action against Defendant Uber Technologies, Inc. (hereinafter, “Defendant” or “Uber”), alleging that Defendant (i) misclassified him and other similarly situated New Jersey Uber drivers as independent contractors, rather than employees; (ii) failed to pay overtime compensation; and (iii) required drivers to pay for significan...
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While confined at the federal prison in Terre Haute, Indiana, William Miller fell out of an upper bunk and broke his back. Contending that he should have been in a lower bunk, Miller seeks compensation in this Bivens action. Miller died in June 2016; the record does not show why. His estate has been substituted as the plaintiff, but we use his name to make the exposition easier to follow. Miller’s...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3175 WILLIAM D. AVERY, Plaintiff-Appellant, v. CITY OF MILWAUKEE, et al., Defendants-Appellees. ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3200 IN RE: MARGARET KEMPFF, Debtor-Appellee. APPEAL OF: BRIAN K. FARLEY. ____________________ Appeal from the United States District Court ...
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MAJORITY OPINION This is an interlocutory appeal of a trial court’s order setting aside two sanctions orders issued by an arbitrator before the American Arbitration Association (the AAA). The trial court held that the arbitrator’s sanctions orders were obtained through evident partiality by the arbitrator and appointed a new arbitrator over the dispute. Appellant Builders First Source-South Texas...
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Upon consideration of the petition filed on the 7th of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 11th of October 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 8th of November 2016 by Petitioners in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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In 2009, the Social Security Administration notified Plaintiff John Casey that he needed to repay about $334,000 in disability benefits he should not have received. Casey sought a waiver, but an administrative law judge denied his request. Six months later, Casey submitted an untimely request to the Appeals Council seeking review of the ALJ’s decision. Casey argued that he had good cause for his d...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Case No. 13-cr-305-33 (EGS) ...
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MEMORANDUM OPINION Plaintiff Philip Tridico has moved for attorneys fees and costs pursuant to 42 U.S.C. § 2000e-5(k) and 38 U.S.C. § 4323(h)(2), under which the Court has discretion to award reasonable fees to a prevailing-party. (Pl.s Mem. in Supp. of Mot. for Attorneys Fees and Costs [ECF No. 76] at 3 (“Pis. Mot.”).) Defendant, the District of Columbia (the “District”), does not dispute that p...
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MEMORANDUM OPINION & ORDER Before the Court is [36] defendant City Power Marketing’s Rule 56(d) motion for *154discovery. For the following reasons, City Power’s motion for discovery is granted in part and denied in part. I. BACKGROUND The Court’s August 10, 2016 memorandum opinion discusses at length the complex background of this case, including the workings of the energy markets at issue and t...
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MEMORANDUM OPINION This case- arises out of a Freedom of Information Act request by plaintiffs Shane Harris,- a reporter for the publication The Daily Beast, and the James Madison Project, seeking records “pertaining to the revelations, that former Secretary of State Hillary Rodham Clinton’s private attorney, David Kendall, had retained personal control, over a thumb, drive contain*164ing e-mails...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Eugene Davis, : : Plaintiff, : v. : Civil Action Nos. 15-2071, 15-1670 -CKK : :...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) UNITED STATES OF AMERICA, ) ) v. ) ) Criminal Action No. 16-cr-224 (RMC) GADDY LITTLE (1), ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILLIAM H. SMALLWOOD, JR. ) ) Plaintiff, ) ) v. ) ...
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ORDER This matter is before the court on defendant’s motion to suppress certain evidence allegedly obtained in violation of the Fourth Amendment to the United States Constitution and Rule 41 of the Federal Rules of Criminal Procedure. (DE 21). For the reasons that follow, defendant’s motion is denied. BACKGROUND August 23, 2016, a grand jury returned an indictment charging defendant with 10 count...
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The following order has been entered on the motion filed on the 8th of November 2016 by Defendant to Appoint Counsel:"Motion Dismissed as moot by order of the Court in conference, this the 26th of January 2017."...
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OPINION AND ORDER The advent of new technologies in the field of biometrics—the field of science relating to the identification of, humans based upon unique biological traits, such as fingerprints, DNA, and retinas—has produced new ways of conducting commercial transactions. In 2008, to promote, regulate, and safeguard the use of biometrics in financial transactions, Illinois enacted the Illinois...
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OPINION AND ORDER This action arises out of a dispute between the plaintiffs, U.S. Bank National Association and Wells Fargo Bank, N.A., (collectively, the “Lender”); the defendants and third party plaintiffs, BFPRU I LLC, (the “Borrower”) and Mark Karasick and Michael Silberberg (the “Guarantors”); and the third party defendant, the Lender’s loan servicer, LNR Partners, LLC (“LNR”). The defendan...
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OPINION AND ORDER To bring any lawsuit, a plaintiff must have constitutional “standing” to do so, which means, among other things, that the plaintiff must have suffered a concrete injury in fact as a result of the defendant’s conduct. The plaintiff here, on the face of her own complaint, lacks such standing. Plaintiff Devorah Cruper-Weinmann, individually and on behalf of those similarly situated,...
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OPINION I. INTRODUCTION This action arises out of the filing of Abbreviated New Drug Application (“ANDA”) No. 207989 by defendant Am-neal Pharmaceuticals LLC (“Amneal”) seeking to produce and market a generic mometasone furoate nasal spray. (D.I. 56) On March 20, 2015, plaintiff Merck Sharp & Dohme Corp. (“Merck”) brought this action alleging infringement of U.S. Patent No. 6,127,353 (“the ’353 p...
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Upon consideration of the petition filed on the 6th of September 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 20th of September 2016 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 13th of December 2016 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 22nd of November 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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MEMORANDUM OPINION AND ORDER Plaintiff filed this case alleging a Title VII, 42 U.S.C. §§ 2000e et seq., violation occurred when the Bureau of Narcotics and Dangerous Drugs Control (“OBN”) passed him over for a promotion, allegedly due to discrimination. OBN filed its Amended Motion for Summary Judgment (Dkt. No. 37) and Plaintiff has responded.* The Motion is now at issue. The standard for summar...
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ORDER Mr. Johnson was convicted and sentenced to ten years in the Department of Corrections for second-degree assault, six months in the county jail for misdemeanor trespass, and one year each for violation of the protection order and assault in the third degree. Mr. Johnson appeals the sentence, alleging that he was sentenced outside of the applicable range of punishment because the trial court f...
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The following order has been entered on the motion filed on the 28th of October 2016 by Defendant for Petition for Discretionary Review:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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Orders, Supreme Court, New York County (Jennifer G. Schecter, J.), entered November 19, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to dismiss the defamation counterclaim and denied third-party defendant’s motion to dismiss the third-party defamation claim, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is dir...
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The following order has been entered on the motion filed on the 7th of November 2016 by Defendant for Petition for Discretionary Review:"Motion Denied by order of the Court in conference, this the 26th of January 2017."...
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Judgment, Supreme Court, Bronx County (Faviola A. Soto, J.), entered July 13, 2015, after a jury trial, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered July 27, 2015, which denied plaintiff’s motion to set aside the verdict, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. The jury’s finding that...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 8 OCTOBER TERM, A.D. 2016 January 30, 2017 BRUCE B. WILLIAMS, Appellant (Plaintiff), v. ...
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ORDER The Circuit Court of Clay County entered judgment in favor of Respondent William Rogers in his unlawful detainer action against Appellant Michael Cornett. Cornett appeals. He argues that the judg*153ment must be reversed, and the case remanded for a new trial, because the circuit court erroneously rejected his demand for a jury trial on the ground that it was untimely. We affirm. Because a p...
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ORDER Paula McCullough was convicted following a bench trial in the Circuit Court of St. Clair County of four counts of receiving stolen property. After her convictions were affirmed on direct appeal, McCullough filed a motion for postconviction relief under Supreme Court Rule 29.15. Her appointed counsel filed an amended motion. As relevant here, the amended motion alleged that the prosecution fa...
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Order Mr. Gary Grandberry appeals the Circuit Court of Jackson County’s judgment denying his Rule 24.035 motion, which was based on claims that his plea counsel provided ineffective legal assistance and coerced him into accepting a plea offer from the State. There being no prece-dential value in our ruling, we have instead provided the parties a legal memorandum explaining our ruling. The judgment...
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ORDER Appellant Billie J. Spaid (“Spaid”) was convicted following a guilty plea of two counts of statutory rape in the second degree, enticement of a child, statutory sodomy in the second degree and endangering the welfare of a child. Spaid appeals the denial of his Rule 24.035 motion following an evidentiary hearing. For reasons explained more fully in a memorandum provided to the parties, we aff...
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*155Order Cody Baker appeals, following a jury trial, his conviction of second-degree (felony) murder, § 565.021, for which he was sentenced by the court to thirty years’ imprisonment in the Missouri Department of Corrections. Baker argues that the trial court abused its discretion in refusing to both (1) allow him to play the recording of a 911 call during opening statement and (2) accept an unti...
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Order Bene’t Williams appeals the denial of his Rule 24.035 motion after he pled guilty to six offenses. He contends the motion court clearly erred in denying his claim that plea counsel was ineffective for failing to present mitigating evidence at sentencing concerning the circumstances surrounding some of the prior convictions listed in his sentencing assessment report. For reasons explained in ...
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ORDER Now pending before the Court are Plaintiff’s and Defendants’ cross motions for summary judgment. (Docs. 68, 70.) On January 10, 2017, the Court held oral arguments on the motions. (Doc. 79.) The facts presented in the motions fall within the arena of workers’ compensation insurance, which uses a complex formula to calculate an employer’s annual premium. Specifically, the parties dispute whe...
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MEMORANDUM AND ORDER I. INTRODUCTION The President and Fellows of Harvard College (“Harvard”) filed this lawsuit against Micron Technologies, LLC (“Micron”), alleging infringement of two of Harvard’s patents: the 6,969,539 patent (“’539 Patent”) and the 8,334,016 patent (“’016 Patent”).1 Compl. ¶¶4, 22, 38, ECF No. 1. These patents protect particular methods and materials for completing atomic lay...
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MEMORANDUM AND ORDER I. SUMMARY In 2011, the court sentenced defendant Richard McDonough, a lobbyist, to seven years in prison for orchestrating a scheme to fraudulently use the official power of the Speaker of the Massachusetts House of Representatives Salvatore DiMasi to extort payments from a company seeking state contracts for computer software worth more than $17,000,000. McDonough began ser...
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OPINION This matter is before the Court following a five-day bench trial that began on December 5, 2016. The Court makes the following findings of fact and conclusions of law in accordance with Rule 52(a) of the Federal Rules of Civil Procedure. I. Background Plaintiff Ryan Racing, LLC, is an entity owned by professional race car driver Ryan Hunter-Reay. Defendants Rockets-ports, Inc. (“Rocketspo...
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OPINION AND ORDER ' Before the Court is Eddie Samuel San-tanar-Rios’ (“Santana-Rios” or “Petitioner”) Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. (See Docket No. 1.) Petitioner argues his conviction is unconstitutional in light of Puerto Rico v. Sánchez-Valle, — U.S.-, 136 S.Ct. 1863, 1869-1877, 195 L.Ed.2d 179 (2016). After reviewing Petitioner’s claim, the under...
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Case: 15-15405 Date Filed: 01/31/2017 Page: 1 of 5 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15405 Non-Argument Calendar ...
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Case: 16-40553 Document: 00513855085 Page: 1 Date Filed: 01/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40553 United States Court of Appeals Fifth Circuit ...
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Case: 15-30758 Document: 00513855494 Page: 1 Date Filed: 01/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-30758 ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ Nos. 15-3847, 16-1197, & 16-1310 P.H. GLATFELTER CO., Plaintiff-Appellant/Cross-Appellee, v. WINDWARD PROSPECTS LTD., Defendant-Appellee/Cross-Appella...
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United States Court of Appeals For the Eighth Circuit ______________________________ No. 15-3575 ______________________________ Rodney Raymond Plaintiff - Appellant v. ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3936 ___________________________ Hiland Partners GP Holdings, LLC, a foreign company; Hiland Partners, LP, a foreign partnership; Hiland Operating, LLC, a foreign company ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1853 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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Affirmed in part and reversed in part Concurs Concurs...
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FILED Jan 31 2017, 9:20 am CLERK Indiana Supreme Court ...
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ORDER Wendi Fraction (“Appellant”) appeals from the trial court’s declaratory judgment, which declared Empire Fire and Marine Insurance Company (“Empire”) had no duty to provide Appellant with coverage under its excess policy for personal injury claims arising from an automobile accident during a police chase between Appellant’s brother, Melvin *821Fraction (“Brother”) and Officer Travis Rule (“Of...
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ORDER Patrick Bellinger appeals from the trial court’s judgment denying his petition for declaratory judgment, permanent injunction, abatement of nuisances, removal of encroachments, and damages against Keith and Olivia Lindsey, owners of property within a subdivision being developed by Mr. Bellinger. An opinion would have no precedential value. We have furnished the parties with a memorandum, for...
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In the Missouri Court of Appeals Eastern District DIVISION ONE OWNERS INSURANCE COMPANY, ) No. ED103652 ) Appellant, ) Appeal from the Circuit Court ) of the City...
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SUPREME COURT OF MISSOURI en banc CHARLES AND MARY HARTER, ) Opinion issued January 31, 2017 ) Appellants, ) ) v. ) No. SC9...
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OPINION This is an appeal from a judgment against a guarantor of a loan. Copperfield Timberlake LLC, a real estate development company, secured the loan from a predecessor of U.S. Bank National Association.1 Copperfield Timberlake’s president, *86Anand Julka, executed a guaranty agreement in his individual capacity, in which he committed to pay up to $250,000 in damages to the Bank in the event o...
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OPINION In Bowie County, Texas, Gary Carson entered an open plea of guilty to three counts1 of assault on public servants who were performing public servant duties, Tex. Penal Code Ann. § 22.01(b) (West Supp. 2016), the penalties being enhanced by previous convictions, Tex. Penal Code Ann. § 12.425 (West Supp. 2016), and three counts of bail jumping, Tex. Penal Code Ann. § 38.10 (West 2011). Carso...
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Veteran Warren B. Cook appeals through counsel a February 20, 2015, Board of Veterans’ Appeals (Board) decision that denied service connection for a lumbar spine disorder and a total disability evaluation based on individual unemploya-bility (TDIU). Record (R.) at 3-14. Although neither party requested a prece-dential decision, this case was referred to a panel by a Judge of the Court to determine...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 25, 2016 Decided January 31, 2017 No. 15-5333 CONTINENTAL RESOURCES, INC., APPELLANT v. SALLY JEWELL, SECRETARY, UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL., ...
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Leo Louis Kaczmar, III, appeals his sentence of death imposed after a new penalty phase proceeding. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the following reasons, we affirm Kaez-mar’s sentence of death. STATEMENT OF THE CASE AND FACTS We previously set forth the relevant facts in Kaczmar v. State, 104 So.3d 990, 995-98 (Fla. 2012). Kaczmar was convicted for first-degree murder...
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FILED Jan 31 2017, 7:59 am CLERK Indiana Supreme Court Court of ...
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FILED Jan 31 2017, 8:53 am CLERK Indiana Supreme Court Court of Appeals ...
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ORDER Brendan W. Max appeals from the judgment entered on his convictions after a jury trial for two counts of child molestation in the first degree. Finding no plain error with respect to the challenged trial testimony from three witnesses and no abuse of discretion in the exclusion of an additional statement, we affirm. An opinion would have no precedential value nor serve any jurisprudential pu...
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In the Missouri Court of Appeals Eastern District DIVISION TWO MICHAEL FORD, ) No. ED104038 ) Appellant, ) Appeal from the Circuit Court ) of the Ci...
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In the Missouri Court of Appeals Eastern District DIVISION ONE STATE OF MISSOURI, ) No. ED103366 ) Respondent, ) Appeal from the Circuit Court ...
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OSCN Found Document:TIGGES v. ANDREWS OSCN navigation Home Courts Court Dockets Legal Research Calendar Help ...
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J. A32014/16 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE INTEREST OF: T.C., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : : ...
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AMENDED OPINION “The regarded-as-disabled prong of the ADA protects employees who are perfectly able to perform a job, but are rejected ... because of the myths, fears and stereotypes associated with disabilities.” Daugherty v. Sajar Plastics, Inc., 544 F.3d 696, 703 (6th Cir. 2008) (internal citations and quotation marks omitted). This case presents a peculiar fact-pattern that represents a textb...
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Supreme Court of Florida ____________ No. SC15-801 ____________ STATE OF FLORIDA, Petitioner, vs. CHRISTOPHER MARKUS, Re...
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J^This is an appeal of a trial court judgment denying a Motion for Sanctions, Motion to Strike, and Rule for Contempt filed on behalf of appellant, Judith A. Sullivan. Appellees, F. Evans Schmidt, Koch & Schmidt, LLC, and respondents-appellees, Marta-Ann Schnabel and Caitlin Morgen-stern,1 filed a Motion to Dismiss the instant appeal, on two grounds: first, that this Court does not have jurisdicti...
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MEMORANDUM AND ORDER This matter is before the court on defendant Shane Cox’s motion to dismiss .(Dkt. 63). Defendant Jeremy Kettler joins in the motion. The motion argues that the National Firearms Act (NFA) is unconstitutional because it amounts to “regulatory punishment” rather than imposition and *1223enforcement of a valid federal tax. Defendants further argue that the NFA violates the Second...
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JEREMY W. ARATA, ) ) Movant-Appellant, ) v. ) No. SD34317 ) Filed: January 31, 2017 STATE OF MISSOURI, ) ) Respondent-Respo...
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AMENDED ORDER GRANTING DE-PENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT1 Re: ECF Nos. 34, 35, 130 Before the Court are Defendant Iron-shore Specialty Insurance’s Motion for Summary Judgment and Plaintiff Saarman Construction’s Motion for Partial Summary Judgment. The Court grants Iron-shore’s motion and denies Saarman’s motion. 1. BACKGROUND A. ...
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MEMORANDUM OPINION AND ORDER Before the Court is Defendant City of Maypearl’s (Maypearl) Rule 12(c) Motion *142for Judgment on the Pleadings. Doc. 20. For the reasons that follow, the Court GRANTS Maypearl’s Motion but also GRANTS Plaintiff leave to replead. I. BACKGROUND1 This is a civil rights case. “Plaintiff Mallory Meyer, individually and as the alleged representative of the Estate of James ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-3343 ROBERT L. TATUM, Petitioner-Appellant, v. BRIAN FOSTER, Respondent-Appellee. ___...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 5, 2016 Decided January 31, 2017 No. 16-5110 CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, APPELLANT v. UNITED STATES DEPARTMENT OF JUSTICE, ET AL., APPELLEES Appeal fr...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS Scott Weller (“Plaintiff’) brings this putative class action against Scout Analytics, Inc., ServiceSource International Inc., and the Chief Executive Officer (“CEO”) of ServiceSource, Mike Smerklo (collectively, “Defendants”), alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 of the U.S. Securities an...
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OPINION Barrow-Shaver Resources Company (BSR) sued Carrizo Oil & Gas, Inc. (COG) for breach of a consent-to-assignment provision in a farmout agreement. Following a jury trial, judgment was rendered against COG for $27,690,466.86 plus prejudgment interest and attorney’s fees. In thirteen issues, COG contends the trial court erred. We reverse the trial court’s judgment and render judgment that B...
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FOR THE COURT: ¶ 1. James Crittenden sought workers’ compensation benefits from Kellogg Brown & Root LLC (KBR), claiming he suffered severe back pain from either being struck with a heavy object falling from a forklift, or from picking it up and putting it back on the lift. KBR admitted- that there was a minor hip injury, essentially a bruise, but it denied that the incident was responsible for th...
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MEMORANDUM OPINION Craig Michael Linnon, a Virginia inmate proceeding pro se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his convictions in the Circuit Court of Hanover County. Respondent filed a Motion to Dismiss and Rule 5 Answer, along with a supporting brief and exhibits. Petitioner was given the opportunity to file resp...
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Memorandum Opinion and Order Andrew Kozar, at all relevant times a detainee at Cook County Jail, filed this suit under 42 U.S.C. § 1983, alleging that correctional officers Xavier Collier, Lewis Ervin, Joseph Fabian, James Hardwick, Christopher Munoz, and Jerold Smith were deliberately indifferent on several occasions to a substantial risk of harm posed by other detainees. Doc. 40. Cook County is ...
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MEMORANDUM DECISION AND ORDER This is a putative class action brought against two affiliated trucking companies by drivers once associated with those companies. Plaintiffs Charles Roberts and Kenneth McKay allege that Defendants C.R. England, Inc. and Opportunity Leasing, Inc. developed a fraudulent plan to induce thousands of people to enroll in England’s driver training schools by promising stu...
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Case: 16-40194 Document: 00513854710 Page: 1 Date Filed: 01/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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The one issue on appeal is whether a prior offense constitutes a crime of violence (COV) for imposing an enhancement under the Sentencing Guidelines. In challenging his sentence for illegal reentry after removal, in violation of 8 U.S.C. § 1326, Eder Vladimir Mendez-Henriquez asserts his sentence was erroneously enhanced under Guideline § 2L1.2, based on the district court’s concluding he committe...
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If the allegations in the supplemental complaints filed in this case are to be believed, the defendant law firms and lawyers were involved in a hornet’s nest of ethical violations. The more difficult question, however, is whether the complaints state claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(d), commonly known as RICO. Complicating matters is the fact th...
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Petition for writ of certiorari to the Court of Appeals of Missouri, Western District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Order on Motions for Summary Judgment This matter is before the Court on cross motions for summary judgment. The Plain*1297tiff, Steadfast Insurance Company, filed a motion for summary judgment against all defendants. (Mot. Summ J., ECF No. 122.) Two groups of defendants participated in the summary judgment pleadings: (1) The Celebration Source, Inc. (“Celebration”), Michael J. Campi, Paul M. Cam...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari are granted. Judgment vacated, and case remanded to the Court of Criminal Appeals of Alabama for further consideration in light of Moore v. Texas, 581 U.S. ----, 137 S.Ct. 1039, 197 L.Ed.2d 416 (2017)....
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Petition for writ of certiorari to the Supreme Court of Kansas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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*1438Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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*538MEMORANDUM OPINION Presently before the Court is a verified petition [1] for return of minor child to Petitioner Lourdes Guadalupe Lored Alan-is' (“Petitioner”) and for immediate issuance of a show cause order to Respondent Jose Carmen Badillo Reyes (“Respondent”) under the Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) and the International Child Abd...
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Petition for writ of mandamus denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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ORDER THIS CAUSE comes before the Court on Defendant’s Motion to Dismiss Counts I and II of Plaintiffs’ Amended Consolidated Class Action Complaint (Dkt, 80), Plaintiffs’Response in Opposition (Dkt. 86), and Defendant’s Reply (Dkt. 89). The parties have also submitted supplemental authorities. (Dkts. 90-95.) Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, Defendan...
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ORDER RE DEFENDANTS’ MOTION TO DISMISS [74] I. INTRODUCTION Pending before the Court is Defendants Primero Mining Corp. (“Primero”), Joseph Conway, Ernest Mast, David Blaiklock, and Wendy Kaufman1 (collectively, “Defendants”) Motion to Dismiss. (See Dkt. No. 74 (hereinafter, “Mot.”).) After considering the papers filed in support of and in opposition the instant Motion, the- Court finds this matt...
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OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS [8] Before the Court is defendants’ motion to dismiss. (Dkt. 8.) For the reasons set forth below, defendants’ motion is denied. I. Background Plaintiffs Elizabeth Moeller and Nicole Brisson are Michigan citizens who subscribe to magazines published by defendants American Media, Inc. and Odyssey Magazine Publishing Group, Inc. (Dkt. 1 at 10-1...
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of certiorari to the United States Court of Appeals for Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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OPINION AND ORDER In this decision, the Court undertakes the task of valuing 475,000 shares of restricted common stock that ^defendant Solar Power Inc. failed to transfer to plaintiff Taimur Jamil in breach of their employment agreement. After the Court scheduled a bench trial for this purpose, the parties jointly asked the Court to determine the value of the securities on the record as it stands...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2209 In Re: JAMES EDWARDS WHITLEY, Debtor. --------------------------------- CHARLES M. IVEY, III, Chapter 7 Trustee for the Estate of James Edwards Whitley...
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Case: 15-20662 Document: 00513854884 Page: 1 Date Filed: 01/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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The following order has been entered on the motion filed on the 8th of November 2016 by Defendant For Review of the Appellate Court's Decision:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 13, 2016 Session F&M MARKETING SERVICES, INC. v. CHRISTENBERRY TRUCKING AND FARM, INC. ET AL. Appeal from the Chancery Court for Knox County No. 182985-2 Clarence E. Pridemore, Jr., Chancellor No. ...
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Upon consideration of the petition filed on the 11th of October 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) ROGER NICHOLS, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 16-220 (RMC...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) LISA NILES, ) ) Plaintiff, ) ) v. ) ...
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Upon consideration of the petition filed on the 8th of November 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ELOUISE PEPION COBELL, by and ) through TURK R. COBELL, as the ) personal representative of her estate, ) et al. ) ) ...
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*464OPINION Appellant Leonard Pickron challenges his conviction for murder on the grounds that the trial court reversibly erred in allowing hearsay testimony into evidence under the excited-utterance exception to the rule against hearsay. We affirm. I. Factual and Procedural Background Appellant met the complainant Miraun-da Jackson while he was residing in a group home for individuals with intell...
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OPINION Appellee Paula Collins sued the City of Houston after she was injured when a Houston police officer struck her vehicle. In this interlocutory appeal, the City contends the trial court erred by denying the City’s plea to the jurisdiction. The City argues there is no waiver of its governmental immunity from suit because the police officer was entitled to official immunity. We reverse and re...
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OPINION On November 7, 2016, relators Fairway Methanol LLC and Celanese Ltd. filed a *485petition for -writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Brent Gamble, presiding judge of the 270th District Court of Harris County, to vacate his Order on Plaintiffs’ Motion to Co...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Omar M. GOMEZ, Boatswain's Mate Second Class United States Coast Guard, Appellant ...
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OPINION Plaintiff Melvin K. Chapman, Sr., filed a two-count Complaint asserting that his employer, Simplex, Inc., discriminated based on race by denying him economic opportunities in violation of 42 U.S.C. § 1981 (Count I) and 42 U.S.C. § 2000e et seq. (Count II). Pending before the Court is the Defendant’s Motion for Summary Judgment. It is allowed. I. FACTUAL BACKGROUND (A) Melvin K. Chapman (“...
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RULING Over the past six months, this Court has expressed various concerns with this case, concerns over justiciability, federalism, and whether the Court has the authority to fix a state system, that, according to all parties to this dispute, is broken.1 The concerns that this Court has with the case touch upon fundamental issues about the nature of its judicial power and, even more fundamentall...
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IN CHAMBERS ORDER GRANTING SUMMARY JUDGMENT FOR CAROLINA CASUALTY INSURANCE COMPANY AND DENYING SUMMARY JUDGMENT FOR PHASE II [25] [26] Having read and considered the papers presented by the parties, the Court finds this matter suitable for determination without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing scheduled for January 23, 2017 at 1:30 p.m. is VACATED ...
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OPINION This matter comes before the Court by way of Defendant Guy Gentile’s Motion to Dismiss the Indictment (ECF No. 14(“Def Mov. Br.”)). The Government has submitted opposition (ECF No. 19 (“Gov. Opp. Br.”)), which Defendant has replied to. (ECF No. 23 (“Def. Rep. Br.”)). The Court decides this matter after hearing oral argument on December 21, 2016. (ECF Nos. 29, 31). For the reasons set fort...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3481 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. NAEEM MAHMOOD KOHLI, Defendant-Appellant. ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1700 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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FILED Feb 01 2017, 5:37 am CLERK Indiana Supreme Court Court of Appeals ...
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SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, portions of any opinion may not have been summarized.) Givaudan Fragr...
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Plaintiff James Parker (Parker) appeals the trial court’s limited judgment, asserting that the court erred in dismissing his employment discrimination claim against Service Employees International Union Local 503 (SEIU). Parker asserts that the trial court erred in concluding on the record before it that he could not establish that he was an employee of SEIU and, therefore, granting SEIU’s motion ...
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J-A31009-15 2017 Pa. Super. 26 MARY P. PETERSEN, BY AND THROUGH IN THE SUPERIOR COURT OF HER ATTORNEY-IN-FACT, KATHLEEN F. PENNSYLVANIA MORRISON Appellee v. KINDRED HEALTHCARE, INC., AND PERSONACARE OF READING, INC., D/B/A KINDRED TRANSITIONAL CARE AND REHABILITA...
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The Lee County School District Board of Trustees (the Board) appeals the circuit court’s reversal of its decision to terminate the employment of teacher Laura Toney. We affirm. FACTS/PROCEDURAL BACKGROUND Laura Toney was employed as a social studies teacher at Lee Central High School (the School) in the Lee County School District (the District).1 On September 27, 2013, Toney attended a social stud...
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AMENDED MEMORANDUM OPINION AND ORDER By minute order dated September 30, 2016 . (R. 81), the Court denied the parties’ pending cross-motions for summary judgment ,(R- 49, 51), stating that a written opinion would follow. The Court now sets forth the reasons for its September 30, 2016 order. . TABLE OF CONTENTS BACKGROUND A. Introduction B. The First Lawsuit C. Meetings To Establish John’s Educati...
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U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ Misc. Dkt. No. 2016-13 ________________________ UNITED STATES Appellant v. Andrew I. ...
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U NITED S TATES AIR F ORCE C OURT OF C RIMINAL APPEALS ________________________ No. ACM 38470 (rem) ________________________ UNITED STATES Appellee v. Sean J. CH...
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IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA, Appellee, v. PATRICK MCLEOD NISSLEY, Appellant. No. CR-15-0393-PR Filed February 1, 2017 ...
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The doctrine • of qualified immunity shields from liability public officials, including police officers, whose conduct does not violate clearly established federal statutory or constitutional rights. It is a strong, but not impenetrable, shield. After careful consideration of the record in this case, viewed in the light most favorable to the plaintiff, we conclude that qualified immunity is not...
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It is not hard to find people who complain about government regulations, but the regulations often exist because people do not take optimal precautions on a voluntary basis. This case illustrates that problem. It arose after toxic fumes in a large container knocked out a man who was working inside it. Fortunately, he was rescued by the local fire department, but his employer, Dana Container, wound...
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Petitioner Dentrell Brown and his co-defendant Joshua Love were convicted of murder in a joint trial in an Indiana court. After exhausting state court remedies, Brown filed a federal habeas corpus petition under 28 U.S.C. § 2254. He claims he was denied effective assistance of counsel when his lawyer failed to insist that the judge give the limiting instruction required when evidence of a co-defen...
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In the United States Court of Federal Claims No. 14-388L (Filed: January 31, 2017) ************************************* WILLIAM C. HARDY & BERTIE ANN * HARDY et al., * * Plaintiffs, * * ...
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In the United States Court of Federal Claims No. 10-244 Filed: January 31, 2017 **************************************** 26 U.S.C. §§ 6223 (Notice To * Partners Of Proceedings), 6226 * (Tax Equity And Fisca...
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liThe defendant, Daryl Nelson, was charged by bill of information with possession of marijuana with intent to distribute, possession of cocaine with intent to distribute, and possession of a firearm by a convicted felon. The district court granted the defendant’s pretrial motion to suppress evidence seized from his vehicle. The state sought supervisory review of the trial court’s ruling and this c...
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Linda H. Lamone, et al. v. Ian Schlackman, et al., No. 50, September Term, 2016. Opinion by Greene, J. ELECTION LAW–TIME FOR PROCEEDINGS Notwithstanding the equitable nature of Appellees' claims, we may gauge their delay against the statutory limitations period because courts sitting in equity will apply statutory time limitations in determining, at least as an outside limit, whether laches has ...
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J-A06025-16 2017 Pa. Super. 25 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. LETITIA DENISE SMALLWOOD Appellee No. 709 MDA 2015 ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 9 OCTOBER TERM, A.D. 2016 February 1, 2017 MICHAEL SCOTT TIBBETTS, Appellant (Defendant), v. S-16-0134 THE STATE OF WY...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 10 OCTOBER TERM, A.D. 2016 February 1, 2017 QUESTAR EXPLORATION AND PRODUCTION COMPANY, now known as QEP ENERGY COMPANY, a Texas corporation; WEXPRO COMPANY, a Utah corporation; Appe...
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i-' :::fi!i- ''' Erii .ti d i, u",'. lntbe @nite! $.tates [ourt of Jfelerst @lsims No. 17-09C FILED (Filed: January 30, 2017) JAN 3 0 20l...
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The following order has been entered on the motion filed on the 15th of November 2016 by Plaintiff for Petition for Discretionary Review:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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MEMORANDUM AND ORDER Plaintiffs Jeffery S. Shupe, aka Jeffrey S. Shupe, and Olivia J. Shupe originally brought this lawsuit against Defendants Nationstar Mortgage LLC; Bank of America, N.A.; and U.S. Bank, National Association in state court, alleging various violations of California state law in the handling of Plaintiffs’ mortgage. Defendants removed the suit to this Court, ECF No. 1, and Plain...
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Defendants-Appellants Berry Plastics Corporation and Covalence Specialty Coatings, LLC (collectively, “Berry”) appeal from a jury’s award of $7.2 million in damages to Plaintiff-Appellee Packgen resulting from the failure of material Berry had supplied to Packgen. Berry contends that the district court erred by (1) denying Berry’s motion to exclude Packgen’s damages expert, (2) allowing Packgen...
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Aff. Cir. Ct. (Miami-Dade)...
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hThe State seeks review of the district court’s November 29, 2016 ruling, which granted the motion to suppress filed by the defendant, Dejon Miguel. For the reasons that follow, we grant the State’s writ and reverse the district court’s ruling. STATEMENT OF THE CASE Mr. Miguel was charged by bill of information with illegal carrying of a weapon, a violation of La. R.S. 14:95. He filed a motion to ...
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11 This is a damages suit, based on an alleged fraudulent scheme, against four defendants. From the trial court’s judgment granting all four defendants’ peremptory exceptions of prescription and one defendant’s declinatory exception of lack of personal jurisdiction, the plaintiff appeals. For the reasons that follow, we affirm the trial court’s judgment in all respects except for the granting of t...
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11 Gerald Hatcher, an inmate at the Avo-yelles Correctional Center, appearing herein pro se, appeals the trial court’s judgment sustaining a dilatory exception of unauthorized use of a summary proceeding and dismissing his petition for a writ of mandamus. As discussed more fully herein, the trial court correctly dismissed the writ of mandamus filed against the defendant, the coroner for Orleans Pa...
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|! This matter arises from a contractual dispute between ETI, Inc. (“ETI”) and Buck Steel, Inc. (“Buck Steel”). For the reasons that follow, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In November, 2011, the State of Louisiana entered into a contract with ETI for the latter to serve as the general contractor for the construction of an addition to the central plant at the University of New Orleans...
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11 Defendants own commercial property that is leased to varying types of businesses. Plaintiffs are a group of former business owner lessors who filed suit against the defendants for allegedly concealing “a noisome odor” defect in the property that caused damages. The trial court dismissed appellant’s delictual and contractual claims finding that the claims were prescribed. Appellant now appeals c...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 99 September Term, 2016 ______________________________________ EARL SYLVESTER COUSINS v. STATE OF MARYLAND ______________________________________ Arthur, Leahy, Thieme, Raymond G., Jr., (Senior Judge, Specially Assigned) ...
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Circuit Court for Cecil County Case No. 07-C-14-000158 REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1006 September Term, 2016 __________...
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In Re the Adoption of: ) ) I.M.W., a female minor child, ) ) C.R.R. and V.L.R., ) ) Respondents, ) ) No....
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|,At issue in this appeal is the trial court’s grant of summary judgment dismissing the insurer of two defendants on the basis that the insurer’s policy did not provide coverage for the minor tortfeasor and its denial of the plaintiffs’ cross motion on the same issue. The plaintiffs appeal, arguing the insurer waived its coverage defense; therefore, its policy provides coverage for their claims. F...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3734 RICHARD DOERMER, both individually and derivatively on be- half of the Doermer Family Foundation, Inc., Plaintiff-Appellant, v. KATHRYN CALLEN, et al., ...
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This case comes to us for the second time after a district court revoked Sylvia Hollins’s supervised release stemming from her 2007 federal conviction. In the *538first appeal, we granted a joint motion for summary reversal and remand for resen-tencing. See United States v. Hollins, No. 15-3750 (7th Cir. Jan. 27, 2016). The district court obliged with a resentencing hearing held on February 25, 20...
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Filed 2/1/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO RONALD F., No. B267819 Plaintiff and Appellant, (Los Angeles County Super. Ct. BS147679) v. D...
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| iPauline Moss Rodoek1 (Pauline) appeals the January 26, 2016 judgment denying her motion to recuse the trial judge in this custody and relocation dispute involving her thirteen year old minor son, J.P. She also appeals the February 23, 2016 judgment denying her request to relocate J.P. to the State of Kansas, and the trial judge’s finding of contempt of court ruling against her. She further appe...
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Filed 2/1/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ORANGE COUNTY WATER DISTRICT, Petitioner, v. G052725 PUBLIC EMPLOYMENT RELATIONS ...
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hFor the reasons discussed in the companion case, State of Louisiana v. Alex Hayes, 16-783 (La.App. 3 Cir. -/-/17), _ So.3d _, the trial court’s order of expungement as granted in trial court Docket Number 70,689 is reversed. The trial court judgment is further reversed to the extent it overruled the Objection to Motion for Expungement, as filed by the appellant, the State of Louisiana, through th...
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STATE OF MINNESOTA IN SUPREME COURT A15-1713 Anoka County Hudson, J. State of Minnesota, Respondent, vs. Filed: February 1, 2017 ...
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_JjA.W. Chesterton and its workers’ compensation insurance carrier, CNA, appeal the decision of the workers’ compensation judge below finding that Charlie Johnson did not commit fraud under La.R.S. 23:1208. For' the following reasons, we hereby affirm the decision of the workers’ compensation judge. On December 13, 2012, Mr. Johnson suffered a work-related accident while picking up a box of parts....
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*80¶ 1. We review a stipulation filed pursuant to Supreme Court Rule (SCR) 22.12 by the Office of Lawyer Regulation (OLR) and Attorney Melinda R. Alfredson. In the stipulation, Attorney Alfred-son admits that she committed professional misconduct, and she agrees with the OLR's request that her license to practice law in Wisconsin be suspended for a period of 60 days. Attorney Alfredson also agrees...
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2017 WI 5 SUPREME COURT OF WISCONSIN CASE NO.: 2016AP684-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against David A. Lemanski, Attorney at Law: Office of Lawyer Regulation, Complainant...
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|, This appeal involves donations inter vi-vos made by Joyce Thompson to her caretaker, Linda Whaley. Camilla Farrar, as independent administratrix of Ms. Thompson’s succession, filed suit on behalf of the succession against Ms. Whaley for the return of funds and assets she claimed were improperly transferred to Ms. Whaley from Ms. Thompson. Mrs. Farrar is Ms. Thompson’s daughter. Ms. Whaley appea...
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ORDER DENYING MOTION TO CERTIFY CLASS [11]; DENYING MOTION TO REMAND [20] Before the Court are Plaintiff Michele Del Valle’s (“Del Valle” or “Plaintiff’) Motion for Class Certification (“Motion”) (Dkt. 11) and Motion to Remand (Dkt. 20). After considering the moving papers, the Court DENIES both Motions. I. BACKGROUND A. Gravamen of Plaintiffs Claim On December 2, 2016, Defendants Global Exchange...
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ORDER REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY TO DENY PLAINTIFF SUPPLEMENTAL SOCIAL SECURITY INCOME AND REMANDING FOR FURTHER PROCEEDINGS For the reasons set forth below, the Court REVERSES the decision of the Commissioner and REMANDS to the ALJ for further administrative proceedings consistent with this Order. BACKGROUND On March 13, 2013, Plaintiff Lawrence Montalbo (“Monta...
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of South Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www...
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaap...
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SECOND DIVISION BARNES, P. J., RICKMAN and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappe...
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappe...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. h...
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h The plaintiff-appellant, First Tower Loan, LLC, d/b/a Tower Loan of Leesville (Tower Loan), appeals the judgment of the trial court entering a default judgment in favor of the defendant-appellee, William C. Taylor. For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In December 2012, Tower Loan filed a petition to collect sums due by Taylor on a note executed in May 2012, and...
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liThe plaintiff, Brian Duplichan, the natural tutor of his minor child, Kadie E. Duplichan (Kadie), appeals the trial court’s judgment granting State Farm Mutual Automobile Insurance Company’s (State Farm) motion for summary judgment. For the following reasons, we reverse and remand this matter to the trial court for further proceedings. FACTS AND PROCEDURAL HISTORY On March 29, 2007, Kadie and he...
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bin this succession case, the proponents of a notarial testament challenge the trial court’s ruling declaring the testament an absolute nullity. Because we find the purported testament fails to contain the requisite attestation clause signed by the notary as mandated under La.Civ.Code art. 1577, we affirm. *474FACTS AND PROCEDURAL HISTORY John Robert Biscamp (Biscamp) died on April 6, 2015, surviv...
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MEMORANDUM OPINION [Dkt. # 10] Plaintiff Scott Christopher Billups (“plaintiff’ or “Billups”) brings this action against his former employer, defendant Laboratory Corporation of America Holdings (“defendant” or “LabCorp”), demanding a jury trial and seeking damages for breach of contract. Specifically, Billups alleges that LabCorp breached a binding obligation when it failed to pay him certain sa...
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Case: 15-11265 Document: 00513856867 Page: 1 Date Filed: 01/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-...
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MEMORANDUM OPINION Plaintiff Benny Molina brought this legal malpractice suit against the lawyers who represented him in two related state court actions that culminated in the entry of substantial default judgments against him. But, due to a series of agreements between Molina and the plaintiff-judgment-creditor in one of the underlying actions, Molina sues here as the assignee of the judgment-cr...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiffs brought this action against Trinidad Drilling, LP, their former employer, pursuant to the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101-2109 (WARN Act). Before this Court is defendant Trinidad Drilling LP’s Motion [ECF No. 15] for Summary Judgment, plaintiffs’ Response [ECF No. 16], and defendant’s Reply [ECF No. 17]. Defendant’...
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Aff. Cir. Ct. (Hillsborough)...
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Aff. Cir. Ct. (Miami-Dade)...
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hOn January 15, 2005, the badly-burned bodies of the victims, Angela Matte and Jackie Campbell, were found at the scene of a trailer fire in Acadia Parish. Campbell’s remains were found on the floor of the bedroom, and Matte’s remains were found on the bed springs. There was wire wrapped around Matte’s neck. Neither the cause of the fire nor the victims’ deaths were determined. However, evidence i...
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Carl Powers Jr. appeals a Martin County Circuit Court order transferring his pending lawsuit to Palm Beach County Circuit Court for improper venue. This court has jurisdiction to review the non-final order. See Fla. R. App. P. 9.130(a)(3)(A). We conclude that the trial court erred in transferring venue in that a contractual venue clause authorized the filing of the lawsuit in any Florida state or ...
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The following order has been entered on the motion filed on the 30th of January 2017 by Bryant C. Boren for Admission Pro Hac Vice:"Motion Allowed by order of the Court in conference, this the 31st of January 2017."...
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The following order has been entered on the motion filed on the 30th of January 2017 by Van H. Beckwith for Admission Pro Hac Vice:*360"Motion Allowed by order of the Court in conference, this the 31st of January 2017."...
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The following order has been entered on the motion filed on the 14th of November 2016 by Plaintiff for Petition for Discretionary Review:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the motion filed on the 30th of November 2016 by Defendant to Appoint Counsel:"Motion Dismissed as moot by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the motion filed on the 31st of January 2017 by Defendant for Stay of Appellate Proceedings in Light of Pending Racial Justice Act Motion:*372"Motion Allowed by order of the Court in conference, this the 1st of February 2017."...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) LEVEL THE PLAYING FIELD, et al., ) ) Plaintiffs, ) ) v. ) ...
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MEMORANDUM OPINION AND ORDER Plaintiff Chikezie Ottah (“Plaintiff’) brings this patent infringement action pro *194se against fifteen automobile companies (collectively, “Defendants”). This action concerns U.S. Patent no. 7,152,840 (the “’840 patent”), which is co-owned by Plaintiff.1 Five of the defendants—General Motors LLC; Mazda Motor Corporation; Nissan Motors Company Limited; Fuji Heavy Ind...
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MEMORANDUM OPINION This putative class action1 arises out of statements made in connection with Party City’s initial public offering on April 16, 2015. The Consolidated Amended Complaint (the “CAC”) alleges violations of Sections 11, 12(a)(2), and 15 of the Securities Act of 1933.2 The matter is before the Court on defendants’ motions to dismiss the CAC for failure to state a claim upon which rel...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT __________ No. 14-4628 __________ UNITED STATES OF AMERICA, v. THOMAS DAVID STEINER, Appellant ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1950 HOWARD E. NEASE; NANCY NEASE, Plaintiffs – Appellees, v. FORD MOTOR COMPANY, a Delaware Corporation, Defendant – Appellant. Appeal from the United States District Cou...
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Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 17, 2016, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Decision affirmed. No opinion. *1142 McCarthy, J.P., Egan Jr., Rose, Clark and Aarons, JJ., concur. Ordered that the decision is affirmed, without costs. ...
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Cite as 2017 Ark. App. 50 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-16-618 Opinion Delivered: February 1, 2017 DIANNA LYNN SCHALL APPELLANT V. ...
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Upon consideration of the petition filed on the 1st of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 6th of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 6th of December 2016 by Respondent (Mother) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 6th of September 2016 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017." Upon consideration of t...
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Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 5th of April 2016 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed Ex Mero Motu by order of the Court in conference, this the 26th...
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Upon consideration of the petition filed by Defendant on the 2nd of December 2016 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed by order of the Court in conference, this the 26th of January 2017." The following order has been entered on th...
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Upon consideration of the petition filed on the 3rd of November 2016 by Respondent (Father) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 20th of December 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 23rd of August 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 28th of November 2016 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dis...
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Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 6th of December 2016 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is "Dismissed Ex Mero Motu by order of the Court in conference, this the 2...
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Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 21st of November 2016 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dis...
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Upon consideration of the petition filed on the 8th of July 2016 by Intervenor in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed by Defendant on the 5th of December 2016 in this matter for a writ of certiorari to review the order of the Superior Court, Cumberland County, the following order was entered and is hereby certified to the Superior Court of that County: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed by Defendant on the 21st of November 2016 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed by Defendant on the 30th of November 2016 in this matter for a writ of certiorari to review the order of the Superior Court, Mecklenburg County, the following order was entered and is hereby certified to the Superior Court of that County: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed by Defendant on the 7th of November 2016 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed by Defendant on the 26th of September 2016 in this matter for a writ of certiorari to review the order of the Superior Court, Mecklenburg County, the following order was entered and is hereby certified to the Superior Court of that County: "Dismissed by order of the Court in conference, this the 26th of January 2017."...
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OMNIBUS ORDER DENYING MOV-ANT’S MOTION TO RECONSIDER (D.E. 27); GRANTING MOVANT’S REQUEST FOR A FINAL ORDER OF DISMISSAL (D.E. 27); ADOPTING AND SUPPLEMENTING THE COURT’S PRIOR NON-FINAL ORDER (D.E. 25); DISMISSING PURSUANT TO 28 U.S.C. § 2255(h) OR, ALTERNATIVELY, DENYING PURSUANT TO 28 U.S.C. § 2255(a) MOVANT’S MOTION TO VACATE (D.E. 5) AND AMENDED MOTION TO VACATE (D.E. 27) 1; DENYING A CERTIFI...
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|/The plaintiff-appellant, Aleashia Clark-ston, appeals the trial court’s judgment dismissing her legal malpractice suit against the defendant-appellee, Ike Fun-derburk, for failure to post bond as security for costs. Finding no abuse of discretion in the trial court’s judgment, we affirm. I. ISSUES We must decide: (1) whether the trial court abused its discretion in requiring the plaintiff to pos...
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_JjOn July 19, 2012, Defendant, Joenell Rubin, was charged by grand jury indictment with the May 21, 1988, first degree murder while in the commission of the aggravated rape of Brenda Dupont, in violation of La.R.S. 14:30(A)(1). On January 27, 2016, a 10-2 jury found Defendant guilty of the first degree murder of Brenda Dupont. On February 18, 2016, Defendant was sentenced to life imprisonment at ...
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IN THE ARIZONA COURT OF APPEALS DIVISION ONE BRANDON OROSCO and JENNIFER OROSCO, husband and wife, individually, and as parents and next friends of KAYLEN OROSCO, MARISSA OROSCO, and SILAS OROSCO, Plaintiffs/Appellees, v. MARICOPA COUNTY S...
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Jia Sheng brought this action against appellees (collectively MTBank 1 ), claiming violations of various state and federal statutes by not allowing her to work remotely when she became pregnant. After the close of evidence, Magistrate Judge Scott ruled as a matter of law against appellant on a number of claims, while the jury found for MTBank on the remaining claims. On appeal, ...
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Case: 16-20384 Document: 00513858100 Page: 1 Date Filed: 02/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-20384 ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0023p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ DANIEL MOODY, ┐ ...
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We introduce this immigration case by noting that Jane’s is a long-established British publisher of studies, often book-length, of (so far as relates to this case) warfare, weaponry, national security, electronic warfare, insurgency, terrorism, and related topics. See “Jane’s Information Group,” Wikipedia, https://en.wikipedia. org/wiki/Jane% 27s_Information_Group (visited Feb. 1, 2017, as were th...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3855 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3976 ___________________________ In re: Life Time Fitness, Inc., Telephone Consumer Protection Act (TCPA) Litigation ------------------------------ ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1340 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1696 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ______________________________ No. 16-1801 ______________________________ Steven Kulkay, Plaintiff - Appellant ...
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Filed 2/2/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F071140 Plaintiff and Respondent, (Super. Ct. No. F14901527) ...
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In the United States Court of Federal Claims No. 16-700C (Filed: February 2, 2017) ********************************** ) ) Suit for breach of contract by estate of THE ESTATE OF JASON ALLEN ) military serviceman wounded o...
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Stacey Lewis Grove appeals from the district court’s judgment dismissing, in part and denying in part, Grove’s petition for post-conviction relief. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND This Court made the following summarization of the facts of this case in State v. Grove, 151 Idaho 483, 485, 259 P.3d 629, 631 (Ct. App. 2011): Stacey Grove was indicted for the first degree felony murder...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43902-2016 DONALD EDWARD SCHOORL and ) SONIA LINN SCHOORL as Trustees of the ) Boise, January 2017 Term DONALD AND SONIA SCHOORL TRUST ) u/t/a March 2, 2015, ) 2017 Opinion No. 9 ...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44308-2016 STATE OF IDAHO, ) ) Boise, January 2017 Term Plaintiff-Respondent, ) ) 2017 Opinion No. 10 v. ...
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FILED Feb 02 2017, 8:39 am CLERK Indiana Supreme Court ...
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[¶ 1] The mother of Logan M. and Bry-son L., and the father of Bryson L., appeal from a judgment of the District Court (Portland, Powers, J.) terminating their parental rights pursuant to 22 M.R.S. § 4055(1)(B)(2) (2016). The mother argues that the evidence was not sufficient to support the court’s determination of parental unfitness and that termination is not in the children’s best interests....
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 24 Docket: Was-16-127 Submitted On Briefs: November 29, 2016 Decided: February 2, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, HJELM, and HUMPHREY, JJ. MIDLAND FUNDING LLC ...
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[¶1] Karl Maine appeals from a judgment entered by the Superior Court (York County, O’Neil, J.) following a jury verdict convicting him of one count of arson (Class A), 17-A M.R.S. § 802(1)(A) (2016). Maine argues on appeal that the trial court erred by admitting expert testimony concerning the cause of a fire that largely destroyed a diner run by Maine and by allowing an acquaintanc...
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RULING AND ORDER Before the Court is the Motion to Suppress Evidence and Statements (Doc. 18) filed by Defendant. Defendant seeks to suppress evidence seized during a search of his residence on November 22, 2015. The United States of America (“Government”) filed a memorandum in opposition to the Motion. (See Doc. 19). On November 3, 2016, the Court held an evidentiary hearing on the Motion. The Go...
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*403OPINION BY St. Clair Hospital (Employer) petitions for review of the November 18, 2015, Order of the Unemployment Compensation Board of Review (Board) reversing the Decision of a Referee to deny Katherine A. Johnson (Claimant) unemployment compensation (UC) benefits. The Board concluded that Claimant was not barred from receiving UC benefits by Section 402(b) of the Unemployment Compensation L...
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#27807-r-SLZ 2017 S.D. 4 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** DAVID KNIGGE, Plaintiff and Appellant, v. B & L FOOD STORES, INC. and ESTATE OF ROBERT ALLEN KNIGGE, Defendants and Appellees. ...
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*104OPINION Paul Elizondo sued M & 0 Home-builders, Inc., Orlando Cuello, Maria De Jesus Gamez, and Texas Homebuilders, LLC (collectively M & 0) for damages in connection with the construction of a home. Seeking to remove a lien placed on the property by Elizondo, M & 01 filed a summary motion and obtained an order removing the lien, but this order also disposed of all parties and claims and stat...
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OSCN Found Document:STATE v. KEEFE OSCN navigation Home Courts Court Dockets Legal Research Calendar Help ...
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ORDER AND NOW, this 1st day of February, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by Petitioner, is: Whether the Trial Court and Superior Court erred in sustaining [Respondent’s] demurrer to all Mounts of [Petitioner’s] Complaint, where, even assuming ar-guendo that the C...
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ORDER AND NOW, this 1st day of February, 2017, the Petition for Allowance of Appeal *869 is GRANTED. The issue, as framed by Petitioner, is as follows: Did the Superior Court err by dispensing of the requirement that a defendant show prejudice to succeed on an ineffectiveness claim where counsel failed to meet with him? ...
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ORDER AND NOW, this 1st day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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OPINION AND ORDER GRANTING MOTION TO STAY CASE AND COMPEL ARBITRATION This case involves an insurance contract between Plaintiff Raymond Erickson and a fraternal benefit society. Insurance contracts issued by a fraternal benefit society generally include the society’s bylaws, as well as any subsequent amendments to *327the bylaws, provided that the amendments do not reduce the benefits promised i...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1403 IRAQ MIDDLE MARKET DEVELOPMENT FOUNDATION, Plaintiff - Appellant, v. MOHAMMAD ALI MOHAMMAD HARMOOSH, a/k/a Mohammed Alharmoosh; JAWAD ALHARMOOSH, Defendants - Appellees. ...
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ORDER AND NOW, this 1st day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is: Whether, in a case of first impression, the Superior Court erred in holding that a reasonable person would have understood that their consent to a roadside search of their vehicle would encompass a canine sniff of all of the packages contained inside the vehi...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4094 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMAAL EUGENE EVANS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of No...
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Case: 16-30468 Document: 00513858533 Page: 1 Date Filed: 02/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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Case: 15-20697 Document: 00513859232 Page: 1 Date Filed: 02/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-2...
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Opinion —S.W. (Father) appeals from the juvenile court’s findings at the six-month review hearing that reasonable reunification services were provided to him and that active efforts were made to prevent the breakup of the Indian family. We reverse and remand. BACKGROUND In May 2015, the Mendocino County Department of Social Services (the Department) filed a Welfare and Institutions Code section 30...
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OPINION AND ORDER After securing a favorable ruling from the Department of Education of Puerto Rico (“DOE”) in administrative case number 2013-114-034, Rina Cofino Hernandez (hereinafter, the “Plaintiff’ or “Cofino”) filed this action against the Commonwealth of Puerto Rico on her behalf and that of her son, minor FLC, pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C...
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The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified. *808LANDAU, J. Defendants have petitioned for reconsideration of our opinion in Wels v. Hippe, 360 Or 569, 385 P3d 1028 (2016). Defendants prevailed but seek clarification of our instruction remanding the case to the trial court for further proceedings. Defendants assert that this instruction re...
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OPINION For nearly three years now, as part of a modernization effort mandated by the Texas Supreme Court, the courts of this state have undergone a slow but steady transition from paper filings to electronic filings in civil cases. As part of this transition, service rules have changed, and now in most civil cases, all filings must go through the Office of Court Administration’s electronic clear...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Michael Z. PABELONA, Chief Hospital Corpsman United States Navy, Appellant ...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Todd D. SEWELL, Sergeant United States Army, Appellant ...
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MEMORANDUM OPINION Following the termination of her employment as an Administrative Assistant II in Defendant City of Laurel, Maryland (the “City”)’s Communications Department, Plaintiff Felicia Strothers filed suit in the Circuit Court for Prince George’s County, alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-...
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PRESENT: All the Justices DONTE LAMAR JONES OPINION BY v. Record No. 131385 JUSTICE D. ARTHUR KELSEY February 2, 2017 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF YORK COUNTY ...
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Filed 2/2/17; part. pub. order 3/2/17 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE BILLY S. JOHNSON, Plaintiff and Appellant, A131975 v. ARVINMERITOR et al., ...
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Filed 2/2/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX WESTERN SURETY COMPANY, 2d Civil No. B269276 (Super. Ct. No. 1414261) Plaintiff and Respondent, (Santa Barbara County) v. ...
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Aff. Cir. Ct. (Broward)...
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ORDER This cause comes before the Court on the following: 1. Plaintiffs Renewed Motion for Judgment as a Matter of Law on Count II of the Amended Complaint (Doc. 108); 2. Plaintiffs Memorandum in Support of Plaintiffs Renewed Motion for Judgment as a Matter of Law and Motion to Amend Complaint to Conform to the Evidence (Doc. 119); and 3. Defendant’s Memorandum in Opposition to Plaintiffs Renewed...
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ORDER GRANTING IN PART DEFENDANT TRAGUS SURGICAL, INC.’S MOTION TO DISMISS; AND DENYING PLAINTIFF’S MOTION TO STAY AND MOTION TO CONTINUE HEARING This matter is before the court on three motions: defendant Tragus Surgical, Inc.’s motion to dismiss plaintiffs complaint (Doc. No. 29); plaintiff Stryker Sales Cor*612poration’s motion to stay proceedings pending resolution of issues in a related case...
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AMENDED MEMORANDUM AND ORDER1 Plaintiffs Laborers’ International Union of North America Local Union No. 783, Randal Sipes, Jr., and Russel Covington filed a citizen suit pursuant to section 304(a) of the federal Clean Air Act (“CAA”), 42 U.S.C. § 7604, which allows any person to bring a lawsuit in federal court against any person who violates an “emission standard or limitation.”2 Presently befor...
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MEMORANDUM OPINION AND ORDER Defendant Joshua Martin Kilgro is charged in a one count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). (Doc. 1). Law enforcement officers seized the guns identified in the indictment during a search of Mr. Kilgro’s residence in July of 2013. (Doc. 21-1). Mr. Kilgro has filed a motion to suppress this evidence. (Doc. 16)...
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MEMORANDUM OPINION Petitioner seeks relief in this Court pursuant to 28 U.S.C. § 2254, arguing that his state-court conviction is contrary to the United States Constitution. Magistrate Judge Linda K. Caracappa issued a Report and Recommendation (“R & R”) recommending that the petition be denied, to which the Petitioner filed objections. For the following reasons, Petitioner’s objections will be o...
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PRESENT: All the Justices MATTHEW T. MAYR, ET AL. OPINION BY v. Record No. 151985 JUSTICE STEPHEN R. McCULLOUGH February 2, 2017 CATHERINE OSBORNE, ADMINISTRATOR OF THE ESTATE OF MICHAEL J. OSBORNE FROM THE CIRCUIT CO...
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MEMORANDUM OPINION I. INTRODUCTION This is a white collar criminal case arising from an alleged fraud on the United States Department of Transportation’s Disadvantaged Business Enterprise Program (“DBE Program”) by Century Steel Erectors (“CSE”) and WMCC, Inc., and their respective principals. (Docket No. 1). In this case, the Government has charged one of the owners of CSE, Defendant Donald Tayl...
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MEMORANDUM OPINION I. INTRODUCTION On June 1, 2015, Weih Chang (“plaintiff’) filed an action pursuant to the federal False Claims Act, 31 U.S.C. § 3729 et seq., and the Delaware False Claims and Reporting Act, 6 Del. C. § 1201 et. seq., against the Children’s Advocacy Center of Delaware (“defendant”). (D.I. 1) In response to defendant’s motion to dismiss for failure to state a claim, plaintiff req...
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ORDER GRANTING-IN-PART AND DENYING-IN-PART DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S INFRINGEMENT CONTENTIONS Re: Dkt. No. 89 Defendant Blue Coat Systems, Inc. (“Blue Coat”) moves to strike Plaintiff Fin-jan, Inc.’s (“Finjan”) Patent Local Rule 3-1 Infringement Contentions Regarding U.S. Patent Nos. 6,154,844 (the ’844 Patent), 6,956,968 (the ’968 Patent), and 7,418,731 (the ’731 Patent) (together,...
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Filed 2/2/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F069279 Plaintiff and Respondent, (Super. Ct. No. B...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-3193-12 and A-1276-13 having been submitted to this Court, and the Court having considered the same; *482It is ORDERED that the petition for certification is denied, with costs....
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MEMORANDUM I. INTRODUCTION In this consolidated patent infringement action, plaintiff AstraZeneca alleges that pharmaceutical products proposed by defendants Aurobindo Pharma Ltd., Auro-bindo Pharma U.S.A., Wockhardt Bio AG, Wochardt USA LLC, Amneal Pharmaceuticals LLC, Sun Pharmaceutical Industries Ltd., Sun Pharmaceutical Industries Ltd., Sun Pharma Global FZE, Mylan Pharmaceuticals Inc., Watso...
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ORDER Plaintiff Matthew Gravel alleges that his former employer, Defendant Costco, violated the Family Medical Leave Act’s anti-retaliation and anti-interference provisions. (See Compl., Doc. No. 1.) Defendant has moved for summary judgment, and the Parties have extensively briefed the matter. (See Doc. Nos. 19, 24, 29, 42, 43.) The-undisputed facts show that Plaintiff explicitly stated his desir...
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ORDER AND NOW, this 2nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER This case comes before the Court on Plaintiffs motion for summary judgment [17]. I. Background Plaintiff Fastcase, Inc. and Defendant Lawriter, LLC are competitors in the market for legal research services. Each provides online access to searchable databases of public law, such as federal and state statutes, administrative rules and regulations, and judicial decisions. At issue in this laws...
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Petitioner Columbia College Chicago (“Columbia”) seeks review of a National Labor Relations Board (“NLRB”) order. *549The order required Columbia to engage in “effects bargaining” with the Part-Time Faculty Association at Columbia College Chicago (“PFAC”) under the terms of the parties’ collective-bargaining agreement (“CBA”) regarding credit-hour changes to Columbia’s performing-arts curriculum, ...
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ORDER Before the court is the Government’s motion requesting the court order Defendants Dwight Hayman, Paul Tyler, Lon-dell Mitchell, and Darnell Dubose to submit to the taking of a saliva sample by buccal swab. See Gov’t’s Mot. for an Order Requiring Certain Defs. to Submit to a Saliva Sample/Buccal Swab, ECF No. 114 [hereinafter Gov’t’s Mot.]. Defendant Hay-man objects to the Government’s Motion...
