This cause came on to be considered upon a notice of appeal, the transcript of
the docket and journal entries, the transcript of proceedings and original papers from the
Butler County Court of Common Pleas, and upon a brief and amended brief filed by
appellant's counsel.

Counsel for appellant, Theresa D. Hawkins-Stephens, has filed a brief with this
court pursuant to

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,

On July 30, 2015, a Jefferson Parish Grand Jury indicted defendant, Dexter
Allen, on two counts of second degree murder (counts one and two), violations of
La. R.S. 14:30.1, and 21 counts of simple burglary (counts five through 23), in
violation of La. R.S. 14:62.1 Defendant pled not guilty at his arraignment on
September 11, 2015. On October 11, 2016, the matter proceeded to

On July 21, 2014, the Jefferson Parish District Attorney charged defendant,
Germaine Gumms, by two separate bills of information, with possession of
methamphetamine, a felony, in violation of La. R.S. 40:967(C), in district court
case number 14-3778, and possession of synthetic cannabinoid, a misdemeanor, in
violation of La. R.S. 40:966(C), in district court case number 14-3779

On March 27, 2017, the Jefferson Parish District Attorney filed a bill of
information charging defendant and five co-defendants with multiple offenses.
Defendant was charged with armed robbery with a firearm in violation of La. R.S.
14:64.3(A) (count one); aggravated second degree battery with a dangerous
weapon, by intentionally inflicting serious bodily injury in violation o

On January 6, 2016, the Jefferson Parish District Attorney filed a bill of
information charging defendant with armed robbery, in violation of La. R.S. 14:64,
while armed with a firearm as per La. R.S. 14:64.3. Defendant pled not guilty at
his arraignment.
On April 25, 2016, defendant withdrew his not guilty plea and, after being
advised of his rights, pled guilty to arm

On May 29, 2008, the Defendant1 was indicted with the second degree
murder of Gervais Nicholas.2 He pled not guilty at arraignment. After a four-day
trial, a twelve-person jury found the Defendant guilty as charged.3 The trial court
denied the Defendant‟s motion for new trial and granted an appeal. Subsequently,
the Defendant was sentenced to life in prison with the p

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th

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

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou

MEYER, District Judge.

On September 21, 1987, Quality Inns International, Inc. announced a new chain of economy hotels to be marketed under the name "McSleep Inn." The response of McDonald's Corporation was immediate. It demanded by letter sent three days later that Quality International not use the name "McSleep" because it infringed on McDonald's family of marks that are characterized b

Healea was arrested in October 2014 for allegedly backing his truck into a
restaurant’s outside wall, which resulted in four patrons sustaining injuries. He was
charged with four counts of second-degree assault and one count of leaving the scene of a
motor vehicle accident. Healea was taken to the police department, where he requested
to speak with his attorney privately. Th

On February 13, 2015, Kiasha Clovis and Defendant’s sister, Melissa Hayes,
were involved in an altercation in an apartment that the two women shared in
Alexandria. Melissa Hayes was in the process of moving out and was being
assisted by her boyfriend, Devonte Davis, her sister, Myra Hayes, Mr. Davis’s
mother and sister, and Defendant. The Davises, along with Myra and Defendan

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu

In 2009, Holland was convicted by a jury of eight drug-related crimes. The facts and the charges were set forth in detail by a panel of this court in State v. Holland, No. 102,795, 2011 WL 135022, at *1-2 (Kan. App. 2011) (unpublished opinion). Following
2

remand for resentencing and a second appeal of the new sentences, the Kansas Supreme Court ultimately affirmed Holland's senten

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him

On June 3, 2016, the Jefferson Parish District Attorney filed a bill of
information charging defendant with two counts of battery of a police officer, in
violation of La. R.S. 14:34.2. Defendant pled not guilty at his arraignment. He
thereafter filed a motion to appoint a sanity commission to determine his
competency to proceed to trial. On September 14, 2016, after consider

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (

The victim Donald Dean Trahan, Jr., aka “T-Don,” and his girlfriend
Jennifer Carlile lived in a trailer owned by Defendant. On March 22, 2016, Carlile
went to a hospital with a broken nose and eye sockets, apparently the result of a
beating from the victim. At about the same time that day, the victim was out
fishing. Carlile returned to the trailer after her hospital visit;

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of

On January 10, 2017, Billy R. Meadows pled guilty to second degree
cruelty to a juvenile, and was subsequently adjudicated a fourth felony
offender pursuant to La. R.S. 15:529.1. As a result of the habitual offender
adjudication, Meadows’ sentence was enhanced from 40 years of
imprisonment at hard labor to imprisonment for the rest of his natural life.
Meadows urges the f

In 2002, a jury found Mattox guilty, among other things, of aiding and abetting in the reckless second-degree murder of John Lane. Although the facts are fully set out in Mattox's direct appeal, State v. Mattox, 280 Kan. 473, 124 P.3d 6 (2005) (Mattox I), and his previous K.S.A. 60-1507 motion, Mattox v. State, 293 Kan. 723, 267 P.3d 746 (2011) (Mattox II), we briefly discuss the facts to give con

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees