Res Ipsa Loquitur Law
 
HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The

More...   $0 (07-15-2018 - MA)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail

More...   $0 (07-15-2018 - )

STATE OF OHIO vs. JAY SHERIDAN ANDREWS

We previously outlined the underlying facts in this case on direct appeal. See State v. Andrews, 9th Dist. Summit No. 25114, 2010-Ohio-6126, ¶ 2-9. To summarize, Mr. Andrews met the victim (“R.B.”) while both men were serving time in the Summit County Jail. See id. at ¶ 2. Mr. Andrews offered R.B. a place to stay and the two began living together in the spring of 2009. See id. at ¶ 3. On

More...   $0 (07-13-2018 - OH)

STATE OF OHIO vs. WAYNE TURNER

In 2016 Turner plead guilty to one count of attempted felonious assault and one count of domestic violence. At sentencing the trial court imposed 18 months of community control on each count. The trial court also imposed a prison sentence of 30 months on each count but ordered the prison terms “suspended” in favor of community control. {¶3} On June 21, 2017, the trial court conducted a comm

More...   $0 (07-13-2018 - OH)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

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)

CITY OF TAUNTON, MASSACHUSETTS v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529 .

It is useful to begin with an overview of the legal
landscape that is relevant to this appeal. The Clean Water Act
(CWA) prohibits the "discharge of any pollutant" unless that
discharge complies with NPDES permit requirements. 33 U.S.C.
§§ 1311(a), 1342. The EPA is responsible for issuing NPDES
permits unless a state agency is authorized to do so. Id.
§ 1342(a)-(c

More...   $0 (07-10-2018 - MA)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o

More...   $0 (07-10-2018 - UT)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending

More...   $0 (07-09-2018 - TN)

STATE OF OHIO vs. DAJHON WALKER

In 2013, Walker and codefendants Otis Johnson and Derrell Shabazz (“Shabazz”)
were charged in a ten-count indictment with the aggravated murder of Antwon Shannon
(“Shannon”) (Count 1), murder of Shannon (Count 2), felonious assault of Shannon (Counts 3 –
5), felonious assault of Ivor Anderson (“Anderson”) (Count 6), and felonious assault of Eunique
Worley (Count 7). Shabazz a

More...   $0 (07-08-2018 - OH)

STATE OF KANSAS v. TERRY D. MCINTYRE

In 2000, a jury convicted Terry McIntyre of rape, aggravated kidnapping, aggravated criminal sodomy, kidnapping, and aggravated robbery. The district court found that McIntyre had a criminal history score of B, based in part on his pre-1993 Missouri convictions of robbery and exhibiting a deadly weapon, scored as person felonies for criminal history purposes. The district court sentenced McIntyre

More...   $0 (07-06-2018 - KS)

State of Oklahoma v. Vivian Lashawna Shelby

Tulsa, OK - The State of Oklahoma charged Vivian Lashawna Shelby with:

Count # 1. Count as Filed: ABGEN, ASSAULT AND OR BATTERY ON A EMERGENCY MEDICAL TECHINICIAN, in violation of 21 O.S. 650.4
Date of Offense: 06/19/2014

Party Name Disposition Information

SHELBY, VIVIAN LASHAWNA Disposed: DEFERRED, 10/14/2014. Guilty Plea
Count as Disposed: ASSAULT AND OR B

More...   $0 (10-14-2014 - OK)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter

More...   $0 (07-06-2018 - CA)

HO-CHUNK, INC., ET AL. v. JEFF SESSIONS, IN HIS OFFICIAL CAPACITY, ET AL. Ho-Chunk Inc.: Winnebago Tribe of Nebraska

Historically, the “HoChunk” Tribe occupied portions of what are now several midwestern states. In the 1800’s the Tribe entered into treaties with the United States and divided into two branches: the HoChunk Nation of Wisconsin and the Winnebago Tribe of Nebraska. Both are federally-recognized Indian tribes with federal reservations. See 83 Fed. Reg. 4,235, 4,237, 4,239 (Jan. 30, 2018).
The

More...   $0 (07-05-2018 - DC)

Security Bank & Trust Company vs. Larkin, Hoffman, Daly & Lindgren, Ltd.

Larkin drafted a will and revocable trust agreement for Gordon P. Savoie in 2009.
Following a number of specific bequests, Article 7 of the trust agreement directed that 45
percent of the remaining trust assets be distributed to a beneficiary who was more than 37.5
years younger than Savoie. As a result, the distribution was subject to a
generation-skipping transfer tax total

More...   $0 (07-04-2018 - MN)

Muhammad Tanvir, et al. v. FN Tanzin, et al. Southern District of New York - New York, New York

7 Plaintiffs‐Appellants Muhammad Tanvir, Jameel Algibah, and Naveed
8 Shinwari (“Plaintiffs”) appeal from a February 17, 2016 final judgment of the
9 United States District Court for the Southern District of New York (Abrams, J.),
10 dismissing their complaint against senior federal law enforcement officials and
11 25 named and unnamed federal law enforcement officers. As rel

More...   $0 (06-25-2018 - NY)

Rachel Cullinane v. Uber Technologies, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case concerns the
enforceability of an arbitration clause contained in an online
contract. Plaintiffs-Appellants Rachel Cullinane, Jacqueline
Núñez, Elizabeth Schaul, and Ross McDonagh, (collectively,
"Plaintiffs"), filed this putative class action in Massachusetts
Superior Court on behalf of themselves and other users of a ridesharing
service in the Boston area agains

More...   $0 (07-02-2018 - MA)

Simone Mielnicki v. Wal-Mart Stores, Inc. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Simone Mielnicki sued her former employer, Wal-Mart Stores, Inc. (Walmart),
under the Americans with Disabilities Act (ADA) and the Colorado
Anti-Discrimination Act for discrimination on the basis of disability and under the
Colorado Wage Claim Act for unpaid compensation. She appeals the district court’s
grant of summary judgment in favor of Walmart on her ADA claim. Exercising

More...   $0 (06-20-2018 - CO)

Xlear, Inc. v. Focus Nutrition, LLC District of Utah Federal Courthouse - Salt Lake City, Utah

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling
sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade
2
dress infringement claim under the Lanham Act, a claim under the Utah Truth in
Advertising Act (UTIAA), and a claim under the common law for unfair competition.
The claims all alleged that Focus Nutrition copied the pa

More...   $0 (06-30-2018 - UT)

Mia M. Shields v. The United States Portal Service District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Mia M. Shields appeals the dismissal by the United States District Court
for the District of Colorado of her third amended complaint (the Complaint), which
alleged that her former employer, the United States Postal Service (Defendant), had
violated the Equal Pay Act (EPA), 29 U.S.C. § 206.1 Defendant had moved to dismiss on
the ground that the claim was barred by the EPA

More...   $0 (06-30-2018 - CO)

Martin Vogel v. Harbor Plaza Center, LLC Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In this action brought under the Americans with
Disabilities Act of 1990 (“ADA”), Plaintiff Martin Vogel
timely appeals the district court’s award of $600 in attorney’s
fees following the entry of a default judgment. Defendant
Harbor Plaza Center, LLC, originally filed an answer and
took other actions but, before trial, failed to appear. The
district court eventually struck

More...   $0 (06-29-2018 - CA)

STATE OF OHIO - vs - ANTONIO DELSHAWN BAUGH .

On June 30, 2015, Baugh entered a plea of guilty to Trafficking in Cocaine
(Count 1) and Possession of Cocaine (Count 2), both counts having forfeiture
specifications.
{¶3} With respect to Trafficking and Possession, the signed plea agreement
provided:
I further understand the consequences of entering this plea, including the penalties, which can be from:

Mandat

More...   $0 (06-26-2018 - OH)

Robert M. Kowalski v. Shauna Boliker Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Robert Kowalski is dissatisfied with his
treatment by judges and sheriff’s personnel during his divorce
proceedings. He especially accuses an Illinois judge,
Shauna Boliker, of engaging in extrajudicial efforts designed
to prejudice the state court against him and in favor of her best
2 No. 17‐1952
friend, Kowalski’s wife. While Kowalski’s allegations are troubling,

More...   $0 (06-27-2018 - IL)

Rana Samara v. Haitham Matar

When a trial court judgment rests on more than one ground, it may be
impossible for a losing party to obtain appellate review of all of the court’s
determinations. In a breach of contract action, for example, a trial court might
grant a defense motion for summary judgment because no contract was formed,
and because in any event there was no breach. On direct review, an appellate

More...   $0 (06-26-2018 - CA)

Keanu D. W. Ortiz v. United States United States Supreme Court Building - Washington, D.C.

This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap

More...   $0 (06-25-2018 - DC)

Michael Currier v. Virginia United States Supreme Court Building - Washington, D.C.

JUSTICE GORSUCH announced the judgment of the Court
and delivered the opinion of the Court with respect to
Parts I and II, and an opinion with respect to Part III, in
which THE CHIEF JUSTICE, JUSTICE THOMAS, and JUSTICE
ALITO join.
About to face trial, Michael Currier worried the prosecution
would introduce prejudicial but probative evidence
against him on one count tha

More...   $0 (06-25-2018 - DC)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher