Res Judicata Law
 
STATE OF OHIO v. NATHAN TILLEY

In May 2014, the Jackson County Grand Jury returned an indictment charging
Tilley with one count of illegal possession or assembly of chemicals for the manufacture of
drugs in violation of R.C. 2925.041(A), a felony of the third degree. Tilley, who was represented
by retained counsel, entered a plea of not guilty to the charge and filed a motion to suppress
... More...
   $0 (07-25-2018 - OH)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

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)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

Barbara Sopkin v. Jill C. Mendelson Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

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)

State of Ohio v. Dana L. Wenner

On May 19, 2017, an indictment was issued against appellant for grand theft
in violation of R.C. 2913.02(A)(3), a felony of the fourth degree.
{¶ 3} The charge stemmed from appellant repeatedly lying to the victim, Bryan
Hoang, to obtain over $90,000. Specifically, appellant lied about her medical condition
and about needing money to pay her medical expenses, when in reality... More...
   $0 (07-20-2018 - OH)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

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)

STATE OF OHIO -vs- DOUGLAS EDWARD HADDIX

In 1995 Appellant was convicted of two counts of rape in violation of R.C. 2907.02, one count of felonious sexual penetration in violation of R.C. 2907.12, and one count of gross sexual imposition in violation of R.C. 2907.05. The jury acquitted appellant on one additional count of rape and the trial court dismissed a count of child endangering, a violation of R.C. 2919.22. Appellant appeale... More...   $0 (07-18-2018 - OH)

STATE OF OHIO v. VERNON C. LEUGERS, JR.,

On August 11, 2004, Leugers entered into a negotiated plea agreement in which he pled guilty to three counts of gross sexual imposition, one count of disseminating matter harmful to a juvenile and one count of attempted pandering of sexually oriented matter involving a minor. Doc. 69. In exchange, the prosecution dismissed all other pending charges. Id. In the paperwork for the plea agree... More...   $0 (07-18-2018 - OH)

L.G. v. M.B.

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)

IN RE: ESTATE OF JERRY WEST, Deceased, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Western District of Kentucky Federal Courthouse - Louisville, Kentucky

The Department of Veterans Affairs and the Estate of
Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his
death should be paid to the Estate. The district court remanded that dispute to Kentucky probate
court, but the government contends the dispute can be litigated only pursuant to the procedure set
forth in the Veterans’ Judicial Review ... More...
   $0 (07-16-2018 - KY)

UNITED STATES OF AMERICA -v-ALVAUN THOMPSON, AKA LP, AKA Legit Pimp, AKA AT

Because Thompson appeals from a judgment of conviction entered after a jury  trial, we “draw the facts from the evidence presented at trial, viewed in the light most  favorable to the government.” United States v. Allen, 864 F.3d 63, 69 n.8 (2d Cir. 2017)  (internal quotation marks omitted).  Thompson began his relationship with the two minor female victims of concern  here—identified as M1 and M2... More...   $0 (07-15-2018 - )

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)

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)

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)

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