Res Judicata Law
 
In the Matter of J. F. C.

This is an accelerated interlocutory appeal from the juvenile court’s order waiving jurisdiction over a minor, pseudonymously referred to as John Francis Conner, and transferring the case to criminal district court so he can be tried as an
2
adult for capital murder.1 In a single issue, John contends that the evidence is legally and factually insufficient to sustain the juvenile court’s fi... More...
   $0 (12-14-2017 - TX)

North Tulsa Counseling Services, Inc. v. Petrina Holloway MoreLaw Suites 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - North Tulsa Counseling Services, Inc. sued Petrina Holloway on a breach of contract theory.

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: NORTH TULSA COUNSELING SERVICES LLC
Filed Date: 02/24/2017
Party Name Disposition Information
Defendant: HOLLOWAY, PETRINA Disposed: DISMISSED - SETTLED, 12/13/2017. Dismissed- Settled
Issue ... More...
   $0 (12-13-2017 - OK)

Michael Anthony Whitesell v. Bruce O. Burnham Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...
   $0 (12-10-2017 - UT)

Mohammed Nadeem v. State of Nebraska Jury finds Lincoln man guilty of attempted sex assault

Nadeem was convicted in 2010 of attempted first degree sexual assault and attempted third degree sexual assault of H.K., a minor. These offenses were based on an encounter that Nadeem had with a 14-year-old girl in 2009 when he was 22 years old. The evidence presented at Nadeem’s criminal trial is summarized in his original direct appeal,3 but the facts according to Nadeem’s complaint are summariz... More...   $0 (12-09-2017 - NE)

State of Arizona v. Philip Mitchell "Mitch" Brailsford Maricopa County Courthouse - Phoenix, Arizona

Phoenix, AZ - Jury Finds Police Officer Not Guilty of Murder for Shooting and Killing Man Begging for His Life

The State of Arizona charged Philip "Mitch" Brailsford with second-degree murder and reckless manslaughter for shooting and killing Daniel Shaver in January 2016.

Brailsford, a Mesa, Arizona police officer, responded to a report that someone was pointing a rifle out of... More...
   $0 (12-09-2017 - AZ)

STATE OF TENNESSEE v. DALE ALBERT GRECA Tennessee Court of Criminal Appeals

On May 6, 2015, the victim, Stanley Foust, was employed by the City of LaFollette within the Public Works Department and was tasked with mowing the rightof-way along Central and Jacksboro Pike. That day, the victim was working alone, driving a city owned, white Jeep Cherokee, and towing a trailer with a zero turn mower on it.
At some point during his work day, the victim stopped at the West... More...
   $0 (12-08-2017 - TN)

Gavco Plastics, Inc. v. Charles R. Shumate




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Tulsa, OK - Gavco Plastics, Inc. sued Charles R. Shumate on a fraud theory.

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
... More...
   $0 (12-07-2017 - OK)

Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

Diana Nieves Noel v. Thrifty Payless, Inc.

Plaintiff James A. Noel bought an inflatable swimming pool at defendants’
drugstore that turned out to be much smaller than the pool pictured on the box. He sued
defendant Thrifty Payless, Inc. on behalf of himself and similarly situated individuals,
alleging defendants violated the Consumers Legal Remedies Act (Civ. Code, § 1750 et
seq.) (CLRA), Unfair Competition Law (Bus. & Prof... More...
   $0 (12-05-2017 - CA)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

UNITED STATES OF AMERICA, EX REL ANTHONY R. SPAY v. CVS CAREMARK CORPORATION; CAREMARK RX UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Part D of the Medicare program is a voluntary prescription drug benefit program that subsidizes the cost of prescription drugs and prescription drug insurance premiums for Medicare enrollees.2 The Part D program operates as a public-private partnership between the Centers for Medicare and Medicaid Services (“CMS”) and government contractors. CMS contracts with private insurance companies called “S... More...   $0 (12-03-2017 - PA)

United States of America v. James Keith Beirle District of Wyoming Federal Courthouse - Cheyenne, Wyoming

In February 2014, James Keith Beierle was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his first sentencing
hearing, the district court reviewed Beierle’s criminal history from the 1980s, which
included state felony convictions for burglary, robbery, and possession of a weapon
by a prisoner. The court determined that these three c... More...
   $0 (11-30-2017 - WY)

JOSE MENDEZ v. THE UNITED STATES

Plaintiff seeks compensation for work performed as a confidential informant and his suit is founded on allegations of the existence of a contract for the provision of those services. According to plaintiff, the United States agreed to “make a good faith best efforts [sic] to compensate Plaintiff for his services and assistance to the Government.” Am. Compl., ECF No. 57 ¶ 79. Plaintiff contends ... More...   $0 (11-29-2017 - NJ)

United States of America v. Joseph David Robertson Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary o... More...   $0 (11-29-2017 - MT)

Samuel Topchain v. JPMorgan Chase Bank, N.A. Missouri Court of Appeals - Western District Courthouse - Kansas City, Missouri

Samvel Topchian appeals the judgment of the Circuit Court of Jackson County, Missouri,
granting summary judgment to JPMorgan Chase Bank, N.A. (Chase), Martin, Leigh, Laws &
Fritzlen, PC (MLLF), and Select Portfolio Servicing, Inc. (SPS) on Topchian’s claims of breach
of contract (against Chase), violations of the Missouri Merchandizing Practices Act (MMPA)
(against Chase, MLLF, and... More...
   $0 (11-28-2017 - MO)

Chance Marcus Clyce v. Nadine Bulter Northern District of Texas Federal Courthouse - Dallas, Texas

Chance Clyce appeals the district court’s dismissal of his claims as barred by Texas’s statute of limitations. The district court held that when a minor’s parents bring a lawsuit on his behalf as next friends, the statute of limitations for those claims is not tolled during his period of minority if they were aggressively litigated through the prior lawsuit. Because we hold that the district court... More...   $0 (11-25-2017 - TX)

United States of America, ex rel. Anthony R. Spay v. CVS Caremark Corporation Third Circuit Court of Appeals - Philadelphia, Pennsylvania

We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality.1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. A... More...   $0 (11-23-2017 - )

STATE OF NORTH CAROLINA v. SHENANDOAH FREEMAN

The evidence at trial tended to show the following:
Defendant and Amber Gottschalk (“Ms. Gottschalk”) met in February of 2014
when Defendant hired Ms. Gottschalk as a prostitute. From then until May of 2014,
Defendant and Ms. Gottschalk continued in an illicit intimate relationship, with
Defendant acting as both a pimp and protection for Ms. Gottschalk. In exchange,
Def... More...
   $0 (11-21-2017 - NC)

United States of America v. Cristina Portillos Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Defendant-Appellant Cristina Portillos was convicted of conspiracy to file
false claims for a refund, 18 U.S.C. § 286 (Count 1), and aiding and abetting the
filing of false claims for refunds, 18 U.S.C. §§ 2(a), 287 (Counts 17 and 30). She
was sentenced to 21 months on each count, to run concurrently, as well as three
years’ supervised release on each count, also to run concurrentl... More...
   $0 (11-20-2017 - CO)

City of Eudora, Kansas v. Rural Water District No. 4, Douglas County, Kansas District of Kansas Federal Courthouse - Kansas City, Kansas

Defendant Rural Water District No. 4, Douglas County, Kansas (“Douglas-4”)
appeals the district court’s order granting summary judgment in favor of Plaintiff
City of Eudora, Kansas (“Eudora”) in this declaratory judgment action. This is the
third appeal arising out of a dispute between Douglas-4 and Eudora over which entity
can provide water service to certain areas near Eudora, Ka... More...
   $0 (11-20-2017 - KS)

United States of America v. Richard Jenks, Jr. District of Utah Federal Courthouse - Salt Lake City, Utah

A jury convicted Richard Jenks Jr. of multiple counts of sexually abusing his
minor stepdaughter. Jenks now appeals his conviction and sentence. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
After marrying Jenks, a member of the Ute Tribe, Elizabeth Dini sent her
daughter, D.W., to live with her maternal grandparents. At 8 years old, D.W.
* After examining th... More...
   $0 (11-20-2017 - UT)

State of North Dakota V. Anjelo Steve Sheperd IN THE SUPREME COURT STATE OF NORTH DAKOTA

On June 29, 2016, law enforcement arrested Sheperd as a part of a multi-agency sting operation targeted at apprehending individuals paying, or attempting to pay, for sex with minors. Law enforcement posted an advertisement on Backpage.com. The advertisement impliedly sought sexual encounters with men, but did not reference involvement with a minor. Sheperd responded to the advertisement. A text me... More...   $0 (11-19-2017 - ND)

Artur Hefczyc v. Rady Children's Hospital-San Diego

Artur Hefczyc appeals from an order denying his motion for class certification in
his lawsuit against Rady Children's Hospital-San Diego (Rady). On behalf of a proposed
class, Hefczyc seeks declaratory relief to establish that Rady's form contract, signed by
2
patients or guarantors of patients who receive emergency room care, authorizes Rady to
charge only for the reasonable ... More...
   $0 (11-18-2017 - CA)

Manuel L. Peeples, Laura Ann Peeples and Collette Rashune Peeples, deceased, v. Sarah Elizabeth Ellison

Tulsa, OK - Manuel L. Peeples, Laura Ann Peeples and Collette Rashune Peeples, deceased, sued Sarah Elizabeth Ellison on a wrongful death auto negligence theory claiming that Collette Rashune Peeople was struck by a motor vehicle operated by the Defendant in a careless and reckless manner.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: PEEPLES, MANUEL L
Filed Date: 08/04/2... More...
   $0 (11-17-2017 - OK)

Lisa Kay Rumer v. Nationwide Freight Systems, Inc., Ljunio Radovanovic, Start Insurance Company and Meadowbrook Insurance Group, Inc.

Tulsa, OK - Lisa Kay Rumer sued Nationwide Freight Systems, Inc., Ljunio Radovanovic, Start Insurance Company and Meadowbrook Insurance Group, Inc.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: RUMER, LISA KAY
Filed Date: 08/26/2013
Party Name Disposition Information
Defendant: MEADOWBROOK INSURANCE GROUP INC Disposed: DISMISSED WITHOUT PREJUDICE, 01/12/2015.... More...
   $35000 (11-15-2017 - OK)

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