Dram Shop Law
 
Gregory Luce and Nicholas Newman v. Town of Campbell, Wisconsin and Tim Kelemen United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Interstate 90 runs through
the Town of Campbell, Wisconsin. The speed limit on I-90 in
the Town is 65 miles per hour. Two streets and one pedestrian
overpass cross the highway within the Town. A traffic
survey in 2008 found that between 23,000 and 29,000 trucks
and cars pass through the Town on I-90 every day.
2 No. 15-2627
Gregory Luce and Nicholas Newman, two members ... More...
   $0 (09-27-2017 - WI)

United States of America v. William Kiekow, et al. Fifth Circuit Court of Appeals - New Orleans, Louisiana

After a 14-day jury trial, a jury in the Eastern District of Texas convicted Defendants-Appellants William Edmund Kiekow (“Kiekow”), Felipe U. Uriarte (“Uriarte”), and Arthur James Pierre (“Pierre”) (collectively, “Appellants”) of conspiracy to distribute or possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846.1 On appeal, Appellants challenge venue and the sufficiency
2<... More...
   $0 (09-25-2017 - TX)

United States of America v. Jeremy Richard Lundin Federal Courthouse - Minneapolis, Minnesota

St. Paul, MN - Big Island Capital Fraudster Pleads Guilty To Million Dollar Ponzi Scheme

Jeremy Richard Lundin, 30, pleaded guilty to operating a Ponzi scheme through which he stole more than $1 million from individual investors. LUNDIN, who was charged via a criminal information on September 1, 2017, pleaded guilty before Judge Wilhelmina M. Wright in U.S. District Court in Saint Paul, M... More...
   $0 (09-25-2017 - MN)

United States of America v. Shayne Parker Federal Courthouse - Boston, Massachusetts

Sometime on or around March 22, 2014 — all dates here
are in that year, by the way — Shayne Parker committed two legal
no-nos: he possessed 50 rounds of 38-caliber ammo while being a
convicted felon, and he transported a SCCY Model CXP 9-mm pistol
into his state of residence without a license. Or so a federal
grand jury in Massachusetts alleged in an indictment charging him
... More...
   $0 (09-21-2017 - MA)

Thomas Wartman v. United Food and Commercial United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Thomas B. Wartman, Victoria’s Market, LLC; Glen Lake’s Market, LLC;
ART, LLC; and Thomas W. Wartman (Plaintiffs) filed suit under 29 U.S.C. § 187.
Plaintiffs alleged that United Food and Commercial Workers Local 653 (the Union)
had engaged in unfair labor practices, in violation of § 8(b)(4) of the National Labor
Relations Act (the Act), 29 U.S.C. § 158(b)(4). Plaintiffs appeal fro... More...
   $0 (09-15-2017 - MN)

United States of America v. Damien Corbett Federal Courthouse - Portland, Maine

The defendant, Damien Corbett,
raises three issues in this appeal from his conviction of
conspiracy to distribute and possess with intent to distribute
oxycodone and oxymorphone. Corbett first argues that the
government's evidence was insufficient. Somewhat relatedly, he
contends that the district court committed plain error in its
response to a question from the jury. Fina... More...
   $0 (09-11-2017 - ME)

United States of America v. Michael Albert Focia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

The Dark Web. For many, the name conjures images of a suspect shadow internet world where virtually anything can be bought for the right price.1 Indeed, Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) Special Agent Tully Kessler described the Dark Web as “another side of the Internet . . . access[ible] through your Internet provider . . . [but only using] special software.” He opined tha... More...   $0 (09-10-2017 - AL)

United States of America v. Ashley Watson Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Albuquerque Woman Sentenced to Four Years in Federal Prison for Synthetic Cannabinoid Trafficking Conviction

Ashley Watson, 31, of Albuquerque, N.M., was sentenced 48 months of imprisonment for her conviction on synthetic cannabinoids trafficking charges. Watson will be on supervised release for five years after completing her prison sentence.

Watson and co-defe... More...
   $0 (09-07-2017 - NM)

Direct capital Corporation v. Grant Brooks

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified
for publication with the exception of part II.

Disregarding procedural asides raised by the parties, this appeal turns on the
distinction between “necessaries of life” and “common necessaries of life” as those
phrases are used in different parts of Family Code section 914,1 and which of... More...
   $0 (09-04-2017 - CA)

Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special... More...
   $0 (08-28-2017 - OK)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Charles Sheffer v. Carolina Forge Company, LLC and Garrett Law Center, PLLC v. The Hershewe Law Firm, P.C.

¶1 This appeal involves two law firms disputing the trial court's division of a $234,462.34 contingent attorney fee fund. The court awarded $5,000.00 to attorney Rick Yohn, then awarded Appellant Garrett Law Center, PLLC (GLC) 25% of the fund and 75% to Appellee The Hershewe Law Firm, P.C. (HLF). We find the division was not against the clear weight of the evidence or contrary to law. Accordingly,... More...   $0 (08-22-2017 - OK)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain ... More...   $0 (08-21-2017 - PA)

Carolyn Combs v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration

Carolyn Combs appeals from the district court’s order affirming the
Administrative Law Judge’s (ALJ) denial of her application for disability insurance
benefits and supplemental security income. Because we conclude that the ALJ failed
to fully and fairly develop the record, we reverse and remand for further factual
findings.
I. Background
Combs applied for disability benefi... More...
   $0 (08-21-2017 - AR)

United States of America v. Anthony Jovan Greene Federal Courthouse - Las Vegas, Nevada

Las Vegas, NV - Las Vegas Man Pleads Guilty To Robbing Over $200,000 From Armored Vehicle And Stealing 18 Firearms From Gun Store

A man pleaded guilty on August 17, 2017 to using a baseball bat to rob over $200,000 from an armored vehicle and for stealing 18 firearms, including a suppressor, from a gun store.

Anthony Jovan Greene, 31, of Las Vegas, pleaded guilty to one count eac... More...
   $0 (08-17-2017 - NV)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

James Mark Dunne v. Brinker Texas, Inc., Chili's Beverage Company, Inc., and Brinker International Payroll Company, L.P., D/B/A Chili's Grill & Bar, and Lois Ahlgrim

After James Mark Dunne (“Dunne”) was indicted for intoxication assault, he sued Brinker Texas, Inc., Chili’s Beverage Company, Inc. and Brinker International Payroll Company L.P., d/b/a Chili’s Grill & Bar, and Loius Ahlgrim (“Chili’s”) asserting a claim under the dram shop statute. See TEX. ALCO. BEV. CODE ANN. § 2.02 (West 2007). Dunne then asserted his Fifth Amendment privilege in response to C... More...   $0 (08-10-2017 - TX)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

United States of America v. Herman James Davis III

Tulsa, OK - Man Pleads Guilty to Money Laundering

The United States of America charged Herman James Davis III with money laundering in violation of 18 U.S.C. 1957(a) which provides:

§1957. Engaging in monetary transactions in property derived from specified unlawful activity

(a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attemp... More...
   $0 (08-02-2017 - OK)

Sylla Bangaly v. Alfred B. Baggiani

¶ 1 The instant appeal concerns a criminal contempt finding arising out of wrongful death
litigation in which the contemnor, Bangaly Sylla,1 was involved as the administrator of the
1We note that, due to inconsistencies in the record on appeal, Sylla was referred to as “Sylla
Bangaly” in our earlier opinion concerning that litigation but is actually named “Bangaly Sylla.”
No. 1-15-... More...
   $0 (08-02-2017 - IL)

Clyde Douglas Cummings v. The State of Texas Sixth Court of Appeals, Texarkana, Texas

When Sgt. Richard Eakin of the Grandview Police Department noticed a sports-utility
vehicle (SUV) and a motorcycle behind a closed Mobil station in the early morning hours of
April 20, 2014, he stopped to investigate. As he pulled up, Eakin saw Brent Townsend standing
beside the passenger side of the SUV, Clyde Douglas Cummings in the front passenger seat, and
Cummings’ wife, ... More...
   $0 (07-20-2017 - TX)

STATE OF KANSAS v. DANIEL LYNN CREGUT

Around May 2012, Wilson and Cregut began dating. In March 2014, Wilson ended her relationship with Cregut. After the breakup, Wilson and Cregut continued to communicate and had what Wilson described as "an on and off thing." But on June 21, 2014, Wilson obtained a protection from abuse order against Cregut. Cregut was ordered not to have any contact with Wilson.

On June 29, 2014, Cregut... More...
   $0 (07-13-2017 - KS)

STATE OF KANSAS v. DANIEL PEREZ, State v. Perez - Video

In our discussion of the facts, we will refer to the witnesses and victims by first name because many of them share surnames or changed surnames after marriage. Sometime before the mid-1990s, Perez was living in Texas. There, he met a woman named Patricia Gomez (Trish) and the two began a sexual relationship. Trish later married and took the surname Hughes.

Later, but sometime before A... More...
   $0 (07-10-2017 - KS)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

STATE OF CONNECTICUT v. NINA C. BACCALA Stamford Judicial District Courthouse, Stamford, CT

Substitute information charging the defendant with two counts of the crime of threatening in the second degree and one count of the crime of breach of the peace in the second degree, brought to the Superior Court in the judicial district of Tolland, geographical area number nineteen, and tried to the jury before Graham, J.; verdict and judgment of guilty of breach of the peace in the second degree... More...   $0 (07-07-2017 - CT)

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