In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...   $0 (07-13-2018 - PA)

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

The federal Employee Retirement Income Security Act of 1974
(ERISA) requires administrators
of employee benefit plans to comply with the documents
that control the plans. 29 U.S.C. § 1104(a)(1)(D). In the
case of life insurance policies, that means death benefits are
paid to the beneficiary designated in the policy, notwithstanding
equitable arguments or claims that others... More...   $0 (07-11-2018 - IL)

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...   $0 (07-04-2018 - IA)

On March 5, 2008, Duncan purchased a 2008 Ford Edge from Decorah
Auto Center, Inc., with financing through Ford Motor Credit (FMC). She made
payments from April 19, 2008, until August 19, 2010. Duncan received notice she
owed $1871.94, due by November 19, 2010. Duncan stated she paid this amount
in a timely fashion, but on November 19, 2010, Bruce Shores of Repossessors, More...   $0 (06-26-2018 - IA)

Steven Nance appeals the district court's denial of his motion to correct an illegal sentence. He was convicted of five counts of indecent liberties with a child that took place in March 1993, before the July 1, 1993 effective date of the Kansas Sentencing Guidelines Act. Because of that, Nance was sentenced under the previous Kansas sentencing laws under which many sentences were of indeterminate... More...   $0 (06-23-2018 - KS)

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...   $0 (06-23-2018 - CA)

Doc
Duncan v. Ford Motor Credit, Repossessors, Inc., 919 N.W.2d 768(Table) (Iowa App. 2018)
format_size

919 N.W.2d 768 (Table)

Shannon DUNCAN, Plaintiff-Appellant,
v.
FORD MOTOR CREDIT, REPOSSESSORS, INC. and Bruce Shores, Defendants-Appellees.

No. 17-1122

Court of Appeals of Iowa.

Filed June 20, 2018

Dennis G. Larson of Larson ... More...   $0 (06-20-2018 - IA)

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

Wenxia Man appeals her conviction and sentence for conspiracy to export defense articles without a license or written approval in violation of the Arms Control Export Act, 22 U.S.C. § 2778; see also 22 C.F.R. §§ 121.1, 123.1, 127.1.
Case: 16-15635 Date Filed: 06/06/2018 Page: 1 of 44
2
Her appeal requires us to decide whether sufficient evidence supports her conviction, including the d... More...   $0 (06-11-2018 - FL)

On March 22, 2016, a confidential informant contacted Detective Chad Moore
of the Columbus Police Department and informed him that she could introduce
him to Connie Richey, a prospective drug dealer, and arrange for a drug buy.
At around 9 p.m., Detective Moore, operating undercover, drove to a
prearranged address and parked his vehicle out front. Having viewed
photograp... More...   $0 (06-08-2018 - IN)

This case involves a tragic accident on Louisiana Highway 10 in
Allen Parish near Oakdale. Two young women in their early twenties were killed
when their vehicle failed to navigate a curve in the road, traveled across the
opposing lane and its shoulder, and hit a tree stump in the ditch opposite their lane
of travel. The driver of the vehicle was Lacy Johnson. Her passenger ... More...   $0 (06-07-2018 - LA)

Between 2008 and 2011, Zachary Mason (“Zach”) farmed several properties in
Otero County, Colorado. During this time, Zach executed several loan agreements with
Farm Credit of Southern Colorado, ACA, and Farm Credit of Southern Colorado, FLCA
(collectively, “Farm Credit”). As part of the loan agreements, Farm Credit owned a
perfected security interest in some of Zach’s crops, ... More...   $0 (06-05-2018 - CO)

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...   $0 (06-03-2018 - CA)

As part of a multi-state conspiracy, Alfornia Johnson helped distribute large quantities of oxycodone pills in Ohio. After pleading guilty to conspiracy to distribute controlled substances, Johnson fled. Following his arrest two years later, the district court sentenced him to 188 months’ imprisonment for his involvement in the drug conspiracy, finding that his managerial role warranted an enhance... More...   $0 (05-31-2018 - MI)

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...   $0 (05-26-2018 - OH)

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

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

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

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose... More...   $0 (05-08-2018 - CA)

Kiley Ann Guenther appeals from a judgment of the trial court revoking her probation in two cases—Wyandotte County case Nos. 14 CR 0535 and 14 CR 1157. She argues that her conduct on probation merited imposition of intermediate sanctions instead of imposition of her underlying sentences. We acknowledge that a trial court is statutorily required to consider the use of a lesser sanction before revok... More...   $0 (05-07-2018 - KS)

In this diversity contract dispute, a jury awarded $256,500 for breach of contract and $1,499,999 for conversion. The jury rejected plaintiffs’ unfair and deceptive trade practices claim, and the district court granted judgment as a matter of law to defendants on the abuse of process claim. In a second trial solely on punitive damages, another jury awarded $3 million in punitive damages. In respon... More...   $0 (05-04-2018 - NC)

Respondent and cross-appellant Erik Hansen and several relatives (the “Hansens”)
own about 382 acres of farmland in Tulare County (APN 291-010-009; the “09 parcel”).
Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent
parcel of about 250 acres (APN 291-010-005; the “05 parcel”).1
This case centers around
approximately 10 acres on the southwest... More...   $0 (05-02-2018 - CA)

In October of 2015, a grand jury returned a three-count indictment charging former Virgin Islands Senator Wayne James with two counts of wire fraud under 18 U.S.C. § 1343,1 and one count of federal programs embezzlement under 18 U.S.C. § 666(a)(1)(A).2 These charges stemmed from

1 18 U.S.C. § 1343 provides in part:

“Whoever, hav... More...   $0 (05-01-2018 - VI)

Plaintiff Rae Weiler seeks a declaration and order from the superior court
that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., must
either (1) pay plaintiff’s share of the costs in the previously ordered arbitration, or (2)
waive their contractual right to arbitrate the underlying claims and allow them to be tried
in the superior court. We conclude, ba... More...   $0 (05-01-2018 - )