Res Judicata Law
 
Martha Kinard v. Dish Network Corporation Northern District of Texas Federal Courthouse - Dallas, Texas

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
DISH Network Corp. is a satellite television provider with production facilities... More...
   $0 (05-18-2018 - TX)

Jorge Fierro v. Landry's Restaurant

Plaintiff Jorge Fierro filed the underlying action against defendant Landry's
Restaurant Inc.,1 seeking remedies for what Fierro alleges to be Landry's' violations of
specified California labor laws and wage orders. Fierro asserts claims on behalf of
himself and on behalf of a class of individuals that he alleges is similarly situated.
Landry's demurred to the complaint on the basi... More...
   $0 (05-15-2018 - CA)

Kathryn G. Collier and Benjamin M. Seitz v. SP Plus Corporation Northern District of Illinois Courthouse - Chicago, Illinois

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441; the defendant justifies removal but says the case then required dismissal for lack of standing. The district ... More...   $0 (05-14-2018 - )

Nikolaus Johnson v. State of Tennessee

The procedural history of this case is protracted and complex. A Sullivan County Criminal Court jury convicted the petitioner of one count of the first degree premeditated murder of Bristol Police Department Officer Mark Vance, who had been dispatched to the home of the petitioner’s girlfriend to answer a call that the petitioner was “at the house threatening her with a gun,” and sentenced him to... More...   $0 (05-14-2018 - TN)

State of Ohio v. Michael Ray Madrid

The facts of this case are straightforward. On November 29, 2006, appellant
entered a plea pursuant to North Carolina v. Alford in case No. CR0200601180 to one
count of aggravated robbery in violation of R.C. 2911.01(A)(1) and one count of
involuntary manslaughter in violation of R.C. 2903.04(A) and (C), felonies of the first
degree. The trial court accepted appellant’s plea,... More...
   $0 (05-14-2018 - OH)

STATE OF KANSAS v. LESLIE D. PRUITT

On the evening of March 6, 2015, David Simonton drove a semitrailer truck to a local Sam's Club to make a delivery. His cousin, Craig Wolfe, accompanied him on the delivery. Upon detaching the trailer, the two men planned "[t]o find a club [and] get some weed" that evening. Simonton drove the cab to a nearby Walmart and purchased a small quantity of marijuana from some individuals. Simonton then e... More...   $0 (05-12-2018 - KS)

State of Oklahoma v. Michael John Bever Downtown Tulsa Tag Agency, LLC 1414 South Denver 918-582-8247

Tulsa, OK - The State of Oklahoma charged Michael John Bever with:


Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/22/2015
Party Name Disposition Information
BEVER, ROBERT DAVIS Disposed: CONVICTION, 09/07/2016. Guilty Plea
Count as Disposed: MURDER - FIRST DEGREE(HM11)
Violation of 21 O.S. 701.7
... More...
   $0 (05-10-2018 - OK)

Derrick Black v. Ferrellgas, Inc. and Jimmy Childs Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

¶1 Plaintiff Derrick Black appeals the trial court's March 22, 2016, Journal Entry of Judgment, entered on a jury verdict, in Plaintiff's vehicle negligence case. Based on our review of the facts and applicable law, we affirm the judgment.

BACKGROUND

¶2 Plaintiff was severely injured on March 6, 2009, in a single-vehicle, non-contact accident, when he struck a curb while riding h... More...
   $0 (05-09-2018 - OK)

Gary Lee Beason v. State of Indiana

We summarized the facts of this case in Beason’s direct appeal:
The facts most favorable to the judgment are that on April 18, 1995, Karen Beason took four of her five children to a police substation in Anderson, Indiana. Karen was disoriented and confused and was admitted to the stress unit at Community Hospital. The Madison County Division of Family and Children took custody of the childr... More...
   $0 (05-07-2018 - IN)

STATE OF OHIO -vs- RICHARD KING

On November 10, 2004, the Muskingum County Grand Jury indicted King
on sixty-two counts of pandering obscenity involving a minor in violation of R.C.
2907.321(A)(1) and (5). The charges were felonies of the second and fourth degrees. A
jury trial commenced on January 25, 2005. The jury found King guilty of all of the charges
except one, which was dismissed. As memorialized in ... More...
   $0 (05-06-2018 - OH)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

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... More...
   $0 (04-30-2018 - CA)

LEE ANDREW MITCHELL-PENNINGTON v. STATE OF KANSAS

A jury found Mitchell-Pennington guilty of three counts of aggravated robbery and one count of aggravated burglary. He appealed and our court affirmed the convictions in State v. Mitchell-Pennington, No. 103,094, 2011 WL 4031485, (Kan. App. 2011) (unpublished decision). As found by our court:

"In the early morning hours of October 5, 2008, Jeremy Mireles, Emilio Alva, and Joshua Little ... More...
   $0 (04-29-2018 - KS)

STATE OF KANSAS v. ANGEL RODRIGUEZ COURT OF APPEALS OF THE STATE OF KANSAS

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar... More...   $0 (04-28-2018 - KS)

JOHN PAUL HOLLAND v. STATE OF KANSAS

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... More...
   $0 (04-28-2018 - KS)

STATE OF KANSAS v. MARCUS G. BUTLER

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori... More...   $0 (04-28-2018 - KS)

United States of America v. Charles B. "Chuck" Rizzo Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Trash Titan Charles B. "Chuck" Rizzo Sentenced to 66 Months in Prison for Bribery and Fraud

The former CEO of garbage hauler Rizzo Environmental Services (RES), Charles B. “Chuck” Rizzo, 46, of Bloomfield Hills, was sentenced to 66 months in prison and ordered to pay $4 million in forfeiture based on his convictions for conspiring to commit bribery and wire fraud, in connect... More...
   $0 (04-26-2018 - MI)

United States of America v. Jeremy Brown Sixth Circuit Court of Appeals for the Sixth Circuit

Jeremy Brown challenges the sufficiency
of the evidence to support a jury’s verdict that he was guilty of being a felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g). Defendant was arrested and later indicted after he
was involved in a domestic dispute where a gun was discharged and left at the scene. At trial,
defendant’s theory of the case was that the gun in que... More...
   $0 (04-26-2018 - TN)

Tramayne Colfred Williams vs. State of Minnesota

Williams challenges the sentences he received in two criminal cases, one in Otter
Tail County and one in Hennepin County. In Otter Tail County, Williams was charged
with first-degree aggravated robbery, Minn. Stat. § 609.245, subd. (2016). He agreed to
plead guilty to that charge on the condition that, assuming his criminal-history score was
five, he would be sentenced to 84 ... More...
   $0 (04-25-2018 - MN)

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

Plaintiff originally filed suit against Defendants on January 31, 2011. However, the trial court dismissed Plaintiff's original petition without prejudice and, in January 2012, Plaintiff re-filed its petition. As stated above, Plaintiff asserted theories of breach of contract and negligence against Trinity. However, in March 2012, Trinity filed a motion to dismiss in which it argued, among other t... More...   $0 (04-21-2018 - OK)

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... More...
   $0 (04-18-2018 - KS)

MICHAEL MATTOX v. STATE OF KANSAS

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... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

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