On October 26, 2006, a Cuyahoga County Grand Jury indicted Gilbert for two counts of aggravated murder and two counts of aggravated robbery, each with one- and three-year firearm specifications. As we previously explained in our decision considering Gilbert’s direct appeal, State v. Gilbert, 8th Dist. Cuyahoga No. 90615, 2009-Ohio-463, [t]he case proceeded to a jury trial, and Gilbert was f... More...   $0 (09-21-2018 - OH)

A statement of the facts underlying appellant's criminal convictions is not necessary to our resolution of this appeal. Appellant's criminal convictions arise from sex offenses committed on June 29, 2007 against victims aged 10 and 12. The following procedural history is taken in part from our decision in State v. Teagarden, 5th Dist. Licking No. 14-CA-56, 2015-Ohio-2563 [Teagarden III] and S... More...   $0 (09-21-2018 - OH)

Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938 in response to a national concern that the price of American development was the exploitation of an entire class of low-income workers. President Roosevelt, who pushed for fair labor legislation, famously declared: “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide eno... More...   $0 (09-19-2018 - AZ)

Plaintiffs each filed Federal Employers’ Liability Act (FELA) negligence claims
against BNSF in Montana’s Thirteenth Judicial District Court, Yellowstone County.
BNSF is a rail carrier incorporated in Delaware with its principal place of business in
Texas. BNSF does business in Montana: it has 2,061 miles of railroad track in Montana;
employs approximately 2,100 workers in M... More...   $0 (09-18-2018 - MT)

The subject matter of this lawsuit is a Martin D-35 guitar that Elvis Presley
played during his final tour in 1977. He dropped the guitar during a show in St.
Petersburg, Florida, and gave the damaged guitar to an audience member. Robert
Johnson, a blues guitarist and memorabilia broker, purchased the guitar in 2007. He
delivered the Martin D-35 guitar to the National Music Museum:... More...   $0 (09-18-2018 - SD)

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...   $0 (09-18-2018 - ND)

Two Cleveland police officers initiated a traffic stop on a vehicle matching the description of one involved in armed robberies. When the vehicle stopped, Brown jumped out of the passenger side in a shooting stance with a handgun aimed in the direction of the officers’ patrol car. The officers both took cover, expecting shots to be fired. One of the officers immediately heard and saw Brown ... More...   $0 (09-16-2018 - OH)

In the early morning of December 15, 2011, Mr. Spaulding shot and paralyzed
Patrick Griffin while he was leaving a house on Grant Street. Merely hours later, Mr. Spaulding
shot and killed both Erica Singleton and Ernie Thomas outside of the same house. Mr.
Spaulding was arrested the following day. After a jury trial, Mr. Spaulding was convicted of two
counts of aggravated mu... More...   $0 (09-12-2018 - OH)

On June 2, 2015, Sanctuary filed a complaint against Castro in the Garfield
Heights Municipal Court seeking a personal judgment for $8,577.45 for the post-petition
Sanctuary Assessments and legal fees. Sanctuary claimed that there were no proceeds
available for distribution from the foreclosure sale of the Castro Unit to satisfy the
judgment.
{¶3} On October 21, 2015... More...   $0 (09-12-2018 - OH)

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...   $0 (09-11-2018 - IL)

Smith was charged with possession of cocaine, possession of marijuana, and battery against a law enforcement officer for acts he committed in 1992. Smith pleaded guilty to the offenses and was sentenced in August 1993.

At sentencing, the district court noted that if Smith were sentenced under the Kansas Sentencing Guidelines Act (KSGA), which took effect on July 1, 1993, Smith would h... More...   $0 (09-10-2018 - KS)

On September 28, 2014, Brown was a guest of the Holiday Inn Express & Suites Columbus East, which P & S owns and operates. Brown took a shower and, afterwards, grabbed a towel off the rack to dry herself. While Brown was drying her face, she discovered that feces covered the towel she was using. As a result of this incident, Brown allegedly suffered physical injury and emotional distress.
... More...   $0 (09-08-2018 - OH)

Fronalee Soto, as administrator of the estate of Antonio Jimenez, appeals the
dismissal of her 42 U.S.C. § 1983 complaint against the Board of County
Commissioners of Caddo County, Oklahoma; Caddo County Sheriff Lennis Miller in
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without... More...   $0 (09-05-2018 - OK)

{¶ 3} The term “post-release control” was not specifically used in any of the sentencing entries, however, each of the entries stated that Bigelow was “given notice under R.C. 2929.19(B)(3),” which, at the time, required the trial court to “notify” the offender that a term of post-release control either would or may be imposed (depending on the nature and degree of the offense of which the o... More...   $0 (09-04-2018 - OH)

The Hayes family receives enhanced voucher rental
assistance from the federal government, and a federal statute
provides that enhanced voucher holders “may elect to remain”
in their housing developments, even after their landlord has
opted out of the federal housing assistance program. 42 U.S.C.
§ 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee
Philip Harvey, cont... More...   $0 (09-04-2018 - PA)

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

In December 2002, law enforce-ment seized $100,120 in United States currency from a passen-ger on an Amtrak train. The federal government initiated a civil forfeiture proceeding against the currency. The passen-ger and the owner of the funds, neither of whom were ever charged with committing any crime related to the funds, joined the suit as claimants. After fourteen years and two ap-peals, the ca... More...   $0 (08-22-2018 - IL)

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv... More...   $0 (08-20-2018 - KS)

This Endangered Species Act (“ESA”) case concerns the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling (“arctic grayling”), a cold-water fish in the Salmonidae family. Before us is a challenge to the Fish and Wildlife Service (“FWS”)’s decision not to list the arctic grayling as an endangered or threatened species under the ESA. Plaintiffs-Appellants Center for Biological... More...   $0 (08-19-2018 - MT)

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio... More...   $0 (08-18-2018 - KS)

In 2011, Terrell pled guilty to possession of cocaine and marijuana, a drug tax stamp violation, and two offender registration violations. The district court imposed a 120-month underlying prison sentence, although the court granted a dispositional departure to probation. Terrell filed no appeal.

In 2013, Terrell admitted to violating the terms of his probation. The district court revo... More...   $0 (08-18-2018 - 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 - )

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...   $0 (08-17-2018 - IN)