The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...   $0 (08-17-2018 - KS)

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...   $0 (08-17-2018 - AR)

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...   $0 (08-15-2018 - )

Plaintiffs 303 Creative LLC and Lorie Smith sued various Colorado officials
(collectively, the state) to preempt them from enforcing certain parts of the Colorado
Anti-Discrimination Act (CADA), Colo. Rev. Stat. § 24-34-601. The plaintiffs say
the CADA interferes with their plan to design wedding websites for opposite-sex—
but not same-sex—couples. Although there are some pertinent... More...   $0 (08-14-2018 - CO)

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...   $0 (08-14-2018 - CA)

Proceeding pro se,1 Joan Farr appeals the district court’s order granting
summary judgment on her 42 U.S.C. § 1983 claim in favor of the Huckleberry
Homeowners Association and its board members (collectively, HOA). She also
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument wouldn’t materially assist in the determination ofMore...   $0 (08-10-2018 - KS)

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c... More...   $0 (08-08-2018 - AR)

Arthur Blech died in 2011, leaving an estate worth in
excess of $65 million. At his death, his estate planning
documents included the Arthur Blech Living Trust, as amended,
and his will, which provided for the “pour over” of most of his
remaining assets into the Trust, to be administered as part of the
corpus of the Trust by a third party trustee. Arthur left most of
his es... More...   $0 (08-07-2018 - )

Proenza and his wife Sandra testified that on April 2, 2008, A.J.V. was born in
Minnesota to Sandra’s sister. Hoping to adopt A.J.V., Proenza and Sandra drove to
Minnesota and returned to Texas with the child.
When A.J.V. was three or four weeks old, Sandra and A.J.V.’s birth mother, who
was in Texas at the time, took A.J.V. to Su Clinica. A.J.V.’s birth mother signed medi... More...   $0 (08-07-2018 - TX)

After a 10-day trial, a jury ruled in favor of appellant David Lacagnina on his
claims for fraud, breach of contract, and breach of the covenant of good faith and fair
dealing against respondents Comprehend Systems, Inc. (Comprehend) and its two
cofounders, Richard Morrison and Jud Gardner. From June 1, 2012 to November 20,
2013, when he was terminated, Lacagnina worked for Compreh... More...   $0 (08-04-2018 - CA)

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...   $0 (08-02-2018 - CA)

Heidi Hostettler was fired from the College of Wooster’s Human Resources Department when she was unable to return to work on a
>
No. 17-3406 Hostettler v. College of Wooster Page 2
full-time basis as she was recovering from postpartum depression and separation anxiety. She sued under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213 (2012); Title VII of the Civil Righ... More...   $0 (07-26-2018 - OH)

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co... More...   $0 (07-25-2018 - UT)

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

John Stroy filed suit against his employer, the Department of Veterans Affairs, alleging racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964. The district court dismissed Stroy’s retaliation claim for lack of subject matter jurisdiction and granted summary judgment in favor of the VA on Stroy’s discrimination claim. For the reasons below, we AFFIRM.
I.
Joh... More...   $0 (07-25-2018 - LA)

Barbara Sopkin appeals from the district court’s dismissal of her lawsuit filed both derivatively on behalf of Interlase Limited Partnership and as assignee of Lucre Investments Ltd, which Sopkin purports assigned to her a 2% general partnership interest in Interlase.1 In her operative complaint, Sopkin alleges multiple state law claims primarily related to the defendants’ handling of Interlase’s ... More...   $0 (07-24-2018 - VA)

This appeal addresses the trial court’s denial of Espada’s application for pre-trial writ of
habeas corpus. During the habeas proceeding, Espada alleged the trial court’s grant of a new
punishment hearing on his capital murder conviction was barred by double jeopardy.

Because the facts developed in the guilt-innocence and original punishment phase provide
necessary ba... More...   $0 (07-23-2018 - TX)

The sentences in Wyandotte County cases 87CR1856 and 88CR586 were ordered to run concurrent with each other but consecutive to the sentence in Wyandotte County case 81CR13. The sentences in Counts I and II in Wyandotte County case 88CR586 were ordered to run concurrent with each other.

The sentences in Johnson County case K53262 were ordered to run consecutive to the Wyandotte County c... More...   $0 (07-22-2018 - KS)

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...   $0 (07-19-2018 - UT)

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...   $0 (07-17-2018 - CA)

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

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)