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JUDGMENT, MEMORANDUM, AND ORDER I. Introduction... 94 II. Facts... 95 A. Initial Proceedings... 95 B. Motion to Dismiss and Motion for Summary Judgment.. .96 III. Law... 97 A. Standard for Summary Judgment. . .97 B. Statute of Limitations... 97 1.42 U.S.C. § 1983... 97 2. NYSHRL, NYCHRL, and New York Tort Claims... 97 3. Continuing Violation... 97 C.Constitutional Violations under § 1983...98 1. ...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 404 September Term, 2016 ______________________________________ MONARCH ACADEMY BALTIMORE CAMPUS, INC., ET AL. v. BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS ______________________________________ Graeff, Berger, Shaw G...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 01475 September Term, 2015 _________________________ WILLIAM H. TORBIT, SR., et al. v. BALTIMORE CITY POLICE DEPARTMENT, et al. _________________________ Krauser, C.J., Friedman, Sharer, J. Frederick (Senior Judge, Specially A...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2722 September Term, 2013 ______________________________________ RAHYMEEN J. BARBER v. STATE OF MARYLAND ______________________________________ Eyler, Deborah S., Reed, Salmon, James P. (Senior Judge, Specially Assign...
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Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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The petition for writ of certiorari was dismissed today pursuant to Rule 46.1 of the Rules of this Court....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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FINDINGS OF FACT AND CONCLUSIONS OF LAW1 This matter was tried before the Court. Based upon the evidence presented during the bench trial, the record in this matter, the argument of counsel,2 and otherwise being duly advised in the premises, the Court issues these findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. I. INTRODUCTION Plaintiffs Nor...
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DECISION AND ORDER Plaintiff A.S. (“Plaintiff’) brings this action against Vicki Been, in her capacity as Commissioner of the New York City Department of Housing Preservation and Development (“HPD”), and HPD itself (collectively, “Defendants”), alleging that Defendants deprived Plaintiff of her due process rights, discriminated against her on the basis of her sex, and acted in a manner that was a...
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [25] I. INTRODUCTION This is an action under the Telephone Consumer Protection Act, 47 U.S.C, § 227 (“TCPA”). Defendant Regal Medical Group, Inc., an organization that receives and responds to medical care requests for participants in HMO insurance plans, inadvertently entered Plaintiff Ashamad Pinchem’s cellphone ...
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MEMORANDUM OPINION AND ORDER In June 2014, Plaintiff Rick Lindsey, a Utah resident, and his family were on the way home to Utah from a Father’s Day celebration in the Midwest. The trip did not go smoothly. After a several-hour delay at O’Hare, Lindsey’s brother, Randy Lindsey, had some kind of verbal altercation with Delta Airlines employees who demanded that he exit the airplane. Rick Lindsey fo...
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ORDER AND NOW, this 2nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 2nd day of February, 2017, the Application for Leave to File Original Process and the Petition for Writ of Mandamus, to the extent it seeks to compel the Court of Common Pleas of Philadelphia County to adjudicate Petitioner’s motion for appointment of counsel, are GRANTED. The Court of Common Pleas of Philadelphia County is DIRECTED to adjudicate the motion for appointment of c...
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ORDER AND, NOW, this 2nd day of February, 2017, the Application for Leave to File Original Process and the Petition for Writ .of Mandamus and/or Extraordinary Relief, to the extent it seeks mandamus relief, are GRANTED. The Court of Common Pleas of Philadelphia County is DIRECTED to adjudicate Petitioner’s pending filing within 90 days. The Prothonotary is DIRECTED to serve this order on the ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CP-01049-SCT MICHAEL DRANKUS a/k/a MICHAEL F. DRANKUS v. MISSISSIPPI PAROLE BOARD DATE OF JUDGMENT: 06/11/2015 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT:...
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The following order has been entered on the motion filed on the 18th of November 2016 by Defendant for Formal Complaint Against the Office of the Clerk:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 31st of January 2017 by Plaintiff:"Motion Allowed by order of the Court in conference, this the 1st of February 2017."Plaintiff shall have up to and including the 17th day of March 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the motion filed on the 30th of January 2017 by Defendant to Allow Time to Respond to Motion of Plaintiff to Dissolve the PDR Allowed by this Court:"Motion Allowed by order of the Court in conference, this the 2nd of February 2017."...
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ORDER AND NOW, this 2nd day of February, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Habeas Corpus is DENIED....
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01907-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS v. SANDY ROBERTS DATE OF JUDGMENT: 10/28/2015 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2016-CA-00433-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS v. MARTIN GROOT DATE OF JUDGMENT: 02/22/2016 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ...
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ORDER AND NOW, this 2nd day of February, 2017, the Petition for King’s Bench Power or Extraordinary Relief is DENIED....
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-IA-00854-SCT SANDERSON FARMS, INC. AND GEORGE VARNADO v. D. D. McCULLOUGH DATE OF JUDGMENT: 05/20/2015 TRIAL JUDGE: HON. DAVID H. STRONG, JR. COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANTS: ...
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|TThe State of Louisiana, Department of Public Safety and Corrections, objected after the movant sought to expunge the records of two separate arrests and convictions. Following a hearing, the trial court rejected the State’s contention that La. Code Crim.P. art. 978(D) permits the ex-pungement of only one record of arrest and conviction. The trial court thereafter ordered the expungements as requ...
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ORDER ON MOTION TO DISMISS THIS CAUSE is before the Court on Defendant Account Services’ (“Defendant”) Motion to Dismiss, ECF No. [35] (the “Motion”), Plaintiff Nathalie Jimenez’s (“Plaintiff’) Second Amended Complaint, ECF No. [27]. Plaintiff timely filed a Response, ECF No. [36], and Defendant timely filed a reply, ECF No. [37]. For the reasons set forth below, Defendant’s Motion is granted in ...
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FOURTH DIVISION ELLINGTON, P. J., BRANCH and MERCIER, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://ww...
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FILED United States Court of Appeals Tenth Circuit PUBLISH January 9, 2017 ...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1887 September, 2013 CURTIS MAURICE LOPEZ v. STATE OF MARYLAND Krauser, C.J. Arthur, Kenney, James A., III (Senior Judge, Specially Assigned), JJ. Opinion by Krauser, C.J. Filed: February 2, 2017 ...
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OPINION AND ORDER Plaintiff Ruben An was arrested while filming on his cell phone New York Police Department (“NYPD”) officers. He sues Defendant City of New York (“the City”), alleging the arrest violated his First Amendment rights and seeking an injunction barring NYPD officers from arresting Plaintiff or others solely for recording police officers who are performing official duties in public. ...
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*449ORDER Three motions are currently before the Court in this employment compensation dispute: defendant’s Motion to Dismiss, plaintiffs Motion to Amend, and plaintiffs Motion for a Protective Order. Docs. 4, 11 & 17. The first is before the district judge while the latter two will be reached here. For the purpose of this Order, the Court will accept as true the facts lifted from the filings cit...
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*296DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF AND COUNTERCLAIM DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT Plaintiff/Counterclaim Defendant Small Business Bodyguard Inc. (“SBBI”) brought this action against Defendant/Counterclaim Plaintiff House of Moxie, Inc. (“HOM”), which then brought counterclaims against SBBI, SBBI’s CEO R...
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SUBSTITUTE OPINION On October 25, 2016, this court issued its opinion in this case. Both sides moved for rehearing. We deny the appellants’ motion for rehearing en banc and grant in part appellees’ motion for rehearing. We withdraw our prior opinion and judgment and issue this substitute opinion and judgment in their place. This appeal involves business disputes that arose between two individuals...
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¶ 1. Paulina S. Easterling appeals a circuit court order that affirmed the decision of the Labor and Industry Review Commission (LIRC) denying Easterling's claim for unemployment benefits on the basis of substantial fault. As pertinent to our resolution of this appeal, LIRC based its decision on a finding that the conduct of Easterling that resulted in her termination was intentional, and not an "...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JADEN MCNEIL, et al., : : Plaintiffs, : Civil Action No.: 14-1981 (RC) : v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) WINMAR CONSTRUCTION, INC., ) ) Plaintiff, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : : v. : Criminal Action No.: 16-0073 (RC) : TYRONE WRIGHT, ...
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OPINION & ORDER Plaintiff Leslie Toussaint (“Plaintiff”) filed the instant Complaint against Defendant NY Dialysis Services, Inc. (“Defendant”) alleging that Defendant discriminated against Plaintiff on the basis of race, in violation of 42 U.S.C. § 1981 and N.Y. Exec. Law § 296, because Defendant terminated Plaintiff after an incident with a coworker, but not the “non-Black” coworker also involv...
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Dismissed as an appeal from a nonfinal, nonappealable order. SILBERMAN, CRENSHAW, and SLEET, JJ., Concur....
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT AIROL MUNOZ, ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RICKY GIPSON, ) ) ...
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Aff. Cir. Ct. (Brevard)...
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Petitioner, Andrew Wyatt Nielson, petitions this court for a writ of habeas corpus claiming he is being unlawfully detained in that the trial court did not conduct a full bond hearing to determine reasonable conditions for pre-trial release pursuant to Florida Rule of Criminal Procedure 3.131(b). We agree and grant the petition for habeas corpus. We remand the matter back to trial court to conduct...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KEITH ROBERT JOHNSON, Petitio...
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AFFIRMED. See State v. Gonzalez, 121 So.3d 625 (Fla. 4th DCA 2013) (holding prosecutor has discretion to charge defendant under general crime even though more specific crime exists). SAWAYA, ORFINGER and TORPY, JJ., concur....
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Because we do not have a transcript of the proceedings below, we cannot resolve the underlying factual issues in order to determine whether the trial court’s judgment on the issue of child support is without evidentiary support. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979). In the absence of a transcript, we will only reverse where the error appears on the face of...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HERNANDO HMA, LLC, D/B/A BAYFRONT HEALTH SPRIN...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ZAMEENA ZEENAT BARSIS, Appellant, v. ...
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The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the January 6, 2016 judgment and sentence in Case No. 2014-301657-CFDB in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED. COHEN, C.J., EDWARDS, J., and JACOBUS, B. W., Senior Judge, concur....
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AFFIRMED without prejudice for Appellant to refile his Rule 3.800(a) motion, if appropriate. COHEN, C.J., BERGER and EDWARDS, JJ., concur....
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED VERNARDO J. GRAY, Appellant, v. ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BONAFIDE PROPERTIES, LLC AS TRUSTEE ONLY, UNDER THE 8703 AT...
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concurring specially. Because possession of even the smallest amount of a controlled substance, or the residue of a controlled substance, can be a felony, I concur with the majority opinion, albeit reluctantly. See Peterson v. State, 841 So.2d 661, 662-63 (Fla. 4th DCA 2003); Gilchrist v. State, 784 So.2d 624 (Fla. 3d DCA 2001)....
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED GLEN GARRON, LLC, Appellant, v. ...
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The following order has been entered on the motion filed on the 14th of November 2016 by Plaintiff to Proceed In Forma Pauperis:*370"Motion Allowed by order of the Court in conference, this the 26th of January 2017."...
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Upon consideration of the petition filed on the 2nd of September 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 26th of January 2017." Upon consideration of the...
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Appeal from an order of the Family Court, Oneida County (Julia M. Brouillette, J.), entered July 22, 2015 in a proceeding pursuant to Family Court Act article 6. The order, among other things, granted primary physical custody of the subject children to Alicia M. Pflanz. It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Warren v Hibbs, 136 AD3d 1306, 1306 [...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHAREMASTER, No. 13-73199 Petitioner, v. U.S. SECURITIES & EXCHANGE OPINION COMMISSION, Respondent. On Petition for Review of an Orde...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TERRY D. DIXON, No. 14-16644 Petitioner-Appellant, D.C. No. v. 3:13-cv-00248- R...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CENTER FOR BIOLOGICAL No. 14-16977 DIVERSITY; PESTICIDE ACTION NETWORK NORTH AMERICA, D.C. No. non-profit organizations, 3:11-cv-00293-JCS Plaintiffs-Appellants, v. OPINION U.S. ENVIRONMENTAL PROTECTION ...
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concurring: Michael Laursen stands convicted of the “use” of a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of that conduct and is currently serving the fifteen-year mandatory minimum sentence the statute requires. The photos in question were taken in the course of an ill-advised, but perfectly legal, relationship Laursen had with a young woman above ...
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Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN OPINION Plaintiff-Appellant Charles Manley challenges the district court’s entry of summary judgment for Defendants-Appellees, who are various prison officers and officials, on Manley’s Eighth and Fourteenth Amendment claims for excessive force and deliberate indifference. For the reasons given in this opinion, we affirm in part, revers...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRADLEY VAN PATTEN, an No. 14-55980 individual, on behalf of himself and all others similarly situated, D.C. No. Plaintiff-Appellant, 3:12-cv-01614- LAB-MDD ...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 3, 2017 ...
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Case: 15-13701 Date Filed: 02/03/2017 Page: 1 of 28 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-13701 _______________________...
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Case: 15-15791 Date Filed: 02/03/2017 Page: 1 of 34 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15791 ________________________ D.C...
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15-288-cv Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, Inc., 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 August Term, 2015 4 (Argued: September 29, 2015 Decided: February 3, 2017) 5 Docket ...
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This case concerns the operation of Love Field, an airport owned by Plaintiff-Appel-lee the City of Dallas (the “City”), and leased in part to Defendant-Appellant Southwest Airlines Company (“Southwest”). The City filed a declaratory judgment action seeking a determination of whether it must order Southwest to accommodate Defendant-Appellee Delta Air Lines, Incorporated (“Delta”), at Love Field un...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0024p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ┐ Plaintif...
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In the United States Court of Appeals For the Seventh Circuit No. 16-3402 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ABEL COVARRUBIAS, Defendant-Appellant. Appeal from the United States District Court for th...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1589 JOHN JONES BEY, Plaintiff-Appellant, v. STATE OF INDIANA, et al., Defendants-Appellees. ___...
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These four related appeals arise from a long-running and acrimonious business dispute between appellants Patti Lardas and her nephew Danny Christofalos on one side and appellees Slavko Grcic and associates on the other. Appeal Nos. 15-1685 (Lardas I) and 15-1704 {Cohen) were consolidated for oral argument, which took place on October 28, 2015. Appeal No. 16-4210 {Lardas II) concerns the district c...
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In the United States Court of Appeals For the Seventh Circuit ____________________  No. 15‐1632  FERNANDO DELATORRE,  Petitioner‐Appellant,  v.  UNITED STATES OF AMERICA,  Respondent‐Appe...
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On December 23, 2014, Rivera and three others robbed a Milwaukee bar called the Brew City Tap. They all wore masks; and three of them were armed, two with BB guns and one with a .40-caliber handgun. They left with $857.25. Four days later, they robbed the Sky Zone Indoor Trampoline Park. This robbery was more successful than the prior one, netting them over $12,000. Nearly fifty businesses through...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2399 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1484 ___________________________ Edward Huyer; Connie Huyer; Carlos Castro; Hazel P. Navas lllllllllllllllllllll Plaintiffs - Appellees Wells Fargo & Co...
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ORDER The Defendant-Appellant’s petition for rehearing is GRANTED. The prior opinion and memorandum disposition filed June 28, 2016, are withdrawn. A substitute opinion and substitute memorandum disposition shall be filed in due course....
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LORRIE POUBLON, an individual, on No. 15-55143 behalf of herself, and on behalf of all persons similarly situated, D.C. No. Plaintiff-Appellee, 2:12-cv-06654- CAS-MAN v. C.H. ROBINSON COMP...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 11, 2016 Decided February 3, 2017 No. 15-1217 NATIONAL LABOR RELATIONS BOARD, PETITIONER v. TITO CONTRACTORS, INC., RESPONDENT Consolidated with 1...
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This is an appeal by Murray & Sons Construction Company of the trial court’s holding that it had breached an implied-in-fact contract with Lindsey Masonry Company by not paying for all of die services performed. Along with the contract payments, the trial court awarded interest, costs, and attorney fees as authorized by the Kansas Fairness in Public Construction Contracts Act. Our review of the ex...
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OPINION Appellants, Miguel and Susan Ventura, appeal from an order of the Powell Circuit Court granting summary judgment in favor of Appellee, Central Bank, and dismissing the Venturas’ claims for false light invasion of privacy, breach of fiduciary duty and malicious prosecution. Finding no error, we affirm. The Venturas own and operate Miguel’s Pizza and Rock Climbing Shop in Slade, Kentucky. I...
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OPINION John R. Bowling and April L. Bowling bring this pro se appeal from a December 23, 2014, order of the Jackson Circuit Court confirming a sale of real property and a manufactured home. We affirm in part, reverse in part, and remand. On September 16, 2011, the Appalachian Federal Credit Union (Credit Union) filed a Complaint for Foreclosure in the Jackson Circuit Court against the Bowlings. T...
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IN THE SUPREME COURT OF TEXAS ══════════ No. 15-0142 ══════════ RICHARD D. CRAWFORD, PETITIONER, v. XTO ENERGY, INC., RESPONDENT ══════...
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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 15-0912 444444444444 COLORADO COUNTY, TEXAS, R.H. "CURLY" WIED, IN HIS OFFICIAL & INDIVIDUAL CAPACITY , PETITIONER , ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KATIE MAYES, individually and for No. 14-35396 and on behalf of dependent beneficiaries; J.M., a minor child; D.C. No. H.M., a minor child; M.M., a minor 4:12-cv-00307- child; G.M., a minor child; K.M., a EJL-CWD minor child, Plaintiffs-Appellants,...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ARIZONA DREAM ACT COALITION; No. 15-15307 CHRISTIAN JACOBO; ALEJANDRA LOPEZ; ARIEL MARTINEZ; NATALIA D.C. No. PEREZ-GALLEGOS; CARLA 2:12-cv-02546- CHAVARRIA; JOSE RICARDO DGC HINOJOS, Plaintiffs-Appellees, ...
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Marvie Jean Tregeagle appeals from the district court’s decision, on intermediate appeal, affirming the magistrate’s denial of her motion to suppress. Tregeagle asserts the district court erred when it affirmed the magistrate’s denial of her motion to suppress because the officer did not have reasonable suspicion that the trailer ball hitch obstructing Tregeagle’s license plate violated Idaho Code...
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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 43332 ) STATE OF IDAHO, ) Boise, November 2016 Term ) Plaintiff-Respondent, ) 2017 Opinion ...
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We affirm the judgment of the trial • court in part and remand with instructions * to order restitution in the amount of $22,046.65 plus interest of $4,409.33 for a total award of $26,455.98 Concurs Concurs...
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FILED Feb 03 2017, 7:58 am CLERK Indiana Supreme Court Court of...
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FILED Feb 03 2017, 8:25 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs5...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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ATTORNEYS FOR PETITIONER: ATTORNEY FOR RESPONDENT: MARILYN S. MEIGHEN BRADLEY D. HASLER ATTORNEY AT LAW BINGHAM GREENEBAUM DOLL LLP Carmel, IN Indianapolis, IN BRIAN A. CUSIMANO ATTORNEY AT LAW FILED Indianapolis, IN ...
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MEMORANDUM & ORDER Defendant Jane E. O’Brien (“defendant”) pled guilty in April, 2015, to 1) two counts of investment advisor fraud, in violation of 15 U.S.C. § 80b-6, 2) two counts of wire fraud, in violation of 18 U.S.C. § 1343 and 3) three counts of mail fraud, in violation of 18 U.S.C. § 1341. Defendant was originally sentenced to 45 months incarceration for each count, to be served concurren...
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OPINION Appellant James Duvall Ryder appeals from his convictions by jury of the offenses of aggravated sexual assault of a child,1 indecency with a child by contact2 and indecency with a child by exposure3 and the resulting concurrent sentences of 99, 20 and 10 years of imprisonment. Appellant raises several issues. We will affirm. Background Appellant lived with his wife and three children.4 In ...
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No. 113,678 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. AMIE CLEVERLEY, Appellant. ...
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FILED United States Court of Appeals Tenth Circuit February 3, 2017 PUBLISH Elisabeth A. S...
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FILED United States Court of Appeals Tenth Circuit February 3, 2017 PUBLISH Elisabeth A...
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Nelson Pereira was convicted of conspiring to" possess cocaine with the intent to distribute, and aiding and abetting others to possess cocaine with the intent to distribute, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 846. On appeal, Pereira contends that a new trial is warranted as a result of, inter alia, the prosecutor’s improper questioning that compelled him to comment on th...
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United States Court of Appeals For the First Circuit No. 15-1977 UNITED STATES OF AMERICA, Appellee, v. ÁNGEL LUIS PÉREZ-DÍAZ, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRIC...
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This appeal requires us to decide whether a dispute between employees and their successor employer should be resolved in arbitration or in the courts. The parties agreed to arbitrate this dispute. The district court, however, refused to compel arbitration; it found that ERISA preempted arbitration of this dispute, and reasoned that this, in turn, presented an issue of *44 arbitrabi...
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Court Below: Chancery Court of the State of Delaware, C.A. No. 11293 AFFIRMED....
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ORDER This Court sentenced Thomas Flannery to 151 months in prison after calculating a Guidelines range of 151-188 months. The Court determined that Mr. Flannery qualified as a career offender based in part on three prior convictions for Massachusetts Armed Robbery and two prior convictions for Massachusetts Unarmed Robbery. In Johnson v. United States (Johnson II), — U.S.—, 135 S.Ct. 2551, 192 L....
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Order Plaintiff Patrick Weckesser works as cable installation technician for Defendant Knight Enterprises S.E., LLC, a limited liability company incorporated in South Carolina that does business in the southeast. Members of the putative class Plaintiff seeks to represent have also worked for Defendant in the past several years. Plaintiff has filed a complaint alleging that Defendant inappropriate...
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hln preparation for trial on this meso-thelioma case, the plaintiff served trial subpoenas on numerous defendant corporations for the in-court appearance of a corporate representative at trial. The defendant corporations filed motions to quash the subpoenas. The trial court granted the motions to quash as to the corporations that were not domiciled in Louisiana. The plaintiff filed an application ...
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ORDER h The Office of Disciplinary Counsel (“ODC”) commenced an investigation into numerous complaints of serious professional misconduct filed against respondent. These matters involve a pattern by respondent of mishandling her client trust account, failing to provide accountings upon request, and failing to refund unearned fees. Respondent subsequently failed to cooperate with the ODC in its inv...
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| pursuant to Supreme Court Rule XIX, § 21, the Office of Disciplinary Counsel (“ODC”) has filed a petition seeking the imposition of reciprocal discipline against respondent, Everett H. Mechem, an attorney licensed to practice law in the States of Louisiana, Georgia, and Tennessee, based upon an interim suspension imposed by the Supreme Court of Tennessee. UNDERLYING FACTS AND PROCEDURAL HISTORY ...
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*692ATTORNEY DISCIPLINARY PROCEEDING 11 Pursuant to Supreme Court Rule XIX, § 21, the Office of Disciplinary Counsel (“ODC”) has filed a petition seeking the imposition of reciprocal discipline against respondent, Quenton I. White, an attorney licensed to practice law in Louisiana and Tennessee, based upon discipline imposed by the Supreme Court of Tennessee.1 UNDERLYING FACTS AND PROCEDURAL HISTO...
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ORDER | ¶ Considering the Petition for Interim Suspension for Threat of Harm filed by the Office of Disciplinary Counsel and our February 3, 2017 order in 16-OB-1823 transferring respondent, Cynthia Ann Sternberg, to disability inactive status pursuant to Supreme Court Rule XIX, § 22(C), IT IS ORDERED that the petition for interim suspension be and hereby is denied....
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h Denied. Relator abandoned his pro-se pre-trial motions when he proceeded to trial without obtaining rulings on them, see La.C.Cr.P. art. 841, and therefore shows no error in the court’s failure to issue such rulings. Relator also fails to show that he received ineffective assistance of counsel, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), as a result of coun...
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| denied. Relator has exhausted his right to state collateral review. See State ex rel. Johnson v. State, 15-0346 (La. 11/20/15), 179 So.3d 590....
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| jDenied. Relator has exhausted his right to state collateral review. See State ex rel. Johnson v. State, 15-1704 (La. 10/17/16), 202 So.3d 493....
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| denied. Relator shows no abuse of discretion in the District Court’s decision to deny his request to further supplement his application for post-conviction relief. See State ex rel. Duhon v. Whitley, 92-1740 (La. 9/2/94), 642 So.2d 1273 (district court has discretion to decide whether to allow a post-conviction petitioner to amend or supplement a timely-filed application for post-conviction reli...
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h Denied. Relator fails to show he received ineffective assistance of counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). By pleading guilty, relator also waived review of all non-jurisdictional defects in the proceedings prior to the plea. State v. McKinney, 406 So.2d 160, 161 (La. 1981). Relator has now fully litigated his application for ...
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11 Denied. Relator shows no error in the ruling of the district court. Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the li...
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| denied. Relator fails to show he received ineffective assistance of counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to the remaining claims, relator fails to show any error in the district court’s ruling and fails to satisfy his post-conviction burden of proof. La. C.Cr.P. art. 930.2. Relator has now fully litigated his application ...
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11Denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to carry his burde...
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¶ 1. This interlocutory appeal presents the question of whether the Sixth Amendment right to assistance of counsel is violated when the plaintiff in a civil wrongful death action attaches funds the defendant *1101intends to use for her legal defense to homicide charges stemming from the death at issue in the civil case. Defendant appeals a trial court decision permitting such an attachment. We aff...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0534 September Term, 2016 ______________________________________ BRANDON AMES v. STATE OF MARYLAND ______________________________________ Graeff, Kehoe, Moylan, Charles E., Jr., (Senior Judge, Specially Assig...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2212 September Term, 2015 ______________________________________ CLEANWATER LINGANORE, INC. ET AL. v. FREDERICK COUNTY, MARYLAND ET AL. ______________________________________ Kehoe, Berger, Harrell, Glenn T. (Senior J...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2492 September Term, 2015 ______________________________________ MARCEE ZAKWIEIA v. BALTIMORE COUNTY, BOARD OF EDUCATION ______________________________________ Wright, Berger, Nazarian, JJ. _...
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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2541 September Term, 2015 ...
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The following order has been entered on the motion filed on the 24th of October 2016 by Petitioner for Reconsideration:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the motion filed on the 30th of November 2016 by Defendants to Appear on Behalf of All Defendants:"Motion Allowed by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the motion filed on the 28th of November 2016 by Defendant for Return of Property:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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*371The following order has been entered on the motion filed on the 28th of November 2016 by Plaintiff for Court Review:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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2017 UT App 23 THE UTAH COURT OF APPEALS LESLIE D. MOWER, LD III LLC, AND LD RANCH LLC, Appellants, v. DAVID R. SIMPSON, LANDMARK REAL ESTATE INC., WOOD SPRINGS LLC, PHEASANT MEADOWS LLC, KRISTIN W. MACKEY, AND DEAN MACKEY, ...
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2017 UT App 22 THE UTAH COURT OF APPEALS CHARLEY PATTERSON, Appellee, v. JED KNIGHT AND ALISHA KNIGHT, Appellants. Memorandum Decision No. 20150885-CA Filed February 2, 2017 ...
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2017 UT App 21 THE UTAH COURT OF APPEALS CHARLES C. REHN, Appellant and Cross-appellee, v. STEVE S. CHRISTENSEN; STEVE S. CHRISTENSEN PC; HENRIOD, NIELSEN & CHRISTENSEN; CHRISTENSEN, CORBETT & PANKRATZ PLLC; AND HIRSCHI CHRISTENSEN PLLC, Appellees ...
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ORDER BE IT REMEMBERED on the 3rd and 4th days of January 2017, the Court held a hearing in the above-styled cause, and the parties appeared in person or through counsel. Before the Court are Plaintiffs Whole Woman’s Health, Brookside Women’s Medical Center PA d/b/a Brookside Women’s Health Center and Austin Women’s Health Center, Dr. Lendol L. Davis, Alamo City Surgery Center PLLC d/b/a Alamo Wo...
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 529-861; to the Court of Appeal, Fourth Circuit, No, 2016-K-1156. Writ denied. GUIDRY, J,, would grant. CLARK, J., would grant....
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The following order has been entered on the motion filed on the 7th of November 2016 by Plaintiff for Appeal of Decision of the North Carolina State Bar:"Motion Dismissed by order of the Court in conference, this the 26th of January 2017."...
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The following order has been entered on the second Motion for Extension of Time to File Brief filed on the 1st of February 2017 by Defendant-Appellant:"Motion Allowed by order of the Court in conference, this the 1st of February 2017."...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 31st of January 2017 by Plaintiff:"Motion Allowed by order of the Court in conference, this the 1st of February 2017."Plaintiff shall have up to and including the 23rd day of February 2017 to file and serve his/her brief with this Court....
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NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinio...
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OPINION AND ORDER On November 24, 2015, the United States of America (the “government”) commenced this action against Defendants L-3 Communications EOTech, Inc. (“EO-Tech”), L-3 Communications Corporation (“L-3”), and Paul Mangano, to recover damages and civil penalties arising out of a scheme to defraud various government agencies in connection with EOTech’s sale of defective holographic weapon ...
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The petition for writ of prohibition is dismissed as unauthorized. See Logan v. State, 846 So.2d 472 (Fla. 2003). ROBERTS, C.J., WOLF and B.L. THOMAS, JJ., CONCUR....
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The Court has determined that the appeal is untimely. Accordingly, appellees’ motion to dismiss, filed on September 8, 2016, is granted and the appeal is dismissed. ROWE, RAY, and M.K. THOMAS, JJ., CONCUR....
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Aff. Cir. Ct. (Orange)...
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Aff. Cir. Ct. (Orange)...
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Aff. Cir. Ct, (Bre-vard)...
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Aff. Cir. Ct. (Marion)...
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Aff. Cir. Ct. (Lake)...
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Aff. Cir. Ct. (St. Johns)...
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Aff. Cir. Ct. (Citrus)...
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Aff. Cir. Ct. (Volusia)...
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Aff. Cir. Ct. (Brevard)...
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Aff. Cir. Ct. (Hernando)...
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Aff. Cir. Ct. (Osceola)...
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Aff. Cir. Ct. (Marion)...
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Aff. Cir. Ct. (Orange)...
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Aff, Cir. Ct. (Sime-nole)...
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Aff. Cir. Ct. (Citrus)...
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-2761) MEMORANDUM OPINION Remand....
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02/03/2017 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON November 17, 2016 Session IN RE: NEVEAH W. Direct Appeal from the Chancery Court for Shelby County No. CH-14-0772, CH...
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Case: 15-10357 Document: 00513861299 Page: 1 Date Filed: 02/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-10357 Fifth Circui...
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Case: 16-50033 Document: 00513861410 Page: 1 Date Filed: 02/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No...
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The petition for belated appeal is dismissed as untimely filed. See Fla. R. App. P. 9.141(c)(5)(A). ROBERTS, C.J., WOLF and B.L. THOMAS, JJ., CONCUR....
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FLORIDA CARRY, INC. AND IN THE DISTRICT COURT OF APPEAL THE SECOND AMENDMENT FIRST DISTRICT, STATE OF FLORIDA FOUNDATION, INC., NOT FINAL UNTIL TIME EXPIRES TO Appellants/ FILE MOTION FOR REHEARING AND Cross-Appellees, DISPOSITION THEREOF IF FILED v. ...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL JOSEPH NILIO, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NOS. 1D15...
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ORDER DAVID S. SUSSMAN of EAST ORANGE, who was admitted to the bar of this State in 1980, and who has been temporarily suspended from practice since January 11, 2017, having tendered his consent to disbarment as an attorney at law of the State of New Jersey, and good cause appearing; It is ORDERED that DAVID S. SUSSMAN is disbarred by consent, effective immediately; and it is further ORDERED that ...
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MEMORANDUM OPINION On Friday, February 3, 2017, after hearing oral argument, the Court granted a *27Motion to Intervene by the Commonwealth of Virginia (“the Commonwealth”) and a Motion to Intervene by Osman Nasreldin (“Nasreldin”) and Sahar Kamal Ahmed Fadul (“Fadul”). This Memorandum Opinion supplements the reasoning articulated in open court. I. BACKGROUND On January 27, 2017, President Donald...
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ATTORNEY GRIEVANCE COMMISSION IN THE OF MARYLAND COURT OF APPEALS • OF MARYLAND Petitioner Misc. Docket AG Nos. 20 & 78 V. S...
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Memorandum Opinion Before the Court is the Motion to Dismiss Plaintiffs’ Second Amended Complaint by Defendants Opko Health, Inc. and Adam Logal. For the reasons that follow, Defendants’ motion is granted in part, but Plaintiffs will be granted leave to file a Third Amended Complaint. I. BACKGROUND The Second Amended Complaint alleges the following facts, which are taken as true for the purposes o...
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ORDER GRANTING IN PART MOTION TO DISMISS INTRODUCTION Defendants in this putative class action move to dismiss plaintiffs’ amended complaint, which asserts RICO and concealment claims in addition to previously asserted claims for intentional misrepresentation and conspiracy. Defendants’ motion is Granted in part. STATEMENT Defendants are the thirty-two member clubs of the National Football League...
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ORDER RE MOTION FOR ATTORNEY’S FEES INTRODUCTION Following dismissal of the complaint and judgment in their favor, defendants in this RICO action move for an award of attorney’s fees. The motion is Granted in part and Denied in part. STATEMENT Following a disputed election in the Elem Indian Colony (the “Tribe”) in November 2014, both the Garcia faction and *1149the Brown faction of the Tribe cla...
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*1120MEMORANDUM OF DECISION AND ORDER Pending before the Court is Defendant Medtronic Inc.’s Motion for Summary Judgment on Plaintiff Jose Valtierra’s (“Valtierra”) remaining claims: his claim of interference with his rights under the Family and Medical Leave Act (“FMLA”), and his claims of disability discrimination and retaliation under the Americans with Disabilities Act (“ADA”). (Doc. 53.) The...
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Petition for writ of certiorari to the Court of Appeals of Georgia denied....
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*1235Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Illinois denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District denied....
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Aff. Cir. Ct. (Orange)...
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IN THE SUPREME COURT OF TEXAS ══════════ No. 15-0073 ══════════ KEN PAXTON, ATTORNEY GENERAL OF TEXAS, PETITIONER, v. CITY OF DALLAS, RESPONDENT ...
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11Writ granted. For the reasons set forth below, we reverse the lower courts’ rulings and hereby grant summary judgment in favor of the defendant, Allied World Insurance Company. An insurance policy is a conventional obligation that constitutes the law between the insured and the insurer. Peterson v. Schimek, 98-1712 (La. 3/2/99), 729 So.2d 1024; La. C.C. art. 1983. The intent of the parties is to...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-10261 Plaintiff-Appellee, D.C. No. v. 4:14-cr-02037- RCC-DTF-1 ABELARDO NIEBLA-TORRES, Defendant-Appel...
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THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KENNETH J. TERRY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-2711 STA...
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J-E02006-16 2017 PA Super 27 FRANCESCA V. GURECKA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. ROBERT W. CARROLL AND HOLLY LACEY CARROLL, Appellants No. 1301 WDA 2014 Appeal from ...
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ORDER ON ROLLING OPTICS AB’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS IMPROPERLY WITHHELD (#192). I. Introduction Crane Security Technologies, Inc., is the exclusive licensee of the five U.S. patents at issue in this case.1 The patents “relate generally to optical systems that project synthetic images that ‘move’ and that include image icons formed as voids or recesses.” #79 ¶ 1. Crane “is the ex...
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MEMORANDUM OPINION AND ORDER Pending before the Court is the Government’s Motion to Dismiss and/or for Summary Judgment. ECF No. 79. The Court held oral argument on the Government’s motion on January 30, 2017. Following oral argument the Court issued an order staying the case pending the final determination of the motion in this Memorandum Opinion and Order. ECF No. 94. The Court now GRANTS the Go...
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MEMORANDUM OF DECISION In August, 2016, this court issued two search warrants, pursuant to section 2703 of the Stored Communications Act, 18 U.S.C. §§ 2701 et seq. (“SCA” or “Act”), which required Google Inc. (“Google”) to disclose to agents of the Federal Bureau of Investigation (“FBI”) certain electronic data held in the accounts of targets in two separate criminal investigations. Each account ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) JOHNNY RAY CHANDLER, SR., ) ) Plaintiff, ) ) v. ) ...
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Defendants-Appellants Marguerite Fletcher and Terry B. Fletcher appeal the August 13, 2014 judgment of the District Court granting summary judgment to Plaintiff-Appellee on its claim of fraudulent transfer of assets and denying a motion by Defendants-Appellants for partial summary judgment. The primary question on appeal is whether a judgment debtor’s residual wages after garnishment are exempt fr...
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Case: 15-41623 Document: 00513862810 Page: 1 Date Filed: 02/03/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-41623 ...
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Case: 15-10881 Document: 00513863253 Page: 1 Date Filed: 02/03/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-10881 ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1977 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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Memorandum Opinion and Order Before the Court is Apria Healthcare LLC’s motion for the Court to reconsider its judgment. Apria previously moved for summary judgment, and it was denied. Apria now asks the Court to alter or amend the judgment according to Federal Rule of Civil Procedure 59(e). For the following reasons, the motion to reconsider is granted in part and denied in part. The Court’s pre...
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ORDER 1. INTRODUCTION Plaintiff Elizabeth Moctezuma Baires (“Mrs. Baires”) was injured in a car accident in September 2010. The other driver was underinsured. After his insurance company paid Baires what it could under its policy, Baires turned to her own insurance company, Defendant State Farm Mutual Automobile Insurance Company (“State Farm”). Her policy with State Farm included underinsured mo...
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In 1991, Appellant Guy Philmore was tried and convicted of felony murder and sentenced to life without parole pursuant to former OCGA § 17-10-7 (b) (1991).1 We affirmed his convictions and sentences on direct appeal. See Philmore v. State, 263 Ga. 67 (428 SE2d 329) (1993). Appellant has filed this appeal from the denial of his motion to modify his sentence, and he alleges, for the first time on ap...
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Appellant Steven Barnett was convicted of malice murder in the stabbing death of George “Bubba” Bennett.1 The trial court denied Barnett’s amended motion for new trial, and he now appeals, contending that he received ineffective assistance of counsel and that the trial judge should have recused herself. For the following reasons, we affirm. Viewed in the light most favorable to the verdict, the ev...
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Jami Lea Jones and her husband, Louis David Jones, were tried together by a Walton County jury and convicted of the murder of their six-year-old son, Colin,1 among other crimes. Jami and Louis appeal, both contending that they were denied the effective assistance of counsel. Jami alone also contends that the trial court erred when it failed to instruct the jury sua sponte about certain evidence. U...
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Appellant Christopher Rayshun Smith was tried and convicted of murder and related offenses in connection with the shooting death of Kevin Daniel and aggravated assault of Kamenika Whatley.1 Smith appeals, claiming three instances of trial court error. Though we find no merit in any of Smith’s trial phase enumerations, we do find error with regard to his sentences and therefore we must vacate and r...
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Appellant Roderick Smith was convicted of malice murder and other offenses arising out of the shooting death of his girlfriend, Sherita Dunham. Smith appeals his conviction and sentence and the order denying his motion for new trial.1 We affirm the convictions, but remand for resentencing. 1. The record belies Smith’s claim that the trial evidence was insufficient to support his conviction. Viewed...
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At the time of their divorce in June 2011, Peggy Albritton (hereinafter, “Wife”) and Mark Kopp (hereinafter, “Husband”) had one minor daughter. The parties’ final divorce decree incorporated a settlement agreement and child support addendum wherein Husband agreed to pay child support while daughter was a full-time high *530school student. Specifically, paragraph 3 (a) of the settlement agreement s...
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Appellant Sylvester Leon Henderson was indicted, along with a co-defendant, for malice murder, felony murder, and other charges relating to the death of Derrick Brown. On September 8, 2011, appellant entered a guilty plea for felony murder. The transcript of the plea hearing shows appellant killed Brown in Rockdale County by striking him twice with a hammer and engaging in a struggle with the vict...
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Following the denial of his motion for new trial, as amended, Sean Mosley appeals his convictions and sentences for malice murder and possession of a knife during the commission of a crime in connection with the fatal stabbing of Michael Coleman. Mosley challenges the sufficiency of the evidence of his guilt and the trial court’s supplementation of the record of his trial. Finding the challenges t...
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Appellant Shaheed Kaba Huff was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of Graham Sisk.1 The trial court denied Huff’s motion for new trial, and he appeals, asserting insufficiency of the evidence, errors in the trial court’s charge to the jury, and ineffective assistance of trial counsel. F...
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Benny Kimbrough appeals the trial court’s order denying his 2015 motion to vacate as voidhis sentence of life in prison without the possibility of parole, which was imposed under OCGA § 17-10-7 (b) for a murder he committed in 2004 after being convicted of kidnapping in Florida in 1994. We affirm. 1. On February 24, 2005, a Clayton County grand jury indicted Kimbrough for malice murder and other c...
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Following a jury trial, Earlin Turner was found guilty of malice murder, felony murder, aggravated assault, and various other offenses in connection with the shooting death of Damodar Pathak.1 On appeal, Turner contends only that his trial counsel was ineffective for failing to pursue a particular defense theory and for failing to properly advise Turner about his right to testify at trial. We affi...
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Appellant John Randall Wyatt was tried and convicted of murder in connection with the death of two-year-old Andrea Marginean.1 Wyatt appeals, claiming that the evidence was insufficient to sustain his conviction and that the trial court erred by allowing the State’s medical expert to offer opinion testimony concerning Shaken Baby Syndrome. Finding no error, we affirm. 1. Wyatt first alleges that t...
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Chinua Anozienyako Plez was tried by a Clayton County jury and convicted of murder and other crimes in connection with the fatal stabbing of Gary Bussey Plez appeals, contending that the evidence is insufficient to sustain his convictions, that the trial court erred when it refused to charge the jury on voluntary manslaughter as a lesser included offense, and that it erred when it admitted certain...
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Appellant Superiore Allen was indicted and tried along with Brandon Norwood and Santonio Lucas, and was convicted of malice murder and other crimes arising from the shooting deaths of Vandit Patel and Jimmy Prak. Appellant contends that the evidence presented at trial was legally insufficient to support his convictions and that the trial court erred in failing to dismiss two counts of the indictme...
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Quinnard Gibson was tried by a Fulton County jury and convicted of murder in connection with the fatal beating of Shannon Stanley. Gibson appeals, contending that the evidence is legally insufficient to sustain his conviction, that the trial court erred when it admitted evidence of a similar transaction, and that it erred when it excluded evidence that Stanley had a reputation for violence. Upon o...
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Appellant Michael Berrien challenges the trial court’s order denying his motion to withdraw his guilty plea to felony murder in connection with the shooting death of Marcus Collins. We affirm. 1. According to the factual basis presented by the State during the plea hearing, on January 26, 2012, Appellant had Vanessa Marrero purchase a .380 caliber handgun for him. On the night of February 13-14, A...
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Glen William Rollins and Danielle Deaton Rollins were divorced in December 2013, and they agreed at that time to submit to binding arbitration of their respective claims to certain furniture and furnishings in the marital home. The arbitrator rendered an award in July 2014, and Glen promptly moved for judicial confirmation of the award. While his motion for confirmation was pending,1 the trial cou...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Irina Shvekh, : Appellant : : v. : No. 929 C.D. 2016 : Argued: December 15, 2016 The Zoning Hearing Board of : Stroud Township and Township ...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA All State Signz Company, : Appellant : : v. : No. 293 C.D. 2016 : Argued: November 14, 2016 Burgettstown Borough : BEFORE: HONORABLE...
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OPINION AND ORDER Plaintiff Carmen Valdez brings this action to review the final decision of the Commissioner of Social Security finding that Valdez is not disabled and thus not eligible for Social Security benefits. The Commissioner moves for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c).1 Valdez has moved for summary judgment under Fed. R. Civ. P. 56(a).2 The parties have consente...
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OPINION This dispute arises from a public-information request submitted by McLane Company, Inc., to the Texas Alcoholic Beverage Commission (TABC). On appeal, we must decide whether the trial court erred in granting the pleas to the jurisdiction of TABC and Sherry Cook, TABC’s Chief Administrative Officer and Officer for Public Information. We will affirm the trial court’s orders granting the ple...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 11 OCTOBER TERM, A.D. 2016 February 3, 2017 WILLIAM WATERBURY, Appellant (Defendant), v. S-16-0138 BRENDA WATERBURY, ...
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Order Granting Defendants’ Motion for Summary Judgment and Denying Plaintiff’s Motion for Class Certification [DOC. No. 50] On September 14, 2016, Defendants Schwabe North America, Inc., and Nature’s Way Products, LLC, filed a motion for summary judgment as to all claims of Plaintiff Kathleen Sonner. (Doc. No. 50.) On November 14, 2016, Plaintiff filed her Opposition to Defendants’ Motion for Sum...
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FILED United States Court of Appeals Tenth Circuit February 6, 2017 PUBLISH Elisabeth A. Shumaker ...
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Plaintiffs-Appellants Mathew Carabajal and his son, V.M.C., through Mathew and V.M.C.’s mother, Arianna Martinez, appeal from the district court’s judgment in favor of Defendants-Appellees Officers Joshua Thornton and Michael Sutton, and Defen-danb-Appellee City of Cheyenne (“the City”). On appeal, Plaintiffs challenge the district court’s grant of a motion to dismiss Plaintiffs’ Fourth Amendment ...
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The present dispute arises out of a contract for the shipment of used tires from *52 Puerto Rico to Vietnam. The shipment accrued demurrage charges, port- storage charges, and related administrative fees, apparently because it arrived late to Vietnam. On summary judgment, the district court found that Best Tire Recycling, Inc. (“Best Tire”) was the shipper, and therefore, pursuant ...
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United States Court of Appeals For the First Circuit No. 15-2487 UNITED STATES OF AMERICA, Appellee, v. CHRISTOPHER HENRY, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FO...
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Defendant-Appellant Rosalind Herman was convicted, after a jury trial, of conspiracy, willful violation of the Investment Advisers Act, wire fraud, and corruptly impeding the administration of internal revenue laws. These charges arose from a scheme in which Herman and a co-eonspir-ator solicited funds for purported investment in a hedge fund management company. Rather than investing the money ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0025p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ┐ Plaintiff...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-1628 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JASON L. NICHOLS, Defendant-Appellant. ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0252 Troy K. Scheffler, Appellant, vs. City of Anoka, et al., Respondents, City of...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-1024 State of Minnesota, Appellant, vs. Catherine Nyree McCabe, Re...
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J. S69020/16 2017 Pa. Super. 28 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : v. : : LAMONT CHERR...
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Conditionally Granted in part, Denied in part, and Opinion Filed February 3, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00987-CV IN RE DAVID E. MARTIN, Relator Original ...
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*906ORDER AND NOW, this 3rd day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Donohue Dissents....
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ORDER RE MOTION TO COMPLETE THE ADMINISTRATIVE RECORD I. INTRODUCTION In this case, Plaintiffs challenge (1) the decision of the U.S. Fish and Wildlife Service (“Service” or “FWS”) to withdraw the proposed listing of the Bi-State Sage-Grouse as “threatened” under the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544, and (2) the new listing policy on which that reversal was based, namely, th...
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*907ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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United States Court of Appeals for the Federal Circuit ______________________ AGILITY DEFENSE & GOVERNMENT SERVICES, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee ______________________ 2016-1068 ...
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Filed 2/6/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F069140 Plaintiff and Respondent, (Super. Ct. Nos. F12910379 & ...
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In the United States Court of Federal Claims No. 16-1549C (Filed: January 25, 2017) (Re-filed: February 3, 2017)1 ********************** ECOSYSTEM INVESTMENT PARTNERS, Plaintiff, Bid protest; Standing; Waiver; 28 ...
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In the United States Court of Federal Claims No. 12-303C (Filed Under Seal: January 27, 2017) (Reissued: February 6, 2017) ********************************** ) ) HITKANSUT LLC, et al., ...
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Affirmed Concurs Concurs...
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FILED Feb 06 2017, 8:50 am CLERK Indiana Supreme Court ...
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ATTORNEYS FOR PETITIONER: ATTORNEYS FOR RESPONDENT: RANDAL J. KALTENMARK CURTIS T. HILL, JR. ZIAADDIN MOLLABASHY ATTORNEY GENERAL OF INDIANA BARNES & THORNBURG LLP JESSICA R. GASTINEAU Indianapolis, IN WINSTON LIN PAVINDER K. N...
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2017 UT App 20 THE UTAH COURT OF APPEALS MIKE'S SMOKE, CIGAR & GIFTS, Appellant, v. ST. GEORGE CITY, Appellee. Opinion No. 20151030-CA Filed Februa...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 6, 2017 ...
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS Pending before the Court is Defendant’s Motion to Dismiss Count II (bad faith) and Count III (punitive damages) pursuant to Federal Rule of Civil Procedure 12(b)(6) failure to state a claim for which relief can be granted. Doc. 8. The Court has considered all filings and for the following reasons, Defendant’s motion is denied. BAC...
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MEMORANDUM AND ORDER1 Before the Court is defendants’ motion for summary judgment. (Docket No. 10.) Having considered the motion, as well as plaintiffs opposition (Docket No. 16), the Court DENIES the motion. I. BACKGROUND On January 4, 2016,. plaintiff Roosevelt Cayman Asset Company II (“RCAC”) filed a complaint against Edwin Cruz-Rivera, Abrahamny Agosto-Garcia, and the Conjugal Partnership cons...
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3Jn tbe Wniteb ~tates ~ourt of jfeberal ~laims No. 15-1266T FILED (Filed: February 6, 2017) FEB - 6 2017 U.S. COURT OF ********************************** ) ...
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OPINION & ORDER This case involves claims for unpaid contributions under two collective bargaining-agreements. On August 4, 2015, five multi-employer employee benefit plans—Building Service 32BJ Health Fund (“Health Fund”), Building Service 32BJ Pension Fund, Building Service 32BJ Supplemental Retirement & Savings Fund, Building Service 32BJ Legal Services Fund, and Thomas Shortman Training & Sch...
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MEMORANDUM OPINION AND ORDER While driving on the New England Thruway in Bronx County, Plaintiff Vincent Zanfardino suffered an epileptic seizure. As a result, his car collided with another vehicle, killing one of its passengers. Plaintiff was indicted by a Bronx County grand jury for second-degree manslaughter and other offenses as a result of the accident. Following trial, Plaintiff was acquitt...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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HERION COMPANY, ) ) Plaintiff-Respondent, ) ) v. ) No. SD33512 ) Filed: February 6, 2017 TANEY COUNTY, MISSOURI, ) ...
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STATE OF MISSOURI, ) ) Plaintiff-Respondent, ) ) v. ) No. SD34346 ) RONELL M. COOPER, ...
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MEMORANDUM OPINION AND ORDER Currently before the Court is a Motion for Summary Judgment (Doc. 21) filed by the Defendant, City of Rogers (the “City”), on September 12, 2016. Plaintiff Elizabeth Orr filed her Response (Doc. 36) on October 31, 2016, and the City filed a Reply (Doc. 38) a week later. On January 24, 2016, the Court held a hearing on the Motion, during which it took oral argument fro...
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Memorandum of Decision & Order In this case, a wildlife conservation group claims that acts and omissions by the State Parks Commissioner have, led to a situation where feral cats at Jones Beach are posing a risk to a threatened species of wild bird. The group contends that this situation violates the federal Endangered Species Act (the “Act”), 16 U.S.C. § 1531 et seq., and requires remedial acti...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 3rd of February 2017 by State of NC:"Motion Allowed by order of the Court in conference, this the 3rd of February 2017."State of NC shall have up to and including the 22nd day of February 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 3rd of February 2017 by State of NC:"Motion Denied by order of the Court in conference, this the 3rd of February 2017."...
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Louisiana denied....
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MEMORANDUM OPINION AND ORDER Before the Court is defendant Stephen F. Austin State University’s consolidated motion to dismiss the complaint and motion for summary judgment. Dkt. No. 34. The motion to dismiss is GRANTED IN PART and DENIED IN PART. The motion for summary judgment is DENIED. BACKGROUND The facts, viewed most favorably to the plaintiff, as they must be on the defendant’s motions to ...
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In the United States Court of Federal Claims 14-1202 Filed: February 2, 2017 **************************************** * * RMA ENGINEERING S.A.R.L. d/b/a/ * RMV ARCHITECTS, * Rules of the United...
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM & ORDER This Court was initially asked 1) to issue a writ of habeas corpus on behalf of by Arghavan Louhghalam and Mazdak Pour-abdollah Tootkaboni, lawful permanent residents who were detained at Boston Logan International Airport (“Logan”) for several hours upon arrival from an academic conference outside the United States and 2) to declare unlawful Executive Order 13,769, promulgated...
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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OPINION AND ORDER Plaintiff Cherylle McFarlane brought this action pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”) seeking to recover long-term disability benefits (“LTD benefits”) pursuant to a group long-term disability insurance policy (the “LTD Policy” or “LTD Plan”) issued by Defendant First Unum Life Insurance Company (“First Unum”). Before...
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DECISION AND ORDER INTRODUCTION Plaintiff Joel W. Frederick (“Plaintiff’) filed this action on August 13, 2016, pursu*329ant to: § 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794, for discriminatory treatment due to a perceived disability and unlawful retaliation for engaging in the protected activity of opposing discrimination based on a perceived disability; New Yo...
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APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-CR NO. 11-1-0364) SUMMARY DISPOSITION ORDER Vacated. Remanded....
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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delivered the Opinion of the Court. ¶1 Petitioner Julio Venalonzo was convicted of sexual assault on a child, attempted sexual assault on a child, possession of drug paraphernalia, and resisting arrest. Venalon-zo appealed, and the court of appeals affirmed in an unpublished opinion. People v. Venalonzo, No. 07CA0882, slip op. at 1, 2011 WL 4837489 (Colo. App. Oct. 13, 2011). Here, we determine wh...
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 6th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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OPINION AND ORDER This case arises from Plaintiff Erik Boneta’s allegations that Defendants Rolex Watch USA, Inc. (“Rolex USA”); Rolex Industries, Inc. (“Rolex Industries”); Montees Rolex, S.A. (“Montees Rolex”) and Rolex Holdings, S.A. (“Rolex Holdings”) violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Sherman Antitrust Act and the Clayton Antitrust Act by deliberate...
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OPINION & ORDER Plaintiffs The 2002 Lawrence R. Buchal-ter Alaska Trust (the “Trust”), Alaska Trust Company, and Stephen C. Harris (“Harris”) filed the instant Complaint, Amended Complaint, and Second Amended Complaint against Defendant Philadelphia Financial Life Assurance Company alleging several claims related to the Trust’s purchase from Defendant of a variable life insurance policy and subse...
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delivered the Opinion of the Court. ¶1 This case, like our recently announced ease Venalonzo v. People, 2017 CO 9, 388 P.3d 868, requires us to address the difference between lay and expert testimony.1 Specifically, this case requires us to resolve one issue, whether an ordinary person would be able to differentiate reliably between blood cast-off (i.e., blood droplets from waving a hand around) a...
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announced the judgment of the Court. ¶1 A jury convicted petitioner Anthony Edwin Marsh of sexually assaulting three of his granddaughters and possessing more than twenty images depicting child pornography. Marsh appealed, and the court of appeals affirmed his conviction. Marsh v. People, — P.3d -, No. 08CA1884, 2011 WL 6425492 (Colo. App. Dec. 22, 2011). We granted certiorari to consider whether ...
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delivered the Opinion of the Court. ¶1 This ease comes to us on certiorari review of the court of appeals’ unpublished opinion, People v. Molina, No. 11CA1650, 2014 WL 2770132 (Colo. App. June 19, 2014). In this case, a jury convicted Daniela Molina of two counts of identity -theft and three counts of forgery. We granted certiorari to resolve three issues: (1) whether the People must show that Mol...
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Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 22, 2015, which, to the extent appealed from as limited by the briefs, declared that, for the period at issue, in the formula used to calculate Medicaid reimbursement rates, “patient days” shall not include “reserved bed patient days,” and directed respondent Department of Health (DOH) to recalculate petitioner’s...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ Thomas J. RANDOLPH, Damage Controlman Second Class United States Coast Guard, Appellant v. HV Appellee ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) DIRISU OJO MOMOH, ) ) Appellant, ) ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ETHEL LOU WEST AND JAMES WEST, JR., Plaintiffs, v. Civil Action No. 16-1282 (RDM) SOCIAL SECURITY ADMINISTRATION, Defendant.   ME...
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MEMORANDUM-DECISION AND ORDER 1. INTRODUCTION This case stems from the contamination of groundwater in the Village of Hoosick Falls with perfluorooctanoic acid, or PFOA. ⅛ Dkt. No. 9 (“Complaint”) ¶ 1. While many suits concerning this contamination have been filed in this district, this case is a consolidated class action whose putative classes include all individual owners or renters of real pro...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MILOVAN ZEKANOVIC NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-...
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In this criminal appeal, Appellant contends that the trial court erred in denying his motion for discharge because the amended information filed after the expiration of the speedy trial period charged him with a new offense. We affirm for the reasons that follow. In October 2015, Appellant was stopped for a traffic infraction. He was arrested after a consensual search of his pockets resulted in th...
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In this workers’ compensation case, Claimant appeals the Judge of Compensation Claims’ (JCC’s) order granting the Employer/Carrier’s (E/C’s) motion for prevailing party costs under subsection 440.34(3), Florida Statutes (2011). Because we find no error in the JCC’s application of the statute under the circumstances here, we affirm the JCC’s order with regard to the substantive and procedural groun...
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In this dissolution-of-marriage appeal, we reverse the trial court’s award of past-*657due rent, but we affirm the trial court’s decision as to the majority time-sharing of the parties’ minor child. I. After their dissolution proceedings began, Chris and Darlene Hudson — then husband and wife — entered into a partial mediated settlement agreement. Among other things, the agreement provided that th...
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The petition alleging ineffective assistance of appellate counsel is denied as untimely. See Fla. R. App. P. 9.141(d)(5). This Court retains jurisdiction to address the imposition of sanctions. ROWE, RAY, and M.K. THOMAS, JJ., CONCUR....
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The petition for belated appeal is denied as untimely. See Fla. R. App. P. 9.141(c)(5)(A). ROWE, RAY, and M.K. THOMAS, JJ., CONCUR....
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DISMISSED. See Baker v. State, 878 So.2d 1236 (Fla. 2004). *659This court retains jurisdiction to address the imposition of sanctions. ROWE, RAY, and M.K. THOMAS, JJ., CONCUR....
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Petitioner is granted a belated appeal of the November 19, 2015, judgment and sentence in Escambia County Circuit Court ease number 2014-CF-004502-A. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D). If petitioner qualifies for appointed counsel, the trial court s...
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Petitioner is granted a belated appeal of the November 25, 2014, judgment and sentence rendered in Santa Rosa County Circuit Court case number 2014-000022-CF-MXAX. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D). If petitioner qualifies for appointed counsel, the...
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Petitioner is granted a belated appeal of the March 7, 2016, order dismissing with prejudice defendant’s amended motion for postconviction relief to remedy manifest injustice issued in Duval County Circuit Court case number 16-1995-CF-005328-AXXX-MA. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of app...
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Appellant Jakari Clark was convicted of attempted armed robbery and aggravated battery. With respect to both offenses, the jury found that Appellant actually possessed a firearm. But as to the attempted armed robbery count, the jury found that Appellant did not discharge the firearm. For each- offense, Appellant was sentenced to fifteen years imprisonment with a mandatory minimum term of ten years...
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Because appellants have prevailed in the main appeal from the final judgment in Crestview Hospital Corporation v. Coastal Anesthesia P.A., 203 So.3d 978 (Fla. 1st DCA 2016), the trial court’s award of attorney’s fees and costs in appellee’s favor must also be reversed. See Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“[A]n award of attorney’s fees and costs predicated on a reversed ...
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Ervin J. Lewis, appellant, asserts that the trial court committed per se reversible error when it refused to instruct the jury on the necessarily lesser-included offense of simple battery when the underlying charge was battery within a detention facility. § 784.082(3), Fla. Stat. (2014). We are constrained to reverse pursuant to the Florida Supreme Court’s rulings in State v. Wimberly, 498 So.2d 9...
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Based on the State’s proper concession of error, we reverse and remand for resen-tencing in accordance with Williams v. State, 186 So.3d 989 (Fla. 2016), which held that consecutive mandatory minimum terms under the 10-20-Life statute are permissible, but not mandatory, where, as here, the defendant shot at multiple victims. In all other respects, we affirm. AFFIRMED in part; REVERSED and REMANDED...
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ORDER Zachariah Peterson appeals the judgment of the motion court denying his Rule 29.15 motion for postconvietion relief following an evidentiary hearing. Peterson sought to vacate his conviction and sentence for felony murder in the second degree, section 565.021, RSMo 2000. He claims that trial counsel was ineffective for failing to object to the felony murder verdict director based on the omis...
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*757ORDER Jay A. Summers appeals from the denial, after an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief contending that he pled guilty as a result of ineffective assistance of counsel because his plea attorney failed to investigate the value of the property that Summers was alleged to have stolen, and an investigation would have shown that Summers did not commit a felo...
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ORDER Jessie L. Edwards appeals the denial of his Rule 24.035 motion for post-conviction relief after he pleaded guilty to two counts of the class D felony of failure to pay child support pursuant to Section 568.040, RSMo 2000. We affirm. Rule 84.16(b)....
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*860ORDER Jo Anne Mellinger, individually and as representative of the estate of her deceased husband Larry Mellinger, filed suit against Timothy and Connie Mellinger in the Circuit Court of Cass County. Timothy 1 was Larry’s brother; Connie is Timothy’s wife. The lawsuit alleged that Jo Anne, or Larry’s estate, held an interest in the business and property of Jack’s Tune Up and Alignment, an auto...
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In the Missouri Court of Appeals Western District JAMES E. BRADY, III, ) ) Appellant, ) WD79291 ) v. ) OPINION FILED...
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In the Missouri Court of Appeals Western District OTIS CORNELIOUS, ) ) Appellant, ) WD79204 ) v. ) ...
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RULING AND ORDER This matter comes before the Court on the Motion to Dismiss for Selective and Vindictive Prosecution (Doc. 11) by Defendant Christopher G. Young. The motion is opposed. (Doc. 12.) Evidentiary hearings were held on September 15, 2016, and October 5, 2016. (Docs. 24 & 37.) Both parties have provided extensive post-hearing briefing. (Docs. 39, 40, 45 & 47.) Oral argument was also he...
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COURT OF APPEALS OF VIRGINIA PUBLISHED Present: Judges Humphreys, Beales and O'Brien Argued at Norfolk, Virginia JENNIFER JO BROADOUS OPINION BY v. Record No. 0169-16-1 JUDGE ROBERT J. HUMPHRE...
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MEMORANDUM OPINION AND ORDER Plaintiffs Wilbur Macy and Pamela Stowe allege that Defendant GC Services Limited Partnership violated the Fair Debt Collection Practices Act by sending them debt-collection letters that did not accurately convey their rights under the Act. (Docket No. 1) They now seek certification of a class consisting of similarly situated debtors. (D.N. 22) Because GC Services’ op...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS This is a workplace discrimination action. Plaintiff Carmen Aicea has brought suit against her former employer, defendant North American Central School Bus, LLC. The complaint alleges claims arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 ...
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IN THE SUPREME COURT OF THE STATE OF ARIZONA EQUITY INCOME PARTNERS, LP, AN ARIZONA LIMITED PARTNERSHIP; GALILEO CAPITAL PARTNERS LIMITED, A CAYMAN ISLANDS EXEMPTED COMPANY, Plaintiffs/Appellants, v. CHICAGO TITLE INSURANCE COMPANY, A DELAWARE CORPORATION, ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3264 ___________________________ Kyle Soltesz, doing business as Top Dog Enterprises lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3465 ___________________________ Jacobi P. Malone lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3514 ___________________________ Richard Aguilar; Melba Aguilar; Albert Carrell; Sharon Cobb; Clayton Givens; Linda Givens; Stanley Kuhlo; Gina Mastrantonia; Phil Rosemann; Loren Wi...
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United States Court of Appeals For the Eighth Circuit ______________________________ No. 15-3975 ______________________________ American Fire and Casualty Company Plaintiff - Appellant v...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1735 ___________________________ Acciona Windpower North America, LLC lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1900 ___________________________ American Railcar Industries, Inc. lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 10, 2016 Decided February 7, 2017 No. 16-5054 JUDICIAL WATCH, INC., APPELLANT v. UNITED STATES DEPARTMENT OF DEFENSE, APPELLEE Appeal from the United...
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[¶ 1] The father of Forest G. appeals from a judgment of the District Court (Farmington, Oram, J.) terminating his parental rights to his child. See 22 M.R.S. § 4055(1)(B)(2), (1-A)(A) (2016). The father argues, for the first time on appeal, that the court violated his right to due process by applying a rebuttable presumption of parental unfitness and improperly placing the burden of proof on...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 27 Docket: And-16-172 Argued: December 13, 2016 Decided: February 7, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ. STATE OF MAINE ...
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ORDER Michael Tanner pleaded guilty to one count of first-degree robbery and one count of armed criminal action. The plea court sentenced Tanner to two concurrent terms of 18 years in prison. Subsequently, Tanner filed a Rule 24.035 motion for post-conviction relief. The motion court denied it without an evidentiary hearing. We now consider Tanner’s appeal of that denial. Arguing that the motion c...
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ORDER Cletist Wright (“Movant”) appeals from the motion court’s judgment denying his Rule 24.035 motion for post-conviction relief. The State of Missouri (“State”) charged Movant with the class A felony of robbery in the first degree (Count I), in violation of Section 569.020, and the unclassified felony of armed criminal action (Count II), in violation of Section 571.015. The State amended Count ...
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ORDER Marcell Smith appeals his convictions by a St. Louis County jury of one count of first-degree robbery, one count of second-degree assault, and two counts of armed criminal action arising out of the robbery and shooting of Roosevelt Phillips, Jr. (“Victim”). Smith raises two points on appeal: 1) that the trial court abused its discretion in sustaining the State’s objection to Smith calling Vi...
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ORDER Eric D. Clemmons appeals from the “Order” denying his motion alleging abandonment by post-conviction counsel in 1988 when post-conviction counsel filed an unverified amended motion. We affirm. We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed...
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ORDER Leonardo Drisdel appeals from a denial of his Rule 29.15 motion for post-conviction relief. We affirm. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b)....
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ORDER Keith Anderson (“Defendant”) appeals from judgment upon his conviction after a jury trial on four counts of child molestation in the first degree (in violation of Section 566.0671) and one count of attempted victim tampering (in violation of Section 575.270). The trial court sentenced Defendant to a total of eight years’ imprisonment. We affirm. We have reviewed the briefs of the parties, th...
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ORDER Sylvester Noble (“Appellant”) appeals from the trial court’s judgment convicting him of two counts of statutory sodomy in the first degree, in violation of Section 566.062 (RSMo. 2000), and one count of child molestation in the first degree, in violation of Section 566.067. Appellant was sentenced to 16 years for each count of statutory sodomy and 15 years for child molestation, with the sen...
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In the Missouri Court of Appeals Eastern District DIVISION THREE THOMAS R. WILSON, APPOINTED ) No. ED103619 TRUSTEE OF CHAPTER 7 ESTATE OF ) JAMES E. JOHNSON, ) ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-4 Filed: 7 February 2017 Onslow County, No. 051604 STATE OF NORTH CAROLINA, v. DEREK JACK CHOLON, Defendant. Appeal by Defendant from judgment entered 9 July 2015 by Judge Jack W. Jenkins in Onslow County Superior Court. Heard in the...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA15-1313 Filed: 7 February 2017 Cumberland County, No. 13 CVS 8726 GEORGE BURNS, MACK McCANN and CHARLES BARTLETT, Trustees of Park's Chapel Free Will Baptist Church, Plaintiff(s), v. KINGDOM IMPACT GLOBAL MINISTRIES, INC., Defendant. ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-48 Filed: 7 February 2017 New Hanover County, Nos. 13 CRS 56716-17 STATE OF NORTH CAROLINA v. ANTWARN LEE ROGERS Appeal by defendant from judgment entered 13 August 2015 by Judge W. Allen Cobb, Jr., in New Hanover County Superior Co...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-161 Filed: 7 February 2017 Randolph County, No. 15 CVS 1733 T AND A AMUSEMENTS, LLC; and CRAZIE OVERSTOCK PROMOTIONS, LLC, Plaintiffs, v. PATRICK McCRORY, in his official capacity as Governor of the State of North Carolina; FRANK L. PERRY, in his off...
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Wilmington Trust Company ("Defendant") appeals from the trial court's order denying in part its motion to dismiss the amended complaint filed by Irwin Kennedy Dawkins and Beverly J. Dawkins ("Plaintiffs"). Defendant argues that its motion should have been granted in its entirety and all of Plaintiffs' claims dismissed. For the following reasons, we dismiss Defendant's appeal. Factual and Procedura...
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Joseph N. Bizzarro and Lorraine Bizzarro (together "petitioners") appeal from the trial court's order dismissing with prejudice their appeal in the nature of certiorari from the Ashe County Planning Board's (the "Board") decision to approve Horvath Communications, Inc.'s ("Horvath") application to construct a telecommunications tower. For the following reasons, we affirm. I. Background On 24 Augus...
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Dennis Cole ("Defendant") appeals an order denying his motion for relief from a Domestic Violence Protective Order ("DVPO"). Defendant argues the DVPO was void ab initio and, as a result, the trial court erroneously denied his motion for relief from the judgment. We agree and therefore vacate the order. I. Background Defendant and Paula Edwards ("Plaintiff") were in a relationship for approximatel...
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Antuaun Thompson ("Defendant") appeals from his conviction of discharging a weapon into an occupied moving vehicle in violation of N.C. Gen. Stat. § 14-34.1(b). We find no error. I. Factual Background The State's evidence tended to show on 21 April 2014 at approximately 7:15 p.m., Whiteville Police Officer Robert Worley received a call from a 911 dispatcher reporting shots fired on West Burkhead S...
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Johnathan Ray Weaver ("Defendant") was charged on 24 September 2012 with statutory sex offense with a thirteen, fourteen, or fifteen-year-old and taking indecent liberties with a minor. These charges concerned J.L., who was fourteen years old when the offenses were allegedly committed. This case went to trial on 29 June 2015, and the State moved to exclude bystanders, solely during the testimony o...
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Defendant Teddy Jabar Hargett appeals from convictions for multiple drug offenses involving multiple different illegal drugs. Hargett challenges the denial of his motion to suppress evidence obtained after officers approached the front door and then entered the side yard of the house he occupied without first obtaining a warrant. As explained below, we find no error. Officers first observed two in...
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Petitioner appeals the trial court's order upholding the rulings of the assistant clerk of superior court in a guardianship action. We affirm in part and dismiss in part as moot. I. Background On 15 November 2012, Ann W. Reish (petitioner) filed a petition for adjudication of incompetence and request for an interim guardian of her mother, Ann S. Wadsworth (the ward). Petitioner alleged that her yo...
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Data Consulting Group, LLC ("Data") and Nasko Dinev ("Dinev") appeal from an order of the trial court, denying its motion for attorneys' fees. For the reasons stated herein, we affirm in part and remand in part. I. Background On 12 July 2013, Data filed a complaint in Cabarrus County District Court against Weston Medsurg Center, PLLC ("Weston") d/b/a Azure Medical Spa ("Azure")-13 CVD 02099; Data ...
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Marge and Michael Iannucci appeal from the trial court's order allowing U.S. Bank to foreclose on their home. The Iannuccis do not dispute that they took out a $188,000 loan using a note and accompanying deed of trust secured by the home and that they have failed to make scheduled payments on the note and are now in default. But the Iannuccis argue that U.S. Bank cannot foreclose on the property b...
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Wesley Cesnik ("Defendant") petitions this Court for review of his convictions for one count of conspiracy to sell diazepam, and one count of possession with intent to sell or deliver diazepam. We grant Defendant's petition and affirm the judgment of the trial court. I. Facts and Background On 5 May 2015, a Wake County grand jury indicted Defendant on one count of conspiracy to sell diazepam and o...
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Terry Parker ("Plaintiff") appeals from the trial court's 31 March 2016 order granting the motion for summary judgment of Barbara Colson Myers ("Defendant"). After careful review, we dismiss for lack of appellate jurisdiction. Factual and Procedural Background Defendant's brother, Henry Colson ("Henry"), owned two pit bulls, which were kept at a residence owned by their sister, Vickie Colson ("Vic...
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Gregory Alan Adams, Jr. ("Defendant") appeals from judgment entered after a jury convicted him of attempted first degree murder and possession of a firearm by a convicted felon. We find no error. I. Factual Background On 23 August 2012, Defendant shot and severely wounded R.D. ("victim"), who was fifteen years old. Defendant and the victim were acquainted and lived across the street from each othe...
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Ayvonne Donte Brockington ("Defendant") appeals following verdicts convicting him of two counts of robbery with a dangerous weapon, two counts of assault with a deadly weapon inflicting serious injury, and one count of conspiracy to commit robbery with a dangerous weapon. On appeal, Defendant contends the trial court erred by: (1) denying his motion to dismiss the conspiracy to commit armed robber...
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James Ray Arnold ("Defendant") appeals following a guilty plea to manufacturing methamphetamine, conspiracy to manufacture methamphetamine, possession of precursor chemicals, attempted trafficking by possession, and attempted trafficking by manufacturing. On appeal, Defendant contends the trial court erred in its sentence of Defendant because the indictment only alleged a Class H felony and he was...
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Jeremy Bruns and Jenny Bruns (collectively "Plaintiffs") appeal from 8 February 2016, 10 February 2016, and 22 February 2016 orders granting Defendants' motions to dismiss and dismissing Plaintiffs' complaint. We dismiss in part and affirm in part. I. Factual and Procedural Background This case arises from a vehicular accident between Defendant Rhonda Bryant and Plaintiff Jeremy Bruns. The acciden...
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Respondent appeals from an order terminating his parental rights as to his minor child, D.A.W. ("Tina").1 We vacate the order and remand for further proceedings. I. Factual and Procedural Background Petitioner and Respondent married in Pender County, North Carolina on 11 November 2010. Petitioner bore Tina on 24 October 2011. In 2012, Petitioner and Respondent separated. Following the parties' sep...
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Respondent ("Mother") appeals from orders1 terminating her parental rights to her children, T.Y. ("Anne"), V.Y. ("Beth"), I.Y. ("Carly"), and S.Y. ("Dana").2 After careful review, we affirm. I. Background In December 2013, Lee County Department of Social Services ("DSS") filed petitions alleging that Anne, Beth, Carly, and Dana were neglected juveniles. DSS stated that over the previous twelve mon...
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Respondent, the mother of R.D. ("Ray") and M.D. ("Mac")1 , appeals from an order adjudicating Ray as an abused and neglected juvenile and Mac as a neglected juvenile. For the following reasons, we affirm. I. Factual and Procedural Background On 1 January 2016, the Henderson County Department of Social Services filed petitions alleging Ray to be an abused and neglected juvenile and Mac to be a negl...
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Respondent, the father of the juvenile H.S. ("Holly")1 , appeals from orders ceasing reunification efforts and appointing a guardian for the juvenile. After careful review, we affirm. I. Facts and Background On 13 December 2013, the Bladen County Department of Social Services ("DSS") filed a petition alleging Holly to be neglected and dependent. In the petition, DSS reported Holly's parents were i...
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Respondent appeals from an order terminating her parental rights to her minor child Corey.1 She argues that the trial court abused its discretion in its best interests analysis because the court discounted the willingness of Respondent's relatives to care for the child. The record and the trial court's findings indicate that the court carefully considered this factor. But the court ultimately foun...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-001910-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS Re: ECF No. 38 Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint. The Court will deny the motion. 1. BACKGROUND A. Factual History1 This case concerns actions taken by the State of California following Governor Edmund G. Brown, Jr.’s January 17, 2014, Proclamation of a “State of Emergency” throughout California due to severe drough...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-2480 NATHANIEL BROWN, Plaintiff-Appellant, v. MICHAEL RANDLE, et al., Defendants-Appellee...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2479 TUWAYNE BELL, Plaintiff-Appellant, v. SUPERVISOR KAY, et al., Defendants-Appellees. ...
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ORDER REGARDING PLAINTIFF’S EXPERTS TORRES AND BALDWIN In this insurance dispute pending under the Court’s diversity jurisdiction, 28 U.S.C. § 1332, Plaintiff Donald O’Sullivan (Plaintiff, or “O’Sullivan”) brings claims for breach of contract, for breach of the duty of good faith and fair dealing, for unreasonable delay or denial of insurance benefits in violation of Colorado Revised Statutes §§ ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE GR.J. (MOTHER) INDIANA DEPARTMENT OF Roberta L. Renbarger CHILD SERVICES Renbarger Law Firm Curtis T. Hill, Jr. Fort Wayne, Indiana Attorney Genera...
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ORDER Erik Burle, acting pro se, appeals the judgment denying his “Motion to Reopen Post-Conviction Proceedings and Request for Evidentiary Hearing.” We find no error has occurred. No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the motion court is affirmed under Rule 84...
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ORDER Lamarr Harris (“Harris”) appeals from the denial of his amended Rule 29.15 motion for post-conviction relief without an evidentiary hearing. On appeal, Harris argues that the motion court clearly erred in denying his claim for ineffective assistance of counsel because his defense counsel at trial operated under an actual conflict of interest. Because this Court, on direct appeal, rejected Ha...
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*880ORDER Following a bench trial, Bryan Giles now appeals his conviction of statutory rape in the second degree, a class C felony, in violation of Section 566.034, RSMo Cum. Sup. 2014. We affirm. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for them information only, setting forth the reasons for this order pursuant to Rule 30.25(b)....
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In the Missouri Court of Appeals Eastern District DIVISION TWO MATTHEW WALTER PITT and ) KIMBERLY JEAN YANCEY-PITT, ) ED103723 ) Plaintiffs/Garnishors/Respondents, ) ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA15-1034 Filed: 7 February 2017 North Carolina Industrial Commission, I.C. No. 845311 CHRISTOPHER S. REED, Employee, Plaintiff, v. CAROLINA HOLDINGS, WOLSELEY MANAGEMENT, Employer, ACE USA/ESIS, Carrier, Defendants. Appeal by Defendants from an Op...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-234 Filed: 7 February 2017 Stanly County, No. 14 CVS 1147 DONALD WAYNE PERRY SR. and wife PATSY K. PERRY, Plaintiffs, v. BANK OF AMERICA, N.A., Defendant. Appeal by plaintiffs from order entered 29 December 2015 by Judge Kevin M. Bridge...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-336 Filed: 7 February 2017 Mecklenburg County, Nos. 14 CRS 242804-08 STATE OF NORTH CAROLINA v. JAMES PAUL BRODY Appeal by defendant from judgment entered 1 October 2015 by Judge Carla N. Archie in Mecklenburg County Superior Court. Heard in ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA 16-449 Filed: 7 February 2017 Randolph County, No. 13CRS055016 STATE OF NORTH CAROLINA v. TARA MAY FRAZIER, Defendant. Appeal by Defendant from judgment entered 8 October 2015 by Judge Michael D. Duncan in Randolph County Superior Court. Heard ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-677 Filed: 7 February 2017 Iredell County, No. 11 CRS 058387 STATE OF NORTH CAROLINA v. RACHEL SHERI WILSON-ANGELES Appeal by Defendant from judgment entered 9 October 2014 by Judge Tanya T. Wallace in Superior Court, Iredell County. Heard in ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-838 Filed: 7 February 2017 Mecklenburg County, No. 14 JB 851 IN THE MATTER OF: D.E.P. Appeal by juvenile from order entered 25 April 2016 by Judge David H. Strickland in Mecklenburg County District Court. Heard in the Court of Appeals 11 ...
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Douglas Cramer ("Plaintiff") appeals from the trial court's 10 November 2014 equitable distribution order and its 5 October 2015 order denying his motion to set aside the equitable distribution order. After careful review, we dismiss Plaintiff's appeal. Factual and Procedural Background Plaintiff and Natalie F. Perry ("Defendant") were married on 27 January 1996 and separated on 12 July 2007. On 1...
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Douglas Ray Symmes, Jr. ("defendant") appeals from judgments entered upon his convictions of assault with a deadly weapon with intent to kill and inflicting serious injury and attempted murder. On appeal, defendant argues that the trial court erred by denying his motion to dismiss the attempted murder charge. Based on the reasons stated herein, we hold no error. I. Background On 9 February 2015, d...
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Respondent-Appellant Mother ("Mother") and Respondent-Appellant Father ("Father") (collectively the "Parents") appeal from an order, which was later amended, which terminated their parental rights to "John," "Jem," and "Joe" (collectively "Juveniles").1 For the following reasons, we affirm. I. Background Robeson County Department of Social Services ("DSS") first became involved with Juveniles afte...
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Mother appeals from an order adjudicating her child P.M. ("Paige")1 as a neglected and dependent juvenile and conditioning visitation with Paige on Mother first submitting three clean drug tests.2 For the reasons set forth below, we affirm the trial court's order. I. Background In September 2015, Mother gave birth to Paige, her fourth child. Mother tested positive for cocaine at the time of birth....
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Opinion issued February 7, 2017 In The Court of Appeals For The First District of Texas –––––––––––– NO. 01-15-01010-CV ––––––––––– MACARINA GARCIA AND JUAN FIGUEROA, App...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 13 OCTOBER TERM, A.D. 2016 February 7, 2017 RB, JR., an infant, by and through his next friends, ROBBY & CORRINA BROWN, Appellants (Plaintiffs), v. ...
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OPINION and ORDER Plaintiff Native Ecosystems Council (“Native Ecosystems”) seeks injunctive and declaratory relief against Defendants LeAnne Martin, Regional Forester of Region One of the United States Forest Service, Mary Erickson, Supervisor of the Custer National Forest, and the United States Forest Service (collectively “the Forest Service”) on the grounds the Forest Service failed to comply...
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OPINION ¶ 1 In this negligence action, Maricruz Zu-luaga appeals from the trial court’s judgment in favor of Bashas’, Inc. and the denial of her motion for a new jury trial. On appeal, Zulua-ga argues the court erred by unreasonably limiting the scope of voir dire. Zuluaga also contends the court erred by giving a curative *207instruction after plaintiffs counsel referred during opening statement...
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ORDER AND OPINION Before the court is a motion for reconsideration, filed by Plaintiff, the State of South Carolina (the “State”), pursuant to Fed. R. Civ. P. 54(b), 59(e), and 60(b), asking the court to reconsider its rulings in its October 31, 2016 order directing further briefing in regard to the motion to dismiss filed by Defendants United States, the United States Department of Energy (“DOE”...
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DISMISSED....
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FILED Feb 07 2017, 10:22 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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FILED Feb 07 2017, 9:24 am CLERK Indiana Supreme Court Court of...
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In the Missouri Com‘t of Appeals Eastern District DIVISI()N FOUR lVAN MITCHELL, ) No. ED104244 ) Appellant, ) Appeal from the Circuit Court ) of the City of St. Louis vs. ) ) Honorable Mark H. Neill STATE OF MISSOURI, ) ) Respondent. ) FILED: February 7, 2017 lntroduction Ivan Mitchell ("Mitchell") appeals the motion court's denial of his amended Rule 24.035l motion Without an evidentiary he...
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In the Missouri Court of Appeals Eastern District DIVISION FOUR STATE OF MISSOURI, ) ED104090 ) Respondent, ) Appeal from the Circuit Court ) of the City of St. Louis v. ) l422-CR026}7-0] ) WILLIAM EDWARDS, ) Honorable Michael F. Stelzer ) Appellant. ) Filed: February 7, 2017 Introduction William Edwards (Defendant) appeals the judgment entered upon his convictions of two counts of assault i...
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In the Missouri Court of Appeals Eastern District DIVISION FOUR JOSHUA S. MILLER, ) ED103988 ) Appellant, ) Appeal from the Circuit Court ) of Ralls County v. ) l3RL-CV00322 ) STATE OF MISSOURI, ) Honorable Rachel B. Shepherd ) Respondent. ) Filed: February 7, 2017 Introduction Joshua S. Miller (Movant) appeals the motion court's denial of his motion for post- Conviction relief under Rule 24....
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In the Missouri Court of Appea[s Eastem District DIVISION FOUR ANDRE ADAMS, ) ED]039S3 ) Appellant, ) Appeal from the Circuit Court ) of St. Louis County v. ) 1222-€€10323 ) STATE OF MISSOURI, ) Honorable Edward W. Sweeney ) Respondent. ) Filed: February 7, 2017 Introduction Andre Adarns (Movant) appeals the judgment of the motion court denying his motion for post-conviction relief under Rule...
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02/07/2017 DA 16-0438 Case Number: DA 16-0438 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT...
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02/07/2017 DA 16-0186 Case Number: DA 16-0186 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 20 HILL COU...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-302 Filed: 7 February 2017 Johnston County, No. 11 CRS 54463 STATE OF NORTH CAROLINA v. GLENWOOD EARL DOWNEY Appeal by defendant from order entered 16 September 2015 by Judge Thomas H. Lock and judgment entered 1 October 2015 by Judge Reuben ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-396 Filed: 7 February 2017 Brunswick County, No. 15 CVS 112 JACKSON/HILL AVIATION, INC., Plaintiff, v. TOWN OF OCEAN ISLE BEACH; DEBBIE S. SMITH, MAYOR; DAISY IVEY, TOWN ADMINISTRATOR; LARRY SELLERS, ASSISTANT TOWN ADMINISTRATOR; D.B. GRANT...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-426 Filed: 7 February 2017 Jones County, Nos. 12 CRS 50869-72, 78-79 STATE OF NORTH CAROLINA, v. DEBORAH LYNN GLISSON, Defendant. Appeal by Defendant from judgment entered 12 September 2014 by Judge Kenneth F. Crow in Jones County Superior Co...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-593 Filed: 7 February 2017 North Carolina Industrial Commission, I.C. Nos. 14-726251 & 14-773225 MARTHA HOLMES, Employee, Plaintiff v. ASSOCIATED PIPE LINE CONTRACTORS, INC., Employer, OLD REPUBLIC CONSTRUCTION PROGRAM GROUP, INC., Carrier (GALLAGHER ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-655 Filed: 7 February 2017 Macon County, No. 13 SP 130 IN THE MATTER OF THE FORECLOSURE OF REAL PROPERTY UNDER A DEED OF TRUST EXECUTED BY ROBERT C. COLLINS AND RHONDA B. COLLINS DATED JUNE 20, 2006 AND RECORDED ON JUNE 23, 2006 IN BOOK K-30 AT PAGE 975 IN THE MACO...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-635 Filed: 7 February 2017 Wilkes County, No. 14 CRS 050858 STATE OF NORTH CAROLINA v. JEFFREY ROBERT PARISI Appeal by the State from order entered 6 April 2016 by Judge Michael D. Duncan in Wilkes County Superior Court. Heard in the ...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA15-1254-2 Filed: 7 February 2017 Wake County, No. 15 CVD 2244 TROPIC LEISURE CORP., MAGEN POINT, INC. d/b/a MAGENS POINT RESORT, Plaintiffs, v. JERRY A. HAILEY, Defendant. Appeal by defendant from order entered 10 September 2015 by Judge Debra S...
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This case involves a civil action for flooding on real property which was subject to rainfall events, a designated wetlands area, water flow patterns through open channels and corrugated metal pipes, sedimentation deposits, and runoff from various sources, and which had been previously flooded before construction activity on an adjacent property began. Given these complex circumstances, we hold th...
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When the trial court responds to questions from the jury with a supplemental instruction suggested by defense counsel, and defense counsel voices no objection to the instruction, the defendant waives any objection and has no recourse on appeal. Antwon Terrell Rogers ("Defendant") appeals his conviction and sentencing for felony possession of a firearm following a jury trial. Defendant argues that ...
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G.S.C. Holdings, LLC ("GSC"), Crazie Overstock Promotions, LLC ("Crazie Overstock"), and T and A Amusements, LLC ("T&A") (collectively "Plaintiffs") appeal from the trial court's order dismissing their amended complaint under Rules 12(b)(1), (2), and (6) of the North Carolina Rules of Civil Procedure. After careful review, we reverse the trial court's order and remand for further proceedings. Fact...
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Shirley Teresa Crowder ("Defendant") appeals from her convictions for obtaining property by false pretenses, possession of a stolen motor vehicle, and attaining the status of an habitual felon. On appeal, she contends that (1) the indictment against her for obtaining property by false pretenses was fatally defective; (2) the trial court erred by not arresting judgment on her conviction for possess...
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Plaintiffs, a class consisting of state troopers who were employed by the State of North Carolina between 1 July 2009 and 30 June 2014, appeal from the trial court's order dismissing various claims asserted by them in connection with their contention that the North Carolina General Assembly improperly suspended certain future salary increases that had been promised to them. After careful review, w...
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OSCN Found Document:STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SHAHAN OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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CERTIFICATION OF EXTRADITION Defendant Selim Struga, a native of Albania, is a naturalized American citizen. In 2001, he was tried in absentia in Albania for the 1989 murder of Gezim Celmeta. His conviction was reversed by the Albanian Court of Appeals, but reinstated by the Court of Cassation (Supreme Court). Albania seeks Mr. Struga’s extradition. To that end, the government has filed a Request ...
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OPINION1 At the suppression hearing, the trooper was asked: “So you’re telling the Court that because you see a van, it’s clean and it’s got two people in it, that [sic] was *918indicators of potential criminal activity for you?” The trooper answered: “Yes, sir, they are. They — in and of themselves are nothing, but in the total — when you start adding them all together, they can be.” When two peo...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 7 IN THE SUPREME COURT OF THE STATE OF UTAH STACEY AUSTIN JOHNSON, Appellant, v. ...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 6 IN THE SUPREME COURT OF THE STATE OF UTAH JAMES J. KELLY, Petitioner, v. ...
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ORDER RE: MOTION FOR SUMMARY JUDGMENT INTRODUCTION Pending before the Court is Defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) Motion for Summary Judgment. Mot., Dkt. No. 126. Plaintiff Laurence Faulks (“Plaintiff’) filed an Opposition (Dkt. No. 129) and Wells Fargo filed a Reply (Dkt. No. 134). The Court previously vacated the hearing on the Motion. Dkt. No. 135. Having considered the parties...
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ORDER Bobby D. Ridenour (Movant) appeals from the motion court’s Findings of Fact, Conclusions of Law, and Order denying Movant’s Rule 29.15 claims for post-conviction relief without an evidentiary hearing. We affirm. We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion re...
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FILED United States Court of Appeals Tenth Circuit February 7, 2017 PUBLISH Elisabeth A....
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This case lies at the intersection of immigration law and legal measures to prevent domestic violence. Even if a state court does not impose severe punishment for an alien’s violation of a domestic protective order, the immigration consequences may be severe, as in this case. Petitioner Martin Garcia-Hernandez, a citizen of Mexico, sought cancellation of removal, arguing that his removal would cau...
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In the United States Court of Federal Claims No. 16-710 C Filed: February 7, 2017 **************************************** * 28 U.S.C. § 1491(b) (Bid SYSTEM DYNAMICS * Protest Jurisdiction); INTERNATIONAL, INC., ...
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delivered the Opinion of the Court. ¶1 Robert Domonoske (Robert) appeals from the order of the Montana Fifteenth Judicial District Court, Sheridan County, appointing his brother, Lloyd Domonoske (Lloyd), as guardian for their mother, M.D., an incapacitated person. We affirm. ¶2 We restate the issue on appeal as follows: Did the District Court err in appointing Lloyd, rather than Robert, as full gu...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-484 Filed: 7 February 2017 Scotland County, No. 14 CRS 050962 STATE OF NORTH CAROLINA v. JAMES MCLEAN Appeal by defendant from judgments entered 15 October 2015 by Judge James M. Webb in Scotland County Superior Court. Heard in the Co...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-776 Filed: 7 February 2017 Wake County, No. 15 CVS 1191 FRANCISCO FAGUNDES and DESIREE FAGUNDES, Plaintiffs, v. AMMONS DEVELOPMENT GROUP, INC.; EAST COAST DRILLING & BLASTING, INC.; SCOTT CARLE; and JUAN ALBINO, Defendant...
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ORDER This matter is before the Court on the defendants’ motion to compel arbitration and stay judicial proceedings. (Doc. 22). The plaintiff has filed a response and the defendants a reply, (Docs. 24, 26), and the motion is ripe for resolution. After careful consideration, the Court concludes the motion is due to be granted. BACKGROUND According to the amended complaint, (Doc. 8), the entity pla...
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ORDER DENYING MOTION FOR CLASS CERTIFICATION HomeTeam Pest Defense developed a pest control system that involves building homes with tube systems in the walls. The benefit of the tube system is that pesticides can be sprayed into the tubes from a port on the outside of the house. After being sprayed into the port, the pesticides exit the tubes through various perforations, killing pests inside th...
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MEMORANDUM I. INTRODUCTION This is an immigration case arising out of a series of adverse decisions by the United States Citizenship and Immigration Services (“USCIS” or “Agency”). Plaintiff, Osama Elfeky, challenges four decisions by USCIS related to Elfeky’s alleged fraudulent marriage as arbitrary and capricious under the Administrative Procedure Act. Those challenged decisions are *699(1) the...
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*1211ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM AND ORDER I. Introduction Pending before the Court are the Defendant’s Motion To Suppress Evidence And Statements (Doc. Nos. 19, 42) and the Government’s Response (Doc. Nos. 27, 41) in opposition. The Court held a hearing on the Motion on January 19, 2017. For the reasons set forth herein, the Motion is DENIED. II. Factual and Procedural Background Through the pending Motion, the Defend...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Texas denied....
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MEMORANDUM OPINION AND ORDER Jacquelyn McKay is a former employee of Vitas Healthcare Corporation of Illinois. McKay has filed suit against Vitas, alleging discrimination, retaliation, and the creation of a hostile work environment in violation of both the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act (IHRA). McKay has also alleged age discrimination in violation of the ...
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[2The defendant, Cardale Green, was charged by grand jury indictment with second degree murder of Derrick Casey, a violation of Louisiana Revised Statutes 14:30.1 (count one) and attempted second degree murder of Kenneth Cobbs, a violation of Louisiana Revised Statutes 14:30.1 and 14:27 (count two).1 He entered a plea of not guilty and, following a jury trial, was found guilty as charged on both c...
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*1212ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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Respondent appeals from orders adjudicating his minor children Sammy and Jack to be abused and neglected juveniles.1 Respondent argues that the Robeson County Department of Social Services failed to check the appropriate boxes on the preprinted petition forms and thus Respondent was not given appropriate notice of the grounds on which the trial court relied in its adjudication of abuse. As explain...
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*1213ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 7th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2016-CP-00142-COA ROBERT J. DEVER A/K/A ROBERT JORDAN APPELLANT DEVER A/K/A ROBERT DEVER A/K/A ROBERT DENVER v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 01/08/2016 TRIAL J...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2016-CP-00167-COA ALLEN GOUL A/K/A ALLEN ROBERT GOUL APPELLANT v. MISSISSIPPI DEPARTMENT OF APPELLEE CORRECTIONS DATE OF JUDGMENT: 03/04/2016 TRIAL JUDGE: HON. RO...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01607-COA GEORGE LEE PARKS A/K/A GEORGE LEE APPELLANT PARKS, III A/K/A GEORGE L. PARKS, III A/K/A GEORGE PARKS, III v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 10/01/2015 TRIAL JUDGE: HON. CHRISTOPHER LOUIS SCHMIDT COURT F...
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CONCURRING IN' PART AND DISSENTING IN PART: ¶ 22.1 concur in part and dissent in part because I would affirm both of Stewart’s convictions and the judgment of the trial court. I concur with the majority in affirming Stewart’s conviction in Count'I of his indictment for the charge of sexual battery. I however dissent from the decision of the majority to reverse Stewart’s conviction for molestation ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01173-COA THE PENNINGTON GROUP, LLC, JOE APPELLANTS PENNINGTON, HELEN PENNINGTON, AND PENNIBUNKPORT INVESTMENTS, LLC v. PRIORITYONE BANK APPELLEE DATE OF JUDGMENT: ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01252-COA KENNETH MOORE AND CAROLYN MOORE APPELLANTS v. ROY D. MCDONALD, DONNA R. MCDONALD APPELLEES AND RUTH BELTON DATE OF JUDGMENT: 07/20/2015 TRIAL JUDGE: HON. D...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA   FRIENDS OF ANIMALS, Plaintiff, v. Case No. 17-cv-00136 (CRC) THE UNITED STATES BUREAU OF LAND MANAGEMENT, Defendant.   MEMORANDU...
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Fourth Court of Appeals San Antonio, Texas OPINION No. 04-16-00641-CV IN THE ESTATE OF Jack C. GILBERT Jr., Deceased From the County Court at Law, Kendall County, Texas ...
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ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT Plaintiff, a union plumber, participants in the Local 17 pension plan in Memphis, Tennessee. In 2012 and 2013, he worked in the Bay Area for an employer who was a signatory to a collective bargaining agreement with Local 38. Pursuant to that agreement, his employer made pension plan contributions to the Local 38 pension plan. Local 38 subsequently tran...
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MEMORANDUM AND ORDER Appellant James B, Nutter & Company (“Nutter”) appeals a final judgment of the Bankruptcy Court denying its motion for summary judgment and entering summary judgment in favor of Appellee Mark G. DeGiacomo, the trustee for the bankruptcy estate of Fanni Reznikov. For the reasons set forth below, the Court affirms the judgment of the bankruptcy court. I. BACKGROUND Fanni Reznik...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN C. PRATHER, on behalf of No. 13-17489 himself and the United States of America, and the several states of D.C. No. California, Delaware, Florida, 3:09-cv-02457- Illinois, Indiana, Massachusetts, CRB Nevada, New Hampshire, New Jersey, New Mexico, N...
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Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 29, 2015, convicting her of grand larceny in the third degree, upon her plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appellant. *875 Ordered...
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ORDER ADOPTING REPORT AND RECOMMENDATION Magistrate Judge Camille Velez Rivé’s Report and Recommendation on Defendant Christian La Luz Jimenez’s Motion to Suppress (Docket No. 352) is hereby ADOPTED in its entirety. The undersigned has reviewed the Government’s objection (Docket No. 355) and Defendant La Luz’s opposition thereto. (Docket No. 361), as well as the transcript of the hearing, (Docket...
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OPINION & ORDER Plaintiff pro se Midori Hosokawa brings this action against defendants Screen Actors Guild-American Federation of Television and Radio Artists and its New York Local (collectively, “SAG-AFTRA” or the “Union”), alleging breaches of SAF-AF-TRA’s duty of fair representation and a breach of its constitution. SAG-AFTRA moves to dismiss the First Amended Complaint (“Compl.”). SAG-AFTRA’...
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OPINION AND ORDER Before the Court are Plaintiffs’ Motion for Summary Judgment, (Doc. 18), and Defendant’s Cross-Motion for Summary Judgment, (Doc. 20). Plaintiffs P.C. and K.C. (“PC” and “KC,” or the “parents”) bring this action on behalf of their child, A.C. (“AC”), pursuant to the Individuals with Disabilities Education Improvement Act (“IDEIA”), 20 U.S.C. §§ 1401 et seq.;1 Article 89 of the N...
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Case: 16-20217 Document: 00513865376 Page: 1 Date Filed: 02/07/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-...
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Fourth Court of Appeals San Antonio, Texas OPINION No. 04-16-00267-CV Rolando HERNANDEZ, Appellant v. ...
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MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff Westfield Insurance Company’s (“West-field”) Motion for Summary Judgment (ECF No. 33) and Richard and Sandra Davis’s (“Davis Defendants”) Motion to Dismiss (ECF No. 13).1 For the reasons *920stated herein, the Court GRANTS the Motion for Summary Judgment and DENIES the Motion to Dismiss. I. BACKGROUND Westfield brings this Decla...
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DECISION AND ORDER INTRODUCTION Plaintiff William A. Murray brought this action under 42 U.S.C. § 1983 against the State of New York, the New York State Department of Correctional Services (“DOCS”), and a number of individual defendants, most of whom are or were employed by DOCS at the time of the relevant events, alleging, that the defendants violated his constitutional rights to free speech and...
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ORDER DENYING PLAINTIFF’S MOTION TO REMAND (Doc. ID This civil case is before the Court on Plaintiff Lyndsey Middendorfs motion to remand (Doc. 11) and the parties’ responsive memoranda (Docs. 13,14). I. BACKGROUND This case is one of several hundred cases filed in the last few years relating to allegations that Dr. Abubakar Atiq Durra-ni, an orthopedic surgeon formerly operating in the Cincinnat...
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Plaintiffs allege that the defendants-ap-pellees (collectively “Takeda”) prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration. Plaintiffs claim that these false patent descriptions channeled Takeda’s competitors into a' generic drug approval process that *93granted the first-filing applic...
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Appellant A. Clay Cox, the bankruptcy trustee for Central Illinois Energy Cooperative, asks this court to dismiss his appeal and remand in light of the bankruptcy court’s statement that it would approve a settlement between the parties. After mediation the parties agreed to settle this case, but the settlement is contingent on approval by the bankruptcy court. The parties filed a joint motion in t...
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OPINION AND ORDER REVERSING THE DENIAL OF DISABILITY BENEFITS Plaintiff Mary Beth Tobin challenges, under the Employee Retirement Income Security Act (ERISA), the denial of her application for long-term disability benefits. As provided by the Case Management Order (ECF No. 7; ECF No. 10), Tobin first filed her brief (ECF No. 13), Defendant Hartford Life then filed its response (ECF No. 15), and T...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1440 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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Rhadiante Van de Voorde appeals the district court’s1 order approving a class action settlement that requires one subgroup of class members to submit proofs of claim before receiving payment. Because Van de Voorde is not a member of this subgroup and suffers no injury from this requirement, we dismiss the appeal for lack of standing. I. In 2008, plaintiffs filed this class action against Wells Far...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JUST FILM, INC.; RAINBOW No. 14-16132 BUSINESS SERVICES, DBA PRECISION TUNE AUTO CARE; D.C. No. VOLKER VON GLASENAPP; JERRY 4:10-cv-01993-CW SU; DIETZ TOWING INC.; THE ROSE DRESS INC.; VERENA BAUMGARTNER; TERRY JORDAN; LEWIS BAE; ERIN CAMPBELL, Plaint...
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dissenting: I dissent. I would hold that there is a due process right to counsel during expedited removal proceedings.1 I. Expedited Removal Expedited removal — the process in which a noncitizen is removed from the country without a formal removal proceeding — was established in 1996 as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).2 The expedited removal process...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10121 Plaintiff-Appellant, D.C. No. v. 2:15-cr-00106- JAD-CWH-1 LARRY LOUCIOUS, Defendant-Appellee....
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Court Below: Superior Court of the State of Delaware, C.A. No. 13C-11-188 AFFIRMED....
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STATE OF MINNESOTA IN SUPREME COURT A16-0498 Stearns County Hudson, J. Kevin Terrance Hannon, Appellant, vs. Filed: February 8, 2017 ...
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STATE OF MINNESOTA IN SUPREME COURT A16-0629 Workers' Compensation Court of Appeals Lillehaug, J. Ellen Gianotti, Respondent, vs. Filed: February 8, 2017 ...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Antonio Romeo, : Petitioner : : v. : No. 498 C.D. 2016 : Submitted: September 23, 2016 Pennsylvania Public Utility ...
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*432OPINION BY JUDGE Presently before the Court for disposition is the petition for review of the Pennsylvania Department of Human Services (DHS), challenging a June 1, 2015 final determination (Final Determination) of the Pennsylvania Office of Open Records (OOR) under the Right-to-Know Law (RTKL).1 In the Final Determination, the OOR granted the appeal of Respondent Pennsylvanians for Union Refo...
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In this foreclosure action, D. Conor Keys and Karen Keys (the Keys) allege the Master-in-Equity erred by vacating a foreclosure sale, denying their motion to stay the order vacating the sale, and denying their motion to strike affidavits presented to the master. We affirm. FACTS On July 22, 2013, Belle Hall Plantation Homeowners Association (Belle Hall) filed a complaint for foreclosure of its lie...
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Opinion i INTRODUCTION A jury convicted Jose Villareal Martinez of continuous sexual abuse of a child under the age of 14 (Pen. Code,1 § 288.5, subd. (a); count l).2 The court sentenced him to 12 years in prison. The court separately ordered him to pay the victim $150,000 in restitution for noneconomic damages (noneconomic restitution). Martinez appeals, contending we must reverse his conviction ...
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Filed 2/8/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT JAVIER MEDINA, F072548 Plaintiff and Appellant, (Super. Ct. No. S-1500-CV-2...
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Filed 2/8/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT BERNICE JACOBS, H042292 (Santa Clara County Plaintiff and Appellant, Super. Ct. No. CV179082) ...
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OPINION AND ORDER This matter is before the Court on Plaintiff CrossFit, Inc.’s (“CrossFit”) Motion for Default Judgment [15]. I. BACKGROUND A. Facts CrossFit is a Delaware corporation principally engaged in the business of fitness training and consultancy. (Compl. [1] ¶ 6). CrossFit owns several registered United States trademarks and service marks for the term “CROSSFIT.” (Id.; U.S. Trademark a...
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Affirmed Concurs Concurs...
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Feb 08 2017, 8:47 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court ...
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Reversed and Remanded Concurs Concurs...
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Affirmed Concurs Concurs...
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Reversed Concurs Concurs...
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Reversed and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Appeal Dismissed...
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Affirmed...
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Affirmed on Appeal and Cross-Appeal...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed on Appeal; Modified in part on Cross-Appeal...
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| plaintiffs appeal the granting of summary judgment in favor of Defendants, *931dismissing the claims of all Plaintiffs except Miranda Melerine and her parents, Mr. and Mrs. Melerine. For the following reasons, we reverse. On April 10, 2008, twenty-two plaintiffs and their parents filed suit against the Jefferson Parish School Board, Judy Gardner and Germain Gilson claiming they were arbitrarily ...
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It Caroline Koerner appeals that portion of the district court’s judgment that assessed the costs of the proceedings against her in connection with the dismissal of her Petition for Protection from Abuse. For the reasons that follow, we amend the district court’s judgment to vacate that portion of the judgment that assessed costs against Ms, Koerner. FACTS AND PROCEDURAL HISTORY Ms. Koerner filed ...
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liOn appeal, plaintiffs challenge the trial court’s ruling granting defendant’s motion for summary judgment. For the following reasons, we affirm. Facts and Procedural History On March 13, 2013, during the course and scope of his employment with River Parish Maintenance at Motiva Enterprises, LLC’s manufacturing complex, Michael J. Louque, Sr. was killed when heavy equipment being loaded onto a fl...
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| j Plaintiffs, Jonathan and Brandi Vince, appeal a June 26, 2014 judgment in favor of defendants, Dale Koontz and State Farm Automobile Insurance Company, dismissing the Vinces’ personal injury claims arising out of an automobile accident. For the reasons that follow, we affirm this judgment of the district court. PROCEDURAL HISTORY On November 11, 2012, Mr. Vince was driving a pickup truck when ...
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| j Appellants, Advanced Sleep Center, Inc. and Advanced Neurodiagnostic Center, Inc., have appealed the trial court judgment in favor of defendant, Certain Underwriters at Lloyd’s London.1 For the reasons that follow, we affirm the judgment of the trial court. FACTS AND PROCEDURAL HISTORY Defendant issued a policy of insurance to insure plaintiffs’ property, (hereinafter referred to as “the subje...
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| tin this child custody proceeding, the father appeals the trial court’s judgment granting the mother’s Rule to Modify Child Custody and awarding the parties joint custody, with the mother named as the domiciliary parent. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY The parties, Kelly Boesch (“Kelly”) and Deborah Boesch Corb (“Deborah”), were married on February 26, 2000. Du...
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11 Defendant-Appellant, Alan Yedor Roofing and Construction, appeals a default judgment rendered against it on May 15, 2003. For the reasons set forth more fully below, we vacate the default judgment and remand this matter to the trial court for further proceedings. FACTS AND PROCEDURAL HISTORY This matter has a long and convoluted procedural history. On July 25, 2002, plaintiff-appellee, Dr. Natc...
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h Plaintiff, Thomas C. Cerullo, appeals the trial court’s judgment granting exceptions of peremption and prescription filed by defendants, Aan P. Heisser, Ralph W. Savoie, Guardian Life Insurance Company of America (“Guardian”) and Savoie Financial Group, L.L.C. For the reasons stated more fully below, we affirm the trial court’s judgment. FACTS AND PROCEDURAL HISTORY Mr. Cerullo earned a large fe...
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11 Plaintiff, Tami Luft, appeals the 24th Judicial District Court’s April 11, 2016 judgment granting summary judgment in favor of defendant, Winn-Dixie Montgomery, LLC (“Winn-Dixie”), and dismissing with prejudice' Ms. Luft’s slip- and-fall claim against Winn-Dixie. For the reasons that'follow, we affirm this judgment of the district court.' FACTS AND PROCEDURAL HISTORY On April 20, 2016, Ms. ,Luf...
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| -(Plaintiff appeals the trial court’s sustaining of Defendants’ exception of no cause of action. For the following reasons, *1239we dismiss the appeal for lack of jurisdiction. On March 2, 2016, Plaintiff, B.G. Mart, Inc. (“B.G.”), filed a petition for damages against Jacobsen Specialty Services, Inc. and its owner, George Jacobsen, Jr., for breach of contract. B.G. alleged that it contracted wi...
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02/08/2017 DA 14-0521 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 14-0521 2017 MT 25 STATE OF MONTANA, Plaintiff and Appellee, ...
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OPINION BY L.D. (“Mother”) and C.B.D. (“Grandfather”) appeal pro se from the trial court’s August 19, 2015 order that denied Grandfather’s request for partial custody and Mother’s request for weekly telephone calls with her now twelve-year-old biological daughter, M.G.D.1 After careful review, we reverse and remand. Mother and Appellee, M.G., are former lovers who adopted one another’s biological ...
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Fourth Court of Appeals San Antonio, Texas OPINION No. 04-15-00644-CV Brett RADCLIFFE, Robert Radcliffe, and Mamba Minerals, LLC, Appellants ...
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MEMORANDUM I. Introduction Before this court is Defendants’ motion to dismiss (Doc. 8) Plaintiff Eric Zedonis’s complaint (Doc. 1), which asserts an as-applied challenge to the constitutionality of 18 U.S.C. § 922(g)(1) under the Second Amendment to the United States Constitution. Plaintiff alleges that, due to a prior conviction in Pennsylvania for driving under the influence (DUI), § 922(g)...
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ORDER Before the Court is a motion for summary judgment filed by Defendant William D. Johnson, President and Chief Executive Officer of the Tennessee Valley Authority (“TVA”).1 (Doc. 25.) For the reasons stated herein, TVA’s motion will be GRANTED IN PART and DENIED IN PART.2 I. BACKGROUND3 Plaintiff Thomas Walls is a former employee of TVA. (See Doc. 30-1, at 1.) TVA is an executive branch corpo...
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FILED Feb 08 2017, 8:42 am CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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| Plaintiffs, John E. Acker and Raquel S. Acker, appeal damage awards rendered in their favor by a jury, arguing that the jury abused its discretion in awarding them inadequate general damages and in failing to award loss of consortium damages in favor of their minor children. They also argue that the trial court erred in denying their motion for judgment notwithstanding the verdict, or in the alt...
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iJfhe district court rendered judgment in this case on the petition of the Department of Children and Family Services (“DCFS”), terminating the parental rights of the mother, A.C., and the father, M.C., to the minor child A.M.C.1 A.C. and M.C. appeal from that judgment. For the reasons that follow, we affirm. A.M.C. was born on March 16, 2014, and is the minor child of A.C. and M.C. On February 18...
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| iDefendant, Ryan Joseph Módica, pled guilty to second degree battery, in violation of La. R.S. 14:34,1. In accordance with a plea agreement, the trial judge sentenced defendant to four years with the Department of Corrections and ordered that his sentence run concurrently with any other sentence he was serving. This appeal followed.1 For the following reasons, we affirm defendant’s conviction an...
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|, Defendant, Simon Shokr, appeals his convictions for. aggravated rape, sexual battery and indecent behavior with a juvenile on the basis, there was insufficient evidence. For the reasons that follow, we affirm. Defendant was indicted by a grand jury on February 28, 2013 and charged with one count of aggravated rape of a minor under the age of 13, in violation of La. R.S. 14:421 (count one); one ...
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| defendant, Kenneth E. Hicks, III, appeals his conviction for second degree murder rendered in the 40th Judicial District Court, Division “B”. For the following reasons, we affirm Defendant’s conviction and sentence and remand the matter for correction of the Louisiana Uniform Commitment Order. FACTS AND PROCEDURAL HISTORY On April 15, 2013, the St. John the Baptist Grand Jury indicted Defendant,...
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hln this appeal, defendant, Rockey Burnham, challenges the sufficiency of the evidence used to convict him of fourth offense driving while intoxicated. For the reasons set forth herein, we affirm defendant’s conviction and sentence and remand the matter with instructions. *472PROCEDURAL BACKGROUND On June 9, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendan...
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1 ¶ Defendant appeals his conviction and sentence for possession with intent to distribute cocaine. For the following reasons, we affirm. We also grant appellate counsel’s motion to withdraw as counsel of record. PROCEDURAL HISTORY On June 2, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendant, Jacques Duncan, with possession with intent to distribute cocain...
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[ iDefendant, Joshua Luckey, appeals his convictions and sentences for two counts of sexual battery upon a known juvenile under the age of thirteen, in violation of La. R.S. 14:43.1. The district court granted defendant’s motion for appeal, and defendant’s appeal followed. Defendant has also filed a pro se supplemental brief. For the following reasons, we affirm defendant’s convictions and his sen...
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[ t Defendant appeals his convictions and sentences following a Crosby plea and multiple offender adjudication. For the reasons that follow, defendant’s convictions, and his sentence for count two, are affirmed. Defendant’s enhanced sentence for his conviction of possession with intent to distribute Acetyl Fentanyl is vacated, and we remand for resentencing consistent with this opinion. FACTS AND ...
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[, Defendant, Matthew Carroll, appeals his convictions and sentences for battery of a police officer and battery of a correctional facility employee. For the reasons that follow, we affirm both convictions and sentences, and we grant appellate counsel’s motion to withdraw as attorney of record. STATEMENT OF THE CASE On November 6, 2014, the Jefferson Parish District Attorney’s office filed a bill ...
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JjOn appeal, defendant’s appointed appellate counsel has filed an Anders brief on defendant’s behalf, asserting there is no basis for a non-frivolous appeal. For the following reasons, we affirm defendant’s conviction and sentence. Facts and Procedural History Because defendant entered a guilty plea, the underlying facts were not fully developed in the record. Nevertheless, on July 10, 2013, the S...
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| defendant, Ryan Joseph Módica, pled guilty to one count of introducing or possessing contraband into a municipal, parish prison, or jail, in violation of La. R.S. 14:402E.1 In accordance with the plea agreement, the trial court sentenced defendant to six years with the Department of Corrections and ordered that his sentence run concurrently with any other sentence he was serving.2 After the deni...
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11 Defendant, Sean A. Byers, appeals his conviction and sentence for pornography involving juveniles under the age of thirteen. For the reasons that follow, we affirm defendant’s conviction and sentence and grant appellate counsel’s motion to withdraw as counsel of record for defendant. PROCEDURAL HISTORY AND FACTS On September 29, 2015, the Jefferson Parish District Attorney filed a bill of ⅛ for...
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02/08/2017 DA 15-0214 Case Number: DA 15-0214 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 24 ...
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Order Denying the Plaintiffs Motion for a New Trial The Plaintiff, a sushi chef, sued the Defendants under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. sections 201-16, for unpaid overtime. A two-day trial was held beginning on August 23, 2016. On August 24, 2016, the jury returned a verdict in favor of the Defendants. The Plaintiff has moved for a new trial. (ECF No. 117.) The Court denies t...
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ENTRY AND ORDER DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS, DOC. 33, AND AMENDED MOTION TO SUPPRESS. DOC. 53. DEFENDANT’S REQUEST THAT THE COURT SUPPRESS EVIDENCE DERIVED FROM A NETWORK INVESTIGATIVE TECHNIQUE SEARCH WARRANT IS DENIED. Pending before the Court are Defendant’s Motion to Suppress, doc. 33, and Amended Motion to Suppress. Doc. 53. Therein, Defendant requests that the Court suppr...
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NO. 12-16-00181-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ALBERTSON'S HOLDINGS, LLC, § APPEAL FROM THE ALBERTSON'S, LLC, AND NEW ALBERTSON'S, INC., APPELLANTS ...
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NO. 12-15-00201-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS OLIVER LANE CHAMBERS, § APPEAL FROM THE 273RD DONNA KAY CHAMBERS-JONES, RHONDA THOMPSON, CLINTON L. CHAMBERS AND WIFE, BRANDI N. CHAMBERS, ...
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NO. 12-15-00170-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS LINDA ANN PARRISH RICHARDSON § APPEAL FROM THE 145TH AND GARY BRUCE RICHARDSON, CO- TRUSTEES OF THE M.C. PARRISH, JR. TESTAMENTARY TRUST; JUDY CLEVELAND HUPPERT; JAMES COOKE WILSON, INDIVIDUALLY, ...
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Petition for review of a decision of the Court of Appeals, No. 47069-1-II, August 16, 2016, 195 Wn. App. 449. Denied February 8, 2017....
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MEMORANDUM OPINION Toya Strand, individually and on behalf of her son JT (a minor), has sued the United States (the Government) under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et. seq., in connection with injuries her son sustained while attending a summer camp run by the United States Army at Fort Meade, Maryland. In her Complaint, Strand alleges that the Government, its camp counselo...
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Petition for review of a decision of the Court of Appeals, No. 46791-7-II, September 15, 2016. Denied February 8, 2017....
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MEMORANDUM OPINION Plaintiffs Cary Hendrick, Bryan Manning, Ryan Williams, Richard Deckerhoff, and Richard Walls bring this action seeking declaratory and injunctive relief against defendants Donald Caldwell and Michael Herring, in their official capacities, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. This cáse is presently before the court on defendants’ motion to dismiss pursua...
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OPINION AND ORDER Plaintiffs Latin American Music Company, Inc. (“LAMCO”) and Asociación de Compositores y Editores de Música Lati-noamericana de Puerto Rico, Inc. (“ACEMLA”) bring this action for copyright infringement against Defendant Spanish Broadcasting System, Inc. (“SBS”).1 Specifically, Plaintiffs allege that Defendant improperly broadcast thirteen songs owned by Plaintiffs on its Spanish...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2164 NANCY LOFTUS, Plaintiff - Appellant, v. DAVID BOBZIEN, County Attorney, Fairfax County; EDWARD L. LONG, County Executive, Fairfax County, Defend...
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Court Below — Superior Court for the State of Delaware, C.A. No. N15M-04-060 AFFIRMED....
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The state appeals an order granting Pierre-John Lundy’s motions to vacate his pleas, judgments, and sentences. Because the trial court erred by not directing the state to respond to Lundy’s motions and in failing to hold an evidentiary hearing where it was clear that one was needed, we must reverse and remand for further proceedings. Lundy, a Haitian national in the United States on temporary prot...
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Appellant Jorge Morías was convicted of burglary of a dwelling, resisting arrest without violence, and disturbing a school function. Appellant raises two issues on appeal. First, he maintains that the State failed to establish a critical element of the burglary charge, arguing that neither he nor his accomplices ever “[e]nter[ed] a dwelling, a structure, or a conveyance with the intent to commit a...
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Affirmed...
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Appeal Affirmed; Cross-Appeal Dismissed; and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed in part, Reversed in part, and Remanded...
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Affirmed...
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Reversed and Remanded...
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Affirmed...
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Affirmed...
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Affirmed...
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Judgment Reversed in part; Remanded for Resentencing...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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DECISION AND ORDER This action arises out of a commercial real estate lease relating to a retail devel- ■ *320opment in Rochester, New York. On September 7, 2016, the Court entered an Order (Dkt. # 56), granting the motion for judgment on the pleadings filed by defendants Anthony J. Costello & Son (Spencer) Development, LLC, and Anthony J. Costello & Son Development, LLC (“Costello defendants”), ...
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DECISION AND ORDER DAVID G. LARIMER, United States District Judge INTRODUCTION Plaintiff Xerox Corporation (“Xerox”) commenced this action for breach of contract against defendant RP Digital Services, Inc. (“RP”) and Ultragraphics, Inc., a/k/a John T. Crossley Inc. (“Ultragraph-ics”) (collectively “defendants”). Xerox seeks a money judgment against the defendants for failure to pay monies due purs...
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Proceedings: IN CHAMBERS ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [72], I. INTRODUCTION Plaintiff Jerome Dean brings this action against Officer Joshua Fluty of the Los Angeles Police Department (“LAPD”); Charlie Beck, Chief of Police of the LAPD; and the City of Los Angeles (collectively, “the Defendants”). The claims involve an arrest of the Plaintiff made by Officer Fluty, which t...
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OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT Plaintiff, His Healing Hands Church, filed a complaint pursuant to 42 U.S.C. § 1983 against Defendant, the Lansing Housing Commission, alleging violations of the First Amendment and the Equal Protection Clause. The Church alleges that the Housing Commission violated the Church’s rights by refusing its requests to use the Housing Commission’s co...
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hln this wrongful eviction suit, Plaintiff Erica Scott (Scott), individually and on behalf of her minor daughter, Alyssa Grace Scott, appeals the ruling of the trial court, dismissing her claims against Defendant MAC-RE, LLC d/b/a Southern Apartments (MAC-RE). MAC-RE also appeals that part of the judgment denying its claim for attorney’s fees and costs. For the following reasons, we affirm. FACTS ...
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JURY DEMAND MEMORANDUM Before the Court is Defendant Yates Services, LLC’s Motion for Summary Judgment. (Docket No. 17.) For the reasons stated herein, Defendant’s Motion will be granted. I. Background A. Factual Betty Fox (“Fox”) was hired by Yates Services, LLC (‘Yates”) on December 27, 2011 as an at-will contract employee. (Docket No. 21, ¶¶ 2, 3.) Yates is a Nissan contractor that, among othe...
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Affirmed...
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ORDER AND NOW, this 8th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Affirmed...
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Affirmed...
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hOn appeal, defendant, Aaron S. Engle, contends his convictions for theft and receiving stolen goods violate the Double Jeopardy Clause. For the following rea*1263sons, we affirm defendant’s convictions, as well as the sentence for his theft conviction. However, we vacate the sentence for defendant’s conviction for receiving stolen goods and remand the matter to the trial court for resentencing. F...
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Affirmed...
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Reversed and Remanded...
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ORDER DENYING MOTION TO DISMISS Before the Court is Defendant Erik K. Bardman’s motion to dismiss the Tenth Claim for Relief in the Securities and Exchange Commission’s (“SEC”) First Amended Complaint (FAC). ECF No. 44. The Court will deny the motion. I. FACTS RELEVANT TO THE CURRENT MOTION TO DISMISS1 The SEC brought this case alleging that Logitech International, S.A. (“Logitech”) fraudulently ...
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Affirmed on both Appeals...
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Affirmed...
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Affirmed on both Appeals...
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Affirmed...
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ORDER RE MOTIONS FOR SUMMARY JUDGMENT, MOTIONS TO STRIKE, AND MOTION TO DISMISS INTRODUCTION This order addresses parallel motions brought in two related cases, Yurok Tribe v. Bureau of Reclamation, No. 16-cv-6863, and Hoopa Valley Tribe v. Bureau of Reclamation, No. 16-CV-4294. The plaintiffs in these two cases are tribes and fishin'g associations, seeking to protect Southern California Northern...
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ORDER RE MOTIONS FOR SUMMARY JUDGMENT, MOTIONS TO STRIKE, AND MOTION TO DISMISS INTRODUCTION This order addresses parallel motions brought in two related cases, Yurok Tribe v. Bureau of Reclamation, No. 16-cv-6863, and Hoopa Valley Tribe v. Bureau of Reclamation, No. 16-cv-4294. The plaintiffs in these two cases are tribes and fishing associations, seeking to protect Southern California Northern ...
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ORDER DENYING PLAINTIFFS’ MOTION FOR VACATUR OF ARBITRATION AWARD Currently pending before the Court is Plaintiffs Randy and Elissa Stevens’ motion for vacatur of an arbitration award. Having considered the parties’ briefs and accompanying submissions, the Court concludes that the matter may be resolved without oral argument and, accordingly, VACATES the hearing on Plaintiffs’ motion. Plaintiffs’...
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ORDER DENYING PLAINTIFF’S MOTION TO REMAND (Doc. ID This civil case is before the Court on Plaintiff Heather McCann’s motion to remand (Doc. 11) and the parties’ responsive memoranda (Docs. 13,14). I. BACKGROUND This case is one of several hundred cases filed in the last few years relating to allegations that Dr. Abubakar Atiq Durra-ni, an orthopedic surgeon formerly operating in the Cincinnati/N...
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Affirmed on both Appeals...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2526 VERISIGN, INC., Plaintiff - Appellant, v. XYZ.COM LLC; DANIEL NEGARI, Defendants - Appellees. Appeal from the U...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2568 JACOB E. ABILT, Maryland, United States, Plaintiff - Appellant, v. CENTRAL INTELLIGENCE AGENCY; JOHN O. BRENNAN, Director, In his official capacity only, Defendants - Appell...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6719 CALVIN GARRETT GRAY, Petitioner – Appellant, v. DAVID BALLARD, Respondent – Appellee. Appeal from the United States District Court for th...
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MEMORANDUM AND OPINION ORDER Before the Court is Plaintiff Dr. Frank S. Walker’s Motion for Preliminary Injunc-tive Relief filed against Defendant Memorial Health System of East Texas d/b/a CHI St. Luke’s Health Memorial Lufkin (“the Hospital”) (Dkt. No. 2). On February 2, 2017, the Court held a hearing where the parties presented evidence and argument of the motion.1 (See Dkt. No. 15.) *213Upon c...
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The former wife appeals from the circuit court’s final judgment denying her request seeking retroactive child support for the first time over three years after the child’s 18th birthday. The court found that the former wife lacked standing to bring the claim. We affirm. The former wife lacked standing to seek retroactive child support for the first time over three years after the child’s 18th birt...
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Appellant challenges his conviction and sentence on the ground that the court erred by proceeding with his change of plea hearing without determining his competency in accordance with the Florida Rules of Criminal Procedure 3.210-3.212, when the court had earlier ordered a competency evaluation. We reverse. See Deferrell v. State, 199 So.3d 1056, 1061 (Fla. 4th DCA 2016) (holding that where the co...
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The former wife appeals from the circuit court’s qualified domestic relations order (in the form of a “Final Judgment for Money Judgment and Equitable Lien”) granting the former husband’s motion to enforce the underlying final judgment of dissolution. We affirm on all arguments except one. We agree with the former wife’s argument that the court erred by awarding the former husband an equitable lie...
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In this residential foreclosure case, U.S. Bank National Association, as Trustee, in Trust on Behalf of J.P. Morgan Mortgage *143Acquisition Trust 2006-CW2 (“the Bank”) appeals the trial court’s involuntary dismissal of its lawsuit for lack of standing. We reverse because the Bank established its standing to foreclose by virtue of its possession of a note indorsed in blank. In June of 2014, the Ba...
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Affirmed. See Charles v. State, 204 So.3d 63 (Fla. 4th DCA 2016). Ciklin, C.J., Damoorgian and Gerber, JJ., concur....
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State Farm raises two issues in this appeal of a final judgment entered for the insured. State Farm argues first that the trial court erred in denying its summary judgment and directed verdict motions because the insured failed to timely comply with policy obligations following the loss. State Farm also argues that, at a minimum, a new trial is required because the introduction of the insured’s he...
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Affirmed. Ciklin, C.J., and Taylor, J., concur. Lee, Robert W., Associate Judge, concurs specially with opinion....
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Celestor Gregory appeals his convictions and sentences. He alleges numerous errors, but we affirm because his arguments are either unpreserved or without merit, or both. However, we write to address his argument that the trial court fundamentally erred by failing to instract the jury on the justifiable use of deadly force. Gregory was charged with robbery with a weapon and battery after stealing a...
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We affirm appellant’s convictions for possession of child pornography. The pornography was contained on a thumb drive. The thumb drive also contained videos, taken by a hidden camera, of young girls undressing and using the bathroom in appellant’s home. In several of these videos, a male torso was observed entering the bathroom and activating a recording device. Appellant’s wife identified the mal...
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Affirmed...
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Convictions Affirmed and Sentence Vacated in part...
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Affirmed...
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Affirmed...
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Affirmed...
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Affirmed...
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MEMORANDUM OPINION AND ORDER Before the Court are the parties’ Cross-Motions for Summary Judgment (ECF Nos. 48, 51, 54, 67). On November 17, 2016, the Court held oral argument on the Motions. For the reasons stated below, Plaintiffs’ Motions for Summary Judgment are DENIED and Defendants’ Motion for Summary Judgment is GRANTED. *159I. Introduction Plaintiffs U.S. Chamber of Commerce (“COC”), the ...
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ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 15-412, concluding that as a matter of final discipline pursuant to Rule l:20-13(c), ALFIO S. LANUTO of BAYONNE, who was admitted to the bar of this State in 1989, should be reprimanded based on his convictions in municipal court for disorderly persons offenses of obstruction of law and resisting arrest, conduct th...
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Nevada denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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*1351Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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AMENDED ORDER AND REASONS Before the Court is Defendant Atlantic Specialty Insurance Company’s motion for summary judgment, seeking dismissal of all claims against it on the grounds that there are no genuine issues of material fact concerning Plaintiff Adrianne L. Biel-ler’s ability to rebut the presumed validity of the uninsured motorist waiver executed by Defendant’s insured, St. Tammany Parish...
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ORDER I. INTRODUCTION This matter comes before the Court on Plaintiff Chris Bunger’s Motion for Award of Fees and Costs Under 29 U.S.C. § 1132(g)(1). Dkt. #25. Having reviewed the briefs submitted by the parties and the relevant portions of the record, the Court finds an award of attorney’s fees and costs appropriate. For the reasons set forth below, the Court GRANTS in part and DENIES in part Pl...
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MEMORANDUM & ORDER This case involves allegations of harassment and disparate treatment brought by plaintiff Ulas Avci, appearing pro se, against defendant Megan J. Brennan, Postmaster General of the United States Postal Service (“USPS”). Shortly after plaintiff filed an amended complaint, in August, 2016, he filed a motion for entry of default pursuant to Fed. R. Civ. P. 55(a). Defendant respond...
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ORDER AND NOW, this 8 day of Feb, 2017, upon review of the Report and Recommendation of Carol Sandra Moore Wells, United States Magistrate Judge, it is hereby ORDERED as follows: 1. The Report and Recommendation be APPROVED and ADOPTED: 2. That Plaintiffs Request for Review be GRANTED; 3. That this case be REMANDED to the Commissioner of Social Security, pursuant to sentence six of 42 U.S.C. *728...
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OPINION AND ORDER This matter comes before the Court on review of defendant’s Motion to Dismiss Amended Complaint (Doc. # 252) filed on February 12, 2016.1 Plaintiffs filed a Memorandum in Opposition to Defendant’s Motion to Dismiss Amended Complaint (Doc. # 318) on March 11, 2016, to which defendant filed a Reply (Doc. # 336) on March 25, 2016, and plaintiffs filed a Surreply (Doc. # 351) on Apr...
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MEMORANDUM DECISION AND ORDER INTRODUCTION Weber Luke Alliance, LLC (Weber Luke) alleges trademark and copyright claims against Studio 1C. Studio 1C challenges Weber Luke’s trademark and state law claims in a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative motion for summary judgment.1 (Dkt. No. 10.) Studio 1C challenges Weber Luke’s copyright claims ...
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MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255 I. INTRODUCTION Defendant Vincent Lattanzio has brought this petition pursuant to 28 U.S.C. § 2255, seeking to vacate his sentence based on his incorrect designation as an armed career criminal. The government opposes. For the reasons that follow, the court will allow Defendant’s motion. II. BACKGROUND On...
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ORDER Defendant BNSF Railway Company (BNSF) moves to quash a notice of deposition of Dr. Tyson Williams and for a protective order prohibiting the plaintiff from taking any additional depositions. (Doc. #39). This case arises under the Federal Employers’ Liability Act (FELA). The plaintiff, Richard A. Lofgren (Lofgren), alleges he was injured during the course of his employment with BNSF. Trial o...
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OPINION & ORDER Pro se Plaintiff Joseph Leon (“Plaintiff’) brings this Action against the Rockland Psychiatric Center (“RPC”), a psychiatric facility operated by the New York State Office of Mental Health, and Patricia Soto (“Soto” and collectively with RPC, “Defendants”) pursuant to the Age Discrimination in Employment Act (“ADEA”), the New York State Human Rights Law (“NYSHRL”), the New York Ci...
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STATEMENT OF REASONS PURSUANT TO 18 U.S.C. § 3553(c)(2) I. Introduction... 119 A. Instant Offense... 119 B. Arrest... 119 C. Guilty Plea... 119 D. Sentencing Hearing... 119 II. Offense Level, Category, and Sentencing Guidelines Range... 120 A. Effect of the Older Conviction on Sentencing Guidelines Range... 120 B. Effect of More Recent Conviction on Sentencing Guidelines Range... 120 a) Determini...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SUPER PRODUCTS, LLC, a ) Delaware limited liability company, ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ZACKERY L. STOKES, ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SOLAR DYNAMICS, INC., ) ) ...
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In these consolidated appeals, B.R.C. seeks review of a disposition order withholding adjudication and sentencing him to probation in trial court cases 15-867 and 15-350. B.R.C. argues that the trial court failed to hold an adequate competency hearing before proceeding with a bench trial in both cases. He also challenges the finding of guilt in case number 15-367. We agree that the trial court fai...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MARCUS FRANKLIN SANDERS, ) DOC# 788118 ...
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Third District Court of Appeal State of Florida Opinion filed February 8, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-173 Lower Tribunal Nos. 98-5013 & 98-3144B ...
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Third District Court of Appeal State of Florida Opinion filed February 08, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-2284 Lower Tribunal No. 11-23587 ___...
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ON THIS COURT’S ORDER TO SHOW CAUSE On November 16, 2016, we affirmed per curiam Mr. Japo’s appeal of the trial court’s order denying his motion for post-conviction relief. At that same time, we issued an order directing Mr. Japo to show cause why this court should not prohibit him from submitting further pro se appeals, petitions, motions or other pleadings regarding case number F90-29389C unl...
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Affirmed. City of Clearwater v. Williamson, 938 So.2d 985, 989 (Fla. 2d DCA 2006) (“To determine whether probable cause exists in a case, the court must examine the totality of circumstances.”)...
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EN BANC The defendant appeals his conviction of felony murder in the first degree, felony murder in the second degree, and attempted armed robbery. He raises eight argu-*384merits on appeal, and we affirm without further comment as to the first seven arguments. We address the defendant’s eighth argument en banc to recede from Ripley v. State, 898 So.2d 1078 (Fla. 4th DCA 2004), and West v. State...
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We withdraw our previously issued opinion and substitute the following in its place. We reverse the trial court’s order denying Rogyne O’Neal’s motion to correct his life sentence for a murder he committed as a juvenile in 2001. In Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 2469, 183 L.Ed.2d 407 (2012), the Supreme Court held that life sentences (without the possibility of parole) for juveni...
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Aff. Cir. Ct. (Brevard)...
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*1320ORDER After an independent review of the record, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. So ORDERED, this 8th day of February, 2017. REPORT AND RECOMMENDATION GEORGE R. SMITH, UNITED STATES MAGISTRATE JUDGE, SOUTHERN ...
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ORDER I. INTRODUCTION On September 16, 1998, following an 18-day trial, a federal jury convicted Michel *526Withers of possession of heroin and cocaine with intent to distribute, money laundering, engaging in a continuing criminal enterprise, and conspiracy to possess controlled substances with the intent to distribute. Docs. 332-33. On March 20, 2001 Judge Manuel L. Real sentenced Withers to 365 ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) COMPETITIVE ENTERPRISE ) INSTITUTE, ) ) Plaintiff, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) Service Employees International Union ) National Industry Pension Fund, et al. ) ) Plaintiffs, ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) BREATHE DC, ) ) Plaintiff, ) ) v. ) ...
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Case: 15-12540 Date Filed: 02/08/2017 Page: 1 of 16 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-12540 ...
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ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 16-057, concluding that the formal ethics complaint filed against AZAR ABASI MENHAJI of PATERSON, who was admitted to the bar of this State in 1997, should be *628dismissed for lack of clear and convincing evidence of unethical conduct, and good cause appearing; It is ORDERED that the formal complaint against AZAR ...
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MEMORANDUM OF DECISION ON THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT [DKTS. 44, 45] I. INTRODUCTION This case is about the decision of Defendant Honeywell International, Inc. (“Honeywell”) to terminate Plaintiffs retirees’ full medical coverage benefits. Plaintiffs David Kelly, Richard Norko, Annette Dobbs, and Peter Dellolio (collectively, “Plaintiffs”) are retired union workers and a survi...
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Case: 15-51181 Document: 00513867045 Page: 1 Date Filed: 02/08/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No....
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Case: 16-11045 Document: 00513867505 Page: 1 Date Filed: 02/08/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-11045 ...
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OPINION AND ORDER Plaintiff Board of Trustees of the Employers-Shopmen’s Local 516 Pension Trust (the “Fund”) brings claims under Oregon common law and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., against Defendants Columbia Wire & Iron Works, Inc. (“CWTW”); Columbia Steel Services, Inc. (“CSSI”); Columbia Steel Services, Inc. dba Columbia Wire & Iron W...
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Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that it does not lie (see NY Const, art VI, § 3 [b]; CPLR 5601). Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3; CPLR 5602). Motion for poor person relief dismissed as academic. Judge Wilson taking no part....
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Motion by Rent Stabilization Association et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed submission is accepted as filed. Judge Wilson taking no part....
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Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved. Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for ancillary relief dismissed as academic. Judge Wilson taking no part....
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Motion for leave to appeal denied. Motion for a stay dismissed as academic. Judge Wilson taking no part....
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ORDER For the reasons set forth below, Defendant Fannie Mae’s Motion for Summary Judgment [# 91] is GRANTED in part, Defendant Seterus’ Motion for Summary Judgment [# 95] is GRANTED in part, and Plaintiffs’ Motion for Summary Judgment [# 96] is DENIED. Defendant Fannie Mae is dismissed as a party to this lawsuit. A three day bench trial for the remaining claims against Defendant Seter-us is set f...
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Reported below, 129 AD3d 924. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Wilson taking no part....
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1st Dept: 143 AD3d 583 denied*...
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Wilson taking no part....
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Motion by New York State Trial Lawyers Associaton for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Judge Wilson taking no part....
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MEMORANDUM ORDER At Wilmington this 8th day of February, 2017: Having reviewed the parties’ briefing (D.I. 625, 626, 627, 628) relating to Defen*20dants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.’s (“Bard”) motion for attorneys’ fees (“Fees Motion”) incurred in having to respond to Plaintiff W.L. Gore & Associates, Inc.’s (“Gore”) motion for sanctions (“Sanctions Motion”), IT IS HEREBY OR...
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IN THE ARIZONA COURT OF APPEALS DIVISION ONE HELVETICA SERVICING, INC., a California corporation, formerly known as CRM VENTURE LAW, INC., dba THE HELVETICA GROUP, Plaintiff/Cross-Claimant/Appellee/Cross-Appellant, v. JOSEPH J. GIRAUDO, Third-Party Defendant in int...
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FILED United States Court of Appeals Tenth Circuit February 9, 2017 Elisabeth A....
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Keyon Taylor (“Taylor”) shot and beat a postal worker, and then hijacked his truck in a botched robbery scheme. The ordeal finally came to an end when the worker popped the truck’s rear gate and jumped out of the moving vehicle to try and save his own skin. Taylor was convicted of multiple federal crimes arising from this episode, then sentenced to just shy of thirty years in prison. Taylor now a...
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Julio Román-Huertas (“Román”) pled guilty to being a felon in possession of a-firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). His plea agreement recommended a total offense level under the United States Sentencing Guidelines (the “Guidelines”) of seventeen. At his sentencing hearing, Román objected to the total offense level of seventeen, arguing that it should instead be twelve bec...
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Plaintiff Frantz Coutard appeals from a judgment of the United States District Court for the Eastern District of New York, Eric N. Vitaliano, Judge, dismissing his complaint alleging that his employer defendant Municipal Credit Union (“MCU”) denied him leave and terminated his employment in violation of the Family and Medical Leave Act of 1993 (“FMLA” or the “Act”), 29 U.S.C. § 2601 ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0026p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MARCIA R. MEOLI, ┐ Plaint...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0027p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT TERRY LYNN KING, ┐ Petitioner-Appellant, │ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0028p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MICHIGAN STATE AFL-CIO; UTILITY WORKERS UNION ┐ OF AMERICA, LOCAL 223; GEORGE HORUCZI; ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2332 PEGGY ZAHN, Plaintiff-Appellant, v. NORTH AMERICAN POWER & GAS, LLC, Defe...
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Tyran Patton was a high-level drug dealer who, after being arrested for an unrelated firearms offense, agreed to cooperate with the government. Patton acted as an informant in the government’s investigation of illegal firearm sales but then disappeared for several months. After he reemerged, he pleaded guilty to the drug charges and was sentenced. At sentencing the government refused to move for a...
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For conduct arising out of one day’s sexual abuse, Kevin Hoffman was convicted after a two-day federal jury trial of one count of exploitation of a child and one count of possession of child pornography in interstate commerce, and faced a sentence of up to thirty years in prison. While his sentence was pending, he was convicted ,in state court of sexual abuse of the same child over a period of eig...
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Stephen Susinka has filed his third application for permission to file a successive motion under 28 U.S.C. § 2255 to vacate his 20-year sentence for participating in a RICO conspiracy. He wants to challenge his sentence on the authority of Hurst v. Florida, — U.S. —, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), which held that Florida’s sentencing procedure for capital cases, whereby the jury delivers a...
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COLORADO COURT OF APPEALS 2017COA16 Court of Appeals No. 16CA0723 Eagle County District Court No. 15CV30255 Honorable Russell H. Granger, Judge Traer Creek-EXWMT LLC, a Colorado limited liability company, Plaintiff-Appellant, v. Eagle County Board of Equalization, Defendant-Appellee. JUDGMENT AFFIRMED ...
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FACTUAL AND PROCEDURAL BACKGROUND | ¶ This is a personal injury suit arising out of a trip and fall on a mat in the lobby of a bank. On May 17, 2013, Plaintiff, Sybil Alexander (“Ms. Alexander”), made a routine visit to the Whitney Bank located at 228 St. Charles Avenue in New Orleans, Louisiana. Upon exiting the lobby of the bank, Ms. Alexander alleges that she tripped and fell over a “wave” or “...
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_JjOn December 9, 2015, a jury returned a verdict finding Kenneth Halley and John Chambers each guilty of the April 5, 2005 second degree murder of Joseph Lucien. Although jointly tried, each defendant has filed a separate appeal.1 After the disposition of post-trial motions filed by Mr. Halley and after the expiration of all legal delays, Mr. Halley was sentenced to life imprisonment without the ...
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OPINION Appellant Donald Foster, an indigent inmate proceeding pro se, seeks to appeal the trial court’s order dismissing his civil lawsuit against Appellees David West, James Anders, Eric C. Milbern, Keven L. Schiwart, Robert A. Reyes III, and Tye D. McLaughlin. On August 11,2016, we asked Foster to file an affidavit of previous filings in accordance with chapter 14 of the civil practice and rem...
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The defendant, Efrén Irizarry-Colón, pled guilty to participating in a conspiracy to defraud the federal government in violation of 18 U.S.C. § 371. His plea agreement reserved his right to appeal the district court’s denial of his motion to dismiss the indictment with prejudice based on violations of the Speedy Trial Act, the Speedy Trial Clause of the Sixth Amendment, and the Due Process Clau...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 14-1469 _____________ CRAIG WILLIAMS, Appellant v. SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS; DORINA VARNER, Chief Gr...
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*374Opinion —On September 4, 2013, Pierre Daniel (Daniel), an actor, worked as an extra in a movie entitled, A Haunted House 2 (Open Road Films 2014). Marlon Wayans (Wayans) co-wrote, produced, and starred in the movie. In August 2014, Daniel sued Wayans and others, alleging, inter alia, that he was the victim of racial harassment because during his one day of work on the movie he was compared to...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF WASHINGTON; STATE OF No. 17-35105 MINNESOTA, Plaintiffs-Appellees, D.C. No. 2:17-cv-00141 v. DONALD J. TRUMP, President of the ORDER United States; U.S. DEPARTMENT OF HOMELAND SECURITY; REX ...
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MEMORANDUM Defendant Sport & Social, LLC (“Sport & Social”) brings a counterclaim against plaintiff Baltimore Sports & Social Club, Inc. (“BSSC”), seeking a declaratory judgment of non-infringement, and further alleging • tortious interference with prospective advantage, defamation, unfair or deceptive trade practices, false advertising, and unfair competition. (ECF No. 14). Now pending is BSSC’s...
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Filed 2/9/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- THE PEOPLE, C069555 Plaintif...
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Supreme Court of Florida ____________ No. SC10-2363 ____________ RASHEEM DIQUOINE DUBOSE, Appellant, vs. STATE OF FLORIDA, ...
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Supreme Court of Florida ____________ No. SC15-1477 ____________ RICHARD DEBRINCAT, et al., Petitioners, vs. STEPHEN FISCHER, ...
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Supreme Court of Florida ____________ No. SC15-2389 ____________ STATE OF FLORIDA, Petitioner, vs. ADREA VERNIQUE WILEY, Res...
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Sean Anthony Thomas appeals from the district court’s order denying Thomas’s I.C.R. 35 motion for reduction of sentence. For the reasons set forth below, we affirm. Thomas pled guilty to lewd conduct for sexually abusing his daughter, who was under the age of sixteen. I.C. § 18-1508. On June 2, 2014, the district court sentenced Thomas to a unified term of fifteen years, with a minimum period of c...
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Rodney Gene Blackburn, Jr. appeals from the distinct court’s judgment summarily dismissing Blackburn’s petition for post-conviction relief. Specifically, Blackburn argues the district court erred because Blackburn’s counsel rendered ineffective assistance by failing to file a notice of appeal. For the reasons explained below, we affirm the distinct court. i. FACTUAL AND PROCEDURAL BACKGROUND Black...
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The State appeals from the district court’s order granting Gabriel Ortega-Vastida’s motion to suppress. For reasons explained below, we reverse the district court’s order and remand the case for further proceedings consistent with this opinion. I. FACTUAL AND PROCEDURAL BACKGROUND Officer Kelly suspected Ortega-Vastida was driving under the influence. Officer Kelly stopped Ortega-Vastida and Offic...
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Affirmed Concurs Concurs...
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dissenting from the denial of transfer. I respectfully dissent from the denial of transfer. In finding that the trial court’s order granting Mother’s petition to modify custody of A.M. was clearly erroneous, I am afraid the Court of Appeals engaged in impermissible reweighing of evidence. It seems to me that such a significant departure from accepted law warrants review by this Court and I would g...
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FILED Feb 08 2017, 12:07 pm ATTORNEYS FOR APPELLANTS ATTORNEYS FOR APPELLEE CLERK James S. Stephenson ...
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Applying For Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. *689C614860; to the Court of Appeal, First Circuit, No. 2015 CA1707; | granted....
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Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. L, No. 2009-13515; to the Court of Appeal, First Circuit, No. 2016 CU 0918; L Not considered. Not timely filed. See Louisiana Supreme Court Rule X, § 5. HUGHES, J., recused....
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*386MEMORANDUM OPINION AND ORDER At root, this case is a dispute over whether a Chapter 13 plan should be modified to capture the proceeds of a post-confirmation windfall. Debtor-Appellee Barbara Jean Russell (“the Debtor”) filed a petition for Chapter 13 bankruptcy on January 18, 2013 (Doc. # 3-2) *; her plan was confirmed on April 29 of that year in Bankruptcy Court Chapter 13 Case- No. 13-3016...
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Opinion issued February 9, 2017 In The Court of Appeals For The First District of Texas –––––––––––– NO. 01-16-00148-CR ––––––––––– JOSHUA RAY GUTIERREZ, Appell...
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Filed 2/9/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR SHERYL KATHRYN LEIGHTON, Plaintiff and Appellant, A145601 v. ROCHELLE FORSTER, ...
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In the United States Court of Federal Claims No. 16-649C (Filed: February 9, 2017) ************************************* * MODA HEALTH PLAN, INC., * Patient Protection and Affordable * ...
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Affirmed Concurs Dissents with separate opinion...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs in result without separate opinion...
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FILED Feb 09 2017, 8:18 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 524-682; to the Court of Appeal, Fourth Circuit, No. 2016-K-0985 Writ Granted. This matter is remanded to the trial court to reconsider the state’s notice of intent to introduce evidence of other crimes pursuant to La. C.E. art. 404(B)(1), in view of the Court’s recent opinion in State v. Joseph ...
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 528-084; to the Court of Appeal, Fourth Circuit, No. 2016-K-0847; 11 Writ Granted. This matter is remanded to the trial court to reconsider the state’s notice of intent to introduce evidence of other crimes pursuant to La. C.E. art. 404(B)(1), in view of the Court’s recent opinion in State v. Jos...
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal *690District Court Div. B, No. 523-718; to the Court of Appeal, Fourth Circuit, No. 2017-K-0071; 11 Stay denied. Writ denied....
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. L, No. 491-939; to the Court of Appeal, Fourth Circuit, No. 2015-K-0195 | denied. Moot....
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 250-828; February 3, 2017 | denied. Moot....
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Applying For Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 98313; to the Court of Appeal, First Circuit, No. 2015 KA 0513 I, Denied....
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Applying For Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 472,567; to the Court of Appeal, First Circuit, No. 2015 KA 1070; | iDenied....
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Applying For Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. J, No. 12-2777; to the Court of Appeal, Fifth Circuit, No. 15-KA-434 |! Denied....
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Applying For Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. C, No. 200,474; to the Court of Appeal, Second Circuit, No. 50,-337-KA; | denied....
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Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. 2, No. 309577; to the Court of Appeal, Second Circuit, No. 50,-301-KA |, Denied....
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Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court, Div. B, No. 2015-4007; to the Court of Appeal, Third Circuit, No. CW 16-00290 *691| denied. See Billeaudeau v. Opelousas General Hospital, 16-0846 (La. 10/19/16), — So.3d-. GUIDRY, J., would grant. CLARK, J., would grant....
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2015-11392; to the Court of Appeal, Fourth Circuit, No. 2016-C-0542 JjDenied. GUIDRY, J., would grant. CLARK, J., would grant....
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Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. A, No. 00125372; to the Court of Appeal, Third Circuit, No. CW 16-00610; 1 t Denied....
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Applying For Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. F, No. 148903; to the Court of Appeal, First Circuit, No. 2016 CW 1035; 11 Denied....
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Applying For Writ of Certiorari and/or Review, Parish of St. Mary, 16th Judicial District Court Div. C, No. 123053; to the Court of Appeal, First Circuit, No. 2015CA 1742; | denied....
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Applying For Writ of Certiorari and/or Review, Parish of Avoyelles, 12th Judicial District Court Div. 0, No. 2012-8288; to *687the Court of Appeal, Third Circuit, No. 16-136; February 3, 2017 | iDenied....
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Applying For Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. B, No. 535,190-B; to the Court of Appeal, Second Circuit, No. 51,300-CW | denied....
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Applying For Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. F, No. C-20150951; to *692the Court of Appeal, Third Circuit, No. 16-361 C/W 16-362; | denied....
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Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 2010-11736; to the Court of Appeal, Fourth Circuit, No. 2014-*693CA-0159 C/W 2014-CA-0746 C/W 2015-CA-1176 11 Denied....
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Applying For Writ of Certiorari and/or Review, Parish of St. John, 40th Judicial District Court, Div. A, No. 16-CR-305; to the Court of Appeal, Fifth Circuit, No. 16-K-630 | ¶ Denied....
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. I, No. 2014-1475; to the Court of Appeal, Fourth Circuit, No. 2016-CA-0461 h Denied. HUGHES, J., would grant....
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Amanda Rae Douga;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. E, No, 2014-3241; to the Court of Appeal, Third Circuit, No. 16-543 | ] Denied. GENOVESE, J., recused....
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Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. N, No. 13-7725; to the Court of Appeal, Fourth Circuit, No. 2016-CA-0491 11 Denied....
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Applying For Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. C, No. 110118; to the Court of Appeal, First Circuit, No. 2016 CW 0389; I .Denied. JOHNSON, C.J., would grant. GENOVESE, J., would grant....
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Applying For Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. C, No. 110118; to the Court of Appeal, First Circuit, No. 2016 CW 0584 | iDenied. *696JOHNSON, C.J., would grant. GENOVESE, J., would grant....
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Applying For Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. C, No. 104-002-1; to the Court of Appeal, Fourth Circuit, No. 2015-CA-1105 | denied. WEIMER, J., would grant....
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Applying For Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. A, No. 71975; to the Court of Appeal, First Circuit, No. 2016 CA 0150 | [Denied....
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Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 15-3977; to the Court of Appeal, Fifth Circuit, No. 17-K-19 |, Denied....
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Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. G, No. 729-856 C/W 725-839 C/W 749-450; to the Court of Appeal, Fifth Circuit, No. 16-C-641 | T Denied....
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Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th *697Judicial District Court Div. B, No. 633965; to the Court of Appeal, First Circuit, No. 2016 CW 1539 | denied....
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J-A33034-16 2017 Pa. Super. 30 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : JONATHAN MICHAEL PROCTOR, : ...
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ORDER AND NOW, this 9th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The Order of the Superior Court is VACATED and this matter is REMANDED to the Superior Court to reconsider its decision in light of Common*1214wealth v. Veon, 150 A.3d. 435, (Pa. 2016) (69 and 70 MAP 2015). Justice Wecht did not participate in the consideration or decision of this matter....
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ORDER AND NOW, this 9th day of February, 2017, issue b. set forth in the Petition for Allowance of Appeal is GRANTED. The Order of the Superior Court regarding this issue is VACATED and this matter is REMANDED to the Superior Court to reconsider its decision in light of Commonwealth v. Veon, 150 A.3d. 435 (Pa. 2016) (69 and 70 MAP 2015). Justice Mundy did not participate in the consideration or de...
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2017 WI 7 SUPREME COURT OF WISCONSIN CASE NO.: 2014AP2840-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent, v. Christopher Joseph Allen, Defendant-...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 14 OCTOBER TERM, A.D. 2016 February 9, 2017 JEREMIAH ETHAN SAMUEL SHULL, Appellant (Defendant), v. S-16-0046 THE STAT...
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Filed 2/9/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, A140775 v. KIARRA MARIE PRICE, ...
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Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 523-055; to the Court of Appeal, Fourth Circuit, No. 2016-K-0558; | denied. WEIMER, J., would grant and remand. See State v. Joseph Taylor, 2016-1124, 2016-1183 (La. 12/1/16), 217 So.3d 283, 2016, 2016 WL 7030750. GENOVESE, J., would grant and remand. See State v. Joseph Taylor, 2016-1124, 2016-1...
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Applying For Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. A, No. 11-CR-1790; to the Court of Appeal, Third Circuit, No. KW 16-00629 | t Denied....
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Applying For Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. A, No. 71975; to the Court of Appeal, First Circuit, No. 2016 CA 0151 11 Denied....
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APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-S NO. 14-00102) SUMMARY DISPOSITION ORDER Affirmed....
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ORDER This case arises out of a sexual assault that defendant Domenico Grace-Iacovetta (Iacovetta), a Caucasian male aged twenty-one, perpetrated against a fourteen-year-old African-American female. Plaintiff, the child’s mother, brings this suit against defendant Cedar Fair, L.P., operator of Cedar Point Amusement Park, where the assault took place. Pending is Cedar Fair’s motion to dismiss plain...
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MEMORANDUM OPINION AND ORDER Plaintiffs Carl Lowe and Kearby Kaiser (“Plaintiffs”), on behalf of themselves and others similarly situated, have brought this action against CVS Pharmacy, Inc., Min-uteClinic, LLC, and West Corporation (“Defendants”). Plaintiffs’ claims arise under the Telephone Consumer Protection Act (TCPA), 42 U.S.C. § 227 et seq., and the Illinois Automatic Telephone Dialers Act...
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MEMORANDUM OPINION AND ORDER Plaintiffs Thomas and Theresa Quinn (“the plaintiffs,” “the Quinns”) have brought this suit, individually and on behalf of a purported class, against Specialized Loan Servicing, LLC (“SLS”) for violations of the Fair Debt Collection Practices Act (“FDCPA,” “the Act”), 15 U.S.C. § 1692 et seq.1 Presently before me is SLS’s motion to bifurcate class and merits discovery...
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Memorandum Opinion and Order Flextronics International USA, Inc. brought this suit against Aaron Serge Bue-no and two companies he founded, Sparkling Drink Systems Innovation Center Ltd. (“SDS-IC”) and Sparkling Drink Systems Innovation Center HK Ltd. (“SDS-HK”) (together, “SDS”), alleging breach of contract, fraud, and other state law claims in connection with a manufacturing agreement. Doc. 19....
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*779ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS SECOND CONSOLIDATED AMENDED COMPLAINT 1. INTRODUCTION Plaintiffs1 bring this putative class action against Defendant Seagate Technology LLC (“Seagate”), alleging that Seagate misrepresented certain hard drives and delivered defective drives to consumers. Seagate moves to dismiss for failure to state a claim.' The Court, the Honorabl...
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ORDER GRANTING MOTION TO DISMISS WITH PREJUDICE Defendant Sunrun, Inc. (“Sunrun”) is a company that leases rooftop solar panels to homeowners. When Sunrun conducted its initial public offering (“IPO”) on August 5,2015, its future looked bright. But with a series of regulatory setbacks, things quickly went dark. After she and other investors took heavy losses on Sunrun stock, Plaintiff Carole Gree...
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ORDER DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS Presently before the Court is Defendants AliphCom d/b/a Jawbone and Bo-dymedia, Inc.’s (collectively “Defendants” or “Jawbone”) motion for judgment on the pleadings that U.S. Patent Nos. 9,026,053 (the “’053 patent”), 9,106,307 (the “’307 patent”), and 9,048,923 (the “’923 patent”) (collectively, the “patents-in-suit”) are invalid for...
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PRESENT: All the Justices DANIEL PAUL OPRISKO OPINION BY v. Record No. 151450 JUSTICE S. BERNARD GOODWYN February 9, 2017 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM THE CIRCUIT COURT OF THE CITY OF NEWPOR...
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*1272ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS THIS MATTER is before the Court on Defendants’ Motion to Dismiss [DE 47], Plaintiffs’ Response in Opposition [DE 49] and Defendants’ Reply [DE 51]. The Court has also considered Plaintiffs’ Motion to *1273Strike [DE 50], Defendants’ Response in Opposition [DE 52], and Plaintiffs’ Reply [DE 53], and denied Plaintiffs’ Motion to Strike on August 17,...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-4026 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TODD ALLEN SPENCER, a/k/a Todd Alan Spencer, Defendant - Appellant. Appeal from the United States District Court for th...
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ORDER AND NOW, this 9th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM OPINION This matter comes before the Court on Petitioners’ [53] Motion for an Order Pursuant to 28 U.S.C. § 1610(c) Authorizing Enforcement of Judgment and [54] Motion for Anti-Suit Injunction and Temporary Restraining Order. Petitioners BCB Holdings Limited (“Holdings”) and the Belize Bank Limited (“BBL”) (collectively “Petitioners”) initiated an arbitration against the Government of ...
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals....
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*1215ORDER AND NOW, this 9th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice. Mundy did not participate in the consideration or decision of this matter....
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ORDER AND NOW, this 9th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 9th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Wecht did not participate in the consideration or decision of this matter....
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Applying for Rehearing of this Court’s action dated November 2,2016; Parish of E. Raton Rouge, 19th Judicial District *695Court Div. C, No. 02-07-76-0959; to the Court of Appeal, First Circuit, No. 2015 KW 1288 11 Rehearing granted for the limited purpose of clarifying that this matter is remanded to the District Court for further proceedings consistent with our determination that the District Cou...
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Applying For Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, No. 2010-11736; to the Court of Appeal, Fourth Circuit, No. 2014-CA-0159, C/W 2014-CA-0746, C/W 2015-CA-1176; 1 iDenied....
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OPINION AND ORDER On November 19, 2015, plaintiff Sonny P. Medina (“Medina”) filed a Class Action Complaint (“the initial complaint”) against defendants Clovis Oncology, Inc. (“Clovis”) and Patrick J. Mahaffy (“Mahaffy”), alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. §§ 78j(b) & 78t(a), and Rule 10b-5 promulgated by the Secu...
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ORDER ON MOTION TO DISMISS I. INTRODUCTION Before the court is Defendant United States Department of Justice’s (“the *894Government”) motion to dismiss Plaintiff Microsoft Corporation’s first amended complaint. (Mot. (Dkt. #38).) Microsoft opposes, the Government’s motion. (Resp. (Dkt. #44).) The court has considered the Government’s motion, Microsoft’s opposition to the Government’s motion (Resp...
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MEMORANDUM & ORDER Introduction ' Plaintiffs, Trustees of the Mosaic and Terrazzo Welfare, Pension, Annuity and Vacation Funds and Trustees of the Bricklayers & Trowel Trades International Pension Fund (the “Funds”), bring this action pursuant to Section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended 29 U.S.C. § 1132(a)(3), and Section 3401 of the Labor Man...
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MEMORANDUM OPINION AND ORDER Bobby P. Kearney, MD, PLLC (“Plaintiff’) initiated this -action in state court against Blue Cross and Blue Shield of North Carolina (“BCBSNC” or “Defendant”), alleging various violations of North Carolina law and seeking declaratory and injunctive relief. Defendant removed the action to this Court, on the basis of federal question jurisdiction. Before the Court is Pla...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff commenced this action on January 27, 2016, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking review of a decision of the Commissioner of Social Security (the “Commissioner”) denying Plaintiff’s application for Supplemental Security Income (“SSI”). See Dkt. No. 1, II. BACKGROUND Plaintiffs date of birth is September 22, 1994, which made ...
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND SUMMARY JUDGMENT Fifteen employees of the state of California (“plaintiffs”)1 brought this class action against defendants Service Employees International Union Local 1000 (“Local 1000”) and the California state controller,2 alleging that defendants’ ‘opt-out’ system for collecting optional uni...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Ellwood T. BOWEN III, Airman First Class United States Air Force, Appellant...
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*1131ORDER: (1) DENYING DEFENDANTS’ SPECIAL MOTION TO STRIKE (ANTI-SLAPP) (2) DENYING DEFENDANTS’ MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; (3)GRANTING PLAINTIFF’S MOTION TO AMEND Before the Court are the Special Motion to Strike (Anti-SLAPP)1 and the Motion for Partial Judgment on the Pleadings filed by Defendants Scott Larson and Scott Larson, P.C. (hereinafter, “Larson”), and the Motion to...
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OPINION & ORDER Before the Court is Defendant Woori Bank’s (“Woori”) motion to dismiss Plaintiff ACR Systems Inc.’s (“ACR”) amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The amended complaint asserts claims for wrongful dishonor of a letter of credit, civil conspiracy, and punitive damages. For the reasons set *474forth below, Woori’s motion is DENIED as to the wrongful ...
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OPINION AND ORDER Plaintiffs are members of a putative class comprised of parties who transacted in certain Korean futures contracts on a Korean securities exchange (the “KRX”) in 2012. Plaintiffs allege that Tower Research Capital LLC (“Tower”) and its CEO, Mark Gorton (collectively, “Defendants”), used fictitious trades and other deceptive techniques to manipulate the prices at which these futu...
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OPINION & ORDER Plaintiff TYRONE HICKS (“Hicks”) was convicted in 1999 in Bronx Supreme Court of attempted rape and attempted sodomy of a woman, “T.T.”1 He was sentenced to eight years and served his time. Four years after his release, however, Hicks’ conviction was vacated; he had been exonerated by exculpatory DNA evidence. At Mr. Hicks’ trial, T.T. was the central witness; she identified Mr. H...
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()REGIN t lln tbe @ntte! 9.tstes @ourt of Jfelerut @fij-tp6 No. 16-095 Filed: February 8,...
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MEMORANDUM DECISION AND ORDER Plaintiffs initially brought this putative class action on behalf of themselves and all other similarly situated against Defendants Duoyouan Printing, Inc. (“DYP”) and its officers and directors, Wenhua Guo, Xiqing Diao, William D. Suh, Christopher P. Holbert, Lianjun Cai, Punan Xie, (together, “the DYP Defendants”); Piper Jaffray & Co. and Roth Capital Partners, LLC...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2016-IA-00442-SCT MISSISSIPPI STATE REPRESENTATIVE HOUSE SPEAKER, PHILIP A. GUNN v. REPRESENTATIVE J. P. HUGHES, JR. DATE OF JUDGMENT: 03/23/2016 TRIAL JUDGE: HON. WINSTON L. KIDD TRIAL COURT ATTORNEYS: MICHAEL B. WALLACE ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01724-SCT MISSISSIPPI DEPARTMENT OF CORRECTIONS v. BENJAMIN COOK DATE OF JUDGMENT: 10/13/2015 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01865-SCT PEMBERTON PROPERTIES, LTD d/b/a PEMBERTON APARTMENTS, PARK VILLA, LLC d/b/a EAST VILLA APARTMENTS, PEARL PARTNERS, LP d/b/a COLONY PARK APARTMENTS, COLONY PARK II, LLC d/b/a GRANDE AT COLONY PARK APARTMENTS, ALBERT MOORE HOME BUILDERS, INC. d/b/a COLONIAL TERRACE APARTMENTS, WOOD GLEN, LLC d/b/a WOO...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals....
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THIRD DIVISION ELLINGTON, P. J., ANDREWS and RICKMAN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.g...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNIVERSITY OF COLORADO HEALTH : AT MEMORIAL HOSPITAL, et al., : : Plaintiffs, : Civil Action No.: 14-1220 (RC) ...
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In 2001, police officers arrested Marshall McDaniel while investigating his girlfriend’s murder. McDaniel confessed during postarrest interrogation. After pleading not guilty, McDaniel unsuccessfully attempted to suppress his confession. He was convicted in Illinois state court; *891on direct appeal, the Illinois Appellate Court affirmed. After his state petition for postconviction relief was deni...
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Based on the State’s proper concession of error, we reverse the order denying Appellant’s rule 8.800(a) motion and remand for resentencing in accordance with Kelsey v. State, 206 So.3d 6 (Fla. 2016). REVERSED and REMANDED for re-sentencing. WOLF, LEWIS,'and WETHERELL, JJ., CONCUR....
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concurs with opinion. I agree with the disposition on the merits. However, I write to clarify that, under these facts, rule 9.310(f), Florida Rule of Appellate Procedure, is not the correct procedural vehicle to secure review of the Judge of Compensation Claims’ order denying a stay of proceedings. Appellant filed a Motion for Review of the JCC’s order denying its motion to stay proceedings. The m...
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The petitioner has failed to demonstrate irreparable harm necessary to obtain cer-tiorari relief. As such, we lack jurisdiction, and the petition is dismissed. See generally, CQB, 2010, LLC v. Bank of N.Y. York Mellon, 177 So.3d 644, 645 (Fla. 1st DCA 2015) (citing Bd. of Trs. of Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So.3d 450, 454-55 (Fla. 2012)). DISMISSED. ROBERTS, C.J.,...
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In this workers’ compensation appeal, we reverse one of the three issues presented on direct appeal, and one of the three issues presented in the cross-appeal. We affirm the remaining issues without further comment. In the challenged order, the Judge of Compensation Claims (JCC) excluded the opinion of the expert medical advisor (EMA) about causation of the need for treatment of Claimant’s neck. O...
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ON MOTION FOR REHEARING Ricky Rand seeks rehearing on the basis that we incorrectly relied on objected-to, hearsay testimony of a police officer in reversing the trial court’s decision to suppress evidence in his case. We agree and grant his motion for rehearing, vacate the *662previous panel opinion, and replace it with this opinion affirming the trial court’s decision. I. A Duval County middle s...
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We affirm appellant’s conviction and sentence in this Anders1 appeal but remand for correction of the written judgment to reflect that his conviction for manslaughter with a weapon was reclassified to a first-degree felony due to his use of a knife, pursuant to section 775.087(1), Florida Statutes (2014), as charged in the information. See Stafford v. State, 584 So.2d 138 (Fla. 1st DCA 1991); Jone...
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In this dissolution of marriage proceeding, Mark Ard (the Husband) appeals from the nonfinal order awarding Donna Ard (the Wife) temporary support. Because the record does not contain competent, substantial evidence to support the Wife’s need for temporary alimony, we reverse and remand for further proceedings. Although temporary awards of alimony are within the trial court’s broad discretion, the...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PROGRESSIVE EXPRESS NOT FINAL UNTIL TIME EXPIRES TO INSURANCE COMPANY, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant/Cross-Appellee, v. ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DANIELA ALVES ZAPIOLA, ) ...
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Pursuant to East Avenue, LLC v. Insignia Bank, 136 So.3d 659, 665 (Fla. 2d DCA 2014), we quash the trial court’s partial final judgment. The trial court issued an order granting partial final judgment. The order reserves jurisdiction to decide an interrelated claim in the complaint. Yet, the order allows execution to issue. “Permitting execution prior to completion of the litigation before the tri...
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Filed 2/6/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELATE DISTRICT (Sacramento) ---- HILDA CUENCA et al., Plaintiffs and Appellants, ...
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B.G. seeks reversal of a disposition order in which the trial court withheld adjudication after finding him guilty of resisting an officer without violence, possession of marijuana, and possession of paraphernalia. Because the State failed to prove that the officer who initially detained B.G. was engaged in the lawful execution of a legal duty when he did so, the arrest made during that detention ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DORIS THEWS, ) )...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RODNEY DEWAYNE RYANS, ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LANE A. HOUK, ) ...
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Anthony P. Diecidue appeals the trial court’s award of attorneys’ fees and costs to Allstate-Property and Casualty Insurance Company (Allstate) pursuant to a proposal for settlement (proposal) governed by section 768.79, Florida Statutes (2012), and Florida Rule of Civil Procedure *10171.442. Diecidue asserts that a release form attached to Allstate’s proposal creates ambiguities within the offer ...
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The judgment is affirmed and the case is remanded for the purpose of setting new law days....
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The appeal is dismissed....
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. h...
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaa...
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OPINION This appeal arises out of a dispute between an insurer and claimants under a commercial insurance policy for hurricane damages to two malls. On the insurer’s motion the trial court disregarded jury findings favorable to the plaintiffs based on the jury’s failure to find that the insurer breached the policy, and the trial court rendered judgment that the plaintiffs take nothing. Presuming ...
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SUPPLEMENTAL OPINION On original submission, we reversed the trial court’s 2015 dismissal order, remanded for further proceedings, and ordered that appellee Shana Williams pay all costs incurred by reason of this appeal. Williams now moves for rehearing on the sole ground that Texas Family Code section 231.211(a) bars this court from ordering her to pay court costs. We deny the rehearing motion. ...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ EMERGENCY MOTION TO STAY DEADLINES PENDING RESOLUTION OF APPELLATE PROCEEDINGS REGARDING NATIONWIDE INJUNCTION INTRODUCTION On February 3, 2017, the State of Hawaii (“State”) filed a Complaint for Injunc-tive and Declaratory Relief and a Motion for Temporary Restraining Order (“TRO”) seeking to enjoin enforcement nationwide of Sections 3(c), 5...
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ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT (ECF Nos. 108, 109, 113) Tadios Tessema brings this suit against his union and his former employer because he believes he was fired in violation of a collective bargaining agreement (“CBA”). Tessema drove taxis for the defendants and was a member of the defendant union. When his employer and union entered into a new CBA, Tessema and a number...
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MEMORANDUM OPINION (Granting Defendant’s Partial Motion to Dismiss) THIS MATTER is before the Court on Defendant ORBCOMM, Inc.’s Motion to Dismiss Count Two of Plaintiff CalAmp Wireless Network Corporation’s two-count patent infringement Complaint. (ECF No. 23.) At issue in Count Two is U.S. Patent No. 6,850,839 (“the ’839 Patent”), entitled “Time Sensitive Article Tracking Device.” It claims a s...
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MEMORANDUM OPINION & ORDER Vicki Moore, individually, and in her capacity as Director of the Shelby County Animal Care Coalition, brings suit against Shelby County, Kentucky, d/b/a Shelby County Animal Shelter; Rob Rothenbur-ger, individually and in his capacity as Shelby County Judge Executive; and Leon Federle, individually, and in his official capacity as Shelby County Animal Control Director....
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Kwamane Quason Silas appeals from his judgment and sentence for attempted second-degree murder. He raises several arguments for reversal, only one of which has merit. Silas argues, and the State properly concedes, that the trial court improperly imposed a condition of probation requiring Silas to “obtain” a GED or high school diploma. See Taylor v. State, 185 So.3d 1281, 1281-82 (Fla. 1st DCA 2016...
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This is an appeal from a nonfinal order granting a temporary injunction. The order prohibited the parties from disposing of certain property during the pendency of the litigation. While the order was in place, the parties entered a settlement agreement, and the trial court entered an order purporting to dismiss the underlying case altogether. Below, the appellant has challenged the trial court’s a...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ISSAC G. SANCHEZ, ) ) ...
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MEMORANDUM OPINION AND ORDER INTRODUCTION On August 31, 2012, Defendants Anthony Ofsted, Natalie Bauer,1 and Stacy Krech, three Woodbury, Minnesota, police officers, responded to an emergency call and ultimately shot and killed Mark Henderson. Tawana Henderson, Mark’s mother and trustee for his next of kin, later commenced this action against the officers and the City of Woodbury (“Wood-bury”), al...
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Appellant challenges his judgments and sentences in St. Johns County Circuit Court case numbers 2015-CF-324 and 2015-CF-547. We affirm the judgments and sentences but remand the case to correct a scrivener’s error. Appellant pled no contest, but the amended judgments in both cases, and the amended order of drug offender probation in case number 2015-CF-324, indicate that he entered a plea of guilt...
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The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the November 23, 2016 judgment and sentence in Case No. 2016-CF-1654-B, in the Circuit Court in and for Seminole County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED. COHEN, C.J., and BERGER, J., and JACOBUS, B.W., Senior Judge, concur....
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The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the October 28, 2015, *737judgment and sentence in Case No. 2014-CF-17231-A-0 in the Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED. SAWAYA, EVANDER and LAMBERT, JJ., concur....
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The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the December 17, 2014, judgment and sentence in Case No. 2012-CF-009721, in the Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED. SAWAYA and EVANDER, JJ., and JACOBUS, B.W., Senior Judge, concur....
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Appellant appeals the order summarily denying her motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In the motion, she alleged two grounds of ineffective assistance of counsel. The trial court properly addressed claim one but did not address the second claim. The second claim alleges that Appellant’s attorney was ineffective for failing to move to suppres...
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Advanced Eyecare of Central Florida (“Employer”) appeals from a final order of the Reemployment Assistance Appeals Commission, which affirmed a referee’s decision allowing a terminated employee to receive unemployment benefits. Having carefully considered Employer’s arguments on appeal and the record before us, we affirm. See, e.g., Parker v. Unemploy*681ment Appeals Comm’n, 41 So.3d 1090, 1090 (F...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RODERICK D'ANTHONY WILLIAMS, ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL AS...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM C. MAWHINNEY AND RANDALL A. RALICKI, ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ARMEN J. PILAFJIAN, Appel...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HOVERCRAFT OF SOUTH FLORIDA, LLC, ETC., ...
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FILED United States Court of Appeals Tenth Circuit February 10, 2017 PUBLISH ...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 10, 2017 ...
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Case: 16-30904 Document: 00513868740 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-30904 ...
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Case: 16-30102 Document: 00513869961 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED ...
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Case: 16-10442 Document: 00513869662 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-10442 ...
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Case: 15-30610 Document: 00513869863 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-30610 ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0029p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THE OHIO EDISON COMPANY; FIRSTENERGY ┐ ...
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*815CLAY, J., delivered the opinion of the court in which DONALD, J., joined. KETHLEDGE, J. (pp. 823-25), delivered a separate dissenting opinion. OPINION Plaintiffs Wayside Church, Myron Stahl, and Henderson Hodgens (collectively “Plaintiffs”) appeal the district court’s order granting Defendants’ motion to dismiss the complaint, which asserted that Defendant Van Burén County and its Treasurer, ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DESIGN DATA CORPORATION, a No. 14-16701 Nebraska corporation, Plaintiff-Appellant, D.C. No. 3:12-cv-04131- v. WHO UNIGATE ENTERPRISE, INC., DBA Unigate Steel Detailing, a California corp...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued January 11, 2017 Decided February 10, 2017 No. 16-7055 SINA CHENARI, APPELLANT v. GEORGE WASHINGTON UNIVERSITY, APPELLEE Appeal from the United States Distri...
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United States Court of Appeals for the Federal Circuit ______________________ SHIRE DEVELOPMENT, LLC, SHIRE PHARMACEUTICAL DEVELOPMENT, INC., COSMO TECHNOLOGIES LIMITED, GIULIANI INTERNATIONAL LIMITED, NKA NOGRA PHARMA LIMITED, Plaintiffs-Appellees v. WATSON PHARMACEUTICALS, INC., NKA ACTAVIS, INC...
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Affirmed Concurs Concurs...
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IN THE SUPREME COURT OF IOWA No. 15–0752 Filed February 10, 2017 STATE OF IOWA, Appellee, vs. JAYEL ANTRONE COLEMAN, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate J...
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IN THE SUPREME COURT OF IOWA No. 15–1576 Filed February 10, 2017 STATE OF IOWA, Appellee, vs. CHRISTOPHER D. BROWN, Appellant. Appeal from the Iowa District Court for Scott County, Henry W. Latham II (suppression hearing), John D. Telleen (suppression hearing), Mary E. Howes (bench trial and senten...
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IN THE SUPREME COURT OF IOWA No. 16–1911 Filed February 10, 2017 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. PAUL KEVIN WATERMAN, Respondent. On review of the report of the Grievance Commission of the Supreme Court of Iowa. Grievance commission recommends the s...
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OPINION REVERSING AND REMANDING Canewood Homeowners Association, Inc., brings this appeal from an October 23, 2015, Order of the Scott Circuit Court granting judgment in favor of Wilshire Investment Properties LLC; Proturf Lawn & Landscaping LLC, Proturf: Lawn & Landscape, an unregistered partnership of Donald G. Wilshire and Charles Helms, Jr., Donald G. Wilshire, and Charles Helms, Jr., and the...
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MEMORANDUM OPINION Memorandum Opinion by By nine issues, appellant Smita Chakra-varthy (“Smita”) appeals her conviction for injury to a child causing bodily injury, a third-degree felony. See Tex. Penal Code Ann. 22.04(f) (West, Westlaw through 2015 R.S.). Smita alleges that: (1) the trial court committed reversible error and abused its discretion regarding voir dire time limits; (2) the trial cou...
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ORDER Plaintiff Cynthia Lannon applied for disability benefits and supplemental security income in July 2012, claiming to be disabled since May 25, 2010. (AR 205-15.) The applications were denied. (AR 81-82, 140-54.) A hearing before an Administrative Law Judge (ALJ) was held on April 2, 2014, at which Plaintiff and a vocational expert testified. (AR at 41-80.) The ALJ issued a written decision o...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA ALEX H., ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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A seven-year-old victim told a forensic interviewer that he had been sexually assaulted while Lawrence Steven Maserang *388(“Defendant”) was wearing a dress. Defendant’s defense was that the entire event was fabricated and sought to keep out any evidence that Defendant was indeed a cross-dresser. The court allowed the testimony by the victim’s mother that Defendant was a cross-dresser. Further, th...
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On Remand from the Alabama Supreme Court Jacquees Maurice Boone was convicted of attempted murder, see §§ 13A-6-2 and 13A-4-2, Ala. Code 1975, and was sentenced, as a habitual offender, to life imprisonment. Boone appealed. On appeal, this Court, in an unpublished memorandum, affirmed the judgment of the circuit court. See Boone v. State (No. CR-14-1091, Dec. 11, 2015), 222 So. 3d 416 (Ala. Crim. ...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D069324 Plaintiff and Respondent, v. (Super. Ct. Nos. S...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA WILLIAM BLANCHETTE et al., D070545 Petitioners, (Imperial County ...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H042551 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. FF932426) ...
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WHOLE COURT NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules February...
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Published Order Granting Reinstatement to the Practice of Law On May 15, 2014, this Court entered an order suspending Petitioner for not less than 180 days without automatic reinstatement, effective June 20, 2014. Petitioner filed a petition for reinstatement on October 6, 2015. Following proceedings before a hearing officer, on December 9, 2016, the Indiana Supreme Court Disciplinary Commission, ...
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Published Order Revoking Probation and Imposing Suspension On August 24, 2011, the Court entered an order suspending Respondent from the practice of law for a period of 90 days, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation. Following an initial probation violation, upon joint motion by .the parties the Court entered an order on Apri...
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Published Order Approving Statement of Circumstances and Conditional Agreement for Discipline Pursuant to Indiana Admission and Discipline Rule 23(12.1)(b) (2017), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a “Statement of Circumstances and Conditional Agreement for Discipline” stipulating agreed facts and proposed discipline as summarized below: S...
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would grant and assigns reasons. Ill respectfully dissent and would grant the writ and docket it. In my view, it is necessary to address whether a trial court’s discretionary authority under La. R.S. 9:2801(A)(4)(d) in partitioning community property “upon such terms and conditions as the court shall direct” includes the authority of the trial court to divert a child support obligation, which is a...
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additionally concurs and assigns reasons: hi agree with the Court’s order that the motion for leave to file an amicus curiae *798brief should be denied, as it is not in compliance with Louisiana Supreme Court Rule VII, § 12. Specifically, there is no pending application before this Court involving this defendant’s proceedings, and therefore, no legal recourse we can take in response to counsel’s a...
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| denied. Relator’s application was not timely filed in the district court, and he has failed to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. His application is also repetitive. La.C.Cr.P. art. 930.4. Relator has now fully litigated at least three applications for post-conviction relief in state cour...
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J-S84002-16 2017 PA Super 31 THE HARTFORD INSURANCE GROUP ON IN THE SUPERIOR COURT OF BEHALF OF CHUNLI CHEN, PENNSYLVANIA Appellant v. KAFUMBA KAMARA, THRIFTY CAR RENTAL, AND RENTAL CAR FINANCE GROUP, Appellees No. 976 EDA 2016 ...
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J-A33032-16 2017 PA Super 32 MICHAEL S. ZABLOCKI AND : IN THE SUPERIOR COURT OF MARY JANE ZABLOCKI, : PENNSYLVANIA : Appellants : : v. : ...
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OPINION Appellant Kelly Knott was convicted by a jury of robbery, evading arrest, and escape while under arrest. After pleading true to the alleged enhancements, Knott was sentenced to prison terms of 80, 20, and 35 years respectively, with the sentences to run concurrently. Appellant contends on appeal that the trial court erred in denying his motion to suppress the victim’s identification testim...
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2017 UT App 24 THE UTAH COURT OF APPEALS GREG J. POPE, Appellant, v. CARMEN R. POPE, Appellee. Memorandum Decision No. 20150869-CA Filed February 9, 2017 ...
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2017 UT App 27 THE UTAH COURT OF APPEALS ZACHARY R.E. RUSK, Appellant, v. KASS HARSTAD AND STRINDBERG & SCHOLNICK LLC, Appellees. Per Curiam Decision No. 20161014-CA Filed Februa...
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2017 UT App 26 THE UTAH COURT OF APPEALS DIANE WELTY AND JACOB LOPEZ, Petitioners, v. RETIREMENT BOARD, PUBLIC EMPLOYEES' GROUP TERM LIFE PROGRAM, Respondent. Opinion No. 20150746-CA ...
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No. 115,932 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. GREAT PLAINS OF KIOWA COUNTY, INC., Appellant. ...
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No. 115,487 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MATTHEW B. GRIFFIN, Appellant, v. KARI BRUFFETT, SECRETARY OF THE KANSAS DEPARTMENT ON AGING AND DISABILITY SERVICES, ...
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No. 114,894 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. JOSE ALBERTO GONZALEZ-SANDOVAL, Appellant. ...
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*434MEMORANDUM Before the Court is the plaintiffs motion for a preliminary injunction (EOF No. 3). This motion seeks to enjoin the defendant from, among other things, using or disclosing the plaintiffs software, which the defendant had previously licensed from the plaintiff. For the reasons that follow, the Court will deny the motion for a preliminary injunction without prejudice to the plaintiff...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA CENTRAL RECYCLING ...
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*1216ORDER AND NOW, this 10th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW A VERY BRIEF INTRODUCTION These patent infringement cases, involving seemingly uncomplicated plastic couplers, have now spanned ten years, generated 17 written opinions, scores of substantive orders, two trials, and a contempt hearing.1 The docket entries in the two cases encompass (according to the computer) more than 21,000 pages. I...
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On Second Return to Remand Following Remand-from the Alabama-Supreme Court John Michael Ward appeals the circuit court’s order dismissing his petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P. By an order dated June 29, 2016, and following the remand of this case to. this Court by the Alabama Supreme Court, this Court remanded this case to the Baldwin Circuit Court fo...
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Case: 15-20268 Document: 00513869344 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-20268 ...
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ORDER Plaintiffs Michael Lynch and Lisa Scaro-la, acting pro se, have filed a complaint alleging that various defendants engaged in a RICO conspiracy to swindle Carlton Lynch—Michael’s father and Lisa’s uncle—out of his home and other property. They also assert that the defendants violated Carlton Lynch’s civil rights. Before the Court are two motions to dismiss, one brought by Defendants Sreelek...
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Case: 15-41744 Document: 00513869534 Page: 1 Date Filed: 02/09/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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OPINION I. INTRODUCTION This action arises out of the filing of Abbreviated New Drug Application (“ANDA”) No. 207583 by defendant Paddock Laboratories, LLC seeking to produce and market a generic testosterone undecanoate intramuscular injection. (D.I. 67 at ¶ 10) On November 20, 2014, plaintiffs Endo Pharmaceuticals Solutions Inc., Bayer Intellectual Property GmbH, and Bayer Pharma AG (collective...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE In re GRACE P. et al., Persons B275689 Coming Under the Juvenile Court Law. (Los Angeles County ______________________________ Super. Ct. No. DK00969) LOS AN...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- MERCURY CASUALTY COMPANY, C077116, C078667 ...
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Filed 2/10/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CLAY JOSEPH JONES, C079496 ...
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Slip Op.17-15 UNITED STATES COURT OF INTERNATIONAL TRADE ALLSTAR MARKETING GROUP, LLC, Plaintiff, Before: Mark A. Barnett, Judge v. Court No. 13-00395 UNITED STATES, Defendant. ...
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OPINION AND ORDER Petitioner, Carlos Rodriguez-Orellana (“petitioner”), submitted a federal motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255 (“the motion”), on September 19, 2013. ECF No. 1. In the motion, petitioner appears to raise the following claims: (1) in light of the U.S. Supreme Court’s decision in Alleyne v. United States, 570 U.S. -, 133 S.Ct. 2151, 186 L....
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OPINION AND ORDER By an Indictment, dated June 30, 2016, a grand jury has charged defendants Gerald Mata-Peña (“Mata”) and Domingo Ramos-Hernández (“Ramos”) with Possession of Cocaine with Intent to Distribute, 21 U.S.C. § 841(a)(1), and Possession of a Firearm in Furtherance of a Drug-Trafficking Crime, 18 U.S.C. § 924(c)(1)(A). ECF No. 5 at 1-2. The grand jury also charged Ramos with Being an I...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PATRICIA MORRISON, Appellant, v. ...
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would grant and assigns reasons _jjl respectfully dissent from the denial of this writ application and would grant the defendant’s writ application to reverse the trial court’s ruling. Specifically, I find that under La. C.E. Art. 508, the deposition testimony of Vulcan’s Vice President and Associate General Counsel “is essential to the successful completion of an ongoing investigation, is essenti...
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The following order has been entered on the Motion for Extension of Time to File Reply Brief filed on the 8th of February 2017 by Plaintiff Reply:"Motion Allowed by order of the Court in conference, this the 9th of February 2017."Plaintiff shall have up to and including the 16th day of March 2017 to file and serve his/her brief with this Court....
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ORDER The Disciplinary Review Board having filed with the Court its decision in DRB 16-004, concluding that KEITH O. MOSES, formerly of JERSEY CITY, who was admitted to the bar of this State in 1990, and who has been suspended from the practice of law since February 7, 2014, pursuant to Orders of the Court filed January 8, 2014, and May 19, 2016, should be censured for violating RPC 8.1(b) (failur...
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2017 UT App 28 THE UTAH COURT OF APPEALS DAVID FULLER, RUTH M. FULLER, AND FULLER'S APPLIANCE PARTS AND SERVICE LLC, Appellants, v. DENISE BOHNE AND WESTERN STATES INSURANCE AGENCY, Appellees. Opinion No...
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OPINION & ORDER This decision resolves a summary judgment motion in this case of alleged police misconduct. Plaintiff Arturo Cruz brings claims under 42 U.S.C. § 1983 and New York law, alleging that the City of New York (the “City”), New York City Police Department (“NYPD”) Officer Eugene Donnelly, and unidentified NYPD officials violated his civil rights under, inter alia, the federal and New Yo...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 14-2628 CHARLES BEAL, JR., Plaintiff-Appellant, v. JAMES BELLER and MATTHEW STRELOW, Defendants-Appellees. ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ Nos. 16-1384, -1385, -2248, -2249, -2330 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MINAS LITOS and ADRIAN and DANIELA TARTAREANU, ...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 16-2000 DOUGLAS A. BIRD, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant-Appel...
