Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming
Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation
order is a final order of the Bankruptcy Court over which we have jurisdiction on
appeal. See 28 U.S.C. § 158(b). The Notice of Appeal and Statement of Election also
references an April 29, 2014 order denying the Debtor's Third Amende

In this case, we are called upon to decide whether a Rule 60(b) motion to provide relief from a final judgment was timely. Concluding it was not, we reverse.
I.
A.
From the mid-1980s through the early-1990s, Luis Sensat headed a drug trafficking enterprise that shipped thousands of kilograms of cocaine from Colombia into the United States. Rolando Fernandez, the defendant, was a member

This appeal arises from a qui tam action brought by Johnny Ray Long against GSD&M Idea City, LLC1 for violations of the False Claims Act (FCA).2
1 Appellee refers to itself as “GSD&M Idea City, LLC,” the same entity name on file with the Delaware Department of State, however the CM/ECF caption in this case refers to the entity as “GSDMIdea City, L.L.C.” For case administration purposes, we use

NRS 176.165 allows a defendant who has pleaded guilty, but
not been sentenced, to petition the district court to withdraw his plea.
When this court first examined NRS 176.165, we held that a court may
grant such motions for any substantial reason that is "fair and just." See
State v. Second Judicial Dist. Court (Bernardelli), 85 Nev. 381, 385, 455
P.2d 923, 926 (1969). Man

As always in reviewing a ruling on a demurrer, we accept as true all properly pleaded facts, as well as facts which are subject to judicial notice, but not deductions or conclusions of law or fact. (See, e.g., Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.) In accord with these principles, the facts in Everett’s case, as settled in the context of his pleading and MRCA’s demurrer, a

Tulsa, OK - Personal injury lawyer represented Plaintiff, who sued on auto negligence theories claiming:

Plaintiff alleges and states as follows:
1. Plaintiff was at all material times a resident of Tulsa County, Ok ahoma.
2. Ms. Cindy Fulton is here individually and also as the mother nd next friend of Briana Fulton, a female minor, who was involved in this accident.
3. Defen

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of impr

The respondent, the Town of Derry (Town), appeals a decision of the Superior Court (Wageling, J.) granting the motion for summary judgment filed by the petitioners, Accurate Transport, Inc. (Accurate Transport) and 41 Ashleigh Drive, LLC (Ashleigh Drive), on the basis that an abutter’s appeal to the Derry Zoning Board of Adjustment (ZBA) was untimely. We reverse.
The following facts are ei

Defendant was charged with witness intimidation (Pen. Code, § 136.1), with a gang allegation under Penal Code section 186.22, subdivision (b)(4). He was also charged with attempted extortion (Pen. Code, § 524), with a gang allegation under Penal Code section 186.22, subdivision (b)(1).
A jury found defendant not guilty of witness intimidation. However, it did find him guilty of attempted ex

TULSA, OK - THE STATE OF OKLAHOMA CHARGED ALAN WADE HUTCHINSON, DALE ESTUS SUTTON III,
CHRISTOPHER LEE BURR, and DANIELLE CHRISTINE HIGGINS WITH:

Count # 1.
Count as Filed: ODO, UNLAWFUL POSSESSION OF CONTROLLED DRUG WITH INTENT TO DISTRIBUTE - METHAMPHETAMINE , in violation of 63 O.S. 2-401 A 1
Date Of Offense: 01/10/2014

Party Name: Disposition Information:

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
7
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl

Moses Olivas, Jr., was convicted of failing to register as a sex offender. Pursuant to Idaho Code section 18-8311(1), the district court sentenced Olivas to a term of imprisonment of five years. The district court also revoked Olivas’s probation on a prior conviction, executed the underlying sentence from that conviction, and retained jurisdiction. The district court ordered the underlying sentenc

In this appeal, the Klamath-Siskiyou Wildlands Center
(“KS Wild”) challenges the district court’s dismissal of its
claim against the U.S. Forest Service for lack of subject
matter jurisdiction. The district court concluded that KS
Wild’s notice of intent to sue under the Endangered Species
Act was deficient. For the reasons that follow, we disagree.
I. Background
Under

Ms. Suzanne Shell sued Mr. Leonard Henderson and Ms. Brenda
Swallow for copyright infringement, unfair trade practices,
misappropriation of trade secrets, and breach of contract. Neither Mr.
Henderson nor Ms. Swallow appeared on the date set for trial. Thus, the
district court declined to proceed with the trial. Instead, the court
conducted a hearing under Fed. R. Civ. P.

We summarized much of the relevant regulatory background for this case in Sierra Club v. U.S. EPA, 774 F.3d 383 (7th Cir. 2014): The Clean Air Act (“CAA”), 42 U.S.C. § 7401 et seq., establishes a comprehensive program for controlling and improving the nation’s air quality through both state and federal regulation. Title I of the CAA charges the Environmental Protection Agency Administrator with id

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees conspired to

This case presents the question whether claims by the FDIC as receiver
(FDIC-R) of Columbian Bank & Trust (Columbian) against three ex-directors of
Columbian are covered under a Directors and Officers Liability Insurance Policy
(the policy). Defendant-Appellants Carl McCaffree, Jimmy D. Helvey, and Sam
McCaffree (director-defendants) and the Federal Deposit Insurance Corporation

Tulsa, OK - The State of Oklahoma charged Brandon Favion Wade with:

Count # 1.
Count as Filed: LA3, UNAUTHORIZED USE OF A VEHICLE , in violation of 47 O.S. 4-102
Date Of Offense: 01/02/2014

Party Name: Disposition Information:

WADE, BRANDON FAVION
(After Prior Convictions)
Disposed: CONVICTION, 05/12/2014. Guilty Plea.
Count as Disposed:UNAUTHO

25 Plaintiff Dawn F. Littlejohn appeals from a judgment of the
26 United States District Court for the Southern District of New York
27 (Sweet, J.) entered on February 28, 2014. Littlejohn alleged that,
28 while employed by the New York City Administration for
3
Children’s Services (“ACS”), 1 she was subjected to a hostile work
2 environment and disparate treatment based on

In this case, we address whether the retroactive application of the Fraud
4 Against Taxpayers Act, NMSA 1978, Sections 44-9-1 to -14 (2007) (“FATA” or “the
5 Act”) violates the Ex Post Facto Clauses of the United States and New Mexico
6 Constitutions. See U.S. Const. art 1, § 10, cl. 1; N.M. Const. art. 2, § 19. We hold
7 that FATA is constitutional. The treble damages under FA

MERSCORP, Inc., now known as MERSCORP Holdings, Inc., is the parent company that owns and operates the system, while Mortgage Electronic Registration Systems, Inc. is the entity that serves as mortgagee of record in local land recording offices. Additional background and explanation of how MERS operates is set forth in the District Court’s opinion. 2 The Recorder did not plead a quiet title claim

In this appeal, a wife asserts that the trial court erred in granting summary judgment to her husband on her post-divorce proceeding to divide an employment-related bonus the husband received nine months after their divorce. Because we conclude that the bonus was not considered, divided, or partitioned in the divorce proceedings and the wife raised a fact issue concerning the characterization of t

In one issue, appellant, Carolyn Northcutt, as personal representative of the estate of James H. Bell, challenges a plea to the jurisdiction granted in favor of appellee, the City of Hearne. Because we conclude that the record does not contain sufficient jurisdictional facts to support a waiver of governmental immunity under section 101.021 of the Texas Civil Practice and Remedies Code, we affirm.