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John Duke (“Former Husband”) appeals the trial court’s final judgment dissolving his marriage to Heather Duke (“Former Wife”). We reverse the alimony award, the attorney’s fees award, the requirement that Former Husband maintain life insurance, and the parenting plan. We affirm as to the remaining issues without comment. The parties were married for twenty-five years before Former Wife filed a pet...
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RULING DENYING DEFENDANT’S MOTION IN LIMINE TO EXCLUDE GOVERNMENT EXHIBIT # 201V The advent of the Internet has posed any number of new legal questions, including whether evidence taken from a search of the Internet is admissible at trial. Suppose, for example, that a police officer runs a Google search and finds an image that is relevant to proving the identity of someone who committed a crime. I...
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ORDER This matter is before the Court on Defendants Jeffrey and Holly Littrell’s application to proceed in forma pauperis on appeal. (Dkt. 20.) For the reasons addressed below, the Court vacates Defendants’ notice of appeal, vacates the Clerk of Court’s entry of default and entry of default judgment, and denies as moot Defendants’ application to proceed in forma pauperis on appeal. BACKGROUND Jef...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOSEPH MICHAEL MOODY, Appellant, v. ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARCO ANTONIO RODRIGUEZ, Appellant, v. ...
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OPINION AND ORDER Plaintiff Suzanne E. Sutherland seeks judicial review of the partially favorable decision of the Commissioner of Social Security denying her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-403. This Court has jurisdiction pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). For the reasons that follow, I reverse the Com...
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ORDER ADOPTING MAGISTRATE JUDGE GOODMAN’S REPORT AND RECOMMENDATION THE MATTER was referred to the Honorable Jonathan Goodman, United States Magistrate Judge, for a Report and Recommendation on Plaintiffs Motion to Remand [ECF No. 8]. Magistrate Judge Goodman filed a Report and Recommendation [ECF No. 25], recommending that this Court grant the Motion and remand this case to state court. The Cour...
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FOURTH DIVISION ELLINGTON, P. J., BRANCH and MERCIER, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://ww...
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MEMORANDUM AND ORDER * This matter is before the court on Petitioner Susan M. DeJong’s (“DeJong”) Petition for Writ of Habeas Corpus. (Filing No. 1.) With the court’s permission, De-Jong subsequently filed an amended petition. (Filing No. 11; Filing No. 13.) For the reasons that follow, the court will dismiss DeJong’s habeas petition and amended petition with prejudice. Liberally construed, DeJon...
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I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a ...
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ORDER RE PLAINTIFF’S MOTION TO REMAND Re: Dkt. No. 17 Pending- before this court is Plaintiff SWC, Inc. (“SWC”)’s motion to remand. [Docket No. 17]. The court held a hearing on February 9, 2017. For the following reasons, the court grants SWC’s motion to remand, and denies Defendant Elite Promo, Inc.’s (“Elite Promo”) pending motion to dismiss [Docket No. 5] as moot. SWC’s request for attorneys’ ...
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DECISION AND ORDER The plaintiffs in this civil rights action under 42 U.S.C. § 1983 áre protestors and activists who allege that their fundamental rights to freedom of speech and to equal protection of the laws were violated during demonstrations on the campus of the State University of New York at Buffalo. Plaintiffs were protesting abortion by exhibiting photo-murals containing large, horrific...
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MEMORANDUM OPINION I. INTRODUCTION In this action, two executors to their late mother’s estate have sued the United States seeking abatement and reimbursement of a penalty that was assessed after the executors were late in filing the estate’s tax returns. The executors did not simply neglect to comply with a deadline that was known to them. To the contrary, the executors filed the return on the da...
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MEMORANDUM AND ORDER This is an action against the University of Kansas (“KU”) under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. Before the court is KU’s Motion to Dismiss First Amended Complaint (Dkt. 25) and plaintiffs Motion for Leave to File Second Amended Complaint (Dkt. 28). For the reasons stated below, the court grants in part and denies in part defendant’s moti...
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ORDER GRANTING IN PART AND DENYING IN PART KING COUNTY’S MOTION FOR SUMMARY . JUDGMENT AND DENYING TRAVELERS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff King County brings this insurance action against, inter alia, The Travelers Indemnity Company and Travelers Casualty & Surety Company, fTk/a The Aetna Casualty and Surety Company (collectively, “Travelers”).1 King County alleges that T...
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
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Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division denied....
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Petition for writ of certiorari to the Court of Appeals of Georgia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas dismissed as moot....
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On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Honeycutt v. United States, 581 U.S. ----, 137 S.Ct. 1626, 198 L....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petitions for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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On petition for writ of certiorari to the Court of Criminal Appeals of Alabama. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Criminal Appeals of Alabama for further consideration in light of the position asserted by the respondent in its brief filed on May 10, 2017.THE CHIEF JUSTICE, wit...
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of habeas corpus denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari before judgment to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, Division One denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the Supreme Court of Minnesota denied....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid...
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office denied....
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Petition for writ of mandamus and/or prohibition denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinio...
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Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 02/10/2017 09:11 AM CST - 814 - Nebraska Supreme Court A dvance Sheets 295 Nebraska R eports IN RE INTEREST OF LUZ P. ET AL. ...
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ORDER re Motion to Suppress (ECF No. 16) I. SUMMARY Defendant Carlos Rivera (“Rivera”) was arrested and charged with one count of being a felon in possession of a firearm. Before the Court is Rivera’s Motion to Suppress (“Motion”). (ECF No. 16.) The Government filed a response (ECF No. 18) to which Rivera replied (ECF No. 21). The Court held an evidentiary hearing on February 6, 2017 (“Hearing”). ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on a motion by Defendant, Eli Lilly and Company, to dismiss the complaint pursuant to Fed. R. Civ. P. 8(a), 9(b), and 12(b)(6) [DN 13]. Fully briefed, this matter is ripe for decision. I. STANDARD OF REVIEW Upon a motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), a court “must construe ...
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MEMORANDUM OPINION AND ORDER Plaintiffs, PI Telecom Infrastructure V, LLC, Célico Partnership d/b/a Verizon Wireless, and Albert Burke, (collectively as the Applicants), challenge the Defendant’s, the Georgetown-Scott County Planning Commission (the “Commission”), denial of their application to construct a cell phone tower on a 36.5 acre tract of land in Scott County, Kentucky, as viola-tive of t...
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Case: 15-40428 Document: 00513871870 Page: 1 Date Filed: 02/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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In the United States Court of Appeals For the Seventh Circuit ____________________   Nos.  15-­‐‑2204  &  16-­‐‑1864   MARGARITA  DEL  PILAR  FITZPATRICK,   Petitioner,   v.   JEFF  SESSIONS,  A...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2855 ___________________________ Elliot Kaplan; Jeanne Kaplan lllllllllllllllllllll Plaintiffs - Appellants ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3772 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1518 ___________________________ Paul Gerlich; Erin Furleigh lllllllllllllllllllll Plaintiffs - Appellees ...
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STATE OF MINNESOTA IN COURT OF APPEALS A15-1991 In re the Marriage of: Joshua Ryan Beckendorf, petitioner, Respondent, vs. Jorda...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0265 State of Minnesota, Respondent, vs. Jacob Michael McKinley, ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0646 In the Matter of the Application of J. M. M. o/b/o Minors for a Change of Name Filed February 13, 2017 ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0698 In re the Matter of: Birch Benjamin Hansen, petitioner, Appellant, vs. Suzanne Christine Todnem, ...
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STATE OF MINNESOTA IN COURT OF APPEALS A16-0770 Pamela Maslowski, Respondent, vs. Prospect Funding Partners LLC, ...
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OPINION After Constance Montgomery died during her post-operative stay at a rehabilitation hospital, her husband Richard Montgomery filed healthcare-liability claims against Constance’s surgeon and the hospital. The district court denied the hospital’s motions to dismiss for failure to file an expert report, and the hospital has appealed. In the first of the hospital’s two interlocutory appeals, ...
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NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinio...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 13, 2017 ...
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Case: 14-12790 Date Filed: 02/13/2017 Page: 1 of 19 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-12790 ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0031p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT MAXXIM REBUILD COMPANY, LLC, ┐ Petitione...
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Willie Long pled guilty to being a felon in possession of a firearm. Thereafter, *918Long sought collateral relief, arguing that his trial attorney provided ineffective assistance of counsel. Unfortunately for Long, his plea agreement contained a provision waiving his right to collaterally attack his conviction and sentence. For that reason, the district court summarily denied his claim. On appeal...
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United States Court of Appeals for the Federal Circuit ______________________ AMERICAN TUBULAR PRODUCTS, LLC, JIANGSU CHENGDE STEEL TUBE SHARE CO., LTD., Plaintiffs-Appellants v. UNITED STATES, UNITED STATES STEEL CORPORATION, TMK IPSCO, WHEATLAND TUBE COMPANY, V & M STAR L.P., Defendants-Appellees ...
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Opinion concurring in part, dissenting in part filed by Circuit Judge O’MALLEY. MPHJ Technology Investments, LLC appeals the decision of the Patent Trial and Appeal Board (“Board” or “PTAB”), on Inter Partes Review, that claims 1-8 of MPHJ’s U.S. Patent No. 8,488,173 (“the T73 Patent”) are invalid on the grounds of anticipation or obviousness.1 On appellate review, we affirm the Board’s decision. ...
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PHILIP R. SHAWE, § § No. 487, 2016 Plaintiff/Respondent § Below-Appellant, § Court Below–Court of Chancery § of the State of Delaware v. § ...
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Court Below — Superior Court of the State of Delaware, Cr. ID No. 1311014669 DISMISSED....
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jaime Serrano, : Petitioner : : v. : No. 2684 C.D. 2015 : Argued: December 15, 2016 Workers' Compensation Appeal ...
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J-A23030-16 2017 PA Super 33 TAMMY GREELY, ADMINISTRATRIX OF IN THE SUPERIOR COURT OF THE ESTATE OF RALPH GREELY, PENNSYLVANIA DECEASED Appellant v. WEST PENN POWER COMPANY AND WEST PENN POWER COMPANY D/B/A ALLEGHENY POWER Appe...
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MEMORANDUM OPINION AND ORDER When this multiparty declaratory judgment action brought by Chicago lawyer Merle Royce (“Royce”) came to this Court’s calendar via this District Court’s computer-driven random assignment system, the case did not appear to pose an unduly daunting task. To be sure, it called for three determinations as to various individuals’ and entities’ rights to share in the $4.2 mil...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) UNITED STATES OF AMERICA, ) ) ) v. ) Criminal Action No. 11-cr-357-1 (RMC) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) SALINI COSTRUTTORI S.P.A., ) ) ) Petitioner, ) ...
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  UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JEFFREY B. NIX EL, : : Plaintiff, : Civil Action No.: 16-0443 (RC) : v. ...
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PHILIP R. SHAWE and SHIRLEY § SHAWE, § No. 423, 2016 § § Respondents Below- § Appellants, § Court Below–Court of Chancery ...
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In the United States Court of Federal Claims No. 07-589C (Filed: February 13, 2017)* *Opinion originally filed under seal on February 1, 2017 ) JEFFREY B. KING, SCOTT A. ) AUSTIN, KEVIN J. HARRIS, and ) JOHN J. HAYS, on their own be...
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Rule Of The United States Court Of Federal Claims (“RCFC”) 30(b)(4) (Notice Of Deposition By Remote Means). MEMORANDUM OPINION AND ORDER On January 19, 2017, Plaintiff submitted a Motion To Compel Witnesses To Testify At Depositions Via Remote Means (“PI. Mot.”), attaching several exhibits in support (“PI. Mot. Exs. 1-8). Plaintiff seeks to depose four witnesses located out of the Washington,...
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ORDER This matter is before the court on defendants’ motion for summary judgment (DE 34), plaintiffs motions to strike and to seal (DE 71, 79, 88), and defendants’ motion to strike in the alternative (DE 90). The motions have been fully briefed and are ripe for ruling. For the following reasons, the court grants in part and denies in part plaintiffs motions, denies as Inoot defendants’ motion to s...
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ADOPTION ORDER On July 1, 2015, the Plaintiff Press Clean Sales LLC (the “Plaintiff’) commenced this action against the Defendant Maxum Trans Inc. (the “Defendant”) pursuant to the Carmack Amendment, 49 U.S.C. § 14706 et seq., to recover losses caused by a damaged shipment. On December 3, 2015, the Clerk of the Court noted the default of the Defendant. On June 6, 2016 the Plaintiff moved for defa...
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Decision & Order In this case, the Plaintiff John the Greek Co., Inc. (the “Plaintiff’) alleges that the *357Defendant Eaternity LLC d/b/a Local Thyme (“Eaternity”) and its principal, the individual Defendant Stefan Hilderbrandt (“Hilderbrandt”), failed to pay for certain wholesale quantities of produce, in violation of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499a et seq....
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OPINION & ORDER Plaintiff CCM Rochester, Inc., a registered investment advisor formerly known as Clover Capital Management, Inc. (“CCM” or “Clover”), sued Defendant Federated Investors, Inc. (“Federated”), for damages arising out of Federated’s acquisition of Clover. Plaintiff claims that Federated fraudulently induced Clover into the acquisition contract and that Federated breached the implied c...
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OPINION P.J.A. appeals from the order entered September 18, 2015, in the Court of Common Pleas of Lehigh County, sustaining the preliminary objections of H.C.N. and dismissing P.J.A.’s amended complaint with prejudice. P.J.A.’s amended complaint set forth an abuse of process action and a “Dragonetti” action.1 P.J.A. claims the trial court erred in (1) holding that P.J.A.’s abuse of process claim ...
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MEMORANDUM OPINION AND ORDER In 2012, Plaintiff PetEdge, Inc. (“Pe-tEdge”), a pet supply company, hired The Principal Consulting, Inc. (“TPC”) to implement a new software system that it had licensed from SAP America, Inc. According to PetEdge, TPC’s work on this project was a "train wreck,” resulting in millions of dollars of damages. TPC is not currently a party to this action. Instead, PetEdge ...
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MEMORANDUM OPINION AND ORDER The plaintiff, Commerzbank AG (“Com-merzbank”), allegedly made 74 investments in 50 residential mortgage-backed securities (“RMBS”) trusts (the “Trusts”) for which the defendant, Deutsche Bank National Trust Company (“Deutsche Bank”), served as trustee. Commerzbank seeks to hold the defendant liable for the poor performance of Commerzbank’s investments in the Trusts, ...
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OPINION & ORDER Pro se Plaintiff Gene A. Lefebvre (“Plaintiff’) filed the instant Second Amended Complaint (“SAC”) against Jonathan P. Morgan, Robert E. Levin, Robert K. Palmer, James Barron, Karim Adeen-Hasan, and Daniel J. Cunningham (collectively, “Defendants”), bringing claims under 42 U.S.C. § 1983 for violations of Plaintiffs constitutional rights to due process, privacy, and free speech. B...
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2017 UT App 25 THE UTAH COURT OF APPEALS REPEREX INC., BRAD BALL, AND DAVID BALL, Appellants, v. CHILD, VAN WAGONER & BRADSHAW; J. RUSSTON BRADSHAW; COLDWELL BANKER COMMERCIAL; AND DUANE BUSH, Appellees. Opinion ...
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ORDER Plaintiff Gracie K. Bearden filed this action against the State of Oklahoma, ex rel. Board of Regents of the University of Oklahoma (“University”) alleging that the University violated the Americans with Disabilities Act of 1990 (“ADA”) and Section 504 of the Rehabilitation Act (“Rehab Act”) when, while she was a nursing student, it failed to accommodate her disabilities. The University has...
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ORDER GRANTING MOTION TO TOLL STATUTE OF LIMITATIONS Before the Court is Plaintiff, Michael Kutzback, and the Opt-in Plaintiffs’ (Collectively “Plaintiffs”) Motion to Toll Statute of Limitations. (D.E. #176) (“Second Motion to Toll”). The instant motion was referred to the United States Magistrate Judge for determination. (D.E.#180). For the reasons set forth herein, the instant motion is GRANTED...
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MEMORANDUM AND ORDER This matter is before the Court on mov-ant Ortez Jones’ motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, based on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Johnson held that the Armed Career Criminal Act’s (“ACCA”) residual clause is unconstitutional. The government opposes the motion, arguing that Johnson does not aff...
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OPINION & ORDER Plaintiffs John Panzella (“Panzella”) and Joemark Enterprises, LLC (“Joemark”) (collectively, “Plaintiffs”) filed this Action pursuant to 42 U.S.C. § 1983 against the City of Newburgh (the “City”), alleging that the City denied them equal protection of the law out of a malicious, bad-faith intent to destroy their businesses. (Am. Compl. ¶ 3 (Dkt. No. 13).)1 Before the Court is the...
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OPINION AND ORDER Before the Court is a motion to suppress evidence seized from the home of defendant Peter Toledo Rivera (“defendant”) during the execution of a search warrant issued by a judge of the Puerto Rico Court of First Instance. ECF No. 35. Defendant contends that the affidavit submitted in support of the warrant fails to establish probable cause and, as a result, the evidence seized mus...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO REMAND I. INTRODUCTION Plaintiff filed this case as a breach of contract action. Pending before the Court is Plaintiffs motion to remand this case to the South Carolina Court of Common Pleas for Greenville County. Having carefully considered the motion, the response, the reply, the record, and the applicable law, the Court will grant Pla...
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Affirmed Concurs Concurs...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Now before the Court is the motion by defendant Oakland School for the Arts (“OSA”) to dismiss plaintiff I.H.’s complaint. Docket No. 22. Pursuant to Civil Local Rule 7-l(b), the Court determines *990that this matter is appropriate for resolution without oral argument and hereby VACATES the hearing set for February 17, 2017. For the reasons set forth b...
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by the Petitioner, are: (1) Whether this Honorable Court should grant allocatur in a case of first impression in this Court and one of substantial public importance to consumer health and safety requiring prompt resolution involving the length of an automatic license suspensi...
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is DENIED,...
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ORDER AND NOW, this 13th day of February, 2017, the Application for Extraordinary Relief is DENIED....
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*356MEMORANDUM AND ORDER ,, Pursuant to 42 U.S.C. § 405(g), Rudy Young seeks judicial review of the final administrative decision of the Commissioner of'Social Security denying his claim for Disability Insurance Benefits and Supplemental Security Income. (EOF No. 9). Mr. Young contends that the Commissioner erred as a matter of law because his decision was not based on substantial evidence. (ECF ...
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Nathaniel Harper an Illinois prisoner sued a prison doctor, Venerio Santos, and nurse, Terri Dean, for deliberate indifference towards his pain following nine abdominal surgeries, the management of his diet, and inattention to a possible renal cell tumor. See 42 U.S.C. § 1988. The district court granted summary judgment for the defendants, concluding that Harper had not produced evidence from whic...
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Court Below: Superior Court of the State of Delaware, C.A. No. S15-07-014 AFFIRMED....
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ORDER Pending before the Court is the motion to dismiss of Defendants Alhambra School District No. 68, Robert Zamora, Ray Martinez and Mari Alvarado.1 (Doc. 18.) For *976the following reasons, Defendants’ motion is granted in part and denied in part. BACKGROUND Plaintiff Karen Williams began employment with Defendant Alhambra School District (“Alhambra” or “the District”) as Alhambra’s Superinten...
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Memorandum Opinion and Order In this action, a group of registered voters in the City of Chicago, several of whom are parents or grandparents of Chicago Public Schools students and/or have served on Local School Councils (“LSCs”), challenge Section 34-3 of the Illinois School Code, 105 ILCS 5/34-3, also known as the Chicago School Reform Amendatory Act of 1995. Plaintiffs allege that the appointiv...
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Petition for writ of mandamus denied....
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ORDER This matter is before the court on defendant Crane Co.’s (“Crane”) motion for summary judgment. For the reasons stated below, the court denies Crane’s motion. I. BACKGROUND Plaintiff James Wilson Chesher (“Chesher”), a former machinist mate and a commissioned officer in the U.S. Navy, together with his wife, plaintiff Cheryl Ann Chesher (together “plaintiffs”), allege that Chesher’s exposur...
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the Supreme Court of Oklahoma dismissed. See Rule 39.8....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit dismissed. See Rule 39.8....
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Petition for writ of certiorari to the Supreme Court of Mississippi denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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MEMORANDUM AND ORDER Continuing with its recent discovery rulings, the Court now addresses Plaintiffs’ Motion to Compel Defendants’ Production of Documents Responsive to Plaintiffs’ First Set of Requests for Production, Defendants’ Responses to Plaintiffs’ First Set of Interrogatories, and Defendants’ Answers to Plaintiffs’ First Set of Requests for Admissions. (EOF No. 125-1.) The Court has cons...
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*1357Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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laThis suspensive appeal by defendant, The Dow Chemical Company (Dow), presents two assignments of error challenging the trial court’s final judgment in this groundwater contamination case. Plaintiffs, through representatives Troy Robichaux and Marva Fefee, answered Dow’s appeal and then lodged a devolutive appeal of their own. Plaintiffs’ appeal raises thirty-one assignments of error attacking th...
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| ¿The plaintiff, Zaine Kasem (Kasem), appeals a judgment that granted summary judgment in favor of the defendants, Joyce B. Williams, H.R. Williams Cattle Company (HRW), (defendants), and their insurer, State Farm and Fire Casualty Company, and dismissed Kasem’s claims against them for injuries she sustained allegedly when she was “run over” by a cow that had gotten loose from a herd co-owned by ...
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Memorandum Opinion and Order MaxPoint Interactive, Inc. (“MaxPoint,” or the “Company”) made an initial public offering of common stock in March 2015. In this putative class. lawsuit brought against MaxPoint, several of its executive officers and directors (the “Individual Defendants,” together with MaxPoint, “Company Defendants”), and underwriters (the “Underwriter Defendants,” together with Comp...
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MEMORANDUM OPINION In this insurance coverage dispute, Encompass Independent Insurance Company (“Encompass”) seeks a declaratory judgment that it has no obligation to defend or indemnify Tanya Dombrosky (“Dombro-sky”) in connection with a personal injury action that Matthew Green (“Green”) filed against Dombrosky in Virginia state court. The- case is presently before the court on cross-motions fo...
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OPINION AND ORDER Why would the executives (and former principals) of a paddle-board division of a sports and recreation company cause the company to make a one-time $60,500 purchase of one million stickers that the executives themselves immediately attempted to repurchase from the company for approximately $4 million? The answer is that they thereby hoped to stick the company with a $10 million ...
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The following order has been entered on the motion filed on the 9th of February 2017 by Plaintiff for Temporary Stay:"Motion Allowed by order of the Court in conference, this the 13th of February 2017."Defendant (NCDHHS) shall have up to and including the 29th day of March 2017 to file and serve his/her brief with this Court....
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*379MEMORANDUM AND ORDER Plaintiffs, Benjamin Case, Elizabeth Catlin, Jennifer Klein, and Mark Kushneir, bring this action pursuant to 42 U.S.C. § 1983 against the City of New York (the “City) and nine individual defendants employed by the New York City Police Department (“NYPD”), alleging that their constitutional rights were violated in connection with their participation in an Occupy Wall Stre...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES ex rel. LANDIS, Plaintiffs, v. Case No. 1:10-cv-00976 (CRC) TAILWIND SPORTS CORP., et al., Defendants. MEMORA...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. Civil Action No. 12-1905 (RDM) SUM OF $70,990,605, et al., Defendants. MEMORANDUM OPINION AND ORDER ...
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Case: 15-51061 Document: 00513872749 Page: 1 Date Filed: 02/13/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-51061 F...
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Appellant, Elijah Terrell McCool, appeals his sentence for felony battery, arguing that the trial court erred in denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). We agree with Appellant that his 2016 sentencing scoresheet erroneously included a sixth “prior record” misdemeanor. In doing so, we reject the State’s argument that the error was harml...
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In this Anders appeal, we affirm the trial court’s order revoking probation and the resulting sentence. We remand, however, for correction of a scrivener’s error in the written order of revocation. The trial court’s order incorrectly referenced “conditions 7 & 6” rather than conditions five and six as alleged in the affidavit of violation and as orally pronounced at the hearing. On remand, the cou...
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In this Anders appeal, we affirm the trial court’s order revoking probation and the resulting sentence. We remand, however, for correction of a scrivener’s error in the written order of revocation. The trial court’s order incorrectly referenced “conditions 7 & 6” rather than conditions five and six as alleged in the affidavit of violation and as orally pronounced at the hearing. On remand, the cou...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STEPHEN TRUSTY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-1233 ...
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The petition seeking a belated appeal of the judgment and sentence rendered on *686May 23, 2016, in Leon County Circuit Court case number 2014-CF-000486, is granted. Upon issuance of mandate, a copy of this opinion shall be furnished to the clerk of the lower tribunal for treatment as a notice of appeal. The court notes that the lower tribunal has entered an order appointing the Office of the Publ...
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As in Cannon v. State, 206 So.3d 831 (Fla. 1st DCA 2016), we reverse and remand for the trial court to address the motion pursuant to rule 3.850. REVERSED AND REMANDED. B.L. THOMAS, OSTERHAUS, and BILBREY, JJ„ CONCUR....
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaap...
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FOURTH DIVISION ELLINGTON, P. J., BRANCH and MERCIER, JJ. NOTICE: Motions for reconsideration m us t be physically re ceived in our clerk's office within ten days of the date of decision to be deemed timely filed. ...
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 14-1-0790) SUMMARY DISPOSITION ORDER Affirmed....
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Michael Shipley appeals the circuit court’s order, requiring him to pay attorney fees in the amount of $2,250 for his eight frivolous claims seeking the enforcement of federal court orders from the Eighth Circuit as foreign judgments. Because of the grievous shortcomings of Shipley’s brief, which prevent us from determining what his complaint is, we dismiss Shipley’s appeal. Shipley appears pro se...
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Introduction George Lombardi, in his official capacity as Director of the Missouri Department of Corrections (“the DOC”) appeals the judgment of the Circuit Court of Cole County, Missouri (“trial court”) in favor of Joan Bray which awarded attorney’s fees to Bray, pursuant to Section 610.027, RSMo Cum. Supp. 2013, specifically due to the trial court’s conclusion that the DOC violated the Sunshine ...
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Appellant Mary I. Green (“Green”) appeals from the grant of summary judgment by the Circuit Court of Cole County in favor of Respondent Shara D. Shiver-decker (“Shiverdecker”). In her petition, Green asserted two causes of action: (Count 1) Petition in Equity for Reformation of Written Agreement and for Declaratory Judgment Determining Balance Due; and (Count 2) Alternative Petition for Declarator...
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CONCURRING OPINION BY The issue in this case is whether a person using a county computer to conduct title searches whose foot becomes entangled in computer cables and wires under the computer cubicle when she stood up causing her to fall and injure herself can maintain an action under the real property exception to governmental immunity. That provision provides that a local agency, like the county...
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COURT OF APPEALS OF VIRGINIA Present: Judges Decker, AtLee and Malveaux PUBLISHED Argued at Richmond, Virginia ALFRED BANKS, JR. OPINION BY v. Record No. 2055-15-2 JUDGE MARLA GRAFF DECKER ...
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ORDER BEFORE THE COURT is Defendant’s Motion for Summary Judgment (Dkt. 28), Plaintiff’s response in opposition, (Dkt. 41), and Defendant’s reply. (Dkt. 44). Upon consideration, Defendant’s motion is GRANTED on Plaintiffs FMLA retaliation, ADA, and FCRA claims, and DENIED on his FMLA interference claim. I. BACKGROUND Plaintiff worked in sales for Defendant. (Dkt. 28 at p. 4; Dkt. 41 at p. 1). His...
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1st Dept: 144 AD3d 437 denied...
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On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for poor person relief dismissed as academic. Judge Wilson taking no part....
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Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1044 (2016)]. Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Wilson taking no part....
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2d Dept: 144 AD3d 799 denied...
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MEMORANDUM OPINION In this civil action, the Commonwealth of Virginia (“Commonwealth”) alleges that Executive Order 13,769, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“the EO”), violates the First and Fifth Amendments to the United States Constitution, as well as the Immigration and Nationality Act and Religious Freedom Restoration Act. Before the Court ...
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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1st Dept: 140 AD3d 544 denied...
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4th Dept: 144 AD3d 1672 denied...
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Motion to dismiss appeal denied. *1178Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution (see Cuadrado v New York City Tr. Auth., 65 AD3d 434 [2009], Iv dismissed 14 NY3d 748 [2010]). Judge Wilson taking no part....
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Motion for reargument of motion for leave to appeal denied [see 28 NY3d 908 (2016)]. Judge Wilson taking no part....
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Motion for reargument of motion for leave to appeal dismissed as untimely (see Rules of Ct of Appeals [22 NYCRR] § 500.24 [b]) [see 28 NY3d 905 (2016)]. Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Wilson taking no part....
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2d Dept: 141 AD3d 632 denied...
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2d Dept: 143 AD3d 684 denied...
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On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief etc. d...
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*1180Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic. Judge Wilson taking no part....
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Motion by The Legal Aid Society et al. for leave to appear amici curiae on the motion for leave to appeal herein granted and the brief is accepted as filed. Judge Wilson taking no part....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic. Judge Wilson taking no part....
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On the Court’s own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the *1181order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Wilson taking no part....
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 8, 2016 Decided February 14, 2017 No. 15-3053 UNITED STATES OF AMERICA, APPELLEE v. JEFFREY NORMAN JACKSON, APPELLANT Appeal from the United S...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued September 6, 2016 Decided February 14, 2017 No. 15-5117 NATIONAL SECURITY COUNSELORS AND JEFFREY STEIN, APPELLANTS v. UNITED STATES DEPARTMENT OF JUSTICE, APPELLEE Appeal from the Un...
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In the United States Court of Federal Claims No. 13-834C No. 16-1297C (REISSUED February 24, 2017)1 ) DONALD MARTIN, JR., et al, ) ) Cros...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RANDY L. FOX, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO....
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We treat appellees’ response in lieu of answer brief as a confession of error, and find it to be well taken. Accordingly, the order compelling arbitration is REVERSED on the authority of Mendez v. Hampton Court Nursing Center, LLC, 203 So.3d 146 (Fla. 2016), and the matter is REMANDED for further proceedings. LEWIS, BILBREY, and WINOKUR, JJ., CONCUR....
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On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Judge Wilson taking no part....
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Mand.den....
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Hab.Corp.den....
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Hab.Corp.den....
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Hab.Corp.den....
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ORDER J.W. (“Father”) appeals from the trial court’s Judgment terminating Father’s parental rights to his son B.W.D. on the grounds of abandonment under Section 211.447.5(l)(b), RSMo 2000. We affirm. We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detaile...
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ORDER Richard Leonard was found guilty as the result of a bench trial in the Circuit Court of St. Louis County of one count of first-degree assault, one count of first-degree robbery, and two counts of armed criminal action arising out of a drug deal turned shooting and theft. The trial court sentenced Leonard to four concurrent terms of life imprisonment. Leonard appealed his convictions in State...
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ORDER Defendants Dave and Catrenia Dawn Campbell (“The Campbells”) appeal from the trial court’s amended judgment nunc pro tunc, awarding a judgment for subdivision assessments and attorney fees to Woodland Lakes Trusteeship, Inc. (“Woodland Lakes”). Following a federal lawsuit that the Campbells filed against Woodland Lakes, Plaintiff/Respondent Woodland Lakes sued the Campbells in a state circui...
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ORDER Earnest Eli Holt, Sr. appeals the judgment denying his Rule 29.15 motion for post-conviction relief. We find that the motion court’s findings of fact and conclusions of law are not clearly erroneous. No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the motion court ...
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ORDER Jerry Beck appeals the denial of his motion for post-conviction relief following an evidentiary hearing. Beck alleges three claims of ineffective assistance of counsel: 1) trial counsel failed to object and request a mistrial during the State’s opening statement and during trial when the State presented inadmissible evidence of uncharged misconduct; 2) appellate counsel failed to assert on d...
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Vincent M. Trapani (“Trapani”) appeals from the judgment of the Circuit Court of Cole County denying his Petition for Ex-pungement of Arrest Records (“Expungement Petition”). Trapani’s arrest arose out of the shooting of his brother Anthony Trapani (“Anthony”)1 on December 17, 2011. The court heard the case and denied Trapani’s request for expungement as the court found that Trapani failed to meet...
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Appellant Jerry J. Swartz (“Swartz”) appeals his convictions after a jury trial of one count of Driving While' Intoxicated, section 577.010,1 and one count of Failure to Drive on the Right Half of the Roadway, section 304.015. Swartz was sentenced to six months in the county jail on the charge of Driving While Intoxicated, but the court suspended the execution of that sentence and placed him on tw...
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COURT OF APPEALS OF VIRGINIA Present: Judges Petty, Russell and Malveaux PUBLISHED Argued at Richmond, Virginia SHENG JIE JIN OPINION BY v. Record No. 0457-16-2 JUDGE WILLIAM G. PETTY ...
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DECISION AND ORDER This case is before the Court on Defendant Philip Zodhiates’s renewed motion for a judgment of acquittal, pursuant to Federal Rule of Criminal Procedure 29, as well as his motion for a new trial, pursuant to Rule 33. See Docket No. 127 (Zodhiates Br.) For the reasons stated below, both motions are denied. BACKGROUND A. The evidence introduced at trial After a seven-day jury tri...
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FILED United States Court of Appeals Tenth Circuit February 14, 2017 PUBLISH Elisabeth A. Shumaker ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3986 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SUNDUS SHAKER SALEH, on No. 15-15098 behalf of herself and those similarly situated, D.C. No. Plaintiff-Appellant, 3:13-cv-01124-JST v. OPINION GEORGE W. BUSH; RICHARD B. CHENEY; ...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN HERKLOTZ, Nos. 07-56657 Cross-Claimant-Appellant, 07-56662 v. D.C. No. CV-07-01823-R ERIC PARKINSON, CHARLES VON BERNUTH, and PLAZA OPINION ENTERTA...
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In this Anders appeal, we affirm Jason Redmon’s judgment and sentence. *307I. The United States Supreme Court has recognized that there are circumstances where a court-appointed appellate counsel will, “after a conscientious examination,” find their client’s case to be “wholly frivolous.” See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In those circumstances, cou...
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ORDER & OPINION This matter is before the Court on Petitioner Charles Donelson’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, which was originally denied by this Court and the United States Court of Appeals for the Seventh Circuit’s remand of the same to this Court. (Docs. 1, 32, & 56). On December 20, 2016, the Court again denied Petitioner’s Petition for Writ of ¿tar-beas Co...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Feb 14 2017, 9:18 am CLERK Indiana Su...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Feb 14 2017, 9:59 am CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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OPINION AND ORDER DENYING MOTION TO SUPPRESS On February 20, 2015, a federal magistrate judge in the Eastern District of Virginia signed a warrant authorizing a FBI hacking operation designed to infiltrate a suspected . child pornography website, named “Playpen.”1 After breaching the website’s security, the FBI recoded..the website to request certain informatipn from every computer that accessed,...
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United States Court of Appeals for the Federal Circuit ______________________ PERSONAL WEB TECHNOLOGIES, LLC, Appellant v. APPLE, INC., Appellee ______________________ 2016-1174 ______________________ Appeal from the United...
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Defendant Ecclesiastes Presley appeals from an order revoking his outpatient status pursuant to Penal Code section 16081 and directing his confinement in a state hospital. Presley argues the trial court: (1) unlawfully deprived him of his right to have a jury decide his commitment status; (2) violated his due process rights by holding the hearings on revoking his outpatient status in his absence; ...
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MEMORANDUM AND ORDER Plaintiff Robert Houston (“plaintiff’) brought this action against defendants Thomas Cotter (“Officer Cotter”), John Weiss (“Officer Weiss”), and the County of Suffolk (“the County”) (collectively, “defendants”) pursuant to 42 U.S.C. § 1983 (“Section 1983”). Plaintiff commenced suit on July 26, 2007 by filing a pro se complaint against Officers Cotter and Weiss1 alleging that...
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In the United States Court of Federal Claims No. 16-1071C (Filed Under Seal: February 6, 2017) (Reissued for Publication: February 14, 2017) ************************************* * ACTIVE NETWORK, LLC, * ...
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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 43107 STATE OF IDAHO, ) 2017 Opinion No. 14 ) Plaintiff-Respondent, ) Filed: February 14, 2017 ) v. ...
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FILED Feb 14 2017, 9:08 am CLERK Indiana Supreme Court ...
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FILED Feb 14 2017, 9:50 am CLERK Indiana Supreme Court ...
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OPINION AND ORDER This case is before the court on the motion of World Outreach Conference Center’s attorneys for fees under 42 U.S.C. § 1988 and for costs under Federal Rule of Civil Procedure 54(d) (dkt. 359). On April 1, 2013, this court granted summary judgment in favor of World Outreach and Pamela Blossom, its President,1 in the *909amount of $15,000 on a portion of its claim under the Relig...
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FILED Feb 14 2017, 10:01 am CLERK Indiana Supreme Court ...
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Affirmed in part, reversed in part, and remanded Concurs Concurs...
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[¶ 1] Walter A. Parker appeals the sentence imposed on him by the trial court (Cumberland County, Warren, J.) following a resentencing hearing. The sentence was imposed following Parker’s plea of guilty to three counts of gross sexual assault (Class A), 17-A M.R.S. § 253(1)(C) (2016), and two counts of unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(1)(E-1) (2016). All charges involved s...
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[¶ 1] The State Board of Nursing (Board) appeals from a judgment entered in the District Court (Machias, D. Mitchell, J.) concluding that John S. Zablotny had engaged in certain activities that constituted professional misconduct pursuant to 32 M.R.S. § 2105-A(2) (2016) as alleged by the Board, but also concluding that the Board had failed to prove other allegations of professional m...
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REVERSED AND REMANDED WITH DIRECTIONS Mr. Altic appeals the dismissal of his Rule 29.15 postconviction case. We need reach only his second of three points, which the state concedes, regarding failure to conduct an abandonment hearing per Moore v. State, 458 S.W.3d 822 (Mo. banc 2015). Relevant dates are not in dispute. On August 14, 2014, Mr. Altic timely moved pro se for Rule 29.15 relief from a ...
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Joshua Daniel Hewitt (“Movant”) timely appeals the motion court’s denial of his amended Rule 24.035 motion for post-conviction relief.1 In the underlying criminal cases giving rise to his amended motion, he was charged with tampering with a motor vehicle, in violation of section 569.080, and forgery, in violation of section 570.090.2 On July 17, 2012, Movant pleaded guilty to both charges and his ...
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This case concerns disputes between Missouri and certain tobacco companies arising out of the Master Settlement Agreement (“MSA”). Tobacco manufacturers that participated in the MSA (“PMs”), Missouri, and other states arbitrated a dispute arising out of the MSA. One dispute concerned the application of the Non-Participating Manufacturer Adjustment (“NPM Adjustment”), a provision in the MSA that re...
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OSCN Found Document:FALCONE v. LIBERTY MUTUAL INSURANCE CO. OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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*576OPINION AND ORDER I. BACKGROUND Harold Baynes (“Baynes”), the administrator of the estate of William Curlin Baynes, brought this action under 42 U.S.C. § 1983 against New York State Trooper David Ruderfer alleging that he used excessive force against William Baynes, resulting in his death. See Complaint, filed Apr. 15, 2015 (Docket # 1) ¶¶3-4, 15-18. The complaint alleges that Ruderfer stoppe...
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OPINION AND ORDER This case raises issues related to discovery, evidentiary sufficiency, and the extent to which dismissal of a state charge precludes consideration of the conduct underlying the charge in a revocation proceeding for violation of a condition of supervised release under 18 U.S.C. § 3583. Defendant Iván Rentas-Félix was convicted in federal court, sentenced to a term of imprisonment,...
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*746Defendant Deyanira Cuiriz appeals a judgment sentencing her to imprisonment for 27 years to life following her conviction for attempted voluntary manslaughter, shooting at an occupied vehicle and mayhem. She contends that she did not voluntarily and knowingly waive her right to remain silent when she spoke to the police after having been advised of her rights under Miranda v. Arizona (1966) 38...
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Filed 2/14/17 Certified for publication (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR THOMAS E. BECK, B270826 Plaintiff and Appellant, (Los Angeles County ...
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Opinion —Lydia O. and Jesse S., the mother and presumed father of nine-year-old Breanna S. and four-year-old David S., appeal the juvenile court’s May 17, 2016 order pursuant to Welfare and Institutions Code section 366.261 terminating their parental rights and identifying adoption as the permanent plan for Breanna and David. Lydia contends the juvenile court erred in ruling she had failed to est...
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Filed 2/14/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN RYAN ATKINS et al., B257890 Plaintiffs and Respondents (Los Angeles County Super. Ct. No. BC449616) v. CITY OF LOS ANGELES, ...
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Filed 2/14/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B276937 Petitioner, (Los Angeles County Super. Ct. No. BA425880) ...
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ORDER Before the Court is the Motion for Summary Judgment (Doc. 15) filed by Defen*292dants Lincoln County, Tennessee, Lincoln County Health System, and Lincoln County Medical Center. The Court, having carefully considered the motion, the submissions of the parties, and the applicable law, finds that Defendants’ Motion should be GRANTED IN PART and DENIED IN PART. I. FACTUAL AND PROCEDURAL BACKGR...
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Introduction J.H. Berra Construction Co., Inc. (Berra) appeals from the trial court’s judgment in favor of the City of Washington (the City) in Berra’s contract dispute following a bench trial. On appeal, Berra argues the trial court erred in concluding Berra was liable for a certain amount of liquidated damages, because the trial court misapplied the law in interpreting terms of the contract in c...
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OPINION Bennie Alford appeals the judgment entered upon his conviction following a jury trial in the Circuit Court of the City of St. Louis of two counts of the class C felony of possession of a controlled substance, to wit heroin and clonazepam, on April 27, 2015. In his sole point on appeal, Alford contends that the trial court clearly erred in overruling his challenge under Batson v. Kentucky, ...
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Introduction Travis Murphy (Movant) appeals from the motion court’s judgment denying his Rule 24.0351 motion without an evidentia-*878ry hearing. Movant claims that the motion court erred in denying his request for post-conviction relief because plea counsel was ineffective for failing to reach a plea agreement with the State for a more lenient sentence and the plea court erroneously enhanced his ...
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OPINION Justin F. Johnson was convicted after a bench trial of first-degree murder, first-degree assault, and two counts of armed criminal action arising out of a fight between Johnson and Terryl Morgan (“Victim”) at the corner of 9th and Cole Street in the City of St. Louis that ended with Johnson shooting and killing Victim and firing a shot at a nearby witness’s vehicle. The trial court sentenc...
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ORDER GRANTING MOTION TO DISMISS PARTS OF SECOND AMENDED COMPLAINT INTRODUCTION At its core, this case is about the ownership of augmented reality technology. Plaintiff GeoVector Corporation (“GeoVector”) asserts that Samsung’s Galaxy smart phones and tablets infringe several of Geo-Vector’s patents in the augmented reality field, and so it has filed suit against defendants Samsung International,...
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*253MEMORANDUM AND ORDER I. Introduction Ahold USA, Inc. (“Ahold”), Meijer, Inc. and Meijer Distribution, Inc. (collectively, “Meijer”), Rochester Drug Co-Operative, Inc. (“RDC”) and Value Drug Company (“Value Drug”) (collectively, the “Direct Purchasers”) bring this antitrust class action on behalf of themselves and all others similarly situated against Defendants Warner Chilcott Limited, Warner...
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Supreme Court No. 2015-230-Appeal. (P13-1229-1) No. 2016-161-Appeal. (P13-1229-2) In re Kyeshon J. et al. :...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2145 UNITED STATES OF AMERICA ex rel. BRIANNA MICHAELS AND AMY WHITESIDES, Plaintiffs – Appellants, v. AGAPE SENIOR COMMUNITY, INC.; AGAPE SENIOR PRIMARY CARE, INC.; AGAPE SENIOR SERVICES, INC.; AGAPE ...
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OPINION AND ORDER GRANTING IN PART DEFENDANT’S MOTION TO DISMISS On June 7, 2016, nine plaintiffs filed a 442-page, complaint alleging deceptive advertising, breach of contract, and fraudulent concealment claims under the. laws of thirty states against Defendant General Motors (“GM”). ECF No. 1. Fundamentally, Plaintiffs allege that GM installed a “defeat device” in the 2014 Chevrolet Cruze Diese...
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OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS [11] Plaintiffs filed a class-action complaint against Defendant Whirlpool Corporation. The Plaintiffs allege causes of action related to Whirlpool’s “AquaLift” oven self-cleaning technology. Whirlpool moved to dismiss some of the counts for failure to state a claim. For the reasons stated below, the Court will g...
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MEMORANDUM OPINION . AND ORDER The Commissioner of Social Security denied Plaintiff James Prater’s application for supplemental security income (“SSI”). Prater timely filed a Complaint seeking judicial review of that decision (Doc. 1). This Court has jurisdiction under 42 U.S.C. § 405(g). This case was referred to Magistrate Judge James Knepp for a Report and Recommendation (“R & R”) under Local ...
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM OPINION I. Introduction This case is before the court on Defendant’s Motion for Summary Judgment (Doc. # 30), filed on August 1, 2016. The Motion is fully briefed and supported by the parties’ evidentiary submissions. (Docs. #31, 39, 40). In this case, Plaintiffs are two borrowers whose loan is owned and serviced by Defendant. Beginning in 2004, Plaintiffs began having difficulties mak...
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal *1221and Application for Leave to File Addendum are DENIED,...
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Affirmed Concurs Concurs...
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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MEMORANDUM OPINION AND ORDER This matter is before the Court on a motion to remand filed by the plaintiff, the Alabama Municipal Worker’s Compensation Fund, Inc. (AMWCF). (Doc. 6). For the reasons discussed below, the Court denies the motion. I. PROCEDURAL HISTORY AMWCF instituted this personal injury action in the Circuit Court of Jefferson County, Alabama on July 10, 2013. (Doc. 1, ¶ 1). On Jun...
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ORDER AND NOW, this 14th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER Directing Defendants to Respond to FRCP 60(b) Motion for Relief from Judgment by Friday, March 17, 2017; Permitting Plaintiff to Reply by Apr. 14, 2017 Proceeding pro se, California state prisoner Herbert Wolff (“plaintiff’) initiated this action on February 9, 2015, by filing a complaint for relief pursuant to 42 U.S.C. section 1983. See Case Management / Electronic Case Filing System Docu...
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In the United States Court of Appeals For the Seventh Circuit ____________________    Nos. 16‐2493, ‐2494  UNITED STATES OF AMERICA,  Plaintiff‐Appellee,  v.  MICHAEL PETERSON,  Defendan...
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ORDER THIS CAUSE is before the Court on the Motion for Summary Judgment (Doc. 41) filed by Defendants Executive Risk Indemnity, Inc. and Executive Risk Specialty Insurance Co. (collectively, “Executive Risk”), to which Plaintiffs filed a Response (Doc. 49). Executive Risk filed a Reply (Doc. 51) as well as two Notices of Supplemental Authority (Doe. Nos. 70, 97). This cause is also before the Cou...
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Filed 02/14/2017 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H042086 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1487274) ...
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OPINION & ORDER Plaintiff Ralph Gambles brings this putative class action under the Fair Credit Reporting Act, '15 U.S.C. § 1681 éí seq. (“FCRA”). He claims that- defendant Ster-. ling Infosystems, Inc.. (“Sterling”) violated his privacy rights under FCRA when, for use by a prospective employer to whom Gambles had applied for a job as a mortgage banker, it generated a background report containing...
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Court Below — Superior Court of the State of Delaware, Cr. ID 1308023217 DISMISSED....
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Introduction Michael Scott (“Scott”) appeals from the trial court’s judgment entered after a bench trial. Scott sued his landlord, Janice King (“King”), for specific performance to enforce a sale agreement for the leased property. King counterclaimed for unjust enrichment and ejectment, arguing that Scott occupied her property without paying rent. The trial court found in King’s favor on both Scot...
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ORDER DENYING ILLUMINA’S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS Before the Court is plaintiff Illumina Inc.’s motion for leave to amend its in*1112fringement contentions. Dkt. 309. Pursuant to Civil Local Rule 7-1 (b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing scheduled for February 17, 2017. For the reasons set fo...
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¶ 1. The court of appeals certified this case to the court to determine whether the admission of a toxicology report through a medical examiner's testimony violated Rozerick E. Mattox's Sixth Amendment right to confrontation. After a bench trial,1 Mattox was convicted of first-degree reckless homicide for delivering heroin that caused S.L.'s death.2 Specifically, the certified question asks: Does ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-00971-COA MARTERIUS C. SANDERS A/K/A MARTERIUS APPELLANT SANDERS A/K/A MARTERIOUS SANDERS A/K/A GREG A/K/A "G" v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 05/28/2015 TRIAL JUDGE: ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-01343-COA FRANK THOMAS FRIDAY A/K/A FRANK APPELLANT FRIDAY v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 08/18/2015 TRIAL JUDGE: HON. GERALD W. CHATHAM SR. COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COUR...
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FOR THE COURT: ¶ 1. On August 27, 2015, Curtis White was convicted in Yazoo County Circuit Court of two counts of gratification of lust and one count of statutory rape. Counts I and III of the indictment charged White with.gratifícatipn of lust and the statutory rape of MM,1 and Count II charged White with gratification of lust for LM. White was sentenced to serve eight years for each-count of gra...
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*1384Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Memorandum Opinión Before the Court is Defendant City of Philadelphia’s Motion for Summary Judgment. For the reasons that follow, the motion is denied, as there are factual disputes regarding nearly every element of Plaintiffs claim, and Defendant has failed to put forward any compelling evidence or argument that it is entitled to judgment as a matter of law. I. BACKGROUND This ease concerns the ...
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MEMORANDUM OPINION AND ORDER Plaintiff Abdul Mohammed (“Mohammed”), formerly a driver for Uber Technologies, Inc. (“Uber”), filed a twenty-one count pro se complaint [1] against Uber, Uber’s wholly owned subsidiary Raster, LLC (“Raster”), as well as individuals Travis Kalanick, Garrett Camp, and Ryan Graves (collectively, “Defendants”). The various counts allege violations of various state and fe...
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MEMORANDUM OPINION At issue on summary judgment in this False Claims Act (“FCA”)1 retaliation case is whether the undisputed factual record entitles the defendant to judgment as a matter of law. Plaintiff, Kenly Nifong, contends that defendant, SOC, LLC (“SOC”)—a federal contractor and Ni-fong’s former employer—discharged Ni-fong because he reported to his supervisor and the Department of State t...
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SECTION I ORDER AND REASONS Before the Court is a motion1 for partial summary judgment filed by the defendants. For the following reasons, the motion is granted. BACKGROUND Plaintiff Roseanne Currier (“Currier”) is a former corporate jet pilot for defendant Entergy Services, Inc. (“Entergy Services”). Through her employment with En-tergy Services, Currier was covered by two related disability pla...
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MEMORANDUM OPINION In these related securities class actions (referred to herein as the “Soto Action” and the “Jani Action,” respectively), presently pending before the Court are motions .filed by: (1) Raymond Cook (“Cook”) and Dyson Capital Management Ltd. (“Dyson,” and collectively with Cook, “Cook and Dyson”) and (2) John and Mary Elizabeth Moring Anacker (collectively, “the Anackers”). (Soto ...
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ORDER AND OPINION This putative class action arises out of Defendant Deutsche Bank AG’s (“Deutsche Bank”) alleged practice of delaying execution of electronically matched trade orders in the foreign exchange (“FX”) market in order to take advantage of how the market moved in the interim—a practice known as “Last Look.” Plaintiffs Axiom Investment Advisors, LLC and Axiom Investment Company, LLC, b...
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02/14/2017 DA 16-0164 Case Number: DA 16-0164 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 26 STATE OF MONTANA, JUDICIAL BR...
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*563The following order has been entered on the Motion for Extension of Time to File Brief filed on the 10th of February 2017 by Defendant (Computer Sciences Corporation):"Motion Allowed by order of the Court in conference, this the 13th of February 2017."Defendant (Computer Sciences Corporation) shall have up to and including the 29th day of March 2017 to file and serve his/her brief with this Co...
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02/14/2017 DA 15-0751 Case Number: DA 15-0751 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 28N IN THE MATTER OF: J.S., ...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 9th of February 2017 by Defendant (NCDHHS):"Motion Allowed by order of the Court in conference, this the 13th of February 2017."Defendant(NCDHHS)shall have up to and including the 29th day of March 2017 to file and serve his/her brief with this Court....
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*501MEMORANDUM AND OPINION The putative class members in this federal securities action are investors in Houston-based Helix Energy .Solutions Group, Inc., an off-shore energy services company. The plaintiffs allege that during the period from October 21, 2014 to July 21, 2015, Helix misrepresented the length of time that one of its well intervention vehicles would be idle during 2015. In July 20...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. ...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. h...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01603-COA CHARLES E. STASHER AND SARAH EULA STASHER APPELLANTS v. PATRICIA ANN PERRY, EXECUTRIX OF THE ESTATE OF RANDY ARCHIE SPRINGER, DECEASED APPELLEE ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2016-CA-00284-COA STATE OF MISSISSIPPI APPELLANT v. BOYCE WILLARD APPELLEE DATE OF JUDGMENT: 12/30/2015 TRIAL JUDGE: HON...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 2910 GEORGIA AVENUE LLC, Plaintiff, Civil Action No. 12-1993 (CKK) v. DISTRICT OF COLUMBIA, et al., Defendants. MEMORANDUM OPINION (F...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) IDA HERNÁNDEZ, ) ) Plaintiff, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILDEARTH GUARDIANS, et al., : : Plaintiffs, : Civil Action No.: 16-1724 (RC) : v. ...
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MEMORANDUM OPINION Dr. Mark G. Turner (“Plaintiff’) filed the present action on September 9, 2016. (See Compl., Sept. 9, 2016 [ECF No. 1]; First Am. Compl., Nov. 15, 2016 [ECF No. 26] (hereinafter “Am. Compl.” or “the Complaint”).) Count 1 alleges that each Defendant violated Section 1 of the Sherman Act, 15 U.S.C. § 1 (“Section 1”), and also seeks treble damages under Section 4 of the Clayton Ac...
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The bankruptcy court held that an agreement between the debtor and his spouse that partitioned their homestead property was a fraudulent transfer. Consequently, the non-debtor spouse had no interest in the proceeds from the sale of the homestead. This court granted the parties’ joint request to permit an appeal directly to this court. We AFFIRM. FACTUAL AND PROCEDURAL BACKGROUND Jeremy Wiggains an...
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Transfer denied. All Justices concur....
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Transfer denied. All Justices concur....
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Transfer denied. All Justices concur....
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Transfer denied. All Justices concur....
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS The desire to economize time and mental effort in arithmetical computations, and to eliminate human liability to error, is probably as old as the science of arithmetic itself. This desire has led to the design and construction of a variety of aids to calculation, beginning with groups of small objects, such as pebbles, first used loosely, late...
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ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS FIREARM AND STATEMENTS Defendant Jesse Montgomery is charged with being a felon in possession of a firearm. On July 19, 2016, Defendant filed. a Motion to Suppress the firearm seized from him, and certain statements made by him to the arresting officers. (ECF No. 25, Mot. to Suppress), On August 23, 2016, the Government filed its Response. (ECF No. 28,...
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In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Siegal, J.), entered May 8, 2014, as, upon an order of the same court entered March 5, 2014, inter alia, granting that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging a violati...
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Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered October 10, 2014, convicting him of aggravated vehicular homicide and manslaughter in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress the ...
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Application by the defendant for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the Supreme Court, Richmond County, rendered April 28, 2015. Ordered that the application is denied. The defendant has not established his entitlement to the *975 relief requested (see People v Syville, 15 NY3d 391 [2010]). Eng, P.J., Dillon, Leventhal and Chambe...
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J-A26029-16 2017 Pa. Super. 35 SHOWRI PALEPU, M.D. : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : ...
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Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered July 25, 2014, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with Anders v California (386 US 738 [1967]), in which he moves for leave to withdraw as counsel for the appe...
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MEMORANDUM OPINION After an extended litigation battle and a two-week trial, a jury found Defendants Cox Communications, Inc. and Coxcom, LLC (“Cox”) liable for willful contributory copyright infringement. The jury awarded Plaintiff BMG Rights Management (“BMG”) $25 million in damages, and the Court denied both parties’ post-*764trial motions for relief. .(Dkt, No. 794). Now pending before the Co...
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ORDER This diversity case inyolves a pharmacist who was fired because she, in cooperation with a law enforcement “sting operation,” sol'd Xanax to a customer who called in a prescription'' she knew to be false. The pharmacist, Evelyn Graddy, sues her former employer, Wal-Mart Stores East, LP, alleging retaliation under Florida’s Private Whistleblower Act (FWA).1 Wal-Mart filed a'motion for summar...
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Appeal by the mother from an order of the Supreme Court, Kings County (IDV Part) (Esther M. Morgenstern, J.), dated February 24, 2015. The order denied the mother’s motion to vacate a final order of custody and visitation dated February 11, 2015. Ordered that the order dated February 24, 2015, is reversed, on the law, without costs or disbursements, the mother’s motion to vacate the final order...
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ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS I. INTRODUCTION In July 2015, the City of Spokane filed this action against the Monsanto Company, Solutia Inc., and Pharmacia Corporation (collectively “Monsanto”) alleging that Monsanto was responsible for polychlori-nated biphenyl (PCB) contamination in' the Spokane River. ECF No. 1. Spokane alleged public nuisance, products. liability,...
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MEMORANDUM & ORDER REGARDING DEFENDANT’S MOTION TO VACATE UNDER 28 U.S.C. § 2255 (Dkt. No. 27) Defendant Jose Cruz has brought this petition pursuant to 28 U.S.C. § 2255, based on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (Johnson II), and Johnson v. United States, 559 U.S. 133, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010) (Johnson I), seeking to vacate and correct his 20...
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Appeal from the judgment of the United States District Court for the Eastern District of New York (Matsumoto, J.) convicting Christopher Barret, Omar Mitchell, and Leon Scarlett of conspiracy to distribute and possess with intent to distribute in excess of 1,000 kilograms of marijuana. This opinion addresses two arguments raised by appellants: whether (1) the district court erred in admitting the ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2482 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANGELS SENIOR LIVING AT ) CONNERTON COURT, LLC; and ) CONNE...
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The circuit court’s order in case 2D15-4639 is affirmed. The petition for writ of habeas corpus in case 2D16-2574 is denied. SILBERMAN, CRENSHAW, and SALARIO, JJ., Concur....
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LINDA WOLICKI-GABLES and ROBERT ) GABLES, her husband, ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT OLIVERO GONZALEZ and CAROL ) PERDOMO, ...
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ATTORNEY FOR THE RESPONDENT ATTORNEYS FOR THE INDIANA SUPREME COURT Michele S. Bryant DISCIPLINARY COMMISSION Evansville, Indiana G. Michael Witte, Executive Director David E. Griffith, Staff Attorney ...
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OPINION The parties in this case seek an interpretation of Minn. Stat. § 595.02, subd. 5 (2016), which provides that when a patient waives the physician-patient privilege in a health care malpractice action, the waiver includes permission for “informal discussions” with health care providers. Although the issue presented is one of first impression, we cannot reach it. Instead, we must vacate the ...
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STATE OF MINNESOTA IN SUPREME COURT A15-1481 Court of Appeals Lillehaug, J. Dissenting, Chutich, J. State of Minnesota, Respondent,...
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Defendants Richard Niday and Rebecca Lewis appeal a general judgment of judicial foreclosure of a residential deed of trust. The trial court granted summary judgment to plaintiff on its claim of judicial foreclosure after determining that there was no genuine issue of material fact that plaintiff was the holder of the promissory note signed by defendants and that defendants were in default of thei...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Petition of The Gateway : School District to Approve The : Arming of School Police Officers : Pursuant to 24 P.S. Section 7-778, : et seq. : : No. 1627 C.D. 2016 Appeal of: Gateway School District : Sub...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Lutheran Senior Services : Management Company, : Petitioner : : No. 1074 C.D. 2016 v. : : Submitted: November 4, 2016 Workers' Compensatio...
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CONCURRING AND DISSENTING OPINION concurring and dissenting For the reasons I will discuss, I concur with my colleagues that the trial court properly rejected the first contention appellant Mark Hoff presents in this appeal from his conviction following a guilty plea for tampering with physical evidence. All members of the panel agree with the overruling of appellant’s first issue. I would sustain...
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Fourth Court of Appeals San Antonio, Texas OPINION No. 04-16-00337-CR EX PARTE Jennifer RODRIGUEZ From the County Court at Law No. 2, Bexar County, Texas ...
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OPINION delivered the opinion of the Court in which Keller , P.J., and Keasler, Alcala, Richardson, Keel and Walker , JJ., joined. Appellant was convicted of the offense of delivery of less than a gram of methamphetamine in a drug free zone, a third degree felony. Tex. Health & Safety Code §§ 481.112(a), (b); 481.134(d). His punish*309ment was enhanced with a prior felony to a second degree felon...
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OPINION delivered the opinion of the Court in which Hervey, Alcala, Richardson, Yeary, Newell, Keel, and Walker, JJ., joined. Kelvin Lee Roy was convicted of murder and sentenced to seventy-five years’ imprisonment. The trial judge denied his request for a jury instruction on the lesser-included offense of manslaughter. Because there was more than a scintilla of evidence that would allow a jury to...
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OPINION delivered the opinion of the unanimous Court. The issue in this case is whether there is sufficient evidence to affirm the jury’s deadly-weapon finding elevating robbery to aggravated robbery. Because we conclude that there is and that the court of appeals erred to hold otherwise, we will reverse its judgment and remand this cause for the lower court to address Appellant’s remaining points...
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OPINION delivered the opinion for a unanimous Court. In this opinion, we address whether expert testimony on the subject of abusive head trauma is reliable. Jennifer Banner Wolfe, appellant, presents this issue in her petition for discretionary review following her conviction in a bench trial for first-degree-felony injury to a child after an infant under her care sustained serious internal head ...
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Case: 15-14889 Date Filed: 02/15/2017 Page: 1 of 32 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-14889 ________...
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This appeal presents a question that' has divided the federal courts: Can a statement about a single asset be a “statement respecting the debtor’s ... financial condition”? 11 U.S.C. § 523(a)(2). Ordinarily, a debtor cannot discharge any debt incurred by fraud, id. § 523(a)(2)(A), but a debtor can discharge a debt incurred by a false statement respecting his financial condition unless that stateme...
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Case: 16-11578 Date Filed: 02/15/2017 Page: 1 of 18 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11578 ________________________ D...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0032p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AMBER JONES; DEANNA LACK, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0033p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THE BABCOCK & WILCOX COMPANY, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0034p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JOHN R. TURNER, ┐ ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0035p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT LEE E. MOORE, ┐ Petitioner-Appellan...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0036p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PETER CARL BORMUTH, ┐ Plaintiff-Appellan...
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Court Below — Superior Court of the State of Delaware, Cr. ID No. 1206011471 AFFIRMED....
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IN THE SUPREME COURT OF THE STATE OF DELAWARE HAI LIN and JIN LIN, § § No. 50, 2017 Defendants Below, § Appellants, § Court Below–Superior Court of the § State of Delaware v. § ...
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*1071Published Order Finding Misconduct and Imposing Discipline Upon review of the report of the hearing officer, the Honorable James R. Abler, who was appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission’s “Verified Complaint for Disciplinary Action,” and the submissions of the parties, the Court finds that Respondent engaged in professional misconduct and...
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FILED Feb 15 2017, 9:24 am CLERK Indiana Supreme Co...
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FILED Feb 15 2017, 8:04 am CLERK Indiana Supreme Court Court of Appeals ...
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ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Kimberly A. Jackson Curtis T. Hill, Jr. FILED Indianapolis, Indiana Attorney General of Indiana Feb 15 2017, 11:38 am ...
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I,Clarissa Hector Hammond appeals the judgment of the juvenile court which ruled that the goal of the case plan, regarding three of her children who had been removed from her care, should be permanently changed from reunification to a primary goal of adoption. For the following reasons, we affirm. FACTS On June 3, 2015, the Department of Children and Family Services (“DCFS”) received a report of a...
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| ¶ Shirley Ann Marzell and her two daughters, Jacqueline and Monique, appeal a summary judgment that dismissed their claims against American Safety & Indemnity Company (“ASIC”), a long-term care facilities and general liability insurer, based on the automobile exclusion in ASIC’s policy covering Charlyn Enterprises LLC, d/b/a Charlyn Rehabilitation and Nursing Center, in Tallulah. We affirm. Fac...
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hln this tort action, the trial court granted judgment notwithstanding the verdict (“JNOV”) in favor of the plaintiff and increased the total award of damages from $46,500 to $96,291.57. For the following reasons, we affirm. FACTS This matter arises out of a tragic automobile accident that occurred in Ouachita Parish on June 26, 2013. Da’Veion Bailey, who was 11 years old, was a passenger in a veh...
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liThe defendant, Johnny Oneal Lapoole (“Lapoole”), pled guilty to felony carnal knowledge of a juvenile and was sentenced to ten years at hard labor. He appeals his sentence as excessive. We affirm. FACTS In November of 2013, Lapoole and his wife were the foster parents of the. minor child, A.J., age 15. On May 21, 2014, officers were contacted because a physician determined that A.J. was five mon...
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liThe defendant, Luke Davis, was charged by bill of information with one count of possession with intent to distribute a Schedule I controlled dangerous substance (marijuana), a violation of LSA-R.S. 40:966(A)(1), and possession of- a firearm by a convicted felon, a violation of LSA-R.S. 14:95.1. Following a bench trial, defendant was found guilty as charged. Defendant was sentenced to serve concu...
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hBilly Joe (“B.J.”) and Betty Ruth Andrews appeal from a trial court judgment finding that two mineral servitudes, affecting property to which they own the surface rights, have not prescribed from nonuse and are still in effect. For the following reasons, we affirm the trial court judgment. BACKGROUND INFORMATION The Andrewses own several tracts of land in Sections 32 and 33, Township 13 North, Ra...
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hln this criminal appeal, the defendant’s appellate counsel has filed an Anders brief and a motion to withdraw, alleging that she has made a conscientious and thorough review of the trial court record, and can find no nonfrivolous issues to raise on appeal. This court previously granted the defendant, Brandon Dickson, an additional 30 days to file a pro se brief and 10 days with which to view the ...
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| ] This medical malpractice action arises out of medical treatment and care rendered by physicians in the Pediatric Intensive Care Unit (“PICU”) of the Louisiana State University Health Sciences Center in Shreveport (“LSUHSC-S”) to six-year-old Anna Cathryn Cooper, who was hospitalized with complications caused by E. coli, including sepsis, renal failure, thrombocy-topenia (low platelet count), a...
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It Humana, Inc., appeals from a trial court judgment denying its request to annul a default judgment rendered against it. The plaintiff, Michael Swinea, answers the appeal, seeking attorney fees for responding to Humana’s appeal. We affirm the trial court judgment and award the plaintiff additional attorney fees of $1,000. FACTS The plaintiff was employed at Graphic Packaging in West Monroe when h...
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| j This is an appeal after a remand wherein this court ordered the trial court to conduct an evidentiary hearing on the issue of an alleged breach of a plea agreement by the state. After the hearing, the trial court held that it was the Defendant, Cornelius Young, who had breached his plea agreement. Therefore, it held that the imposition of the original sentences consecutively, which was not in ...
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|! Mary Ann Riddle appeals a judgment by the Monroe City Court for the City of Monroe, Louisiana, dismissing her claims with prejudice. Riddle sought to annul a previous judgment by the same court in favor of the Monroe Symphony Orchestra and Premier Plaza of Monroe, LLC. For the following reasons, we reverse the trial court’s judgment and annul the initial judgment as prayed for by Riddle. Additi...
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OPINION AND ORDER Alone in a Federal Bureau of Investigation (“FBI”) interview room, Defendant Jorge Llufrio, recently arrested in a drug conspiracy investigation, began to talk to himself. Looking up, he thought he saw a camera hidden in the ceiling, but he continued to whisper to himself in Spanish. Llufrio was looking in the wrong place, but his instincts were right—after the FBI had placed Llu...
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Petitioner seeks review of a final order of the Board of Parole and Post-Prison Supervision following a murder review hearing. ORS 144.335(1). In that order, the board found that petitioner had not persuaded it that he is likely to be rehabilitated within a reasonable period of time and, for that reason, declined to convert petitioner’s life sentence without the possibility of parole for aggravate...
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This appeal arises from a judgment revoking defendant’s probation, sentencing him to 18 months’ incarceration and imposing $200 in court-appointed attorney fees. Defendant pleaded guilty to failing to register as a sex offender. Under the terms of the plea agreement, defendant received a dispositional downward departure sentence of probation but stipulated that, if he violated any nonfinan-cial co...
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|; Defendants, the Honorable Randall Edmund Roach, in his capacity as Mayor of the City of Lake Charles, and the City of Lake Charles (collectively “the City”), appeal the trial court’s granting of a declaratory judgment in favor of Plaintiffs, the Lake Charles Police Officers’ Association Local 830 AFL-CIO and Craig Desor-meaux, individually and as President of the Local 830 (collectively “the Lo...
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United States Court of Appeals for the Federal Circuit ______________________ ORGANIK KIMYA, SAN. VE TIC. A.S., ORGANIK KIMYA NETHERLANDS B.V., ORGANIK KIMYA US, INC., Appellants v. INTERNATIONAL TRADE COMMISSION, Appellee ROHM AND HAAS COMPANY, ROHM AND HAAS CHEMICALS LLC, DOW C...
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Filed 2/15/17 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, A143378 v. JON ERIC CLARK, ...
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Filed 2/15/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN RANA SAMARA, B265752 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. EC056720) v. HAITHAM MATAR,...
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Opinion —The People of the State of California appeal from the order granting the petition for writ of habeas corpus filed by Robert Mark Diaz. We reverse the order, and reinstate Diaz’s prison sentence of six years. BACKGROUND This is the third time this case has come before us. As we explained on the first occasion—Diaz’s direct appeal from his judgment of conviction—a Los Angeles Superior Cour...
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JjThe defendant, Voltaire Sullivan, was convicted of three counts of distribution of cocaine and one count of distribution of methamphetamine. He was later adjudicated and sentenced as a habitual offender to serve 60 years at hard labor on each count, *179to be served concurrently, without benefit of parole, probation, or suspension of sentence. He now appeals his convictions and sentences. For th...
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[ ¶ Defendants Louisiana Patient’s Compensation Fund and Louisiana Patient’s Compensation Fund Oversight Board (collectively, the “Fund”) appeal the trial court’s granting of a judgment notwithstanding the verdict (“JNOV”) in favor of Plaintiffs Mike Moore and Robin Lynette Moore, individually and on behalf of their minor children Raimee Jo Moore, Mol-lyann E. Moore and RayLyn E. Moore (the “Moore...
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11 This appeal arises from the Fourth Judicial District Court, Ouachita Parish, State of Louisiana. After being charged with second degree murder, the defendant, Reginald James Lee, pled guilty to manslaughter and was sentenced to 30 years at hard labor. Lee now appeals, arguing that his sentence is excessive. For the following reasons, we affirm the defendant’s conviction and sentence. Facts In t...
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liU.L. Coleman III (“Coleman”) and other plaintiffs appeal a judgment that sustained peremptory exceptions of no cause of action, no right of action and prescription and dismissed virtually all claims against the defendants, Querbes Company No. 1 (“Querbes # 1”) and its constituent partners (“the Querbes parties”). For the reasons expressed, we affirm. Factual Background The Querbes parties owne...
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11 Defendant, Safeway Insurance Company of Louisiana (“Safeway”), appeals from a judgment for the plaintiffs, Letitia Green, et al. (“Green”), finding that Safeway waived its affirmative defense of material misrepresentation and awarding money damages based on the stipulated liability of defendant Larry Brown (“Brown”) for an automobile accident. The trial court found that Safeway had waived the d...
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Lin this medical malpractice case, plaintiff, Karla Breland (“Mrs. Breland”), appeals a judgment from the First Judicial District Court, Parish of Caddo, State of Louisiana, wherein the trial court sustained a peremptory exception of prescription in favor of the defendants, Willis Knighton Medical Center, Joseph Jones, M.D., and Lindsey Vierra, R.N. (“Defendants”). Mrs. Breland prays that the tria...
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|, At jury trial, Patrick Pierce was found guilty as charged of attempted second degree murder and was sentenced to 25 years at hard labor, with only the first 10 years to be served without benefit of probation, parole, or suspension of sentence. The jury also found him guilty as charged of conspiracy to commit second degree murder, for which crime he was sentenced to 15 years at hard labor. The s...
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I iThis application for supervisory review arises from the 26th Judicial District Court, Parish of Bossier, State of Louisiana. The Bridlington Company, L.L.C. (“Bridlington”), seeks review of the trial court’s denial of its motion to compel discovery. This writ was granted specifically to review the applicability of La. C.E. art. 506(C)(a) and La. R.S. 12:1314 to the facts in this matter. After f...
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hThe plaintiff, Eashell Reed-Salsberry, filed a lawsuit in state district court alleging, inter alia, violations of the federal Americans with Disabilities Act (“ADA”) and seeking monetary damages. Her former employer, the State of Louisiana, through the Department of Public Safety and Corrections, Youth Services, Office of Juvenile Justice (“State”), responded with an exception of lack of subject...
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| ] Nations tar Mortgage LLC and Federal Home Loan Mortgage Corp. (“Freddie Mac”) seek supervisory review of a ruling that denied their motion to strike a petition to annul a sheriffs sale and their dilatory and peremptory exceptions, notably an exception of no cause of action. For the reasons expressed, we grant the writ and make it peremptory, grant the motion to strike and sustain the exception...
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liThe defendant, Robert Young, Jr., (“Young”) was charged by amended bill of information with possession with intent to distribute a Schedule II controlled dangerous substance (crack cocaine), pursuant to La. R.S. 40:967(A)(1). After a jury trial, Young was found guilty as charged. Young was sentenced to 14 years at hard labor, the first two years of which were ordered to be served without the ben...
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| defendant, St. Francis Specialty Hospital, filed a writ with this Court complaining of a judgment rendered on March 4, 2016, by the district court denying its motion for partial summary judgment as to *247some of plaintiffs’ claims against defendant. This Court granted the writ and converted it to the instant appeal. For the reasons set forth below, we affirm the ruling of the lower court. Facts...
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|'iDefendant, Nancy Pavón (“Ms. Pa-vón”), appeals the trial court ruling that granted plaintiff Phillip Shelton’s (“Dr. Shelton”) special motion to strike Ms. Pa-von’s reconventional demand and that awarded attorney fees and costs to Dr. Shelton as the prevailing party on the motion to strike. We find Dr. Shelton’s petition does not involve a public issue, but rather, a private matter between priv...
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hThe facts giving rise to this case arise out of the New Orleans Building Corporation’s (NOBC) decision to award the lease to redevelop the World Trade Center site located at 2 Canal Street in New Orleans, Louisiana to Carpenter & Company, Inc. and Woodward Interests, LLC (they plan to turn the building into a Four Seasons Hotel). Two Canal Street Investors, Inc. (TCSI) was another bidder for the ...
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I, The State of Louisiana (“State”) seeks review of the district court’s October 28, 2016 ruling granting a motion to recuse District Attorney Leon Cannizzaro’s office (the “District Attorney”) filed by Defendants, Diaminike and Fredrick Stalbert (collectively “Defendants”), in Case No. 526-573, and a motion to recuse the District Attorney filed by Diaminike Stalbert in Case No. 529-774. For the f...
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11 This appeal arises from a petition to recover, ad valorem taxes paid under protest. Defendants filed a motion for summary judgment contending that plaintiff was not entitled to a refund of taxes paid under protest because plaintiffs property *623was not exempt from ad valorem taxation. Plaintiff then filed a cross-motion for summary judgment alleging that it provides public housing and is there...
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110fficer August Michel appeals the Civil Service Commission’s (Commission) affirmation of his termination by the New Orleans Police Department’s appointing authority. The appointing authority found that Officer Michel violated internal regulations of Moral Conduct, Adherence to Law and Professional Conduct, Use of Alcohol Off Duty. For the reasons that follow we affirm. In the early morning hours...
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11 Dianne Dennison Atkinson (“Ms. Atkinson”) appeals the trial court’s maintaining the Peremptory Exception of No Cause of Action filed in response to her Rule for Modifications of Physical Custody Schedule. She also appeals the trial court’s ruling in a consolidated Motion for Suspension of Child Support filed by James Dudley Atkinson, IV (“Dr. Atkinson”), relieving him of his obligation to pay c...
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J-S84020-16 2017 PA Super 36 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. BRITTANY MCFADDEN Appellant No. 635 EDA 2014 Appeal from the Judgment...
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Appellant Charles Brooks challenges the circuit court’s order disqualifying Irma Brooks—Appellant’s wife and law partner—from representing him and disqualifying Appellant from representing himself pursuant to Rule 3.7 of the South Car*322olina Rules of Professional Conduct. We affirm in part, reverse in part, vacate in part, and remand. FACTS/PROCEDURAL HISTORY Appellant and his wife are attorneys...
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The Park at Durbin Creek, LLC (PDC) and Kenneth Clifton (collectively, Appellants) appeal the circuit court’s decision to set aside Clifton’s conveyance of property to PDC on the grounds that the conveyance violated the Statute of Elizabeth. On appeal, Appellants claim the circuit court erred in setting aside the transfer of Clifton’s interest in the property to PDC when (1) the testimony of both ...
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In this action to enforce restrictive covenants, we affirm the court of appeals in finding Petitioners’ property was not developed into discrete lots to entitle them to voting rights under the covenants. We write now only to clarify that portion of the court of appeals’ opinion that may be read to conflate the terms “developed” and “improved.” DISCUSSION The facts of this case are not in dispute a...
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THE STATE OF SOUTH CAROLINA In The Supreme Court In the Matter of Fredrick Scott Pfeiffer, Respondent. Appellate Case No. 2016-002456 Opinion No. 27703 Submitted January 12, 2017 – Filed February 15, 2017 DISBARRED Lesley M...
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THE STATE OF SOUTH CAROLINA In The Supreme Court In the Matter of Cecil Duff Nolan, Jr., Respondent. Appellate Case No. 2016-002497 Opinion No. 27704 Submitted January 12, 2017 – Filed February 15, 2017 PUBLIC REPRIMAND Lesley M. Cog...
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NO. 12-16-00124-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS WILLIAM FRANK BYERLEY, § APPEAL FROM THE INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF FRANCIS WILLIAM BYERLEY, DECEASED, APPELLANT V. ...
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MEMORANDUM OPINION Petitioners Stephen Frye, Julie A. Graf, and, Ndege Ndogo, Inc., former franchisees of Respondent Wild Bird Centers of America, Inc. (“WBCA”), have fíled a Petition to Vacate Arbitration Award seeking to overturn an arbitration award entered in favor of WBCA. The award at issue was based on WBCA’s efforts to enforce a two-year non-competition provision included in the parties’, ...
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OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS (DOC. 10) Plaintiff Carolyn Perlin filed a two-count complaint against defendant Time Inc., alleging in Count 1 that Defendant violated Michigan’s Video Rental Privacy Act (“VRPA”), Mich. Comp. Laws § 445.1711 et seq., and alleging in Count 2 that Defendant was unjustly enriched through its violation of the VRPA. (See Compl, Doc. 1). Now bef...
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United States Court of Appeals for the Federal Circuit ______________________ CHANGZHOU HAWD FLOORING CO., LTD., DUNHUA CITY JISEN WOOD INDUSTRY CO., LTD., DUNHUA CITY DEXIN WOOD INDUSTRY CO., LTD., DALIAN HUILONG WOODEN PRODUCTS CO., LTD., KUNSHAN YINGYI- NATURE WOOD INDUSTRY CO., LTD., KARLY WOOD PRODUCT LIMITED, FINE FURNITURE (SHANGHAI) LIMITED, ...
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United States Court of Appeals for the Federal Circuit ______________________ XILINX, INC., Plaintiff-Appellant v. PAPST LICENSING GMBH & CO. KG, Defendant-Appellee ______________________ 2015-1919 ______________________ Appe...
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Filed 2/15/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE PAUL ARGENTIERI, Plaintiff and Appellant, A147932 v. MARK ELLIOT ZUCKERBERG et al., (San Fran...
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Filed 2/15/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE EMANUELE SECCI, B270082 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. BC4...
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In the United States Court of Federal Claims BID PROTEST No. 16-1576C Filed Under Seal: February 2, 2017 Reissued for Publication: February 15, 2017* ) LIMCO AIREPAIR, INC., ...
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In the United States Court of Federal Claims BID PROTEST No. 16-1684C (Filed Under Seal: January 31, 2017 | Reissued: February 15, 2017)* ) MUNILLA CONSTRUCTION ) MANAGEMENT, LLC, ...
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Affirmed Concurs Concurs...
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FILED Feb 15 2017, 9:30 am CLERK Indiana Supreme Court ...
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FILED Feb 15 2017, 10:26 am CLERK Indiana Supreme Court ...
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Affirmed Concurs Concurs...
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hOn August 29, 2013, defendant John Chambers (“Defendant”) and his co-defendant, Kenneth Halley (“Halley”) were charged with the April 5, 2005, second-degree murder of Joseph Luden (“Victim”).1 After a three-day jury trial, Defendant and Halley were both found guilty as charged on December 9, 2015. Defendant filed a Motion for New Trial on January 8, 2016, and a Motion for Post-Verdict Judgment of...
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A Greenville County jury found Jeffrey Chapman met the statutory definition of a sexually violent predator (SVP) as set forth in South Carolina’s Sexually Violent Predator Act (the Act),1 and the trial court subsequently signed an order to civilly commit Chapman. In this direct appeal, Chapman presents a novel issue of law related to the right to counsel in SVP proceedings. We hold that persons co...
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OPINION & ORDER This matter is before the Court upon Defendants City of Cincinnati and Nicole Lee’s Motion for Judgment on the Pleadings. (Doc. 7) Plaintiffs filed a Response in Opposition (Doc. 8) and Defendants filed a Reply (Doc. 10). I. BACKGROUND This case centers, on Section 309-3 of the Cincinnati Municipal Code which requires an admission tax to be paid to the city of Cincinnati based on ...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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*1223ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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OPINION AND ORDER On February 2, 2017, the Portland City Council (“City Council”) unanimously adopted Ordinance No. 188219 (“Ordinance”). The Ordinance amends Portland City Code (“PCC”) § 30.01.085 (Portland Renter Additional Protections) to add a temporary requirement for the provision of relocation assistance to involuntarily displaced residential tenants during the current Portland housing eme...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-2360 LAMONTE LAKE, Plaintiff-Appellant, v. WEXFORD HEALTH SOURCES, INC., and CAROL JACKSON, Defendants-Appellees. ...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1434 Lower Tribunal No. 11-13440 ___...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D14-2530, 3D14-2529, 3D14-2528 & 3D14-2527 Lower Tribunal Nos. 06-10744, 08-24177A, 03-4217B, 01-2593...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-2899 Lower Tribunal No. 12-46272 ...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-928 Lower Tribunal No. 15-24559 ___...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-490 Lower Tribunal No. 15-190-P _____...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. ________________ No. 3D15-2765 Lower Tribunal No. 14-28843 ________________ Edly F. Calixte and Marie J. Petit-Frere, ...
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The enforcement of an arbitration clause in an internet sale of dietary supplements is the issue in this appeal. A seller of dietary supplements appeals a non-final order denying its motion to compel arbitration in a products liability action. The issue is whether the terms and conditions located on the seller’s website, which included an arbitration clause, were effectively incorporated into the ...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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*1224ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER Pending before the Court is the Motion to Dismiss of Defendants American Valet & Limousine, Incorporated, and American Valet Charters, LLC. (Doc. 13.) For the following reasons, the Court denies the motion. BACKGROUND According to Plaintiff Sheila Deschaaf s Complaint, Defendants “own, manage, maintain and or operate parking facilities throughout Arizona.1 (Doc. 1 at 5.) Des-chaaf alleges t...
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ORDER AND NOW, this 15th day of February, 2017, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Habeas Corpus is DENIED....
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Filed 1/26/17 Certified for publication 2/15/17 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA JOHN DOE et al., D069411 Plaintiffs and Appellants, v. ...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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OPINION delivered the opinion of the Court in which Keller, P.J., and Keasler, Hervey, Richardson, Newell, Keel, and Walker, JJ. joined. After being released from the penitentiary earlier than permitted by the statutory minimum sentence for his crime, Appellant was convicted of another crime, and his sentence was enhanced by his prior conviction. He argued on appeal that his pi’ior judgment of co...
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OPINION delivered the opinion of the Coui't in which Keller, P.J., and Keasler, Richardson, Newell, and Keel, JJ., joined. Pleading guilty to the offense of sexual assault in 1984, Appellant was convicted and later required to register as a sex offender. Twice after that, in 2007 and then again in 2009, he was convicted of the felony offense of failing to comply with sex-offender-registration requ...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*1225ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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*1226ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this -15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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ORDER AND REASONS Presently before the Court is “Defendants’ Motion to Dismiss Counts I, III, and IV of Plaintiffs’ First Amended Complaint” (Rec. Doc. 19) filed by First Student Management LLC and First Student Management, Inc. (collectively “First Student”). Plaintiffs1 have opposed the motion *400(Rec. Doc. 22), and'First Student has submitted a “Reply to Plaintiffs’ Opposition, to Defendants’...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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h Insurer appeals the trial court’s grant of summary judgment in favor of the plaintiff, declaring that the uninsured/underin-sured motorist (UM) coverage waivers that its insured executed were invalid; therefore, its commercial auto policy included UM coverage for the plaintiffs’ damages. For the following reasons, we reverse that judgment. FACTS On June 21, 2013, Lonny Hayes was injured in the c...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Alowance of Appeal is DENIED....
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ORDER GRANTING MOTION TO DISMISS INTRODUCTION Plaintiff Duanna Knighton, the former Tribal Administrator for defendant Cedar-ville Ranchería of. Northern Paiute Indians (“the Tribe”), seeks declaratory and in-junctive relief against the Tribe, Cedarville *1045Ranchería Tribal Court (“Tribal Court”), and Tribal Court Judge Patricia R. Lenzi (“Tribal Judge Lenzi”) (collectively “defendants”) to avo...
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*1227ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED. Justice Mundy did not participate in the consideration or decision of this matter....
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ORDER ON THE PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT This case concerns the Canada lynx, a wild cat that typically weighs about twenty pounds and- has long legs; large, well-furred paws; long tufts on the ears; and a short, black-tipped tail. Canada lynx are most commonly found in Canada and several states contiguous to Canada, including Maine. The U.S, Fish and Wildlife Service (the “Fish an...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED. The Application to Remand for a Grazier Hearing, the Application for Permission to File an Amended Petition for Allowance of Appeal, and the Application for Release on Bail are DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED. *1229Justice Donohue did not participate in the consideration or decision of this matter....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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ORDER AND NOW, this 16th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Court Below — Superior Court of the State of Delaware, Cr. ID 1210015494 DISMISSED....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-2352 Lower Tribunal No. 11-6146 ___...
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In this consolidated appeal, Appellant Todd Alexander challenges both (i) his conviction for animal cruelty, and (ii) the trial court’s revocation of his probation based on the animal cruelty conviction. Because the jury’s verdict is supported by competent, substantial evidence of when Alexander committed the crime, we affirm. Gonzalez v. State, 841 So.2d 650, 652 (Fla. 3d DCA 2003) (jury verdict ...
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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We affirm the trial court’s entry of summary judgment on Count I of Appellant Steven Vandesande’s Third Amended Complaint. Peeples v. Peeples, 871 So.2d 945 (Fla. 1st DCA 2004) (barring former husband’s supplemental petition on the basis of res judicata). We also affirm the trial court’s directed verdict on the remaining counts of Vande-sande’s Third Amended Complaint. Applegate v. Barnett Bank of...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1067 Lower Tribunal No. 13-4491 ____...
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-2576 Lower Tribunal No. 12-10447 ___...
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This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.801. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D). Because the record now before us fails to make the required showing,...
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-1441 Lower Tribunal No. 13-37048 __________...
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Third District Court of Appeal State of Florida Opinion filed February 15, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-1219 Lower Tribunal No. 11-10203 ...
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*347MEMORANDUM OPINION Remand....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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*2215Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV denied....
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*1230ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are: (1) Whether the Superior Court panel decision is in conflict with the Supreme Court of Pennsylvania’s decision in Commonwealth v. Washington, — Pa. -, 142 A.3d 810 (2016), decided July 19, 2016? (2) Whether the Superior Court panel decision ordered inappropr...
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Appellants are two police officers who appeal them dismissal from the force, claiming that it was in retaliation for the exercise of their First Amendment rights. The district court granted qualified immunity to the police chief on the ground that it was unclear whether the officers had acted as private citizens or government employees. For the reasons that follow, we affirm the judgment. I. Plain...
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Affirmed. See Durm v. State, 139 So.3d 370 (Fla. 3d DCA 2014); White v. State, 644 So.2d 174 (Fla. 3d DCA 1994); Coughlin v. State, 932 So.2d 1224 (Fla. 2d DCA 2006)....
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Affirmed. See Deakter v, Menendez, 830 So.2d 124,127 (Fla. 3d DCA 2002)....
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Affirmed. Wilson v. State, 880 So.2d 1287 (Fla. 3d DCA 2004)....
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We affirm the trial court’s order denying appellant’s “Notice of Expressed Demand for Performance,” which we have treated *147as an order summarily denying post-conviction relief. We write to explain the basis for our affirmance. Appellant’s “notice” sought a ruling on a motion for leave to supplement that he claims to have filed more than six years ago. Appellant alleged that he gave the suppleme...
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The question presented in this appeal is whether a sentencing judge may consider similar fact evidence admitted at trial. We hold that such similar fact evidence is a proper sentencing consideration under the Criminal Punishment Code and affirm. Appellant was charged with one count of sexual battery of a person 12 years of age or older, without physical force, contrary to section 794.011(5), Flori...
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In 2014, prior to the primary election for the office of Florida Attorney General, Perry Thurston submitted documents to the Division of Elections (“the Division”) in an attempt to meet the threshold required to qualify for state matching funds from the Election Campaign Financing Trust Fund. The Division rejected some of the documents—photocopies of checks—because necessary information contained ...
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The defendant appeals his conviction and sentence for first degree murder while *322engaged in the commission of a robbery, and tampering with physical evidence. He raises three issues. We find no merit in any of them, but write to discuss the third issue concerning the detective’s testimony regarding the defendant’s statement. We affirm. The evidence revealed that the victim, a sixty eight-year-o...
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OPINION & ORDER This matter is before the Court following a bench trial held January 11, 2017 through January 13, 2017 between Plaintiffs JTH Tax, Inc. d/b/a Liberty Tax Service and SiempreTax+, LLC (“Plaintiff1”) and Defendants Gregory Aime, Wolf Ventures, Inc. d/b/a Wolf Enterprises, Aime Consulting, LLC and Aime Consulting, Inc. (“Defendants”). After the trial, the Court SET ASIDE the Temporar...
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OPINION OakBend Medical Center appeals from an order denying summary judgment based on governmental immunity from suit. The order stems from a survival and wrongful death action brought by Domingo Martinez, Jr., Individually and as Representative of the Estate of Arturo Martinez. Arturo Martinez escaped from his bed at OakBend while undergoing psychiatric treatment. Wrist and ankle restraints wer...
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Affirmed. See Williams v. State, 202 So.3d 917 (Fla. 4th DCA 2016); Mobley v. State, 197 So.3d 572 (Fla. 4th DCA 2016). Warner, Gerber and Kuntz, JJ., concur....
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The issue presented is whether appellant had sufficient knowledge of the presence of a trace amount of cocaine found in a brass fitting, when the fitting by itself *151had legal uses. We find the state presented sufficient evidence that appellant knew of the presence of cocaine since the brass fitting had been altered with copper mesh in order to smoke cocaine, and burnt residue was visible in the...
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David Lishinsky appeals the trial court’s order revoking his probation in Case Nos. 11-6410CF1QA, 12-668CF10A and 13-10939CF10A. As the State concedes, the probation affidavit is not included in the record on appeal. However, because the transcript of the revocation hearing indicates the possible existence of the probation affidavit, we reverse and remand to the trial court to conduct further proc...
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*767ON MOTION FOR REHEARING We grant appellees’ motion for rehearing, deny rehearing en banc and certification, and withdraw our previous opinion. We hereby substitute the following. In a previous appeal, we affirmed the trial court’s order dissolving a temporary injunction entered in favor of Vital Pharmaceuticals, Inc. (“VPX”) and against the appellees who are two former employees of the compan...
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ORDER Cathy S. Conaway, individually and as conservator for her mother, joins with Sanks Enterprises, Inc. (SEI)—her mother’s tax-preparation business—in ■ moving to partially quash subpoenas arising out of H & R Block Eastern Enterprises, Inc. v. Sanks, CV416-206 (W.D. Mo.) (“Sanks” litigation). MC416-011, doc. 1, as amended, doc. 2. H & R Block (HRB), which filed Sanks against her brother for d...
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This opinion is subject to revision before publication UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES _______________ UNITED STATES Appellee v. Joseph R. DOCKERY III, Master Sergeant United States Air Force, Appellant ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA ) ) ) ) v. ) Criminal Case No. 04-128...
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MEMORANDUM OPINION AND ORDER Plaintiffs Charles Clendenny and Mark Ingram bring this action against their employer, the Architect of the Capitol (“AOC”), for an alleged violation' of the Congressional Accountability Act, 2 U.S.C. § 1301 et seq. (“CAA”). Plaintiffs are employed as insulators at the AOC, and their responsibilities include performing “asbestos abatement” procedures in the buildings ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) Kevin Crowley, ) ) Plaintiff, ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANIMAL LEGAL DEFENSE FUND, INC., Plaintiff, Case No. 16-cv-00914 (CRC) v. THOMAS J. VILSACK, et al., Defendants. MEM...
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MEMORANDUM & ORDER On February 3, 2016, after a seven-day trial, the jury returned a verdict on Plaintiff Larry Jackson’s claims under 42 U.S.C. § 1983 against New York City Police Department Officers Jesus Tellado, Stanley MacNear, John Czulada, James Gherardi, Ryann Dunn, Robert Deferrari, Kenneth Braumann, Ben Kurian, Peter Boneta, Thomas Reo, Michael Failla, and Brian Heerey (collectively, “I...
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MEMORANDUM OPINION Before the Court is Defendants Foremost Signature Insurance Company, Maryland Casualty Company, and Farmer’s Insurance Company’s motion to dismiss Plaintiff Product Source International, LLC’s Amended Complaint, For the reasons that follow, the Court will deny the motion to dismiss. 1. Background. The facts of this case were summarized in this Court’s Opinion1 on Defendants’ fi...
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Memorandum Order and Opinion Plaintiff Sara Designs, Inc. (“Sara Designs”) brings suit against A Classic Time Watch Co. Inc. (“A Classic Time Watch Co.”) and New York and Company, Inc. (“NY & Co.,” together with A Classic Time Watch Co., the “Defendants”), asserting claims for: (1) federal copyright infringement pursuant to Federal Copyright Act of 1976, 17 U.S.C. § 101 et seq. (“Copyright Act”);...
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Motion for reargument denied [see 28 NY3d 316 (2016)]. Judge Wilson taking no part....
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Motion by Swiss Bankers Association et al. for leave to appear amici curiae on the motion for reargument denied. Judge Wilson taking no part....
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Motion by Electrical Employers Self-Insurance Safety Plan for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed....
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Motion for reargument denied [see 28 NY3d 1041 (2016)]. Judges Rivera and Stein taking no part....
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MEMORANDUM OPINION AND ORDER The doctrine requiring parties to finish up their agency proceedings before coming to federal court is called exhaustion. It will be clear by the end of this Opinion that the doctrine deserves the name. M.L. Johnson Family Properties filed this suit while still involved in a related agency action. The targets of that complaint now argue that Johnson’s eagerness—and fa...
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ORDER Before the Court are Defendant’s Motion to .Dismiss for Failure to State a Claim (Doc. 6) and Plaintiffs Motion to Amend Complaint (Doc. 12). For the following reasons, Defendant’s Motion to Dismiss (Doc. 12) is GRANTED and Plaintiffs Motion to Amend (Doc. 12). is DENIED. *1377BACKGROUND Plaintiff Titi Pierce initiated this action on June 2, 2016. (Doc. 1). Plaintiffs Complaint alleges that...
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Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1023 (2016)]....
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1st Dept: 142 AD3d 776 granted...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2016-CP-00389-COA RONALD DAVID WRIGHT A/K/A RONALD APPELLANT WRIGHT A/K/A RONALD D. WRIGHT A/K/A ROBERT WRIGHT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 02/24/2016 TRIAL J...
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1st Dept: 145 AD3d 472 denied*...
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*1165Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution....
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Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution. Judge Abdus-Salaam taking no part....
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Motion for reargument denied [see 28 NY3d 1051 (2016)]. Motion for poor person relief dismissed as academic. Judge Wilson taking no part....
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Reported below, 133 AD3d 96. Motion by Securities Industry and Financial Markets Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Chief Judge DiFiore and Judge Garcia taking no part....
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Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution (see Whitfield v City of New York, 90 NY2d 777, 780-781 [1997])....
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Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved....
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Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1069 (2016)]....
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Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Judge Stein taking no part....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) FISHERIES SURVIVAL FUND, et al., ) ) Plaintiffs, ) ) v. ...
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On September 3, 2013, Flo & Eddie, Inc. (“Appellee”), a California corporation that asserts it owns the recordings of “The Turtles,” a well-known rock band with a string of hits in the 1960s, sued Sirius XM Radio, Inc. (“Appellant”), a Delaware corporation that is the largest radio and internet-radio broadcaster in the United States. The suit was brought on behalf of itself and a class of owner...
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Case: 16-60104 Document: 00513877675 Page: 1 Date Filed: 02/15/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-60104 Fifth Circuit ...
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A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. *657The Clerk will specify a briefing schedule for the filing of supplemental briefs....
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United States Court of Appeals for the Eighth Circuit ___________________________ No. 15-3149 ___________________________ Maria Dolores Fuentes-Erazo; Gerardo Yosimar Fuentes-Erazo lllllllllllllllllllllPetitioners ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3656 ___________________________ Gyronne Buckley lllllllllllllllllllll Plaintiff - Appellant ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3952 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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ON MOTION TO STRIKE ANSWER BRIEF Appellant’s Motion to Strike Answer Brief of Guardian Ad Litem as Untimely Filed is granted. RAY and WINSOR, JJ., concur; MAKAR, J., concurring with opinion....
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In this workers’ compensation case, Appellant challenges an order of the Judge of Compensation Claims (JCC) denying all requested benefits. In five issues on appeal, Appellant challenges the exclusion of evidence and the rejection of his argument based on the “120-day rule,” section 440.20(4), Florida Statutes. Although we affirm without further comment the exclusion of the authorized treating pro...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Drew J. Bauer, individually and : d/b/a AmbroseBauer Trains (LLC), : : Petitioner : : v. : No. 501 M.D. 2015 ...
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OPINION BY Kevin A. Pezzano (Pezzano) appeals from the October 2, 2015 order of the Court of Common Pleas of Montgomery County (trial court), sustaining the preliminary objections of Towamencin Township (Township) and dismissing, with prejudice, Pezzano’s complaint asserting a claim for breach of contract. Pezzano was employed by the Township as its Fire Marshal, Code Enforcement Officer, and Eme...
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MEMORANDUM OPINION In this lawsuit,- plaintiff Stephen B. Pence has brought claims against defendant GEE Group, Inc. (“GEE”), for which Pence formerly .served as chairman, seeking indemnification for attorney’s fees and other expenses. GEE has moved-to dismiss under the - doctrine of forum non conve-niens, or, in the alternative, to transfer the case to the Northern District of Illinois under 28 ...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION On November 22, 2016, the undersigned United States District Judge heard oral argument on Defendant 3M Company’s (“3M”) Motion to Dismiss [Docket No. 25], Plaintiff City of Lake Elmo (“Lake Elmo”) is suing 3M to recover costs incurred in response to the discovery of perflouro-chemicals in its drinking water supply. For the reasons set forth below, 3M’s ...
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MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT Introduction Plaintiff Harry De Prins (“Plaintiff’ or “De Prins”) asserts a single claim against Defendants Michael J. Michaeles, as Personal Representative of the Estate of Donald Belanger and Trustee, of the Donald Belanger Irrevocable Trust, and the Donald Belanger Irrevocable Trust Dated October 28, 2008...
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OPINION AND ORDER REVERSING DECISION TO DENY LONG TERM DISABILITY BENEFITS Plaintiff James Chamness, M.D., filed a complaint under the Employee Retirement Income Security Act (ERISA). Chamness alleges that his application for long-term disability benefits was improperly denied by Defendant Liberty Life, the fiduciary of the employee welfare benefit plan provided by his employer. Chamness claims t...
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OPINION ¶ 1 Jeffrey Gullett appeals the judgment compelling arbitration of his statutory claim for abuse and neglect of his late father Win-ford Gullett pursuant to Arizona’s Adult Protective Services Act (APSA), AR.S. §§ 46-451 to 46-459. He argues the arbitration agreement is substantively unconscionable and, alternatively, the trial court erred in failing to allow discovery and grant an evi-de...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0037p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SUMMA HOLDINGS, INC., ┐ Petiti...
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On June 8, 2014, Jerad and Amanda Miller, originally of Lafayette, Indiana, shot and killed two police officers and one civilian in Las Vegas. The couple died in an ensuing shootout with police, Amanda committing suicide after Jerad was shot. At approximately 11:15 p.m. on June 19, 2014, Samuel L. Bradbury, a Lafayette resident, placed the following message on his Facebook “wall,” where it was rea...
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United States Court of Appeals for the Federal Circuit ______________________ LAURENCE M. FEDORA, Petitioner v. MERIT SYSTEMS PROTECTION BOARD, Respondent UNITED STATES POSTAL SERVICE, Intervenor ______________________ 2015-...
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United States Court of Appeals for the Federal Circuit ______________________ METALCRAFT OF MAYVILLE, INC., DBA SCAG POWER EQUIPMENT, Plaintiff-Appellee v. THE TORO COMPANY, EXMARK MANUFACTURING CO., INC., Defendants-Appellants ______________________ ...
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Filed 2/16/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, G052951 v. (Super. Ct. No. 0...
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Filed 2/16/17 IN THE SUPREME COURT OF CALIFORNIA ROY ALLAN SLURRY SEAL, INC., et al., ) ) Plaintiffs and Appellants, ) ) S225398 v. ) ) Ct.App. 2/8 B255558 AMERICAN ASPHALT SOUTH, ...
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Filed 2/16/17 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Petitioner, ) ) S228642 v. ) ) Ct.App. 4/2 E061754 THE SUPERIOR COURT ...
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In the United States Court of Federal Claims No. 12-85 C Filed: February 15, 2017 **************************************** * ADVANCED AEROSPACE * TECHNOLOGIES, INC., * * Plaintiff, ...
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Appellant, Marcus Goggins, appeals his convictions and sentences for use of another person’s identification without consent and grand theft and raises three issues, only one of which merits discussion and reversal. Appellant contends that the trial court erred in admitting collateral act evidence where the evidence showed only his propensity to commit bad acts. We agree and, therefore, reverse App...
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FILED Feb 16 2017, 5:43 am CLERK Indiana Supreme Court Court of ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Kenneth G. Doane, Jr. Richard T. Mullineaux Doane Law Office, LLC Crystal G. Rowe Jeffersonville, Indiana Whitney E. Wood Alyssa C.B. Cochran Kig...
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ATTORNEYS FOR PETITIONER: ATTORNEYS FOR RESPONDENT: RANDAL J. KALTENMARK CURTIS T. HILL, JR. ZIAADDIN MOLLABASHY ATTORNEY GENERAL OF INDIANA BARNES & THORNBURG LLP JESSICA R. GASTINEAU Indianapolis, IN WINSTON LIN ...
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No. 8 February 16, 2017 47 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Respondent on Review, v. RYLEY JEANNE MORGAN, Petitioner on Review. (CC 11CR0886; CA A152692; SC S063831) En Banc On review from the Court of...
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J-S88031-16 2017 Pa. Super. 39 IN THE INTEREST OF: L.E.A-M., IN THE SUPERIOR COURT OF A MINOR PENNSYLVANIA APPEAL OF: J.A-M., UNCLE No. 1984 EDA 2016 Appeal from the Order Entered May 26, 2016, in the Court of Common Pleas of Lehigh C...
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J. E03006/16 2017 Pa. Super. 38 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : ANDREW JOSIAH GOSLIN, ...
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J-S80037-16 2017 Pa. Super. 37 IN RE: FOREMOST INDUSTRIES, : IN THE SUPERIOR COURT OF INC. : PENNSYLVANIA RALPH C. MICHAEL : : : v. : : : GLD FOREMOS...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 8 IN THE SUPREME COURT OF THE STATE OF UTAH LANCER INSURANCE COMPANY, Appellant, v. LAKE SHORE MOTOR COACH LINES...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 15 OCTOBER TERM, A.D. 2016 February 16, 2017 CASSANDRA L. McEUEN, Appellant (Defendant), v. S-16-0135 THE STATE ...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 16 OCTOBER TERM, A.D. 2016 February 16, 2017 IN THE MATTER OF THE WORKER'S COMPENSATION CLAIM OF: VALERIE PRICE, Appellant (Petitioner), v. ...
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Case: 16-14714 Date Filed: 02/16/2017 Page: 1 of 7 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-14714 Non-Argument Calendar ...
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Filed 2/16/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H043360 (Santa Cruz County Plaintiff and Appellant, Super. Ct. No. F23816) v....
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Court Below: Superior Court of the State of Delaware, C.A. No. N15C-04-012 AFFIRMED....
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Petitioner Jorge Guzman has filed a petition seeking issuance of a writ of habeas corpus, to remedy his alleged illegal incarceration. Guzman asserts that the trial court ordered him to be held without bond, without conducting a proper hearing, and without making the necessary findings required under sections 907.041 and 903.046, Florida Statutes (2017), and Florida Rules of Criminal Procedure 3.1...
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Supreme Court of Florida ____________ No. SC15-1147 ____________ JOHN PATRICK, Petitioner, vs. RICHARD HESS, et al., ...
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Affirmed Concurs Concurs...
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FILED Feb 16 2017, 5:35 am CLERK Indiana Supreme Court Court of ...
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Feb 16 2017, 6:03 am the defense of res judicata, collateral CLERK ...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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OPINION We consider whether the portion of a judgment rendered on a jury verdict for past medical expenses must be reduced in light of a health care provider’s post-verdict, prejudgment agreement to reduce its lien against the plaintiffs recovery of the same. It does not. We will affirm. Appellee Mark Sosa was hospitalized at John Peter Smith Hospital (JPS) for approximately six days in late 2011...
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Case: 12-14009 Date Filed: 02/16/2017 Page: 1 of 90 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14009 ...
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Filed 2/16/17 Certified for publication 3/7/17 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR CITY OF CRESCENT CITY, Plaintiff and Respondent, A143640 v. SARVADA...
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Filed 2/16/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR BANK OF NEW YORK MELLON, B262899 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SC120390) ...
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Supreme Court of Florida ____________ No. SC15-1323 ____________ THE FLORIDA BAR, Complainant, vs. MICHAEL EUGENE WYNN, Responden...
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Published Order Suspending Respondent from the Practice of Law in Indiana for Noncooperation On September 16, 2016, in Case Nos. 61S00-1609-DI-482 and DI-483, this Court ordered Respondent to show cause why Respondent should not be immediately suspended from the practice of law in this state for failure to cooperate with the Commission’s investigation of grievance Nos. 17-0052 and 17-0009 respecti...
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2017 ME 30 Docket: Ken-16-129 Submitted On Briefs: January 19, 2017 Decided: February 16, 2017 Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, HJELM, and HUMPHREY, JJ. STATE OF MAINE ...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 18 JB Construction, Inc., Petitioner and Appellant v. Job Service North Dakota, Respondent and Appellee No. 20160270 Appeal from the District Court of Emmons County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge. AFFIRMED. Opinion o...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 22 Wayne A. Nusviken and Janel C. Nusviken, Plaintiffs and Appellees v. DeWayne Alan Johnston, individually, and DeWayne Alan Johnston, as registered agent of Johnston Law Office, P.C., a/k/a Johnston Law Office, Defendants and Appellants No. 20160233 Appe...
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[¶ 1] Michael Cox appeals from a criminal judgment entered after he pled guilty to assault. Cox argues his guilty plea was involuntary and the case should be remanded to the district court for a decision on his motions to withdraw his guilty plea. We affirm the judgment. I [¶ 2] On January 26, 2016, Cox was charged with aggravated assault, a felony. The State alleged Cox willfully caused serious b...
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[¶ 1] Steven Gibson appeals from a criminal judgment entered upon his conditional guilty plea after the district court rejected *853his claim that the State violated his right to a speedy trial. The issue is whether the ninety-day period under N.D.C.C. § 29-19-02 began when Gibson gave his speedy trial request to the prison for mailing or whether it began when the district court and the state’s at...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 24 Melissa S. Rathbun, Plaintiff and Appellee v. Samuel R. Rathbun, Defendant and Appellant and State of North Dakota, Real Party in Interest No. 20160180 Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Joshua...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 27 Carl Michael Hoverson, Plaintiff and Appellee v. Sandra Morten Hoverson, Defendant and Appellant No. 20160175 Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Jon J. Jensen, Judge. AFFIRMED. Opinion ...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 13 In the Matter of C.D.G.E. J.E., Petitioner and Appellant v. A.P., Respondent No. 20160150 Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail Hagerty, Judge. AFFIRMED. Opinion of the Court by Tufte, Ju...
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[¶ 1] J.E. appeals a district court order denying his petition to terminate A.P.’s parental rights to their child, C.D.G.E. We affirm, concluding the district court did not abuse its discretion by denying the petition where it was not established that denying the petition would seriously affect the child’s welfare. I [¶ 2] C.D.G.E. was born in 2010. Since 2014, J.E. has had primary residential res...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 31 Rick Snider and Janan Snider d/b/a RJ Snider Construction, Plaintiffs and Appellants v. Granville "Beaver" Brinkman, Defendant         and Dickinson Elks Building, LLC,                                                 Defendant and Appellee No. 20160145 ...
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[¶ 1] Wesley Cody appeals from a district court’s order denying his application for post-conviction relief. He argues the district court erred by not holding an evi-dentiary hearing before denying his application. We conclude the district court is not required to hold an evidentiary hearing unless requested by a party. Because the district court may deny a defendant’s application for post-convicti...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 28 In the Interest of Danny Robert Nelson Lonnie Olson, State's Attorney, Petitioner and Appellee v. Danny Robert Nelson, Respondent and Appellant No. 20160113 Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan J...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 17 Sandra A. Glass, Plaintiff and Appellant v. James K. Glass, Defendant and Appellee No. 20160112 Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge. AFFIRMED. Opinion of the Court by Van...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 25 Willard Burk, Plaintiff and Appellant v. State of North Dakota, by and through its Board of University and School Lands and Ryan Rauschenberger, Tax Commissioner of the State of North Dakota, Defendants and Appellees No. 20160108 Appeal from the District ...
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[¶ 1] Justin Beckstrand and James Beckstrand, through his surviving spouse, Cynthia Beckstrand, appeal from a judgment awarding $164,202.40 in 2015 farm rental payments to Julie Beckstrand, the personal representative of John Beckst-rand’s estate. Because the district court’s findings are inadequate to explain the basis for its equitable decision to award the farm rental payments to Julie Beckstra...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 14 Jon David Norberg, M.D. & Jon Norberg, M.D., P.C., Plaintiffs and Appellants v. Alonna Knorr Norberg, Defendant and Appellee No. 20160098 Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge. ...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 21 Joni Tillich, Nichole LaFloe, Shawn Marcellais, Lisa DeCoteau, and Lynn Boughey, Plaintiffs and Appellees v. Don Bruce, Vinier "Poin" Davis, and Linda Davis, Defendants and Appellants No. 20160094 Appeal from the District Court of Rolette County, Northeast Ju...
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[¶ 1] After the United States Supreme Court remanded these administrative license. suspension cases to this Court for further proceedings under Birchfield v. North Dakota, — U.S. —, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), we directed reargument on issues about: (1) the appropriate forum to determine findings regarding voluntariness of the drivers’ consent to warrantless blood tests incident to a l...
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ORDER DENYING DEFENDANT GLENN DESHAWN BROWNE’S MOTION TO SUPPRESS EVIDENCE I. INTRODUCTION Defendant Glenn Deshawn Browne has been charged with one count of conspiracy to receive, possess, conceal, store, sell and dispose of stolen firearms in violation of 18 U.S.C. § 371; one count of receipt, possession, concealment, storage, sale and disposal of stolen firearms in violation of 18 U.S.C § 922(j)...
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*191DISSENTING OPINION1 I.Introduction A jury found Appellant Calub Bocanegra guilty of the offense of aggravated sexual assault of a child younger than fourteen years of age. See Tex. Penal Code Ann. § 22.021(a)(1)(B)(i), (a)(2)(B) (West Supp. 2016). Because I disagree with the Majority Opinion’s conclusions that the evidence is insufficient to support Bocanegra’s conviction and the jury’s rejec...
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OPINION I. Introduction Appellants D.A. and M.A, bring this interlocutory appeal challenging the trial court’s grant of summary judgment in favor of Appellees Texas Health Presbyterian Hospital of Denton (THP), Marc Wilson, M.D., and Alliance OB/GYN Specialists, PLLC d/b/a OB/GYN Specialists, PLLC. We granted permission to appeal on a single issue—-whether civil practice and remedies code section...
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MEMORANDUM OPINION On May 5, 2016, Kesslyn Brade Stennis (“Brade Stennis”), a former professor at Bowie State University (“Bowie State”), filed a Complaint alleging unlawful retaliation under Title VII, Title IX, and Maryland’s Fair Employment Practices Act (“FEPA” or “Title 20”). She alleged that her supervisor, Dr. Andre Stevenson, retaliated against her after she voiced the concerns of certain...
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MEMORANDUM & ORDER The Great Recession of 2008 plunged the nation into a frightening crisis in the home mortgage market. In the darkness of the crisis, many home owning families saw their dreams dashed. Here, we finally see, and warmly welcome, the light of a new day. In this long-lived foreclosure action, plaintiff Eastern Savings Bank, fsb, (“ESB”), ■without objection, moves to (i) vacate the F...
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Supreme Court of Florida ____________ No. SC15-1037 ____________ RUTH D. LEDOUX-NOTTINGHAM, Petitioner, vs. JENNIFER JOY DOWNS, etc., ...
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Supreme Court of Florida ____________ No. SC15-1257 ____________ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. SHANDS JACKSONVILLE MEDICAL CENTER, INC., Responde...
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Supreme Court of Florida ____________ No. SC16-181 ____________ IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE. [February 16, 2017] PER CURIAM. We have for consideration the regular-cycle report1 of The Florida Bar's Code and Rules of ...
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The issue in this case is whether the trial court properly applied strict scrutiny when reviewing the Mandatory Delay Law, which imposes an additional twenty-four hour waiting period on women seeking to terminate their pregnancies. See ch. 2015-118 § 1, Laws of Fla. (codified at § 390.0111(3), Fla. Stat. (2015)) (“Mandatory Delay Law”). The Mandatory Delay Law implicates the Florida Constitution’s...
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 19 Darwin and Jean Krenz, Plaintiffs, Appellees and Cross-Appellants v. XTO Energy, Inc., Defendant, Appellant and Cross-Appellee No. 20160096 Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge....
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Filed 2/16/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 26 Kevin Klein and Lynn Klein, Plaintiffs and Appellants v. Glen Sletto, Norine Sletto, and Gregory Sletto, Their Heirs, Defendants and Appellees and Donald Schmidt, and Any Person in Possession of the Real Property Described in the Complaint, and Any Person in Poss...
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MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs, truck drivers formerly employed by Indian River Transport Co. (“Indian River”), brought this action on behalf of themselves and similarly aggrieved employees against Indian River alleging various violations of California law, including 1) Labor Code § 226.7 (failure to provide mandated rest breaks); 2) Labor Code § 226(a)...
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Supreme Court No. 2014-334-Appeal. No. 2014-335-Appeal. (PC 06-5973) Louis Paolino et al. : v. : Joseph Ferrei...
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MEMORANDUM OPINION & ORDER This matter is before the Court on the Amended Motion Under 28 U.S.C. § 2255 *819To Vacate, Set Aside, Or- Correct Sentence (Doc. 3) filed by Stacy M. Haynes (the “Petitioner”). The motion has been fully briefed and is ready for decision. For the reasons discussed below, the motion is GRANTED in Part, DENIED in Part and DISMISSED in Part. Mr. Haynes will be resentenced....
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Cite as 2017 Ark. 36 SUPREME COURT OF ARKANSAS No. CV-16-284 Opinion Delivered: February 16, 2017 CITY OF CONWAY, AN ARKANSAS MUNICIPALITY APPEAL FROM THE FAULKNER APPELLANT COUNTY CIRCUIT COURT ...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1678 MICHAEL A. WILLNER, Debtor in Possession; MARGUERITE EVANS WILLNER, Plaintiffs – Appellants, v. JAMES DIMON, individually, as President and CEO of JP Morgan Cha...
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Filed 2/16/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT PROFESSIONAL COLLECTION H042686 CONSULTANTS, (Santa Clara County Super. Ct. No. 1-11-CV-21...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROOSEVELT KIRK, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-...
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*326ON MOTION FOR REHEARING Upon defendant’s conviction, the trial court—at the State’s urging—verbally imposed at sentencing a “venire fee” in the amount of $1,000, ostensibly to offset costs associated with empaneling the jury. The court cited no statutory authority for the fee in the final judgment. Defendant timely, but unsuccessfully, challenged the fee saying it was unauthorized. On appeal,...
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OPINION UPON REMAND By order issued December 15, 2016, in Graves v. State, SC16-1360, this court’s previous opinion was quashed and remanded for reconsideration, in light of Hatten v. State, 203 So.3d 142 (Fla. 2016). Upon reconsideration of this appeal, Appellant’s conviction, upon the jury’s guilty verdict, for attempted second-degree murder while in possession of a firearm is affirmed. However,...
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ON REMAND FROM THE FLORIDA SUPREME COURT We originally reversed Tramel’s conviction for attempted second-degree murder and aggravated battery with a deadly weapon and remanded for a new trial based on this court’s decision in Floyd v. State, 151 So.3d 452 (Fla. 1st DCA 2014). However, the Florida Supreme Court quashed our original opinion in this case and remanded for reconsideration upon applicat...
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MEMORANDUM OPINION & ORDER The Court grants Defendant’s motion to dismiss [20], and this case is dismissed as nonjusticiable. STATEMENT This case concerns the constitutionality of Illinois’ Youth Mental Health Protection Act (“YMHPA” or “the Act”), which generally prohibits mental health providers who practice in “trade or commerce” from engaging in sexual orientation change efforts (i.e., conver...
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MEMORANUM OPINION AND ORDER Kenneth Jackson brought suit against Experian Information Solutions, Inc., Ocwen Loan Servicing, LLC,. and Residential Credit Solutions, Inc. (RCS), alleging violations of the Fair Credit Reporting Act (FCRA). After the Court denied RCS’s motion to dismiss, Jackson v. Experian Information Solutions, Inc., No. 15 C 11140, 2016 WL 2910027 (N.D. Ill. May 19, 2016), Jackson...
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MEMORANDUM OPINION AND ORDER On August 26, 2016, Plaintiff Belinda Carlvin brought the present Complaint against Ditech Financial Services, LLC and Landmark Asset Receivables Management, LLC, collectively “Defendant,”1 alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), , specifically, 15 U.S.C. § 1692e(5) and e(10). Before the Court is Defendant’s mo...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHNNIE PARKER, et al., Plaintiffs, v. JOHN MORIARTY & ASSOCIATES, Defendant/Third Party Plaintiff, v. Civil Action No. 15-1506 (CKK) STRITTMATTER METRO, LLC, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DOUGLAS BOURDON, Plaintiff v. Civil Action No. 15-2241 (CKK) UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants MEMORANDUM OPINION ...
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Slip Op. 17-16 UNITED STATES COURT OF INTERNATIONAL TRADE WELL LUCK CO., INC., Plaintiff, Before: Claire R. Kelly, Judge v. Court No. 13-00064 UNITED STATES, Defendant. ...
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MEMORANDUM OPINION Petitioner Randy Lee Bryant, Jr. brings this habeas corpus petition pursuant to-28 U.S.C. § 2255, asking the court to vacate -or -correct Ms sentence in light of the United States Supreme Court’s recent decision in Johnson v. United States, - U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). ECF N,o. 28. The government has moved to dismiss Bryant’s § 2255 motion, ECF No. 33, and B...
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OPINION OF THE COURT BY Unifund CCR Partners (Unifund) appeals the decision of the Court of Appeals to reverse the Nelson Circuit Court’s dismissal of Carol Harrell’s counterclaim pursuant to Kentucky Rule of Civil Procedure (CR) 12.02. This Court granted discretionary review, and for the reasons stated herein, we affirm the opinion of the Court of Appeals and remand to the circuit court for furt...
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RENDERED: FEBRUARY 16, 2017 TO BE PUBLISHED §Supreme Tourf of Benluckg 2016-SC-00024Q-WC COMMONWEALTH OF KENTUCKY, APPELLANT UNINSURED EMPLOYERS' FUND ~ ON APPEAL FROM COURT OF APPEALS V. CASE NO. 2015-CA-001854-WC WORKERS' COMPENSATION NO. 11-WC-002 11 KARA SIDEBOTTOM (A/ K/A KARA APPELLEES HARVILLE); WHITNEY BRAND INC.; HON. GRANT ROARK, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATIO...
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OPINION OF THE COURT BY Property owners Nellie Fleming, Carl Bentley, Herbert Bentley, and Billy Joe Bentley (Appellants) appeal from a decision of the Court of Appeals which vacated a judgment of the Pike Circuit Court awarding compensatory and punitive damages for an.alleged trespass upon their land by Appellee, EQT Gathering, LLC (EQT). The Court of Appeals concluded that the trial court erred ...
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DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FED, R. CIV. P. 12(c) On January 19, 2016, Plaintiff United Specialty Insurance Company (“Plaintiff’ or “United”) brought this action for declaratory judgment, pursuant to 28 U.S.C. § 2201, seeking a declaration that it has no obligation to defend or indemnify Defendant CDC Housing, Inc. (“CDC”) in an underly...
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MEMORANDUM ORDER Before the Court is the motion of defendant Health Care Service Corporation (“HCSC”) to dismiss the complaint of plaintiff The Icahn School ,of Medicine at Mount Sinai (“Mount Sinai”) alleging claims of negligent misrepresentation (Count I), promissory estoppel (Count II), and violations of New York General Business Law (“GBL”) § 349 (Count III). For the following reasons, the Co...
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Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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CONCURRING IN RESULT ONLY: While I agree with the majority in all other respects, I disagree as to its holding that a threat to erase one’s mind through the use of black magic can never rise to the level of forcible compulsion. Paul’s belief that Murphy could actually erase his mind is central to this analysis. Our brains are our most protected organs. The fact that one cannot visibly see a memory...
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OPINION OF THE COURT BY The Lexington-Fayette Urban County Government adopted Ordinance 14-5 prohibiting all begging and soliciting from public streets or intersections within the urban-county area.1 Dennis Champion was arrested and charged with violating this ordinance. He appeals the judgment of conviction and sentence that followed his - conditional guilty plea to that charge in district court...
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OPINION OF THE COURT BY Appellant, Paul F. Lamb, appeals from a judgment of the McCracken Circuit Court convicting him of eleven crimes: 1) failure to or improper signal; 2) careless driving; 3) two counts of first degree trafficking in a controlled substance (Percocet), greater than ten dosage units, subsequent offense; 4) trafficking in marijuana, less than eight ounces, subsequent offense; 5) p...
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ORDER J. MICHAEL FARRELL, formerly of WENONAH, who was admitted to the bar of this State in 1980, having been convicted in the United States District Court for the District of Maryland of money laundering conspiracy, in violation of 18 U.S.C. § 1956(h); money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i), witness tampering, in violation of 18 U.S.C. § 1512(b)(3); and tampering with offi...
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ORDER Not anchored by a non-competition or a non-solicitation contract, former Yellowfin Yachts executive Kevin Barker left Yellow-fin and founded a competitor, Barker Boatworks. With the aid of nautical architect Michael Peters, Barker designed a twenty-six-foot, center-console bay boat with a “sweeping” or “s” sheer line. Typically co-extensive with a boat’s rubrail, the sheer line describes th...
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TO BE PUBLISHED §§upreme Tonri uf Benfm:kg 2016~ SC- 000662- KB MARC ALAN wELLs ‘ ' MovANT v. IN sUPREME coURT KENTUCKY BAR AssoclATIoN l REsPoNDENT oPnnoN Am) oRnER Marc Alan Wells was admitted to the practice of law on October 1, 197 5. Wells's bar roster address is 209 W. Main Street, Princeton, Kentucky 42445, and his Kentucky Bar Association (KBA) member number is 75747. Pursuant to Su...
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RENDERED: FEBRUARY 16, 2017 TO BE PUBLISHED §upreme Court of Beninckg 2016-SC-000063-DG CLARENCE L. COBB APPELLANT ON REVIEW FROM COURT OF APPEALS V. CASE NO. 2014-CA-OOO4 19-MR GRAVES CIRCUIT COURT NO. 13-CR-001 19 COMMONWEALTH OF KEN'I`UCKY APPELLEE OPINION OF THE COURT BY JUSTICE WRIGHT AFFIRMING Clarence Cobb entered a conditional guilty plea in Graves Circuit Court to possessing a hand...
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| .¿The defendants, John River Cartage, Inc., John River Aggregate, LLC, Synthetic Aggregates of Louisiana, LLC, and John K. Snyder, Jr., appeal a judgment piercing the corporate veils of John River Cartage, Inc., John River Aggregate, LLC, Synthetic Aggregates of Louisiana, LLC and finding Mr. Snyder personally liable to the plaintiff, Fausse Riviere, LLC (Fausse Riviere), for damages due in acco...
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Upon consideration of the Joint Petition for Indefinite Suspension by Consent filed herein pursuant to Maryland Rule 19-736 and Respondent's acknowledgement therein that sufficient evidence exists to sustain allegations that he committed professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.15(a) & (d), 1.16(d), 8.1(b) and 8.4(d) of the Maryland Lawyers' Rules of Professional Conduct in e...
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OPINION This matter comes before the Court on Plaintiff Michael Beattie’s motion for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.G § 2412(d). The Commissioner of Social Security (the “Commissioner”) opposes the motion. The Commissioner does not contest that Plaintiff is the prevailing party, nor does the Commissioner object to counsel’s hourly rate; rather, the Commissio...
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REDACTED—PUBLIC VERSION MEMORANDUM OPINION I. BACKGROUND Plaintiffs Intellectual Ventures I LLC and Intellectual Ventures II LLC (collectively,- “IV”) brought this patent-infringement suit against Defendants Symantec Corporation and Veritas Technologies (collectively, “Symantec”). IV asserts that Symantec’s WR product infringes claims 25 and 33 of U.S. Patent No. 5,537,533 (see D.I. 297 at 2 & n....
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals....
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01187-SCT JON A. SWARTZFAGER v. THOMAS R. SAUL DATE OF JUDGMENT: 07/08/2015 TRIAL JUDGE: HON. HOLLIS McGEHEE COURT FROM WHICH APPEALED: JONES COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: GLENN S. SWARTZFAGER ATTOR...
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h Relators, Dr. Stephen D. Cook (Dr. Cook) and his wife, Samantha Salkeld (Salkeld), seek supervisory writs from a ruling rendered by the Fourteenth Judicial District Court, Parish of Calcasieu, the Honorable Ronald F. Ware, presiding. The ruling at issue followed a remand of the matter by the Louisiana Supreme Court in In Re: Marshall Legacy Foundation, 16-215 (La. 2/12/16), 186 So.3d 1171. For a...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-CA-01910-SCT EARNEST LEE v. JOHN EARL BOOKER DATE OF JUDGMENT: 08/31/2015 TRIAL JUDGE: HON. W. ASHLEY HINES COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: ANTHONY LOUIS SCHM...
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IN THE SUPREME COURT OF MISSISSIPPI NO. 2015-IA-01260-SCT JOHN K. HAMILTON v. KIDRON S. WISE YOUNG DATE OF JUDGMENT: 08/19/2015 TRIAL JUDGE: HON. TALMADGE D. LITTLEJOHN COURT FROM WHICH APPEALED: LEE COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: WILLI...
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joined by JOSÉ A. CABRANES, Circuit Judge, dissenting from the denial of rehearing in banc: I respectfully dissent from the denial of rehearing in bane. The panel weighed in on the wrong side of a circuit split, affirmed a criminal conviction based on the most vague of residual clauses, and in so doing has cleared a garden path for prosecutorial abuse. I Marinello was convicted at trial on nine co...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1681 ___________________________ Edward Huyer; Connie Huyer; Carlos Castro; Hazel P. Navas lllllllllllllllllllll Plaintiffs - Appellees Wells Fargo & Company; Wells Fargo Bank, N.A. lllllllllllllllllllll Defend...
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PRESENT: Lemons, C.J., Goodwyn, Mims, McClanahan, Kelsey, and McCullough, JJ., and Koontz, S.J. FOREST LAKES COMMUNITY ASSOCIATION, INC., ET AL. OPINION BY v. Record No. 151779 JUSTICE D. ARTHUR KELSEY February 16,...
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PRESENT: All the Justices THE FUNNY GUY, LLC, ET AL. OPINION BY v. Record No. 160242 JUSTICE D. ARTHUR KELSEY February 16, 2017 LECEGO, LLC, ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY ...
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PRESENT: All the Justices SHERYL DENISE RICKETTS OPINION BY v. Record No. 160311 JUSTICE WILLIAM C. MIMS February 16, 2017 CHARLIE EDWARD STRANGE, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE ...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http...
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FOURTH DIVISION ELLINGTON, P. J., BRANCH and MERCIER, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaapp...
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THIRD DIVISION MILLER, P. J., MCFADDEN, P. J., and MCMILLIAN, J. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaa...
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www...
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OPINION Appellant Alexis Lopez brings two issues on appeal: (1) the trial court erred by entering cumulation orders in the written judgments that conflict with the trial court’s oral pronouncement of the sentences; and (2) the trial court erred by failing to instruct the jury on the burden of proof, at the punishment phase, regarding extraneous offenses. We reform the trial court’s judgments and a...
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OPINION Appellant Melvin Straight challenges his conviction for evading arrest, complaining in four issues that the trial court erred in paraphrasing instead of reading the entire jury charge to the jury and that appellant received ineffective assistance of counsel. Given that appellant has not shown that he was egregiously harmed by the trial court’s failure to read the jury charge or harmed by ...
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OPINION Dynomax Drilling Tools, Inc. (DCan),1 and Dynomax Drilling Tools USA, Inc. (DUSA)2 (collectively, Dynomax), brought claims against Duradril, L.L.C.,3 and Greg Ward,4 including for declaratory judgment and breach of contract. The jury found that DCan, DUSA, Duradril, and Ward agreed to the terms of an asset purchase agreement (APA) that became effective on July 1, 2013. The jury found that...
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OPINION James Marullo sued Apollo Associated Services, LLC for breach of a 2004 employment contract and promissory estop-pel. The trial court granted Apollo’s motion to dismiss based on a forum-selection clause, which appears in a subsequent contract between Marullo and Apollo’s successor company. The clause applies to any claims “arising from, related to, or otherwise connected with, any aspect ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ROBERT W. RODRIGUEZ, ) ) Plaintiff, ) ) v. ) No. 14–cv-0101(KBJ) ...
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Case: 16-50149 Document: 00513877927 Page: 1 Date Filed: 02/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit No. 16-5...
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Case: 16-10312 Document: 00513879292 Page: 1 Date Filed: 02/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-10312 ...
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Case: 15-20710 Document: 00513879465 Page: 1 Date Filed: 02/16/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit FILED ...
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ORDER 1. INTRODUCTION Plaintiff Linda Reed (“Reed”) suffers from several disabilities, including tardive dyskinesia (“TD”) and bipolar disorder. Her TD makes it difficult for her to speak, so she often uses a computer-based communication device.’ In March 2012, she sought treatment at Defendant Columbia St. Mary’s Hospital (“Columbia”) because she was feeling suicidal. In'this lawsuit, she asserts...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GREEN EMERALD HOMES, LLC, ) ) Appellant, ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DENNIS E. NEELEY, ) ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BELTWAY CAPITAL, LLC, ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT VANESSA JOAN RAMADON, ) ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BRADFORD B. BANKS, JR., Appellant, ...
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ON CONCESSION OF ERROR Pursuant to Nationstar Mortgage, LLC’s Concession of Error, we reverse the Summary Final Judgment of Foreclosure and remand to the trial court for further proceedings. REVERSED and REMANDED. ORFINGER and EVANDER, JJ., and JACOBUS, B.W., Senior Judge, concur....
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DAVID J. PRESTANO, Appellant, v. ...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN I...
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM WILLIAMS, Appellant, v. ...
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RULING AND ORDER ON MOTION TO SUPPRESS. . On the evening on April 13,2016, several Bridgeport police officers breached the apartment where Shannon Calhoun, was staying without first obtaining a warrant. They assert that their otherwise unlawful entry was justified by exigent circumstances, While in the apartment, officers identified various items of contraband, including a gun, a large amount of ...
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MEMORANDUM AND' ORDER' The 1991 conviction of the petitioner for first degree murder was. affirmed by the Supreme Judicial Court in 1993. Commonwealth v. Whitman, 416 Mass. 90, 617 N.E.2d 625 (1993). The petitioner did not file this habeas corpus petition until over two decades later on September 22,2016.1 conclude that the petition is barred by the statute of limitations for habeas, corpus petiti...
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After pleading guilty to second-degree murder, the defendant was ordered to pay $150,000 in mandatory restitution to the estate of the victim. See Iowa Code § 910.3B (2013). The defendant was fifteen years old at the time of the offense. We are asked to decide whether Iowa law authorized the sentencing court to consider the age of the defendant and related circumstances before ordering this restit...
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IN THE SUPREME COURT OF IOWA No. 15–1922 Filed February 17, 2017 WELLMARK, INC. d/b/a WELLMARK BLUE CROSS AND BLUE SHIELD OF IOWA, an Iowa Corporation, and WELLMARK HEALTH PLAN OF IOWA, INC., an Iowa Corporation, Plaintiffs, vs. IOWA DISTRICT COURT FOR POLK COUNTY, Defendant. Certiorari to the Iowa ...
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IN THE SUPREME COURT OF IOWA No. 16–1266 Filed February 17, 2017 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. TAREK A. KHOWASSAH, Appellant. Appeal from the report of the Grievance Commission of the Supreme Court of Iowa. The grievance commission reports the appellant committ...
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Upon consideration of the petition filed on the 20th of January 2017 by N.C. Rate Bureau in this matter for for Reconsideration, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Denied by order of the Court in conference, this the 14th of February 2017."...
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The petition for writ of certiorari in the above-entitled case having been granted and argued, it is this 17th day of February, 2017, ORDERED, by the Court of Appeals of Maryland, a majority of the Court concurring, that the writ of certiorari be, and it is hereby, dismissed as being moot....
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Department of Labor and Industry, : Uninsured Employers Guaranty : Fund, : Petitioner : : v. : No. 627 C.D. 2016 : SUBMITTED: November 4, 2016 Workers' Comp...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Fred Minor, : Appellant : : v. : No. 948 C.D. 2016 : Submitted: December 2, 2016 Sgt. Dave Kraynak, D.K. Starling, ...
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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Gregory Thomas, : Appellant : : v. : No. 29 C.D. 2016 : Argued: November 15, 2016 Patrick Grimm : BEFORE: ...
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OMNIBUS ORDER DENYING MOV-ANT’S MOTION FOR RECONSIDERATION (D.E, 22); GRANTING MOVANT’S REQUEST FOR A FINAL ORDER OF DISMISSAL (D.E. 22); ADOPTING AND SUPPLEMENTING THE COURT’S PRIOR, NON-FINAL ORDER (D.E. 18); DISMISSING PURSUANT TO 28 U.S.C. § 2255(h), OR ALTERNA- . TIVELY, DENYING PURSUANT TO 28 U.S.C. § 2255(a) MOVANT’S MOTION TO VACATE (D.E. 5) AND AMENDED MOTION TO VA*1351CATE (D.E. 22);1 DE...
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MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS (Dkt. No. 41) I. Introduction In this action, Katherine Mae McKee (“Plaintiff’) asserts, defamation claims against William H. Cosby, Jr. (“Defendant”) for various statements contained in a letter written to the New York Daily News (“Daily News”) in response to the newspaper’s publication of Plaintiffs accusation that Defendant sexually ...
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Upon consideration of the Petition for Disciplinary or Remedial Action, filed by Petitioner pursuant to Maryland Rule 19-721(a)(2) and 19-738, and Respondent's answer to the Court's Order to Show Cause, it is this 16th day of February, 2017, by the Court of Appeals of Maryland, ORDERED, that the Respondent, Diana Beth Denrich, be and is hereby temporarily suspended from the practice of law in the ...
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Motion of the acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [DKT. NO. 13] AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 15] Pending for consideration are cross motions for summary judgment filed by the plaintiff, Monongalia County Coal Company (“Company”), and the defendants, United Mine Workers of America, International Union and United Mine Workers of America, ...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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Case: 14-10981 Date Filed: 02/17/2017 Page: 1 of 12 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-10981 ...
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Respondent-Appellant Paul Chappius, Jr., Superintendent of the Elmira Correctional Facility, appeals from the April 21, 2016 Order of the United States District Court for the Southern District of New *539 York (Katherine Polk Failla, Judge) granting Petitioner-Appellee Brian Carmichael's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 1 The Order granting the writ, stay...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0038p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AGILITY NETWORK SERVICES, INC., an Illinois ┐ Corporation; CHANDLER DENNY; CINNAMO...
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Brian Roake, a former police officer for the Forest Preserve District of Cook County, was ostensibly disciplined for drinking alcohol at work. He responded with this lawsuit under 42 U.S.C. § 1983, alleging unlawful retaliation under the First Amendment. He also asserted a Fourteenth Amendment due process claim based on reputational harm. The district court dismissed Roake’s action under Rule 12(b...
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The district court suppressed the covertly-recorded statements that the defendants made to one another while being transported in a police van immediately after their arrests, finding that the characteristics of the van supported a reasonable expectation of privacy in the defendants’ conversations. The government has appealed that ruling, and defendant Matthew Webster has cross-appealed the distri...
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In the United States Court of Appeals For the Seventh Circuit Nos. 16-1668, 16-2051 & 16-2052 KIMTYLERY HENG, et al., Plaintiffs-Appellants, v. HEAVNER, BEYERS & MIHLAR, LLC, Defendant-Appellee. JUSTIN GIERKE, on behalf...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3694 ___________________________ Mark Neubauer, an individual in North Dakota; Marken, Inc., a North Dakota corporation lllllllllllllllllllll Plaintiffs - ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1317 ___________________________ In re: Diwan, L.L.C. lllllllllllllllllllllDebtor ---------------------...
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United States Court of Appeals For the Eighth Circuit ______________________________ No. 16-2355 ______________________________ United States of America Plaintiff - Appellee v. ...
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ORDER The United States has represented to the Court that the President intends to issue a new Executive Order and has urged the Court to “hold its consideration of the case until the President issues the new Order.” The United States has further represented that it will inform the Court of any new developments. En banc proceedings before this Court are stayed pending further Order of this Court....
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 21, 2016 Decided February 17, 2017 No. 15-7144 UNITED STATES, EX REL. JULIE MCBRIDE, AND JULIE MCBRIDE, APPELLANT LINDA WARREN AND DENIS MAYER, ...
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Opinion & Ordek Before the Court stands a motion to dismiss filed by the Federal Deposit Insurance Corporation (FDIC). See Docket # 23. The motion is granted. I. Background In order to clarify the complicated series of events that give rise to this action, the Court has incorporated allegations drawn from the complaints filed in other cases between the parties. Nevertheless, for purposes of resol...
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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 43805 STATE OF IDAHO, ) 2017 Opinion No. 15 ) Plaintiff-Respondent, ) Filed: February 17, 2017 ) v. ...
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*923OPINION Ford Motor Company (“Ford”)1 appeals a decision of the Board of Workers’ Claims vacating, in part, a February 8, 2016 opinion and order of an administrative law judge (ALJ) dismissing a claim for income and medical benefits asserted by the ap-pellee, Christopher Curtsinger. Specifically, the Board vacated and remanded for a determination of whether Curtsinger was entitled to an award ...
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OPINION Multiple minors were placed in the foster care of then- aunt and uncle. One of the *345minors, Watson Adkins, was abused and murdered by the same uncle. The Appellants herein are Watson’s estate and the surviving minors, by and through their mother, their next friend and administrator, Rhonda Lewis. They will be referred to collectively as the Adkins Estate. The Appellee herein, Dr. Krist...
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*398OPINION Christopher Dixon appeals from the Bell Circuit Court’s order of judgment and sentence pursuant to jury verdict, entered November 80, 2015. We affirm the circuit court. On November 4, 2014, in Bell County, Kentucky, ■ Officer Barry Cowan of the Middlesboro Police Department was dispatched to a trailer park to investigate a report of individuals manufacturing methamphetamine. Officer Co...
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OPINION Carolyn S. Worrell, in her individual and representative capacities, appeals the Fayette Circuit -Court’s grant of a motion to dismiss based on its decision to decline discretionary personal jurisdiction under Kentucky Revised Statutes (KRS) 454.210, Kentucky’s Long Arm Statute. After careful consideration, we vacate and remand for a determination of whether in person-am jurisdiction exist...
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h Tiffany F. Neathery (“Tiffany”), appeals a trial court judgment awarding her and Brian and Martha Aucoin (“the Au-coins”) joint custody of Tiffany’s minor daughter, B.N., and designating the Au-coins domiciliary parents. For the reasons stated herein, we affirm. *252FACTS Timothy Neathery, Sr., (“Timothy”) and Tiffany are the legal parents of 12-year-old B.N.1 A child custody judgment was render...
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*732OPINION Kale Roscoe is the appellant in these cases stemming from a construction subcontract with Angelucci Acoustical, Inc., for the completion of the University of Kentucky (UK) Coldstream Campus building now known as the Hewlitt-Packard building. Roscoe appeals from a 2012 Pay-ette Circuit Court summary judgment wherein the trial court pierced the corporate veil and assessed liability vers...
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hThis is a workers’ compensation ease. Claimant, Hurchel Kendrick,1 started receiving indemnity benefits and necessary medical treatment after he injured his back and right knee on the job. Thereafter, the physician treating claimant for his back-related complaints requested authorization for a CT myelogram with 3-D reconstruction. The request was denied by Amerisure Insurance Company, the workers...
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ORDER GRANTING DEFENDANT TQM MATSUDA, INDIVIDUALLY, AND AS A DIRECTOR AND/OR OFFICER OF HAWAII HEALTH CONNECTOR’S MOTION TO DISMISS COMPLAINT FILED OCTOBER 28, 2016 AND GRANTING DEFENDANTS CLIFF ALAKAI AND ' JEFFREY KISSEL’S PRE-AN-SWER MOTION TO DISMISS FILED ON OCTOBER 28, 2016 For the reasons discussed below, the Court GRANTS Defendant Tom Matsuda, Individually, and as a Director and/or Office...
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ORDER= This is an action to enforce an attorney’s lien. The court conducted a final evidentiary hearing on February 7, 2017. Immediately prior to the .hearing, Brown filed a motion to stay and a notice of appeal [Doc. Nos. 100, 101]. The court orally denied the motion to stay and proceeded with the hearing.1 1. Procedural Background This case began as a breach of, contract suit removed from state...
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OPINION This is an appeal from an order granting summary judgment. In the underlying lawsuit, Appellant, Mark Walters, a former inmate proceeding pro se, sued Appellee, Brad Livingston, individually and in his official capacity as executive director of the Texas Department of Criminal Justice (hereinafter.“TDCJ”), alleging that Livingston and TDCJ substantially burdened the free exercise of his N...
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2017 WI 12 SUPREME COURT OF WISCONSIN CASE NO.: 2007AP776-D COMPLETE TITLE: In the Matter of Medical Incapacity Proceedings Against Godfrey Y. Muwonge, Attorney at Law: Office of Lawyer Regulation, Co...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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OPINION writing for the Court. In November 2013, Stephanie Olson obtained a 20-day domestic violence protective order against her husband, Dennis Olson. Under the terns of this restraining order, Olson was prohibited from being within a quarter-mile of Stephanie’s residence. At that time, Stephanie was living in the marital home and Olson was living in a trailer on the same property (within a quar...
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NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 ...
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Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA SHANDA HORNING, ...
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OPINION AND ORDER This matter is before the Court on the Government’s Motion to Admit Testimony of Philiciá Morris [43] (“Motion to Admit”). *1364I. BACKGROUND A. Facts 1. Incident and Ms. Morris’s FBI Interview On October 15, 2015, Defendant Joshua Davis (“Déíendant”), who then worked as a Brink’s driver, allegedly stole $170,160.00 in Robins Federal Credit Union (“RFCU”) funds. That day, the De...
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OPINION AND ORDER This matter is before the Court on Plaintiffs Daffanie Todd (“Ms. Todd”), R.D., R.D. and D.T.’s (together, “Plaintiffs”) Motion for Preliminary Injunction [3] and request for permanent injunctive relief. I. INTRODÚCTION This is a case about how three children will get to and from their elementary school. The Court and the parties agree on the inestimable value of an education, i...
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In May 1990, Petitioner Keith Desmond Holder (a lawful permanent resident) committed kidnapping for ransom, a felony under California law. Conviction for such a crime rendered him deportable. See 8 U.S.C. §§ 1101(a)(43)(F), (H), 1227(a) (2) (A) (iii). At the time Holder committed the crime, § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (“§ 212(c)”) (repealed 1996), neverth...
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Senny Arias appeals his convictions and sentence for possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to distribute heroin, in violation of 21 U.S.C. § 846. We affirm. I. The charges brought against Arias stem from an investigation that began in 2012 of Jason Melchionda. Melchionda was the suspected head of a drug-trafficking organization o...
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The petitioner, Veronica Carmela Cortez Cardona (“Cortez”), a native and citizen of Guatemala, seeks review of a decision from the Board of Immigration Appeals (“BIA” or “Board”) denying her motion to reopen an appeal challenging an immigration judge’s (“IJ”) decision to reject her request for asylum and withholding of removal pursuant to the Immigration and Nationality Act (“INA”), 8 U.S.C. §§...
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Oscar Delgado-Sánchez (“Delgado”) pled guilty to one count of being a prohibited person in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Delgado now appeals his upwardly variant sentence of seventy-two months in prison. He contends that his guidelines sentencing range was miscalculated because the district court erroneously found at least one of his prior convictions to be for ...
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Virginia Uranium, Inc., Coles Hill, LLC, Bowen Minerals, LLC, and Virginia Energy Resources, Inc. (collectively ‘Virginia Uranium”) appeal the district court’s dismissal of their complaint for failure to state a claim upon which relief can be granted. Because we agree with the district court that federal law does not preempt state regulation of conventional uranium mining, we affirm. I. A. The fed...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1222 JAMES HAMILTON, Plaintiff - Appellant, v. WILLIAM L. PALLOZZI, Superintendent of the Maryland State Police; BRIAN E. FROSH, Att...
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District of Columbia Court of Appeals No. 15-CV-627 FEB 16 2017 JOYCE LITTLE, Appellant, CAB-3484-15 V. DOYLE P. MITCHELL, et al., ...
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In the United States Court of Federal Claims No. 15-294C (Filed February 16, 2017) * * * * * * * * * * * * * * * * * * * * J. CASARETTI, et al., * FLSA collective action, 29 U.S.C. * § 216(b); ...
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Affirmed in part and remanded with instructions Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Dissent with opinion...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed Concurs Concurs...
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Affirmed in part, reversed in part, and remanded Concurs Concurs...
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Affirmed Concurs Concurs...
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liHurchel Kendrick1 appeals from a summary judgment dismissing his claim for wrongful termination. For the following reasons, we reverse and remand this case to the trial court for further proceedings, rejecting the demand of the appellee, Hercules Concrete Pumping Services of Mississippi, Inc. (“Hercules”), for damages for frivolous appeal. FACTS Mr. Kendrick was employed with Hercules for many y...
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? granted. Viewing the known facts objectively, and applying the *383proper approach to the determination of whether the facts demonstrate reasonable suspicion to justify a stop and frisk, as set forth by the Supreme Court in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), we find the district court abused its discretion in granting the defendants’ motions to suppress evidence. Fi...
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| denied. Relator fails to show he received ineffective assistance of counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to the remaining claims, relator fails to show that the District Court erred in finding them imper-missibly omitted from his earlier pleadings, see La.C.Cr.P. art. 930.4, and also fails to carry his post-conviction bur...
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11 Denied. Relator shows no error in the District Court’s refusal to reconsider his motion to withdraw his guilty plea because a district court may not “reconsider” a post-conviction application on which it has earlier ruled. See La.C.Cr.P. art. 930.6 cmt. (“An application for supervisory writs is the petitioner’s sole method of seeking review of the trial court’s disposition of an application for...
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| /Writ granted. In light of the Supreme Court’s holding in Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) that Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we vacate relator’s sentence and remand this case to the 23rd Judicial District Court for further proceedings...
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2017 WI 11 SUPREME COURT OF WISCONSIN CASE NO.: 2015AP1971-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Thad M. Gegner, Attorney at Law: Office of Lawyer Regulation, Complainant...
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No. 115,628 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Estate of ROXIE A. MOORE, Deceased, HARVEY L. MOORE, Appellant, v. ...
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No. 115,434 IN THE COURT OF APPEALS OF THE STATE OF KANSAS LCL, LLC, v. JAMES W. FALEN, in his capacity as Sole Trustee of THE JAMES W. FALEN LIVING TRUST U/A dated April 30, 2007; JULIE D. FALEN; GREGORY A. FALEN; and MARYL M. WESO...
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No. 114,404 IN THE COURT OF APPEALS OF THE STATE OF KANSAS HEARTLAND PRESBYTERY, Appellee/Cross-appellant, v. THE PRESBYTERIAN CHURCH OF STANLEY, INC., Appellant/Cross-appellee. ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0040p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THE STATE OF OHIO et al., ┐ ...
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In the United States Court of Appeals For the Seventh Circuit ____________________  No. 16‐2219  MARQUISE WRIGHT,  Plaintiff‐Appellant,  v.  CALUMET CITY, ILLINOIS,  Defendant‐Appellee...
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Filed 2/17/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, H042287 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1498805) v...
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ATTORNEYS FOR APPELLANTS ATTORNEYS FOR APPELLEE Brian A. Karle Curtis T. Hill, Jr. Ball Eggleston, PC Attorney General of Indiana Lafayette, Indiana Robert J. Henke Mark Small Ab...
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ORDER 11 Considering the Petition for Interim Suspension for Threat of Harm filed by the Office of Disciplinary Counsel, IT IS ORDERED that respondent, J. Renee Martin, Louisiana Bar Roll number 30161, be and she hereby is suspended from the practice of law on an interim basis pursuant to Supreme Court Rule XIX, § 19.2, pending further orders of this court. Pursuant to Supreme Court Rule XIX, § 26...
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11 Granted. In light of plaintiffs’ admission in open court that they were not seeking any damages (other than statutory attorney fees) in connection with their petition for nullity, we find the principal demand in this case does not satisfy the jurisdictional threshold for a jury trial pursuant to La. Code Civ. P. art. 1732. Accordingly, the judgment of the court of appeal is reversed, and the ju...
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1 iDemed. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to cany his burden...
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| denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. Moreover, that relator alternatively names his filing an application for a writ of habeas corpus does not save him from the procedural requirements for applications for post-convi...
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| denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Relator has now fully litigated his second application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana p...
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| denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to carry his burde...
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|! Denied. Relator fails to show he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his claim that his plea was involuntary or that the state withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), re...
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hDenied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. In addition, relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. ...
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| denied. Relator’s application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. We attach hereto and make a part hereof the District Court’s written reasons denying relator’s application. Relator has now fully litigated at least three applicati...
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| denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Furthermore, to the extent relator contends his claim is jurisdictional, relator fails to show that the indictment was defective and thus fails to show that the tria...
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j iWrit granted. In light of the Supreme Court’s holding in Montgomery v. Louisiana, 577 U.S. -, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016) that Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) announced a substantive rule of constitutional law that applies retroactively, we vacate relator’s sentence and remand this case to the 26th Judicial District Court for further proceedings...
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § GWEN M. ROWLING, No. 08-16-00297-CV § Appellant ...
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ALEX HERNANDEZ, No. 08-16-00290-CV § Appellant, ...
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2017 UT App 29 THE UTAH COURT OF APPEALS MARJORIE ANN BROWN, Appellant, v. LENNIE WILLIAMS, Appellee. Opinion No. 20150412-CA Filed February 16, 2017 Sec...
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2017 UT App 32 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. BRADLEY EDWARD BOURK, Appellant. Opinion No. 20141069-CA Filed February 16, 2017 ...
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2017 UT App 31 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. WILLIAM TIRADO, Appellant. Opinion No. 20140967-CA Filed February 16, 2017 ...
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2017 UT App 30 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. COOPER JOHN ANTHONY VAN HUIZEN, Appellant. Opinion No. 20140602-CA Filed February 16, 2017 ...
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The writ of certiorari is quashed. In quashing the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals’ opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). WRIT QUASHED. Stuart, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur....
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Slip Op. 17-18 UNITED STATES COURT OF INTERNATIONAL TRADE CP KELCO US, INC., Plaintiff, v. UNITED STATES, Before: Richard W. Goldberg, Senior Judge Defendant, Consol. Court No. 13-00288 and NEIMENGGU FUFENG BIOTECHNOL...
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ORDER I. Introduction Five separate but related class actions are before the court. They are brought by consumers who purchased moist toilet wipes sold by retailer defendants, produced by manufacturer defendants, and marked “flushable.” Alleged are defects in labeling. Plaintiffs seek money damages and injunctive relief because they claim the product is not “flushable.” See Kurtz v. Kimberly-Clar...
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*1231ORDER AND NOW, this 17th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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OPINION AND ORDER This action arises from the Commonwealth ' of Puerto Rico (the “Commonwealth”)’s default on general obligation bonds (“GO bonds”). Plaintiffs (“GO Bondholders”) are beneficial owners of GO bonds. The GO Bondholders filed suit against the Commonwealth, the Governor of the Commonwealth, the Secretary of the Treasury of the Commonwealth, the Director of the Office of Management and...
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Evergreen Square of Cudahy (“Evergreen Square”), Grant Park Square Apartments Company (“Grant Park”), and Washington Square Apartments Company (“Washington Square”) are property owners (collectively, “Owners”) who participated in the federal rental assistance program commonly known as “Section 8.” They sued the Wisconsin Housing and Economic Development Authority (‘Wisconsin Housing” or the “Autho...
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In this diversity-jurisdiction case, the Indianapolis Airport Authority sued Travelers Property Casualty Company ■ of America over Travelers’ partial denial of a claim for coverage arising from an airport construction accident that occurred in 2007. On motions for summary judgment, the district court interpreted the insurance contract in favor of Travelers on several issues. Following summary judg...
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF THE § PETITION OF CHARLES FOSTERl § No. 303, 2016 FOR A WRIT OF MANDAMUS. § Submitted: November 28, 2016 Decided: February 16, 2017 Before HOLLAND, VALIHURA, and VAUGHN, Justices. 0 R D E R This 16th day of February 2017, it appears to the Court that: (1) Charles Foster has filed a petition seeking the issuance of a writ of mandamu...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS Before the Court is Defendant Upsher-Smith Pharmaceuticals, Inc.’s Motion to Dismiss, filed August 22, 2016. (ECF No. 17.) For the reasons stated below, the Motion to Dismiss is GRANTED in part and DENIED in part. I. BACKGROUND A. Factual Background Rita McDaniel brings an action on behalf of the estate of Johnny F. McDaniel...
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ORDER This matter arises from an application filed by Petitioner, Rivada Networks (“Ri-vada”), pursuant to 28 U.S.C. § 1782 seeking permission to serve two subpoenas in the Eastern District of Virginia to obtain documents and deposition testimony for use in both a constitutional appeal and a potential civil lawsuit in Mexico. That application was granted and two subpoenas issued, pursuant to which...
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OPINION AND ORDER ON MOTIONS TO DISMISS This is a direct shareholder class action lawsuit in which the lead plaintiff, Kyle Montanio, a former shareholder of Keurig Green Mountain, Inc. (“Keurig”), has sued Keurig, Keurig’s former CEO, members of Keurig’s former Board of Directors, and •the corporate investors that bought out Keurig in a deal completed in March 2016. He alleges that, in connectio...
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12An insurer appeals a summary judgment finding coverage for the plaintiffs’ claims under an excess general liability policy. Finding that coverage is unambiguously excluded under the policy, we reverse and render judgment in favor of the insurer. *1201FACTS AND PROCEDURAL HISTORY Joshua Petrozziello is a professional stunt performer who was employed by Flypaper Productions, LLC. While attempting ...
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|2In this appeal, plaintiff challenges the judgment of the trial court, granting the defendant insurer’s motion for summary judgment, dismissing plaintiffs claim under a lawyer’s professional liability policy for attorney’s fees and costs incurred in a disciplinary proceeding instituted against plaintiff. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY By letter dated October 28...
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| gPlamtiffs-appellants, Robert Cheramie and his wife, Emma, appeal the trial court’s grant of summary judgment dismissing their lawsuit against defendants-appellees, Port Fourchon Marina, Inc. (PFM) and Chris Moran Marina, LLC (CMM), based on the conclusion that the premises in which Cheramie sustained personal injuries did not constitute an unreasonable risk of harm for which defendants were lia...
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| ¡¿Diana D. Morgan appeals a judgment of supplemental partition of the community interest in her defined benefit pension plan through the Teacher’s Retirement System of Louisiana (“TRSL”). For reasons that follow, we affirm. FACTUAL AND PROCEDURAL HISTORY The factual and procedural history of this case is more fully set forth in our earlier opinion, Morgan v. Morgan, 2013-0681 (La.App. 1 Cir. 12/...
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|2The Louisiana State Board of Private Investigator Examiners (“LBPI” or “board”) appeals a June 16, 2016 district court judgment that granted Scott C. Frank’s (Frank) Application for Judicial Review of the board’s Adjudicative Decision, and reversed the revocation of Frank’s personal private investigator’s license and the license of Frank’s agency. After a de novo review of the entire record, inc...
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12This matter is before us on appeal by defendants, Lard Oil Company (“Lard”), Federated Mutual Insurance Company (“Federated Mutual”), C-Store Properties, L.L.C., and Jiffy Mart, Inc. (collectively “defendants”), from a summary judgment of the trial court, dismissing plaintiffs claims against Hotard Coaches, Inc. (“Ho-tard”), with prejudice. For the reasons that follow, we affirm. FACTUAL AND PRO...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004582-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the Superior Court, Law Division, for resentencing in light of this Court’s holding in...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002467-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005214-14 having been submitted to this Court, and the Court having considered the same; *137It is ORDERED that the petition for certification is granted....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003680-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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12Michael Hampton, a felon convicted of armed robbery, who was freed from his initial term of incarceration on good time release, but later violated the conditions of his release and was re-incarcerated, appeals a judgment of the district court that affirmed the decision of the Louisiana Department of Public Safety and Corrections (“DPSC”) denying his administrative remedy request (“ARP”). For the...
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lain this appeal, insureds under an automobile liability insurance policy challenge a judgment dismissing their underinsured-uninsured motorist (UM) claim against the insurer. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On the afternoon of January 6, 2013, Cesar Espinoza was driving a Chevrolet Tahoe and was stopped behind a stalled vehicle on Airline Highway in Gonzales, Louisiana. Mr. Espinoza’...
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|2The appellant, Cedric Brown, as natural tutor on behalf of his minor son, Cedric Dorien Lastat Brown, seeks review of a judgment modifying a prior ruling on opposing motions for summary judgment and placing certain restrictions on the use and maintenance of funds within a savings account. For the following reasons, we dismiss the appeal for want of appellate jurisdiction. FACTS AND PROCEDURAL HI...
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lain this case, defendant insurer appeals from the trial court’s February 10, 2016 judgment granting summary judgments in favor of plaintiffs and ordering that defendant insurer owed plaintiffs uninsured motorist (“UM”) coverage. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY In June 2006, pursuant to an Independent Contractor Service Agreement (“Service Agreement”), plaintif...
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|2In this administrative review proceeding, plaintiff, Charles Gray, Jr., appeals from a district court judgment affirming the decision of the Administrative Law Judge (ALJ) to suspend and disqualify Gray’s driving privileges for his refusal to submit to a chemical test for intoxication. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On May 6, 2014, Officer Wayne Anderson wit...
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lain this contract dispute, the defendant appeals a trial court judgment that granted the plaintiffs motion for summary judgment and denied its cross-motion for summary judgment. For the following reasons, we reverse and render. FACTUAL AND PROCEDURAL HISTORY On November 25,2000, Waterworks District No. 1 of DeSoto Parish (Waterworks District), and the Louisiana Department of Public Safety and Cor...
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12This is an appeal from a judgment awarding past due lease payments, maintenance fees and taxes, and attorney fees. The appellant asserts that the trial court erred in failing to grant him relief under the Servicemembers Civil Relief Act, 50 U.S.C.A. § 3901, et seq. (the SCRA). FACTS AND PROCEDURAL HISTORY On August 5, 2011, Heaux Jeaux’s, L.L.C. (Heaux Jeaux’s) entered into a commercial lease wi...
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Un this suit for damages arising from a dispute regarding Towing and Recovery Professionals of Louisiana Trust’s (“TRPLT”) engagement of Denham Holdings, L.L.C., d/b/a Performance Insurance Services (“Performance”) to provide insurance agency services to the TRPLT, the plaintiff (“UCT” later identified in more detail) appeals a judgment of the trial court sustaining a peremptory exception raising ...
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IsThis consolidated matter involves issues surrounding payments made to homeowners for damages due to a residential home fire, including the Louisiana New Home Warranty Act (NHWA) and subro-gation.1 The homeowners appeal the summary judgment dismissal of their builder. FACTS AND PROCEDURAL HISTORY This litigation has been long and contentious, arising out of the custom build of a new home in Slide...
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| sIn this consolidated matter involving issues surrounding payments made to homeowners for damages due to a residential home fire, the homeowners, James E. Shields, Jr. and Christine F. Shields, along with their two sons (the Shields), appeal the summary judgment dismissal of their builder’s liability insurer, American Empire Surplus Lines Insurance Company (American Empire). This consolidated ap...
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|gIn this appeal, a dirt pit owner challenges a judgment finding the trial court had subject matter jurisdiction over an agency’s enforcement action against the dirt pit owner. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The Comite Dirt Pit, Inc. (CDP) is a family-owned business located in East Baton Rouge Parish on the left descending bank of the Comite River. Since approximately 19...
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| ¡¡Plaintiff, William P. Marcaurele, appeals the trial court’s grant of summary judgment in favor of defendants, the City/Parish of East Baton Rouge, Officer Kelly Cullen, Officer Joshua Kirst, and Officer Michael Edwards, finding no genuine issue of material fact remained regarding whether the police officers’ use of force after a high speed chase was reasonable under the totality of the circums...
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IgThe defendant/appellant, Eric Cazau-bon, seeks review of a judgment rendered by the Twenty-Second Judicial District Court holding him solidarity liable for a debt owed to the plaintiff/appellee, Richardson Wholesale, LLC (Richardson), in the amount of $32,250.00. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY On March 17, 2010, Eugene Dix and Eric Cazaubon executed a promisso...
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12In this case, the defendant, Vince Diez, appeals a judgment against him and in favor of the City of Donaldsonville, awarding the City of Donaldsonville $10,592.50 in damages with interest and costs, and recognizing its lien and privilege on Lot 56 on Nolan Avenue, and decreeing that the property be sold and the judgment be paid from the proceeds of the sale by priority over all other creditors o...
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The appeal is dismissed....
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| gPlaintiffs-AppelIants, Jarrett and Hollie Lemmon, appeal a summary judgment that dismissed their personal injury claim against defendant-appellee, RoofCorp USA, LLC on finding that RoofCorp was not vicariously liable for a tort committed by Jonathan de la Mora at the time of the accident that injured Jarrett Lemmon. FACTS AND PROCEDURAL HISTORY On October 3, 2013, Jarrett Lemmon was involved in...
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The judgment is affirmed and the case is remanded for the purpose of setting a new sale date....
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The appeal is dismissed....
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|2The plaintiff, Towana Carr, appeals a judgment sustaining an exception of no cause of action and dismissing her claims against Sanderson Farms, Inc. We reverse and remand. FACTS AND PROCEDURAL HISTORY This tort suit, which comes before this court for a second time, arises out of an altercation between two employees, Carr and Kevin Michael Webb, that occurred on their employer’s premises during w...
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IgThis appeal involves a parent’s claim for general damages against a school board after her young child was inadvertently left alone on a school bus after school. BACKGROUND During the 2012-2013 school year, Shun-quita Morgan’s minor son, Demondre Morgan, was a kindergarten student at Westminster Elementary School in Baton Rouge, Louisiana. After school on September 25, 2012, Demondre fell asleep...
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I ¡.The defendants appeal a summary judgment awarding recovery to the plaintiff for damages to a piece of equipment that was the object of a lease between the parties. We affirm. FACTS AND PROCEDURAL HISTORY H&E Equipment Services, Inc. and Sugar & Power International, LLC (SPI) en*448tered a written rental agreement whereby H&E leased constniction equipment to SPI. The leased equipment included a...
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laThe defendant, Derrick Patrick James, was charged by an amended bill of information with aggravated assault with a firearm, a violation of La. R.S. 14:37.4 (count 1); aggravated criminal damage to property, a violation of La. R.S. 14:55 (count 2); and possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1 (count 3). The defendant pled not guilty to the charges and, followi...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004496-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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Upon consideration of the petition filed by Defendant on the 3rd of February 2017 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Nash County: "Denied by order of the Court in conference, this the 17th of February 2017." The following order has been entered on the motion filed on the 3rd of February 2017 by Defendant to Proceed ...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002127-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002637-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-000778-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON CROSS PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A cross-petition for certification of the judgment in A-004090-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the cross-petition for certification is granted, and the matter is summarily remanded to the Superior Court, Law Division, for resentencing in light of this ...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003153-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002668-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002845-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-000929-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004148-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005190-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005443-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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Order and Judgment [NOJS-6] The Court has considered the cross motions for partial summary judgment as to damages and Plaintiff Secretary of Labor Thomas E. Perez’s [“the Secretary”] motion to strike declarations and exhibits submitted by Defendants City National Corporation, et al. [“City National”] in support of City National’s motion for partial summary judgment as to damages, together with mov...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004322-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ORDER GRANTING MOTION TO COMPEL ARBITRATION I.INTRODUCTION Uber Technologies, Inc. (“Uber”) moves to compel arbitration in this putative class action filed by Michael Cordas. For the reasons that follow, Uber’s motion is granted. II.BACKGROUND In July 2015, Cordas ■ downloaded the Uber ride-sharing app and attempted to request a ride in New York City. His requested ride did not appear after the e...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-001271-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-001034-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004767-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002174-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-000926-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004507-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004335-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004721-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is granted, in part, limited to the sentencing issue raised through defendant’s petition. The matter is summarily remanded to the Superior...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: *152A petition for certification of the judgment in A-002001-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003158-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005317-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003537-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004863-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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CORRECTED ORDER ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005015-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs; and it is further ORDERED that the notice of appeal is dismissed....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-Q03388-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003249-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-001078-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-005345-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-000264-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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Upon consideration of the application filed by Petitioner on the 6th of February 2017 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Cumberland County: "Denied by order of the Court in conference, this the 15th of February 2017."...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003292-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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MEMORANDUM OPINION Plaintiff Raymond Pulliam sent Freedom of Information Act' (“FOIA”) requests to defendants Environmental Protection Agency (“EPA”), United States Department of Defense (“DOD”), and United States Department of Justice (“DOJ”) seeking records related to an investigation into toxic contamination occurring at for-mér Army base Fort McClellan. Compl. ¶¶ 13, 27, 40 [Dkt. # 1], Plaint...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003906-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002984-11 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004497-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004988-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-000138-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003736-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004841-13 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is granted, limited to the issue of whether the consent to search the motor vehicle was freely and voluntarily given; and it is further OR...
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-001512-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002778-15 having been submitted to this Court, and the Court having considered the same; *163It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003697-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002155-15 having been submitted to this Court, and the Court having considered the same; *164It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004271-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-004987-15 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-003503-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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ON PETITION FOR CERTIFICATION To the Appellate Division, Superior Court: A petition for certification of the judgment in A-002154-14 having been submitted to this Court, and the Court having considered the same; It is ORDERED that the petition for certification is denied, with costs....
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¶ 1. The City of Oshkosh has a special events ordinance that requires an "organizer" of an event to apply for a permit and pay the City for any extraordinary services associated with that event. For several years, Joseph E. Kubiak applied for a permit and paid the required costs as the purported organizer of semi-annual gatherings called the Oshkosh Pub Crawl. However, in 2014, Kubiak refused to c...
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District of Columbia Court of Appeals No. 14-CV-339 FEB 16 2017 ROSITA JUUL, Appellant, v. CAR-5752-12 LYNETTE RAWLINGS, A...
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FOURTH DIVISION ELLINGTON, P. J., BRANCH and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.g...
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www...
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FIRST DIVISION DOYLE, C. J., ANDREWS and RAY, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www...
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The Board of Liquor License Commissioners for Baltimore City v. Steven Kougl, et al., No. 43, September Term, 2016, Opinion by Adkins, J. ADMINISTRATIVE LAW – LIQUOR BOARD REGULATIONS – STRICT LIABILITY OFFENSES: The Rules and Regulations for the Board of Liquor License Commissioners for Baltimore City impose strict liability on licensees for conduct violating Rules 4.17(a) and (b), which regulat...
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MEMORANDUM OPINION AND ORDER On February 9, 2017, the court issued a memorandum opinion and order finding that Plaintiffs had established a prima facie case that the court has personal jurisdiction over Defendants Dominic Mag-liarditi (“Mr. Magliarditi”); Francine Magliarditi, as sued in her capacity as trustee of FRM Trust, DJM Irrevocable Trust, and Fane Trust (the “Trust Defendants”); ' DII Ca...
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MEMORANDUM Pending before the .Court are cross motions for . summary judgment. Defendant Capital One Auto Finance, Inc. (“COAF”) filed a Motion for Summary Judgment on Plaintiff Wayne Blatt’s (“Blatt”) claims pn-der the Electronic. Fund Transfer Act. (Docket No. 30). Plaintiff Wayne Blatt (“Blatt”) filed a Response in Opposition and Cross-r-Motion for Partial Summary Judgment. (Docket No. 38). CO...
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MEMORANDUM OPINION In November 2016,1 issued a Memorandum Opinion in the instant declaratory-judgment action holding Plaintiff Titan Indemnity Company (“Titan”) not liable for a fatal accident-involving a truck driven by Defendant Santos Sifredo Romero Garcia under a policy the insurance company issued to. Pefendant Gaitan Enterprises, Inc. (“Gaitan”). Mem, Op.. 9-10, ECF No. 72.11 also condition...
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*463DECISION AND ORDER INTRODUCTION Plaintiffs brought this action pursuant to 42 U.S.C. § 1983, alleging that the City of Rochester violated their federal constitutional- rights by restricting the hours of operation of their restaurant and bar in a manner that was inconsistent with New York State law. Now before the Court are Plaintiffs’ motion for partial summary judgment (Docket No. [# 14]) an...
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DECISION AND ORDER INTRODUCTION Plaintiffs' maintain that Defendants discriminated against Student; a former high school student,- in violation of federal disability statutes, and also committed various torts under New York State Law. Now before the Court is Defendants’ motion to dismiss the'Amended Complaint, for . lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure (...
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ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS Re: ECF No.- 55 Before the Court is Defendant Price-waterhouseCooper LLP’s (“PwC” or “Defendant”) Motion for Judgment on- the Pleadings. ECF No. 55. Defendant seeks judgment as a matter of law on Plaintiff Steve Rabin and John Chapman’s (“Plaintiffs”) second cause of action — a disparate impact claim under the Age Discrimination, in E...
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MEMORANDUM OPINION AND ORDER The instant motions to suppress and dismiss the indictment challenge the Federal Bureau of Investigation’s (“FBI’s”) seizure of a computer server that hosted a child pornography website called “Playpen,” and the FBI’s ensuing operation of the website on a government server.- Following a hearing, and for the reasons, that follow, the court denies defendant Daryl Glenn ...
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MEMORANDUM OPINION ■ • AND ORDER The instant motions to suppress and dismiss the indictment challenge' the Federal Bureau of Investigation’s (“FBI’s”) seizure of a computer server that hosted a child pornography website called “Playpen,” and the FBI’s ensuing operation of the website *474on a government server. Following a hearing, and for the reasons that follow, the court denies defendant Paul ...
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Memorandum Opinion and Order Three divisions of the Brotherhood of Locomotive Engineers and Trainmen, a union of trade engineers, brought this action against Union Pacific Railroad for violations of the Railway Labor Act, 45 U.S.C. § 151 et seq. R. 4, Compl.1 The Brotherhood claims that Union Pacific, which employs Brotherhood members, violated the Act when the railroad implemented a new discipli...
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of White v. Pauly, 580 U.S. ----, 137 S.Ct. 548, 196 L.Ed.2d 463 (2017)(per curiam) ....
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Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Superior Court of California Ventura County denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Minnesota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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ORDER Plaintiff Kyle Johnson (“Plaintiff’) filed this putative class action against Plural-*1178sight, LLC, and Does 1-10 (collectively “Defendants” or “Pluralsight”) alleging two claims for relief: (1) violation of California’s Automatic Purchase Renewals Statute (“CAPRS”), codified at California Business and Professions Code §§ 17600-176061; and (2) violation of California’s Unfair Competition ...
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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ORDER RE PLAINTIFF’S MOTION AND DEFENDANTS’ CROSS MOTION FOR SUMMARY JUDGMENT And yesterday the bird of night did sit Even at noon-day upon the marketplace Hooting and shrieking. —William Shakespeare, Julius Caesar, act 1, sc. 2. This litigation concerns the continuing viability of the revered Northern spotted owl (“NSO”) and whether it may soon portend its own demise at the hands of its protecto...
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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ORDER THIS CAUSE comes before the Court on the Verified Petition for the Return of Minor Child Pursuant to International Treaty and Federal Statute and Request for Issuance of Show Cause Order (Doc. 1; Verified Pétition), filed on October 26, 2016. Petitioner filed the Verified Petition pursuant to The Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”), Oct. ...
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1 jThis proceeding arises out of an application for reinstatement to the practice of law filed by petitioner, Frank J. Ferrara, Jr., an attorney currently suspended from the practice of law in Louisiana. UNDERLYING FACTS AND PROCEDURAL HISTORY In 2013, we considered a joint petition for consent discipline filed by petitioner *384and the Office of Disciplinary Counsel (“ODC”). The misconduct at iss...
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Order Vacating Sentence under Johnson v. U.S, When Daniel Carrion was sentenced for being a felon in possession of a firearm after his 2004 guilty plea, the district judge found that he qualified for an enhanced 15-year sentence under the Armed Career Criminal Act (ACCA).1 The Supreme Court invalidated a key provision of. the *1282ACCA — the residual clause — as unconstitutionally vague in Johnson...
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ORDER This case arises under the Family Medical Leave Act of 1993 (“FMLA”); Pending before the Court is Defendant’s Motion for Summary Judgment (ECF No. 18). The Court grants the motion in part and denies it in part. I. FACTS AND PROCEDURAL HISTORY Plaintiff Michael Browett began working for Defendant City of Reno (“the City”) as a Police Cadet on September 2, 2005. (Compl. ¶ 9, ECF No. 1). After...
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ORDER GRANTING PLAINTIFFS HAWAII REGIONAL COUNCIL OF CARPENTERS AND UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 745’S MOTION FOR PARTIAL SUMMARY JUDGMENT For the reasons discussed below, the Court GRANTS Plaintiffs Hawaii Regional *1031Council of Carpenters and United Brotherhood of Carpenters and Joiners of America, Local 745’s Motion for Partial Summary Judgment, ECF No. 36. ...
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MEMORANDUM OPINION Plaintiff Judy Mullenix worked for defendant Eastman Chemical Company at its Kingsport, Tennessee facility for over 24 years. In October 2012, she" suffered a *699broken- right arm in a workplace accident. One year and two surgeries later, plaintiff continued to have some physical restrictions and she was terminated. Plaintiff claims her termination was discriminatory in violat...
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 16-1-0139) SUMMARY DISPOSITION ORDER Vacated. Remanded....
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MEMORANDUM OPINION & ORDER The Plaintiffs, Polly Roberts Willman, in her capacity as the Administratrix of the Estate of William Roberts, and William Roberts, as Administrator of the Estate of Pauline Roberts, (“Plaintiffs”), bring the present complaint under 42 U.S.C. § 1983 alleging that, in order to advance a reelection agenda, various constitutional and state law harms occurred when the defen...
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MEMORANDUM RULING Before the Court are Rule 12(b)(1) and 12(b)(6) Motions to Dismiss by Defendants James tD. “Buddy” Caldwell, Allyson Campbell, Jon K. Guice, Brian E. Craw*413ford, Lawrence W. Pettiette, Jr., and Judges Frederic C. Amman, -Benjamin Jones, J.. Wilson Rambo, and Carl V. Sharp. See Record Documents 26, 35, 37, 40, 47, and 90. Defendants seek, dismissal of Plaintiff Judge Sharon Ing...
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2017 WI 10 SUPREME COURT OF WISCONSIN CASE NO.: 2016AP2014-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against David J. Silberman, Attorney at Law: Office of Lawyer Regulation, Complai...
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ORDER AND NOW, this 15th day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) CONTINENTAL TRANSFERT ) TECHNIQUE LIMITED, ) ) Plaintiff, ) ) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JEREMY PINSON : : Plaintiff, : : Civil Action No.: 12-1872 (RC) v. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) BROKENBOROUGH, et al., ) ) Plaintiffs, ) ) v. ) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) MIYA ELEY, et al., on behalf of ) themselves and all others similarly ) situated ) ) Plaintiffs, ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA John Ray and Susan Ray, Petitioners, v. Civil Action No. 16-428 (CKK) Marc Chafetz, Respondent. MEMORANDUM OPINION Petitioner Susan Ray and Respondent Marc Chafetz are co-partne...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHN DOE COMPANY, : : Plaintiff, : Civil Action No.: 17-0049 (RC) : v. ...
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 12-1-001196) MEMORANDUM OPINION Vacate. Remand....
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-0900) MEMORANDUM OPINION Vacated. Remanded....
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DECISION AND ORDER The Court has received motions in limine pertaining to the trial in the *566matter of MF Global Holdings Ltd., as Plan Administrator v. Pricewaterhouse-Coopers LLP. As a preliminary matter, the Court notes that several of the in limine motions the parties have brought reflect inappropriate use of such motions. The purpose of in limine motions is to enable the Court to rule on d...
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DECISION AND ORDER Plaintiff Rocky Aspen Management 204 LLC (“RAM 204”) commenced this action *161against Hanford Holdings, LLC (“Han-ford”) seeking a declaratory judgment that RAM 204 is the owner of the majority of membership interests in Rocky Aspen LLC (“Rocky Aspen”), a Colorado limited liability company (“LLC”) (“Complaint,” Dkt. No. 1; “First Amended Complaint,” Dkt. No. 15). Hanford filed...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) FORT SILL APACHE TRIBE, ) ) Plaintiff, ) ) v. ...
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OPINION AND ORDER1 Plaintiff Endel Rodriguez-Cortes (“Rodriguez”) brought suit against-his former employer, Superintendencia' del Capitolio (“Superintendence”), Javier Vazquez-Col-lazo, in his official and personal capacities, and the Commonwealth of Puerto Rico, seeking reinstatement and monetary damages pursuant to 42 U.S.C. § 1983 and Puerto Rico law; Plaintiff Rodriguez seeks reinstatement to ...
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MEMORANDUM DECISION AND ORDER This case arises from the 2014 shooting of Sean Kendall’s dog by Salt Lake City Police Officer Brett Olsen during a search for a missing toddler. After the shooting, Kendall brought various state and federal claims against Olsen, the City, and several other officers. Both sides now move for summary judgment. For the reasons below, the court grants Defendants’ Motion f...
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MEMORANDUM DECISION AND ORDER In this patent infringement action, the plaintiff alleges that the defendants, Assay Abloy, Inc. and HID Global Corporation, directly, indirectly, and willfully infringed asserted claims in three patents assigned to the plaintiff by inventor Dr. Bjorn Mar-kus Jakobsson: U.S. Patent No. 8,086,866 (the ’866 Patent), United States Patent No. 8,516,262 (the ’262 Patent),...
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MEMORANDUM OPINION AND ORDER Plaintiff, Margaret Elizabeth Lawson Darling, appearing pro se,1 brings *919this action against the above-named Defendants pursuant to 42 U.S.C. § 1983,2 alleging violations- of the United States-Constitution, as well as various state law claims. Plaintiff seeks injunctive relief, declaratory relief, and damages. Before the Court are: (i) a Motion to Dismiss filed by ...
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DECISION AND ORDER L INTRODUCTION In this action, Plaintiff Michael A. Grani-ca alleges that his employer, .Defendant Town of Hamburg (“the Town”), discriminated and retaliated against him based on age and disability in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., and the Americans with Disabilities ’ Act (“ADA”), 42 U.S.C. § 12111 et seq. Pending befo...
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JUDICIAL DISCIPLINARY ACTION This matter comes before the Court as a result of a judicial disciplinary action brought by the Indiana Commission on Judicial Qualifications (“Commission”) against Respondent herein, T. Edward Page, Senior Judge. Article 7, Section 4 of the Indiana Constitution and Indiana Admission and Discipline Rule 25 give the Indiana Supreme Court original jurisdiction over th...
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Dear Mr. Helms: The following order has been entered on the motion filed on the 17th of February 2017 by Defendant (British American Tobacco, PLC) for Temporary Stay: "Motion Allowed by order of the Court in conference, this the 20th of February 2017."...
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 15th of February 2017 by Respondent:"Motion Allowed by order of the Court in conference, this the 17th of February 2017."Respondent shall have up to and including the 5th day of April 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 17th of February 2017 by Defendant:"Motion Allowed by order of the Court in conference, this the 17th of February 2017."*767Defendant shall have up to and including the 20th day of March 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the Motion for Extension of Time to File Brief filed on the 15th of February 2017 by Respondent:"Motion Allowed by order of the Court in conference, this the 17th of February 2017."Respondent shall have up to and including the 5th day of April 2017 to file and serve his/her brief with this Court....
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The following order has been entered on the motion filed on the 17th of February 2017 by Defendant for Extension of Time to Prepare Trial Transcript:"Motion Allowed by order of the Court in conference, this the 17th of February 2017."Court reporter shall have up to and including the 22nd day of March 2017 to prepare and deliver transcript to counsel....
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OPINION AND ORDER Thyssenkrupp Materials NA, Inc. (“Plaintiff’) brings this admiralty action against M/V Kacey, SPV 1 LLC (“SPV 1”) and Technomar Shipping Co. Inc. (“Tech-nomar” and together, the “Defendants”) for loss and damage to its cargo. Before this Court is the Defendants’ motion to dismiss for forum non conveniens pursuant to Fed. R. Civ. P. 12(c), on the basis of a forum selection clause...
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OPINION AND ORDER Defendant Trabajamos Community Head Start, Jnc. (“Trabajamos”) received federal funds under the American Recovery and Reinvestment Act of 2009 (“ARRA”), the economic stimulus package enacted early in President Barack Obama’s first term of office, Naomi Herrera-Castro (“Castro”), the former Executive Director of Trabajamos, claimed that she was fired for reporting, a fraudulent s...
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ORDER ADOPTING MAGISTRATE JUDGE’S REPORTS AND RECOMMENDATIONS THIS MATTER is before me upon U.S. Magistrate Judge Edwin G. Torres’ (1) Report and Recommendation on Plaintiffs’ Motion for Costs (ECF No. 88), and (2) Report and Recommendation on Plaintiffs’ Motion to Tax Attorneys’ Fees (ECF No. 92). Plaintiffs’ Motions were referred to Magistrate Judge Torres pursuant to 28 U.S.C. .§ 636(b)(1)(A)....
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On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U.S. ----, 136 S.Ct. 1989, 195 L.Ed.2d 348 (2016)....
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Application for stay addressed to Justice KAGAN and referred to the Court denied....
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Application for injunctive relief addressed to Justice SOTOMAYOR and referred to the Court denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion of petitioner for leave to proceed in forma pauperis with the declaration of indigency under seal denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time under Rule 14.5 denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time under Rule 14.5 denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $213,547.35 for the period September 1, 2016, through December 31, 2016, to be paid equally by the parties....
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Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument denied....
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Motion of the parties to dispense with printing the joint appendix granted....
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Motion of the parties to dispense with printing the joint appendix granted....
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Motion of the parties to deem the court of appeals' joint appendix as supplemental volumes to the joint appendix filed with this Court granted....
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Motion of the parties to deem the court of appeals' joint appendix as supplemental volumes to the joint appendix filed with this Court granted....
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Motion of petitioner to dispense with printing the joint appendix granted....
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Motion of petitioner to dispense with printing the joint appendix granted....
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Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioners for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 14, 2017, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Colombia Circuit granted....
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Petition for writ of certiorari to the Supreme Court of New Jersey denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District denied....
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Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District denied....
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Petition for writ of certiorari to the Supreme Court of Ohio denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, Division Two denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Common Pleas of South Carolina, Calhoun County denied....
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Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of North Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
Views: 1
Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, Second District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Illinois denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, First District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
Views: 1
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
Views: 0
Petition for writ of certiorari to the Supreme Court of California denied....
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Petition for writ of certiorari to the Supreme Court of Connecticut denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the Supreme Court of Virgin Islands denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
Views: 0
Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the Court of Appeals of Indiana, Third District denied....
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Petition for writ of certiorari to the Court of Appeal of California, First Appellate District denied....
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*1074Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
Views: 0
Petition for writ of certiorari to the Court of Special Appeals of Maryland denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Second District denied....
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*1076Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the Court of Appeals of Texas, First District denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, First District denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County denied....
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Petition for writ of certiorari to the Supreme Judicial Court of Maine denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the Appeals Court of Massachusetts denied....
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Petition for writ of certiorari to the Supreme Court of Georgia denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
Views: 0
Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District denied....
Views: 0
Petition for writ of certiorari to the Appellate Court of Illinois, First District denied....
Views: 0
Petition for writ of certiorari to the Superior Court of Arizona, Maricopa County denied....
Views: 0
Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of North Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the County Court of New York, Westchester County denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
Views: 0
Petition for writ of certiorari to the Supreme Court of Illinois denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
Views: 0
Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, First District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
Views: 0
Petition for writ of certiorari to the Court of Appeals of Kentucky denied....
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Petition for writ of certiorari to the Court of Appeals South Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the Superior Court of Georgia, Richmond County denied....
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*1089Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
Views: 0
Petition for writ of certiorari to the Supreme Court of Montana denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Mississippi denied....
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Petition for writ of certiorari to the 139th District Court of Texas, Hidalgo County denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Cite as: 580 U. S. ____ (2017) 1 SOTOMAYOR, J., dissenting SUPREME COURT OF THE UNITED STATES THOMAS D. ARTHUR v. JEFFERSON S. DUNN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16–602. Decide...
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Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office denied....
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Petition for writ of certiorari to the Supreme Court of North Carolina denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
Views: 0
Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Third District denied....
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Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Michigan denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the Court of Appeals of Minnesota denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division denied....
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Petition for writ of certiorari to the Court of Appeals of Nebraska denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States court of Appeals for the Ninth circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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*1105Petition for writ of certiorari to the Appellate Court of Illinois, First District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Appellate Court of Illinois, Second District denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Iowa denied....
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*1107Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the Supreme Court of Virginia denied....
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Petition for writ of certiorari to the Appeals Court of Massachusetts denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the District of Columbia Court of Appeals denied....
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Petition for writ of certiorari to the Appellate Court of Connecticut denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied....
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Motion of The Association of American Railroads for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of New Mexico denied....
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Petition for writ of certiorari to the Supreme Court of Arkansas denied. Justice SOTOMAYOR, with whom Justice BREYER joins, dissenting from the denial of certiorari: I dissent from the denial of certiorari for the reasons set out in Arthur v. Dunn, 580 U.S. ----, 137 S.Ct. 725, --- L.Ed.2d ---- (2017) (SOTOMAYOR, J., dissenting from denial of certiorari)....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for *1073writ of certiorari dismissed. See Rule 39.8....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1. See Ma...
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8....
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1. See Ma...
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Petition for writ of habeas corpus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus denied....
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Petition for writ of mandamus and/or prohibition denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Petition for rehearing denied....
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Disbarment order entered....
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Harold James Pickerstein, of Fairfield, Connecticut, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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David Erickson Hudgens, of Daphne, Alabama, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Marvin S. Davidson, of West Orange, New Jersey, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Rankin Johnson IV, of Portland, Oregon, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Robert Thomas Thompson, Jr., of Atlanta, Georgia, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred *1143from the practice of law in this Court....
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In the Matter of DISCIPLINE OF Jeffrey Scott SCHWARTZ.Jeffrey Scott Schwartz, of San Diego, California, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Case: 16-10507 Document: 00513881665 Page: 1 Date Filed: 02/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-10507 Fifth Circuit ...
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The State charged Brittany Knight with one count of aggravated manslaughter of a child, a first-degree felony. See § 782.07(3), Fla. Stat. (2015). Knight was a daycare worker who, according to the indictment, caused a child’s death “by exposing the child to diphenhydramine and/or placing the child in unsafe sleeping conditions.” She faces a potential thirty-year sentence if convicted. See § 775.08...
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In this Anders appeal, we affirm the judgment and sentence in all respects but one. We reverse the imposition of a $1,050 fine and a $52.50 surcharge, neither of which was pronounced at the sentencing hearing. See Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012); Williams v. State, 82 So.3d 186 (Fla. 1st DCA 2012). As in Nix, “[o]n remand, the trial court may reimpose the fíne and surcharge after pr...
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Appellant alleges his consecutive mandatory minimum sentences were improper because it was apparent from the face of *332the record that the offenses arose from the same criminal episode and involved only one victim, and appellant did not discharge the firearm. See Williams v. State, 186 So.3d 989 (Fla. 2016). We agree, vacate appellant’s judgment and sentence, and reverse and remand for the trial...
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SAMUEL M. DEPRIEST and NOT FINAL UNTIL TIME EXPIRES TO DOROTHY DEPRIEST, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CAS...
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ON REMAND FROM THE SUPREME COURT OF FLORIDA The Supreme Court of Florida has quashed this Court’s decision in this case and remanded to this Court with instructions that we further remand to the circuit court “for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 197 So.3d 1040 (Fla. 2016).” Accordingly, we remand this matter to...
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ORDER Michael'Garland (“Garland”) appeals the judgment of the Circuit Court of Jackson County sustaining the Director of Revenue’s (“Director”) one-year revocation of *847his driver’s license for refusing to submit to a chemical test of his breath pursuant to section 577.041.1 On appeal, Garland alleges that the trial court erred in finding that the arresting officer had reasonable grounds to beli...
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ORDER Nathanial Stemmier appeals from the trial court’s entry of judgment convicting him of four counts of statutory sodomy in the first degree involving two victims. Stemmier asserts that the trial court erred in two respects: (1) in admitting and allowing the State to play a recording of one victim’s forensic interview; and (2) in overruling Stemmler’s motion for judgment of acquittal and enteri...
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J.A.K. (“Father”) appeals from a judgment denying Father’s motion to modify the amount of child support he was required to pay to E.S.(K.)D. (“Mother”). F.K. (“Grandfather”) and J.K. (“Grandmother”) (collectively “Grandparents”) appeal from the same judgment which also denied their petition seeking grandparent visitation. Finding no error, we affirm. Factual and Procedural History Father and Mothe...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-163 Filed: 21 February 2017 Onslow County, No. 01 CVD 954 MARY N. GURGANUS, Plaintiff, v. CHARLES M. GURGANUS, Defendant. Appeal by defendant from orders entered 3 September 2015 by Judge William M. Cameron III in Onslow County Distric...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-398 Filed: 21 February 2017 Bertie County, No. 01 CRS 54023 STATE OF NORTH CAROLINA v. TERRENCE LOWELL HYMAN, Defendant. Appeal by defendant from order entered 12 May 2015 by Judge Cy A. Grant in Bertie County Superior Court. Heard in the...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-606 Filed: 21 February 2017 Forsyth County, No. 15CVS7698 TERESA KAY HAUSER, Plaintiff, v. DARRELL S. HAUSER and ROBIN E. WHITAKER HAUSER, Defendants. Appeal by plaintiff from order entered 3 March 2016 by Judge John O. Craig, III, i...
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*30Nathaniel Malone China (defendant) appeals from judgments entered upon his convictions for felonious breaking and entering, second-degree kidnapping, first-degree sex offense, intimidating a witness, misdemeanor assault inflicting serious injury, and having attained the status of a habitual felon. On appeal, defendant argues that the trial court erred by admitting evidence that defendant commit...
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*23Heng Q. Zhou ("Defendant") appeals the 11 April 2016 order by Judge David L. Hall in Forsyth County Superior Court holding him in contempt of court and ordering him to pay Sen Li's ("Plaintiff") attorney's fees and costs related to his missed depositions and subsequent failure to comply with a court order. After review, we affirm the trial court's order. *522I. Facts and Background On 13 June 2...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-815 Filed: 21 February 2017 Mecklenburg County, No. 14 CRS 238731, 15 CRS 25911 STATE OF NORTH CAROLINA, Plaintiff, v. MARIO DONYE GULLETTE, Defendant. Appeal by defendant from judgment entered 25 January 2016 by Judge Hugh B. Lewis in Meck...
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN ON MOTION FOR REHEARING NO. 03-15-00262-CV Texas Association of Acupuncture and Oriental Medicine, Appellant v. Texas Board of Chiropractic Examiners; and Patricia Gil...
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COURT OF APPEALS OF VIRGINIA PUBLISHED Present: Judges Humphreys, Beales and O'Brien Argued at Norfolk, Virginia CHEZMIN BRITTANY SUTER OPINION BY v. Record No. 1937-15-1 JUDGE ROBERT J. ...
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COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, Beales and O'Brien PUBLISHED Argued at Norfolk, Virginia RAYSHAWN TORRELL GREER OPINION BY v. Record No. 0175-16-1 JUDGE RANDOLPH A...
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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Huff, Judges Humphreys and Alston PUBLISHED Argued at Lexington, Virginia RAYMOND LOUIS HARVEY, JR. OPINION BY v. Record ...
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COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, Beales and O'Brien PUBLISHED Argued at Norfolk, Virginia ANTONIO PASSARO, JR. OPINION BY v. Record No. 0328-16-1 JUDGE RANDOLPH A...
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MEMORANDUM & ORDER Presently pending before the Court is a motion to dismiss (the “Motion”) filed by Defendants Medtronic, Inc. Medtronic Puerto Rico Operations, Co, and Medtronic Logistics, LLC.1 (collectively “Medtronic”) (Doc. 9), Plaintiff Jason Silver .brings seven counts against Medtronic arising out of the alleged malfunction of a Medtronic device, the SynchroMed II.2 (Doc. 1). The Motion ...
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RULING AND ORDER Before the Court is. the Motion for Summary Judgment (Doc. 162) filed by Defendants Louisiana State Board of Cosmetology, Sherrie Stockstill, and Margaret Keller. Defendants seek summary judgment on the claims asserted by Plaintiffs Thoa Nguyen d/b/a Exotic Nails, Hien Hoang d/b/a Magic Nails, Uan Pham d/b/a Elegant- Nails #2, and Mai Thi Nguyen d/b/a Nu Nails. Plaintiffs filed a ...
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DECISION and ORDER JURISDICTION This matter, in which Plaintiff alleges violations of the Clean Water Act, was referred to the undersigned by Hon. William M. Skretny by Order filed April 6, 2010 (Dkt. 44) for all pretrial matters. It is presently before the court on Defendants’ motion to compel and for an expedited hearing filed October 14, 2016 (Dkt. 232). BACKGROUND On October 14, 2016, Defenda...
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FILED United States Court of Appeals Tenth Circuit February 21, 2017 PUBLISH Elisabeth A. Shu...
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This is a case about unconstitutional conditions of confinement for pretrial detainees. Twenty state pretrial detainees (“the plaintiffs”) 1 arrested on separate dates between July 10, 2011, and July 23, 2013, brought individual § 1983 claims in the same complaint against the City of New York (the “City”), New York City Police Department (“NYPD”) Captain Kenneth Kobetitsch, and NYPD ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1807 ___________________________ Ramon Mendoza lllllllllllllllllllll Plaintiff - Appellant Laura Mendoza lllllllllllllllll...
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Concurring opinion filed by Circuit Judge TATEL, with whom Senior Circuit Judge GINSBURG joins. ’ Appellant John Bowman alleges that five Internal Revenue Service (IRS) employees barred him from representing taxpayers before the Service without due process in violation of the Fifth Amendment. He seeks damages under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 38...
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United States Court of Appeals for the Federal Circuit ______________________ SECURE AXCESS, LLC, Appellant v PNC BANK NATIONAL ASSOCIATION, U.S. BANK NATIONAL ASSOCIATION, U.S. BANCORP, BANK OF THE WEST, SANTANDER BANK, N.A., ALLY FINANCIAL, INC., RAYMOND JAMES & ASSOCIATES, INC., TRUSTMARK NATIONAL B...
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ORDER Kelvin Settle (“Appellant”) appeals the motion court’s dismissal of his motion to set aside the judgment and sale of property located at 4243 Washington Avenue, St. Louis, Missouri, 63108 (the “Property”). Appellant claims that the court erred in finding the Collector of Revenue’s notice was sufficient under the foreclosure laws of Missouri. We find the foreclosure and sale of the Property w...
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ORDER Ceral L. Robinson appeals from the motion court’s denial, following an evidentiary hearing, of his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Rule 29.15.1 We have reviewed the briefs of the parties and the record on appeal and conclude the judgment of the motion court was not clearly erroneous. Rule 29.15(k). An ex*897tended opinion would have no p...
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ORDER Appellant The Board of Trustees of the Fountains at Moss Hollow appeals the trial court’s amended judgment dismissing with prejudice its action against Respondents Damon and Amy Shultz. We affirm. We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnish...
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ORDER Catherine S. Tyson (“Plaintiff”) appeals the judgment, entered after a bench trial, finding in favor of the City of St. Louis and Gregory F.X. Daly, in his official capacity as Collector of Revenue for the City of St. Louis, on Plaintiffs petition for declaratory judgment. We find no error has occurred. No jurisprudential purpose would be served by a written opinion. We have, however, provid...
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*898ORDER St. Louis County (“St. Louis County” or the “County”) appeals the trial court’s judgment ordering the St. Louis County Department of Public Works to issue Marion Hayes (“Hayes”) an electrical contractor license. The County raises two points on appeal. First, the County argues the trial court lacked jurisdiction over Hayes’s ■action. Second, the County argues Hayes did not meet his burden...
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ORDER Brian Mann (“Movant”) appeals from a judgment denying his Rule 29.151 post-conviction relief motion without an eviden-tiary hearing. On appeal, Movant contends the motion court clearly erred in denying his motion because trial counsel was ineffective for failing to consult with or hire an expert who could provide advice about, and testify regarding, blood spatter and spatter patterns, which ...
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ORDER Jeffrey Oshia appeals the decision of the Labor and Industrial Relations Commission denying unemployment benefits following his separation from Wil-Mix Concrete Products. We affirm. We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memor...
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ORDER Mark S. Wilson (Appellant) appeals from the trial court’s judgment convicting him of the class A Misdemeanor of Criminal Nonsupport pursuant to Section 568.0401 after a bench trial and sentencing *900him to 30 days in the county jail. We have reviewed the briefs of the parties and the record on appeal and conclude the trial court, as trier of fact, reasonably could have found Appellant guilt...
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ORDER James Johnson appeals from the judgment entered on his convictions after a bench trial for two counts of rape in the first degree and incest. There was no plain error in the court ordering his sentences to be served consecutively. We affirm. An opinion would have no precedential value nor serve any jurisprudential purpose, The parties have been furnished with a memorandum for their informati...
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*901ORDER Sarnie J. Louis (Movant) appeals from the motion court’s judgment denying his Rule 29.151 motion for post-conviction relief after an evidentiary hearing. We have reviewed the briefs of. the parties and the record on appeal, and we conclude the motion court’s denial of post-conviction relief was not clearly erroneous. Rule 29.15(k). An extended opinion would have no precedential value. We...
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ORDER Quitman Hegwood appeals from the judgment of the circuit court denying, after an evidentiary hearing, his Rule 29.15 motion for post-conviction relief. Finding no error, we affirm. We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memora...
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ORDER Alón Monigan appeals from the motion court’s judgment denying his Rule 29.151 motion for post-conviction relief after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the findings and conclusions of the motion court are not clearly erroneous. Rule 29.15(k); Burston v. State, 343 S.W.3d 691, 693 (Mo.App. E.D. 2011). An extended opinion w...
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ORDER Ricco Martin (“Appellant”) appeals the judgment of the trial court following a jury trial in which he was convicted of two counts of attempted first-degree statutory rape, one count of first-degree statutory sodomy, and one count of first-degree child molestation. In his sole point on appeal, Appellant argues that the trial court’s admission of his victim’s out-of-court statements violated h...
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OPINION Skipper R. Craigg (“Movant”) appeals from the judgment of the Circuit Court of Monroe County denying his Rule 24.0351 motion for post-conviction relief following an evidentiary hearing. We reverse and remand. *904FACTUAL AND PROCEDURAL BACKGROUND Following plea negotiations, Movant pled guilty and was convicted of unlawful possession of a firearm by a convicted felon, in violation of Secti...
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Steven Stafford (“Movant”) appeals from the judgment denying his Rule 29.15 motion after an evidentiary hearing. We reverse and remand. Movant was convicted of murder in the first degree, assault and armed criminal action after a jury trial and was sentenced to life imprisonment. After his convictions were affirmed on appeal, Movant filed a timely pro se Rule 29.15 motion on January 5, 2015. An at...
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IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-817 Filed: 21 February 2017 Brunswick County, No. 15 CVS 1217 TOWN OF BELVILLE, Plaintiff, v. URBAN SMART GROWTH, LLC, and MICHAEL WHITE, Defendants. Appeal by plaintiff from order entered 13 April 2016 by Judge Gary E. Trawick in Bruns...
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NO ERROR....
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AFFIRMED....
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NO ERROR....
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AFFIRMED IN PART; REVERSED IN PART AND REMANDED....
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NO ERROR....
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NO ERROR....
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NO ERROR....
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AFFIRMED....
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NO PREJUDICIAL ERROR....
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In the MATTER OF the Foreclosure of a Deed of Trust Executed by Bruce J. ADAMS Dated December 28, 2004 and Recorded in Book 18194 at Page 265 in the Mecklenburg County Public Registry, North CarolinaAFFIRMED....
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REVERSED AND REMANDED....
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DISMISSED IN PART; NO ERROR IN PART....
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NO ERROR....
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AFFIRMED....
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AFFIRMED....
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VACATED AND REMANDED....
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AFFIRMED AND REMANDED....
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NO PREJUDICIAL ERROR....
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VACATED AND REMANDED....
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VACATED AND REMANDED....
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APPEAL DISMISSED....
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NO ERROR....
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NO ERROR....
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AFFIRMED....
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REVERSED....
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*19Respondent-father ("Father") appeals from orders ceasing reunification efforts and establishing a permanent plan of adoption for his son, J.T. ("Jason"),1 and an order terminating his parental rights to Jason. Jason's mother ("Mother") is not a party to this appeal. For the reasons set forth below, we vacate the orders and remand for further proceedings consistent with this opinion. Factual and...
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Respondent appeals from an order terminating her parental rights to her minor child R.L.D., Jr. ("Ryan").1 The father is not a party to this appeal. After careful review, we affirm the trial court's order. Ryan was born in September of 2013. On 1 June 2014, the Northampton County Department of Social Services ("DSS") received a report alleging improper care of Ryan due to a possible burn or bliste...
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SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, portions of any opinion may not have been summarized.) Bound Broo...
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FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 21, 2017 ...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0041p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IBEW LOCAL NO. 58 ANNUITY FUND; ELECTRICAL ┐ WORKERS PENSION TRUST FUND OF IBEW LOCAL NO...
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS & DELTA-MENDOTA No. 14-17493 WATER AUTHORITY; WESTLANDS WATER DISTRICT, D.C. No. Plaintiffs-Appellees, 1:13-cv-01232- LJO-GSA ...
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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 8, 2016 Decided February 21, 2017 No. 13-3074 UNITED STATES OF AMERICA, APPELLEE v. CHRISTIAN FERNANDO BORDA, ALSO KNOWN AS TONY, APPELLANT Consolidated with 13...
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Dissenting opinion filed by Circuit Judge BROWN. In 2007-2008, the national economy went into a severe recession due in significant part to a dramatic decline in the housing market. That downturn pushed two central players in the United States’ housing mortgage market—the Federal National Mortgage Association (“Fannie Mae” or “Fannie”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”...
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Filed 2/21/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO GOLDEN DAY SCHOOLS, INC., B261461 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS142234)...
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In the United States Court of Federal Claims No. 08-321T Filed February 21, 2017 ) WASHINGTON MUTUAL, INC., as ) successor in interest to H. F. ) AHMANSON & CO. and ) Tax Refund Claim; Cost...
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FILED Feb 21 2017, 7:51 am CLERK Indiana Supreme Court ...
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OPINION AND ORDER Looking for a new home for its growing congregation, Plaintiff Christian Assembly *783Rios de Agua Viva (the “Church”) entered into a contract to purchase property in the City of Burbank, Illinois (the “City”). In order to use that property for religious purposes, the Church had to obtain a special use permit (“SUP”). After the City denied the SUP,, the Church terminated the con...
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ORDER Joann Dabney appeals from the Labor and Industrial Relations Commission’s decisions finding she failed to demonstrate she sustained a work-related injury and denying her disability benefits from Mediq Life Support Services and the Second Injury Fund. We have reviewed the briefs of the parties and the record on appeal and conclude that the Commission’s judgments are supported by sufficient co...
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Cheryl Reinagel and Roy Steven Thomas, as co-personal representatives (collec*422tively, “Personal Representatives”)1 of the Estate of Loren Lowell DePew (“Father”), Deceased, appeal the judgment in their action against their step-sibling, Loren Lloyd DePew, Jr. (“Son”), to discover assets and for imposition of a constructive trust. The judgment awarded Personal Representatives $2,337.59 (a small ...
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02/21/2017 DA 15-0398 Case Number: DA 15-0398 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 32 STATE OF M...
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Filed 2/21/17 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 33 GEM Razorback, LLC, Plaintiff and Appellant v. Zenergy, Inc., Defendant and Appellee No. 20160170 Appeal from the District Court of McKenzie County, Northwest Judicial District, the Honorable Robin Ann Schmidt, Judge. AFFIRMED. Opinion of the Court by Van...
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MEMORANDUM AND ORDER Marie Jones, as administrator of the Estate of her grandson Roy A. Jones, III (“decedent”), and decedént’s father, Roy A. Jones, Jr. (“Roy Jones”),' (collectively, “plaintiffs”) brought this civil ’rights action against defendants the County of Suffolk (“the County”) and Pedro Jones (collectively, “defendants”) in connection with the beating death of decedent by Pedro Jones on...
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ORDER Jerome Williams appeals from the judgment of the circuit court denying, after an evidentiary hearing, his Rule 29.15 motion for post-conviction relief. Finding no error, we affirm, We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memora...
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Transfer denied. All Justices concur....
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Transfer denied. All Justices concur....
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ORDER Adrian A. Gore appeals from the circuit court’s judgment denying his motion for post-conviction relief pursuant to Rule 24.035 after an evidentiary hearing. Finding no error, we affirm. We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a m...
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Transfer denied. All Justices concur....
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02/21/2017 DA 15-0550 Case Number: DA 15-0550 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 29 ...
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02/21/2017 Case Number: DA 16-0321 DA 16-0321 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 31 BANK O...
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Dorian Alexander (“Movant”) appeals from the judgment denying his Rule 29.15 motion after an evidentiary hearing. We reverse and remand. Movant was convicted of multiple counts of robbery and armed criminal action after a jury trial and was sentenced to fifteen years imprisonment. After his convictions were affirmed on appeal, Movant filed a *823timely pro se Rule 29.15 motion on December 10, 2014...
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delivered the Opinion of the Court. ¶ 1 Nagi sought review of the court of appeals’ judgment affirming his conviction and sentence for sexual assault on a child by one in a position of trust. See People v. Nagi, 2014 COA 12, — P.3d -. In addition to rejecting his challenge to the legality of his sentence, the court of appeals rejected-the defendant’s assertion that he was denied his statutory righ...
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ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [37] AND PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT^] Pending before the Court are Defendant Safelite Fulfillment, Inc.’s (“Safelite”) motion for summary judgment [Doc. #37] and Plaintiffs motion for partial summary judgment [Doc. #39]. The Court has reviewed and considered the papers filed in support of and in opposition to the, motions, and ...
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MEMORANDUM OPINION Pending is a Motion to Exclude the expert report and testimony of Peter Maga-Ihaes (ECF No. 82) and a Motion for Partial Summary Judgment (ECF No. 71) filed by Plaintiffs/Counter Defendants JFJ Toys, Inc. and Fred Ramirez (collectively, “Plaintiffs”). The issues are fully briefed and the Court now rules pursuant to Local Rule 105.6 because no hearing is necessary. For the reaso...
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OPINION & ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AS MOOT In December of 2016, Defendant International Hearing Society held a training program on tinnitus care in Orlando, Florida. Defendant’s program description states that Defendant' will provide a “Tinnitus Care Provider Certificate” to certain persons who complete the-program and ...
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ORDER GRANTING MOTION TO DISMISS INTRODUCTION In this action claiming breach of the covenant of good faith and fair dealing, defendants move to dismiss the second *1118amended complaint. For the reasons stated below, the motion is Granted. STATEMENT At all relevant times, defendant YouTube, LLC, a wholly-owned subsidiary of defendant Google Inc., operated an Internet service, also called YouTube, ...
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MEMORANDUM Plaintiff Cory Cottingham, an employee of a subcontractor on a construction site, *246brings claims against Tutor Perini Building Corporation and Keating Building Company1 for negligence based on an accident in which plaintiffs leg and foot were crushed by falling cement panels. Dkt. No. 23 (Sec. Am. Compl.). Defendants move for summary judgment on plaintiffs claim, submitting several ...
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On the morning of December 14, 2012, in Newtown, Connecticut, a gunman used an AR-15-type Bushmaster rifle and detachable thirty-round magazines to murder twenty first-graders and six adults in the Sandy Hook Elementary School. Two additional adults were injured by gunfire, and just twelve children in the two targeted classrooms were not shot. Nine terrified children ran from one of the classrooms...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2284 THE RIGHT REVEREND CHARLES G. VONROSENBERG, individually and in his capacity as Provisional Bishop of the Protestant Episcopal Church in the Diocese of South Carolina, Plaintiff...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1331 ROBERT G. MARCELLUS; DAVID WILLIAMS; BARRY HODGE; TIMOTHY GRESHAM; POWHATAN COUNTY REPUBLICAN COMMITTEE, Plaintiffs - Appellants, v. VIRGINIA STATE BOARD OF E...
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MEMORANDUM Pending before the court are the defendant’s objections to the presentence report. (Doc. 46). Defendant objects to the report which finds that he qualifies as a career offender under § 4B1.2 of the Guidelines. Defendant also requests a downward variance pursuant to 18 U.S.C. § 3553(a)(1). Based upon the court’s review of the record in this case, the defen*232dant’s objections will be o...
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MEMORANDUM & ORDER DENYING PLAINTIFF’S CLAIM FOR FEES PURSUANT TO K;S.A. § 40-256 This action was brought by Plaintiff Wichita Fireman’s Relief Association (WFRA) on behalf of its member, the late Captain Urban Eck, to recover an accidental death and dismemberment (AD&D) benefit in'a life insurance policy issued by Defendant Kansas . City, Life Insurance Company (KCL)1. After proper application b...
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MEMORANDUM OPINION AND ORDER On January 10, 2017, the Federal Trade Commission (FTC) filed a complaint against Credit Bureau Center, LLC, Michael Brown, Danny Pierce, and Andrew Lloyd seeking a permanent injunction and equitable relief. The FTC alleges that defendants violated section 5(a) of the FTC Act, 15 U.S.C. § 45(a); section 612(g)(1) of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 16...
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In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-1419 ALMA GLISSON, Personal Representative of the Estate of NICHOLAS L. GLISSON, Plaintiff-Appellant, v. INDIANA DEPARTMENT OF CORRECTIONS, et al., ...
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MEMORANDUM OPINION AND ORDER This is. an action challenging the administrative law judge’s (“ALJ”) dehial of social security disability benefits to plaintiff Michael F. Dyer. See 42 U.S.C. § 405(g). Plaintiff alleges that back-related pain prevents him from working a full-time sedentary job. BACKGROUND Plaintiff worked for many years in the maritime industry, where he loaded and unloaded barges an...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ ) KHALANI IESHA ALI, ) ) Plaintiff, ) ) v. ) Case No. 14-cv-230 (EGS) ) CAROLYN W. COL...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) PABLO CALDERON, ) ) Plaintiff, ) ) v. ) Case No. 14-cv-0425 (TSC) ) U.S. ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BETTY JEAN TURNER, ) ) Plaintiff, ) ) v. ) Civil Action No. 14-1093 (RC) ...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiff Electronic Privacy Information Center brings this Freedom of Information ■ Act (“FOIA”) action against Defendant Federal Bureau of Investigation (“FBI”), seeking disclosure of unpublished privacy assessments prepared by the agency. These assessments, known as “Privacy Impact Assessments” and... “Privacy Threshold Analyses,’.’ are designed to evaluate w...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., Plaintiff, v. Civil Action No. 15-687 (JEB) UNITED STATES DEPARTMENT OF STATE, Defendant. MEMORANDUM OPINION This is yet another case spun...
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MEMORANDUM OPINION The Bureau of Land Management (“BLM”) is authorized to, remove wild horses from public rangeland when it makes a determination that there is an overpopulation. Plaintiff Friends of Animals, a non-profit animal advocacy organization, challenges a July 2015 BLM decision authorizing the removal .of all excess wild horses in Colorado’s West Douglas Herd Area (“WDHA”), “beginning Se...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________ ) LESLIE WALKER, ) ) Plaintiff, ) ) v. ) Civil Action No. 15-2000 (RMC) ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PATRICK MAGUIRE, Plaintiff, v. Civil Action No. 16-2433 (JEB) FEDERAL BUREAU OF INVESTIGATION, Defendant. MEMORANDUM OPINION In this suit accus...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) ) ) IN RE: ANTHEM, INC. DATA BREACH ) Case No. 16-mc-02210 (APM) LITIGATION ) ...
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OPINION OF THE COURT BY In his underlying criminal case, Petitioner-Appellant Dean Daniel Mara (Mara) was convicted, after a jury trial, of manslaughter, reckless endangering, and place to keep loaded firearm. Respondent-Appellee State of Hawai'i (State) moved for extended terms of imprisonment on the grounds that Mara was a “persistent offender” and a “multiple offender” whose imprisonment for a...
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02/21/2017 DA 16-0098 Case Number: DA 16-0098 IN THE SUPREME COURT OF THE STATE OF MONTANA 2017 MT 30 ASSOCIATED DERMATOLOGY AND SKIN CANCER ...
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MEMORANDUM OPINION AND ORDER This case is before the court on various post-trial motions of the parties and a proposed intervenor following a jury verdict for Plaintiffs and the court’s award of equitable relief in this action for wrongful discharge in violation of the First Aihendment under 42 U.S.C. § 1983 and State law. The purpose of this memorandum opinion and order is to resolve all outstan...
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ENTRY AND ORDER GRANTING THIRD-PARTY DEFENDANT SELECTIVE INSURANCE COMPANY OF AMERICA’S MOTION FOR SUMMARY JUDGMENT (DOC. 46) This case is before the Court on the Motion for Summary Judgment (Doc. 46) filed by Third-Party Defendant Selective Insurance Company of America (“Selective”). In the First Amended Third-Party Complaint, Defendant and Third-Party Plaintiff H5G, LLC (“H5G”) alleges that Sel...
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Petition for writ of certiorari to the Appellate Court of Connecticut denied....
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*2294Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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OPINION & ORDER Plaintiffs Jeaninne Bruguier and Joni Theobald assert claims under Title VII and state law, alleging that defendants wrongfully terminated their employment and otherwise violated their rights because of plaintiffs’ political activities. Defendants Lac du Flambeau Band of Lake Superior Chippewa Indians, L.D.F. Business Development Corporation, and Henry St. Germaine jointly move to...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This matter is before the Court on the motion of Movant Northeastern Minnesotans for Wilderness (“NMW”) to intervene as a defendant. (See Mot. to Intervene [Doc. No. 25].) NMW contends that it is entitled to intervene as a matter of right pursuant to Federal Rule of Civil Procedure 24(a)(2). Alternatively, it asks the Court to permit it to intervene un...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01447-COA IN THE MATTER OF THE ESTATE OF APPELLANTS RICHARD L. GARDNER, DECEASED: LINDA GARDNER CALLINGTON, ANDREW GARDNER AND LARRY ROSS v. MAE OTHA GARDNER APPELLEE DATE OF JUDGMENT...
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OPINION This matter comes before the Court by way of the motions for summary judgment filed by Defendant Quest Diagnostics Incorporated (“Quest” or “the Company”),1 and by Plaintiff Zoé Manee. D.E. 71, 72. The parties filed briefs in opposition and in reply.2 The Court reviewed all submissions and held oral argument on both motions. For the reasons stated below, Defendants’ motion for summary jud...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-00844-COA GEORGE LOMAX APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 02/24/2015 TRIAL JUDGE: ...
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FOR THE COURT: 111. 110 South Street LLC filed a complaint in the Hinds County Chancery Court seeking damages against Atrium Gentleman’s Club Inc. (Atrium) after Atrium failed to make lease payments. After a hearing on the matter, the chancellor entered an order finding that Atrium owed 110 South Street $9,800 in back rent. The chancellor’s order reflected that the parties orally agreed that Atriu...
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FILr.0 COURT OF Arc'i- EALS I ST1'.7 V!..-.5!.;li:n 2017 FEB 21 f.:1 9:33 IN THE COURT OF APPEALS OF THE ...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CP-00242-COA DWIGHT LOTT A/K/A DWIGHT L. LOTT APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 08/27/2015 TRIAL JUDGE: HON. ANTHONY ...
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MEMORANDUM OPINION AND ORDER Pro se plaintiff Steven Williams (“Williams”) has filed an Objection to Magistrate Judge Freeman’s November 23, 2016 Order which denied reconsideration of a November 9, 2016 Order and also made additional rulings. The plaintiffs Objection, ECF No. 334, primarily concerns (1) the refusal of the Magistrate Judge to appoint an independent technical advisor to assist the C...
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MEMORANDUM OPINION AND ORDER Pro se plaintiff Grazyna Sklodowska-Grezak (“Grezak” or “plaintiff’) filed this action on June 3, 2016 under 42 U.S.C §§ 1983 and 1985, alleging violations of her First, Fifth, and Fourteenth Amendment rights. She also asserts several state law claims. Grezak claims that the defendants, Judith A. Stein, Ph.D. (“Stein”), Gianni Faedda, M.D. (“Faedda”), and Nancy B. *80...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-CA-01069-COA CATHY DORIS L. GRANTHAM APPELLANT v. OLD LIBERTY CEMETERY ASSOCIATION APPELLEE DATE OF JUDGMENT: 01/05/2015 TRIAL JUDGE: HON. EDWARD C...
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DISSENTING: ¶12. I respectfully dissent from the majority’s opinion. The trial court erred in granting summary judgment because the record reflects that questions of material fact exist in this case and that the trial court erroneously construed the facts and questions of disputed fact in the light most favorable to the Appellees, the movants for summary judgment.1 Such facts include Huffine’s tes...
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FOR THE COURT: ¶ 1. Gary Hunt was incarcerated in the custody of the Mississippi Department of Corrections (MDOC).1 He lost 180 days of earned time after he was caught with contraband in violation of prison rules. Hunt’s appeal boils down to two issues: (1) whether the MDOC unlawfully revoked his earned time; and (2) whether the MDOC’s decision was supported by substantial evidence. Since his appe...
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2015-KA-00981-COA THEOTIS RANDLE A/K/A THEODIS RANDLE APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 04/09/2015 TRIAL JUDGE: HON. LEE SO...
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(Slip Opinion) OCTOBER TERM, 2016 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared ...
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(Slip Opinion) OCTOBER TERM, 2016 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared ...
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(Slip Opinion) OCTOBER TERM, 2016 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared ...
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 16-1493 (ABJ)...
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Case: 16-60231 Document: 00513884350 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ...
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Theodore DeLong filed a notice of appeal directed to a summary final judgment of foreclosure entered in favor of Paradise Lakes Condominium Association. However, the judgment is not final or appealable because the circuit court did not resolve DeLong’s interrelated counterclaims. See Innovision Practice Grp., P.A. v. Branch Banking & Tr. Co., 135 So.3d 501, 502 (Fla. 2d DCA 2014). Because the cour...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RANDALL T. BURNEY, ) ) ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LEONARD EDWARDS, ) ) App...
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MEMORANDUM OPINION On January 24, 2017, Relator filed a petition for writ of mandamus. The court has considered the petition for writ of mandamus and is of the opinion that Relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a)....
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MEMORANDUM OPINION This is an appeal from an order denying a tertiary motion to recuse and granting sanctions pursuant to section 25.00256 of the Texas Government Code. “The denial of a tertiary recusal motion is only reviewable on appeal from final judgment.” Tex. Gov’t Code Ann. § 25.00256 (West Supp. 2016); see also In re Matter of Guardianship of Hart, 460 S.W.3d 742, 743 (Tex. App.-Fort Worth...
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MEMORANDUM OPINION Appellants filed a motion to dismiss this appeal. We grant the motion. See Tex. R. App. P. 42.1(a)(1). We order all costs assessed against appellants. See id. R. 42.1(d) (absent agreement of parties, costs are taxed against appellant).'...
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OPINION Opinion by: The City of San Antonio appeals the trial court’s order denying its plea to the jurisdiction in a suit for personal injuries arising from an accident involving a City automobile. The City contends it is immune from the suit because appellee, Charles Cervantes, failed to give formal notice of his claim within six months of the accident, and the City did not have actual notice t...
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REVISED February 1, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-50074 ...
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Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch's homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association's homepage at http://www.cobar.org. ADVANCE SHEET HEADNOTE ...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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FIFTH DIVISION DILLARD, P. J., RICKMAN and REESE, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://w...
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SECOND DIVISION BARNES, P. J., RICKMAN and SELF, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. h...
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MEMORANDUM OPINION 1. INTRODUCTION Plaintiff Everett E. Smith (“Plaintiff’), an inmate at the Howard R. Young Correctional'-5: Institution in Wilmington, Delaware, filed this action as a motion for a temporary restraining order and preliminary injunction to enforce the terms of a settlement agreement entered into between the United States of America (“U.S.A.”) and the State of Delaware (“State”) ...
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FIFTH DIVISION DILLARD, P. J., REESE and BETHEL, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. http://www.gaap...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs Lonnie Bjornson (“Bjornson”) and Sharon Bjornson bring this action *890against Bjornson’s employer, Soo Line Railroad Company, doing business as Canadian Pacific Railway, (“Canadian Pacific”), and Glenwood Hospitality, Inc. (“Glen-wood Hospitality”). Plaintiffs allege several state and federal claims based on Bjor...
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MEMORANDUM OPINION AND ORDER1 On December 9, 2016, plaintiff William Hudson brought suit on behalf of himself and a group of allegedly similarly situated security officers and patrol personnel currently and formerly employed by defendants Protech Security Group and its president, Keith Benson (collectively, “Protech”), for violations of the Fair Labor Standards Act (“FLSA”), Illinois Minimum Wage...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE THE COURT is the plaintiffs Motion [24] for Judgment on the Pleadings, filed pursuant to Fed. R. Civ. P. 12(c). Acadia Insurance Company requests a declaratory judgment that it does not owe any duties to the defendants for claims made by Donna P. Green as guardian ad litem for L.M.S. Green brought the underlying com...
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lain this redhibitory action, the defendant, B & G, Inc. d/b/a Splash Pools & Spa (“Splash Pools”), appeals from the trial court’s judgment in favor of the plaintiffs, Thomas and Suzette Hoffmann, for reimbursement of the purchase price and reasonable expenses occasioned by Splash Pools’ sale of a pool to the Hoffmanns. FACTS AND PROCEDURAL HISTORY In April 2011, Thomas and Suzette Hoff-mann purch...
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*1100 In an action, inter alia, pursuant to RPAPL article 15 for the determination of claims to real property, the plaintiff, David Rosenberg, as the executor of the estate of Shirley Riker, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated October 15, 2014, as denied the motion of Shirley Riker to preliminarily enjo...
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¶ 1. This case presents a narrow issue: whether the City of Milwaukee (the City) properly assessed the billboard permits of Clear Channel Outdoor, Inc. ("Clear Channel") as real property for the years 2009—2013.1 Clear Channel brought this excessive assessment action under Wxs. Stat. § 74.37 *353(2011-12)2, raising statutory and constitutional challenges to the City's tax assessments on approximat...
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Appeal by the father from an order of the Family Court, *1050 Kings County (Anthony Cannataro, J.), dated August 18, 2015. The order granted the mother’s motion, made at the close of the father’s case, to dismiss his petition to modify an order of custody and visitation of that court (Anne G. Feldman, J.H.O.) dated March 31, 2009. Ordered that the order dated August 18, 2015, is affirmed, wit...
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In an action, inter alia, to recover damages for employment discrimination and wrongful termination, the plaintiff appeals from an order of the Supreme Court, Queens County (Brath-waite Nelson, J.), entered October 30, 2014, which granted the motion of all the defendants except Lybi Gittens pursuant to CPLR 3012 (d) to extend the time to serve an answer, and denied her cross motion for leave to...
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ORDER BE IT REMEMBERED on the 17th, 18th, and 19th days of January 2017, the Court held a hearing in the above-styled cause, and the parties appeared, in person or through counsel. This case concerns a § 1983 suit brought by five Texas Planned Parenthood health care providers (Proyider Plaintiffs) and seven known but anonymized Jane Does (Individual Plaintiffs) (collectively, Plaintiffs). Plainti...
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|]The Cameron Parish Police Jury and the Cameron Parish School Board (collectively, the Police Jury), appeal the judgment of the trial court finding the proposed Cooperative Endeavor Agreement and Payment in Lieu of Taxes Agreement (CEA/PILOT) between the Police Jury and Cameron LNG invalid. Finding no error and no manifest error in the trial court’s judgment, we affirm. I. ISSUE We must decide wh...
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FILED United States Court of Appeals Tenth Circuit February 22, 2017 PUBLISH ...
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Case: 16-10942 Date Filed: 02/22/2017 Page: 1 of 12 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________________ No. 16-10942 _________________________ D.C...
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Rolando Ruiz murdered Theresa Rodriguez for remuneration on July 14, 1992, a crime for which he has been convicted and sentenced to death. In the two decades since, Ruiz has enjoyed the full benefit of the procedural protections of the laws of the United States and the State of Texas. With less than a month before his execution, Ruiz returns to this Court, asserting that we were in error in determ...
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STRANCH, J., delivered the opinion of the court in which GIBBONS, J., joined. GILMAN, J. (pp. 335-38), delivered a separate dissenting opinion. OPINION This diversity case involves claims that straddle the line between tort and contract *330and requires determination of the scope of Kentucky’s economic loss rule. The damages at issue were incurred when an RV refrigerator manufactured by Norcold o...
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0043p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SCOTT ANDREW WITZKE, ┐ Petitioner-App...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3538 ___________________________ Brian Knowlton, individually, and On Behalf of All Others Similarly Situated; Douglas Minerd, individually, and On Behalf of All Others Similarly S...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3649 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Michael Huyck lllllllllllllllllllll Defendant - Appellant ___________________________ No. 1...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3954 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1884 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1970 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DOROTHY S. TOWNE, ESQUIRE, d/b/a ) DOTTIE TOWNE, ATTORNEY AT LAW, ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT NOVA CASUALTY COMPANY, ) ) ...
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In this appeal from a final judgment of foreclosure, Federal National Mortgage Association appropriately concedes that it failed to establish standing at the time the original plaintiff, JP Morgan Chase Bank, N.A., filed the complaint. As a result, we reverse and remand for dismissal of the foreclosure action. See Segall v. Wachovia Bank, N.A., 192 So.3d 1241, 1245-46 (Fla. 4th DCA 2016); Fiorito ...
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT AUDREY A. BRYAN, ) ...
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OPINION Section 1731 of the Motor Vehicle Financial Responsibility Law (“MVFRL”) governs underinsured motorist (“UIM”) and uninsured motorist coverage. 75 Pa.C.S. § 1731. Pertinent to this appeal, the MVFRL requires insurers to offer insureds UIM coverage.1 Id. at § 1731(a). Insurers need to inform *90named insureds that they may reject UIM coverage by signing a written rejection form contained i...
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In this criminal appeal, Charles Moody Brandenburg claims the circuit court erred in charging the jury on first-degree harassment (harassment) as a lesser included offense of stalking. Brandenburg argues harassment is not a lesser included offense of stalking because harassment includes two elements not found in stalking: “unreasonable intrusion into the private life of a targeted person” and “emo...
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THE STATE OF SOUTH CAROLINA In The Supreme Court Rogers Townsend & Thomas, PC, Petitioner/Respondent, v. Stephen H. Peck, Thomas Moore, and Community Management Group, LLC, Respondents/Petitioners. Appellate Case No. 2011-199626 IN THE ORIGINAL JURISDICTIO...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 15-1754 ______________ UNITED STATES OF AMERICA v. KENNETH R. DOUGLAS, Appellant ______________ ON APPEAL FROM THE UNIT...
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PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 14-3754 _____________ UNITED STATES OF AMERICA v. RAYMOND BROWN, Appellant _______________ On Appeal from the District Court of the ...
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1416 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellant ...
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Affirmed ’ Concurs Concurs in result with opinion...
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OPINION AND ORDER Plaintiff, Willie E. Gillett, seeks judicial review of the final decision of the Com*1287missioner of the Social Security Administration (“SSA”) denying his claim for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). The Commissioner filed the Transcript of the proceedings (hereinafter referred to as “Tr.” followed by the appropriate page number), a...
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Affirmed in part, reversed in part, and remanded with instructions Concurs Concurs...
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Affirmed in part, reversed and remanded in part Concurs Concurs...
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Affirmed Concurs Concurs...
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FILED Feb 22 2017, 6:26 am CLERK Indiana Supreme Court Court of Appeals ...
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Affirmed Concurs Concurs...
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FILED Feb 22 2017, 5:48 am CLERK Indiana Supreme Court Court of ...
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Affirmed Concurs Concurs...
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FILED Feb 22 2017, 6:52 am CLERK Indiana Supreme Court Court of ...
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Reversed Concurs Concurs...
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OPINION This case requires us to determine the extent of a criminal-defense attorney’s obligation under the Sixth Amendment to the United States Constitution to inform a noncitizen defendant of the immigration consequences of a guilty plea. The appellant, Francisco Herrera Sanchez, pleaded guilty to third-degree criminal sexual conduct, Minn. Stat. § 609.344, subd. 1(b) (2016), which led to the i...
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OSCN Found Document:BROWN v. CLAIMS MANAGEMENT RESOURCES INC. OSCN navigation Home Courts Court Dockets Legal Research Calendar ...
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OPINION Bernard Cousar appeals from the order of the Philadelphia Court of Common Pleas denying, without a hearing, the guilt phase claims contained in his petition for relief from his death sentence under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. For the reasons set forth below, we remand to the PCRA court for an evidentiary hearing limited to two issues—whether counsel r...
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ORDER AND NOW, this 22nd day of February, 2017, the appeal is dismissed as having been IMPROVIDENTLY GRANTED. Justice Wecht dissents....
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THE STATE OF SOUTH CAROLINA In The Supreme Court The State, Respondent, v. Alphonso Chaves Thompson, Petitioner. Appellate Case No. 2015-002221 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal from Spartanburg County J. Derham Cole, Circuit Court Judge Opinion No. 27706 Heard...
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This opinion is subject to revision before publication in the Pacific Reporter 2017 UT 10 IN THE SUPREME COURT OF THE STATE OF UTAH In the Matter of the Discipline of JOSEPH P. BARRETT OFFICE OF PROFESSIONAL CONDUCT, A...
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This opinion is subject to revision before final publication in the Pacific Reporter 2017 UT 9 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Appellant, v. ...
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hln this case stemming from a one-vehicle automobile accident, the trial court granted summary judgment in favor of *685Defendants and dismissed Plaintiffs product liability claims against them based upon a release which Plaintiff, a passenger in the vehicle, had previously entered into with the driver of the vehicle and his liability insurer, who were not named as defendants in this action. Plain...
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bT.W.1 appeals the decision of the trial court terminating her parental rights to her minor children, B.W., C.D., and C.D. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY On March 20, 2014, the State of Louisiana, Department of Children and Family Services (DCFS) received a report indicating that T.W., the biological mother of B.W., born September 22, 2005, C.D., born November 1...
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*1147Opinion —Appellant Michael Angelo Lena was convicted of two counts of assault with a semiautomatic firearm upon a peace officer (Pen. Code, § 245, subd. (d)(2)), residential burglary (Pen. Code, § 459), and possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)), for which, with enhancements and prior convictions, he received a sentence of 51 years in state prison. He now appeals, ...
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ORDER DENYING DEFENDANT’S MOTION TO TRANSFER VENUE This matter is before the Court pursuant to Defendant J.B. Hunt Transport Inc.’s (“Defendant”) Motion to Transfer Venue. (ECF No. 13.) Plaintiff Celtic International, LLC (“Plaintiff’) filed an opposition to Defendant’s motion, (ECF No. 17.) Defendant filed a reply to Plaintiffs opposition. (ECF No. 18.) Having carefully reviewed the briefing fil...
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Affirmed Concurs Concurs...
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FILED Feb 22 2017, 5:35 am CLERK Indiana Supreme Court Court of Appeals ...
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| Relator, Jan Frankowski seeks review of the district court’s October 31, 2016 *37ruling granting exceptions of res judicata, no cause of action, and vagueness filed by Respondent, Courtney Bell Frankowski. Courtney Bell Frankowski filed these exceptions in response to a motion filed by Jan Frankowski which sought to reduce the amount of interim child support and interim spousal support he was pa...
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Lin this personal injury ease, plaintiff, Timothy Daniel, (“Mr. Daniel”), seeks review of the trial court’s judgment, granting a motion for summary judgment in favor of defendant, Khan Properties, Inc. d/b/a Clarion Inn & Suites (“Hotel”).1 For the reasons that follow, we affirm the judgment of the trial court. STATEMENT OF FACTS AND PROCEDURAL HISTORY In September 2012, Mr. Daniel was a guest at ...
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| jPlaintiffyAppellant, Herbert D. Collins, appeals the judgment that dismissed his negligence claims against Defendants/Ap-pellees, Kelly General Construction Company (hereinafter referred to as “Kelly Construction”) and Cincinnati Insurance Company (hereinafter referred to as “Cincinnati Insurance”), and Fredrick Ryan Davis, from the 40th Judicial Court, Division “A”. For the following reasons, ...
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|,The relator-defendant, Louisiana Health Service & Indemnity Company, d/b/a Blue Cross and Blue Shield of Louisiana (BCBS), seeks supervisory writs in our docket number 16-863 from the judgment of the trial court which overruled its exception of prescription. The relator-defendant, Ville Platte Medical Center, LLC (VPMC), seeks supervisory writs in our docket number 16-953 from the judgment of th...
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_JjPlaintiff/Appellant, Mark .Anthony Jenkins, Sr., appeals the sustaining of peremptory exceptions of res judicata and no cause of action in favor of Defendant/Ap-*1084pellee, Latasha Jackson, resulting in the dismissal of his petition for nullification in the 24th Judicial District Court, Division “A”. For the following reasons, we affirm the dismissal of the petition for nullification. FACTS AN...
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| ] Plaintiffs, David Ducote, Avery Interests, L.L.C., Jebaco, Inc., and Iberville Designs,1 (hereinafter collectively referred to as plaintiffs), have appealed the grant of summary judgment in favor of Whitney National Bank (hereinafter referred to as Whitney). For the reasons that follow, we affirm the judgment of the trial court. FACTS AND PROCEDURAL HISTORY On July 25, 2014, plaintiffs filed s...
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|, Plaintiffs, Louis T. D’Angelo and Louis T. D’Angelo Insurance Agency, Inc., appeal the 24th Judicial District Court’s May 2, 2016 judgment sustaining the dilatory exception of prematurity in favor of defendant, Joan Tramuta. After this appeal was lodged in this Court, it was determined that the district court’s judgment was deficient because it lacked the requisite decre-tal language. Particula...
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| defendant, Sean E. Stock, appeals his convictions for simple burglary of an inhabited dwelling, in violation of La. R.S. 14:62.2 (count one), and for receiving stolen things having a value of over $1,500.00, in violation of La. R.S.. 14:69 (count two). On appeal, defendant argues that the evidence is insufficient to convict him of the burglary charge. He also argues that the trial court erred in...
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Attorney Grievance Commission v. Philip James Sweitzer, Misc. Docket AG No. 11, September Term 2014 ATTORNEY MISCONDUCT – DISCIPLINE – DISBARMENT – Respondent, Philip James Sweitzer, violated Maryland Lawyers' Rules of Professional Conduct 8.4(b), (c), and (d). These violations stemmed from Respondent's felony theft conviction in the Circuit Court for Howard County. Disbarment is the appropriate ...
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Attorney Grievance Commission v. Dalton F. Phillips, Misc. Docket AG No. 47, September Term 2015 ATTORNEY GRIEVANCE COMMISSION – DISCIPLINE – DISBARMENT – Respondent, Dalton F. Phillips, violated Maryland Lawyers' Rules of Professional Conduct 3.1, 5.3(c), 5.4(d), 5.5(a), 8.1 (a) and (b), and 8.4(a), (c), and (d). These violations stemmed from Respondent's ratification of the unauthorized practic...
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AMENDED ORDER Dismissing the Section 2241 Habeas Corpus Petition With Prejudice for Lack of Subject-Matter Jurisdiction; Directing Entry of Separate Judgment Jason Sinagwana Nsinano (“petitioner”) is a federal immigration detainee being housed in a privately operated federal prison in Adelanto, California. Proceeding pro se, petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S...
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In the Matter of Judge Pamela J. White Misc. No. 5, September Term 2016 Right of Appeal – Origin, Nature, and Scope. The right to take an appeal is generally defined by statute. Neither the Maryland Constitution, nor any statute, including the statute that authorizes the Court of Appeals to conduct appellate review by writ of certiorari, provides for an appeal of a public reprimand issued by the...
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ORDER AND NOW, this February 22, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This matter is before the Court on ABF Freight Systems, Inc.’s (“ABF” or “Defendant”) motion for summary judgment (“Motion”) against Starboard Holdings LTD and Starboard Cruise Services, Inc. (collectively, “Plaintiffs”). [D.E. 79].1 Having reviewed the Motion, response, reply, related authorities submitted by the parties, and the record in this case, AB...
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IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 17 OCTOBER TERM, A.D. 2016 February 22, 2017 RENEE MICHELLE TRACY, n/k/a RENEE MICHELLE BUCHLI Appellant (Petitioner), ...
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****************************************************** The ‘‘officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially re...
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****************************************************** The ‘‘officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially re...
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MEMORANDUM — DECISION and ORDER TABLE OF CONTENTS I. INTRODUCTION.. „. 564 II. BACKGROUND.... 565 A. The Justice Center... .566 B. The School District.... 566 C. Discipline at the Jail.566 D. Education in Solitary Confinement....567 E. Use of Solitary Confinement on Juveniles .... 567 F. Plaintiffs’Experts. 568 1. Dr. Krisberg.., .568 2. Warden Parker.... 569 3. Dr. Kraus.... 570 G. Government’s ...
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OSCN Found Document:STATE ex rel. DEPT. OF TRANSPORTATION v. CEDARS GROUP, L.L.C. OSCN navigation Home Courts Court Dockets Legal Research C...
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¶ 1 The United States District Court for the Western District of Oklahoma (Western District) certified a single question of state law to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601-1611. The question certified is: Does the public policy of the State of Oklahoma prohibit enforcement of the Indoor Air Exclusion, which provides that the insurance a...
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MEMORANDUM Presently before the Court are cross-motions for summary judgment involving an insurance coverage dispute. Plaintiff Zurich American Insurance Company (“Zurich”) provides general insurance coverage for Rittenhouse Claridge, LP (“Rit-tenhouse”). Plaintiff alleges that Defendant Indian Harbor Insurance Company (“Indian Harbor”) has a duty to defend and a duty to indemnify Rittenhouse in ...
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ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (holding: “In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error;” further holding: “The written final judgment by the trial court could well be wrong in its reasoning, but the decision of the trial court is primarily w...
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ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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Affirmed. See § 90.104(l)(b), Fla. Stat. (2016); Sunset Harbour Condo. Ass’n v. Robbins, 914 So.2d 925 (Fla. 2005) (holding that in order to be preserved for appellate review, issue must be presented to lower court and the specific legal argument raised); Dade Cty. Sch. Bd. v. Radio Station WQBA, 781 So.2d 638 (Fla. 1999) (holding that, generally, a claim not raised in the trial court will not be ...
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Affirmed. See Gaff v. R.J. Reynolds Tobacco Co., 129 So.3d 1142, 1145 (Fla. 1st DCA 2013); see also Uffner v. Philip Morris USA Inc., 46 F.Supp.3d 1339, 1345 (M.D. Fla. 2014)....
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-2084 Lower Tribunal No. 15-9171 ...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-2245 Lower Tribunal No. 98-25761 ...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-1756 Lower Tribunal No. 14-194-P _____...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-1640 Lower Tribunal No. 15-29723 ___...
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Appellant Cornelius Watson appeals an order of the Miami-Dade Circuit Court, which determined that Watson’s motion for a speedy disposition of his probation violation case under the Interstate Agreement on Detainers was moot. At a hearing on March 3, 2016, the State withdrew its affidavit of probation violation and asked the court to unsuccessfully terminate Watson’s probation. Defense counsel sti...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-935 Lower Tribunal No. 14-5167 ___...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-689 Lower Tribunal No. 11-26813 _____...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D16-415 Lower Tribunal No. 15-7750 ___...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-2542 Lower Tribunal No. 14-6548 ___...
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Third District Court of Appeal State of Florida Opinion filed February 22, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-2441 Lower Tribunal No. 13-201-A-P __...
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Petitioner seeks a writ of certiorari directed to a trial court order that disqualified her attorney from representing her in the pending divorce proceedings. Certiora-ri review lies. Lieberman v. Lieberman, 160 So.3d 73 (Fla. 4th DCA 2014). We grant the petition and quash the disqualification order upon accepting respondent’s concession that it is overbroad because it disqualifies counsel from “a...
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Petitioner, Federal National Mortgage Association (“Fannie Mae”), seeks certio-rari review of an order granting respondent Stella Gallant’s (“Gallant”) post-judgment motion to intervene and stay the proceedings. We find that the trial court departed from the essential requirements of the law, resulting in material harm to Fannie Mae that cannot be remedied on appeal. This case has a long and compl...
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Appellants appeal the court’s final judgment and denial of their “Emergency Motion to Stay and Vacate Writ of Possession.” Previously, we dismissed the appeal of the final judgment of foreclosure for lack of jurisdiction as the notice of appeal was not timely as to that final judgment. Appellee now files a confession of error and states that we should reverse the denial of the motion to vacate the...
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Moráis Witter seeks review of an order imposing sanctions against his attorney and the corresponding final order awarding attorney’s fees. Appellant argues that the orders were legally insufficient because the trial court failed to make any express findings of bad faith conduct. We agree and reverse. In August 2014, Deutsche Bank filed a verified foreclosure complaint against appellant. Appellant ...
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The defendant appeals the summary denial of his rule 3.850 motion. We find no merit in the issues raised in grounds IB, 2, and 3. The trial court denied these grounds and we affirm. The trial court however did not rule on ground 1A. We therefore reverse in part and remand the case to the trial court to rule on ground 1A of the defendant’s motion. Kafus v. State, 933 So.2d 1267 (Fla. 2d DCA 2006) (...
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The juvenile appeals from his delinquency adjudication for burglary of a dwelling while wearing a mask. He argues the trial court erred in denying his motion for judgment of dismissal as to the burglary’s “mask” enhancement. Specifically, he argues that because he wrapped the lower part of his face in his shirt during only part of the burglary, and did not conceal his face within the home as shown...
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Clinton Dinnall appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to all grounds except his sixth, wherein Dinnall argues that trial counsel failed to request a competency *154evaluation pursuant to Florida Rule of Criminal Procedure 3.210(b). The trial court summarily denied that ground based on the state’s response...
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We affirm the revocation of the appellant’s probation as supported by competent evidence showing his willful and substantial violations. We also agree with the State’s concession of error, and remand for entry of a written order specifying each condition of probation the appellant violated. See Oertel v. State, 82 So.3d 152, 157 (Fla. 4th DCA 2012); Robinson v. State, 74 So.3d 570, 572 (Fla. 4th D...
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The question presented for our review is whether the Florida Wrongful Death Act supersedes the common law requirement that a spouse must be married to the decedent before the date of the decedent’s injury to recover damages for loss of consortium. Stated another way, did the legislative enactment, giving the estate’s representatives and survivors a remedy not found in the common law, “explicitly,”...
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ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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After a university professor’s application for promotion and tenure was denied, the parties attended arbitration. The arbitrator granted the professor relief, but the circuit court vacated the award, resulting in this appeal and cross-appeal. We agree with the circuit court that the arbitrator exceeded his authority in awarding the *365professor tenure, but we reverse and remand for the circuit co...
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ON MOTION FOR REHEARING AND REHEARING EN BANC We deny appellant’s motion for rehearing and for rehearing en banc but withdraw the previously-issued opinion and substitute the following in its place: Appellant, the son of the ward and a next of kin, challenges an order awarding attorney’s fees in a guardianship proceeding. He claims that the court determined that he did not have standing to parti...
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The trial court dismissed a complaint for declaratory judgment regarding State Farm’s calculation of PIP policy medical reimbursements based solely on Medicare fee schedules, where the insurance policy did not provide notice that the insurance company elected to apply the fee schedules pursuant to section 627.736(5)(a)2., Florida Statutes (2009). The court considered that the declaration requested...
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Johnny Lee Laster (“appellant”) appeals his conviction and ten-year prison sentence for one count of robbery. He raises two issues: first, that the trial court was required to sua sponte have the appellant evaluated for competency; and second, that he was denied effective assistance of counsel where there was no objection to the State’s peremptory strike of a prospective juror. Finding no error, w...
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MEMORANDUM OPINION AND ORDER Before the court are the plaintiffs’ motions (1) for leave to file an amended complaint (docket entry 9) and (2) to remand the case to the state court from which it was previously removed (docket entry 8). For the reasons stated below, the motions are granted. I. BACKGROUND The plaintiffs commenced this action in the 11th Judicial District Court of Harris County, Texa...
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ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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ORDER: (1)OVERRULING PETITIONER’S OBJECTIONS; (2)ADOPTING REPORT AND RECOMMENDATION; AND (3)DENYING FIRST AMENDED HABEAS PETITION Petitioner Ahmed Ali brings this First Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging his July 2010 conviction in San Diego County Superior Court. The matter was referred to Magistrate Judge William V. Gallo, who issued a Report and Reco...
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OPINION AND ORDER1 This matter comes before the Court on Defendant Dyck-O’Neal, Inc.’s (“DONI”) Motion for Judgment on the Pleadings (Doc. 87), to which Plaintiffs respond in opposition (Doc. 92). The parties also filed supplement briefs and authorities. (Doc. 95; Doe. 96; Doc. 97; Doc. 98). After considering the parties’ arguments and the applicable law, the Court grants DONI’s motion. *1220BACK...
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STATEMENT OF DECISION ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT On January 13, 2017, Plaintiff Morocca-noil, Inc. filed a Motion- for Partial Summary Judgment (Docket No. 28) seeking an adjudication that Moroccanoil Treatment Products sold by Defendant Perfumes World Com, Inc. (“Perfumes World Treatments”) infringe Moroccanoil, Inc.’s trademarks because they materially differ from the Mo...
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MEMORANDUM AND ORDER In this putative class action, Plaintiff Christina Culley alleges various employment claims under California law against her former employers, Defendants Lineare Inc. and Alpha Respiratory Inc. Apart from her class action claims, Plaintiff also sets forth several claims under California’s Private Attorney General Act (“PAGA”). Defendants now move for partial summary judgment,...
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*1242ORDER AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal is DENIED....
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MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Presently before the Court are the parties’ cross-motions for summary judgment: Defendant St. Paul Mercury Insurance Company’s motion for summary judgment [192] and Plaintiff Renasant Bank’s motion for partial summary judgment [195], as well ...
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ORDER AND NOW, this 22nd day of February, 2017, the Order of the Commonwealth Court is hereby AFFIRMED....
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MEMORANDUM AND ORDER This matter is before the Court on Defendants’ Motion for Protective Order (ECF No. 193). On January 31, 2017, the Court convened an in-person hearing to address the pending motion. Plaintiffs appeared through counsel, Randall K. Rathbun. Defendants appeared through counsel, James M. Armstrong. After consideration of both the arguments of counsel and the parties’ briefing, Def...
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OPINION AND ORDER OF DISMISSAL WITHOUT PREJUDICE Pending before the Court in the above referenced cause, removed from the 112th Judicial District Court of Harris County, Texas on diversity jurisdiction pursuant to 28 U.S.C. §§ 1332(a),1 1441, and 1446, and *532seeking damages for tortious interference with contract and with prospective contract and defamation per se, are (1) Defendant Business In...
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OPINION AND ORDER This matter is before the Court on Defendants Valda Flowers (“Flowers”), Crea*1346tive Risk Underwriters, LLC (“CRU”), and Michael Remeika’s (“Remeika”) (collectively, “Defendants”) Motion for Summary Judgment [87]. L BACKGROUND1 This case arises out of Flowers’ and Remeika’s resignation from non-party HCC Life Insurance Company (“HCC Life”) and their operation of a competing bu...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT This matter comes before the Court on defendants’ motion to dismiss. Dkt. #34. Plaintiff; the City of Seattle (“Seattle”)» alleges that defendant Monsanto Company (“Monsanto”) contaminated city water with toxic chemicals and argues that Monsanto—along with its successor corporations', also...
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ORDER DENYING DEFENDANT’S MOTIONS TO SUPPRESS (DOC. ## 1419, 1420, 1421) This matter is before the Court on Defendant’s Motions to Suppress Evidence, filed on September 19 and 20, 2016. (Doc. ## 1419, 1420, 1421.) The Government filed Responses challenging the Motions on October 3, 2016, (Doc. ## 1430,1431), and the Court conducted an evidentiary hearing on the Motions on January 5, 2017. Followin...
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied....
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ORDER GRANTING PRELIMINARY INJUNCTION IN PART Plaintiffs Nazli McDonnell (“McDonnell”) and Eric Verio (“Verio”) (together, “Plaintiffs”) sue the City and County of Denver (“Denver”), Denver Police Commander Antonio Lopez (“Lopez”) and Denver Police Sergeant Virginia Quinones (“Quiñones”) (collectively, “Defendants”) for allegedly violating Plaintiffs’ First and Fourteenth Amendment rights when th...
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ORDER Dismissing Plaintiffs F.R.C.P. 60(b) Motion for Relief from Judgment With Prejudice As Late and Barred by Failure to Appeal This was a civil-rights action under 42 U.S.C. section 1983. For the reasons that follow, the Court will dismiss plaintiffs Fed. R. Civ. P. 60(b) motion for relief from judgment with prejudice. . Proceeding pro se, California state prisoner Herbert Wolff (“plaintiff’) ...
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Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari dismissed. See Rule 39.8. As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1. See Ma...
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PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1270 JURALUK UPATCHA, Petitioner, v. JEFFERSON B. SESSIONS, III, Attorney General, Respondent. On Petition for Review of an Order of the Board of...