Cases

OPINION ALARID, Judge. {1} Defendant-Petitioner Public Employees Retirement Board (the PERB) appeals from an order of the district court directing the PERB to calculate the pension benefits due Plaintiff-Respondent Donna Garcia-Montoya (Employee) under general member coverage plan 3 of the Public Employee’s Retirement Act (the PERA), NMSA 1978, ch. 10, art. 11. We affir

22-367 Garcia v. Heath In the United States Court of Appeals FOR THE SECOND CIRCUIT AUGUST TERM 2022 No. 22-367 FELIX GARCIA, DIN# 04-A-2384, SING SING CORRECTIONAL FACILITY, 354 HUNTER STREET, OSSINING, NY 10562, Plaintiff-Appellant, WAYNE NORRIS, KEVIN WILLIAMS, JAMES JAMESON, ROLANDO CORONADO, ELEGGUA OSUN ELUFE, ELMER

103 F.3d 112 Gary Stanley Groverv.Brian M. McCauley, Maryann Bielamowicz, Cynthia Carter,Mercer County Prosecutor's Office, for County of Mercer,Paulette Sapp-Peterson, Thomas DeMartin, John Doe,(Identified as S.C.J. Garcia), Borough of Princeton, TomMacHade, Ralph Terracciano, Gary Mitchell, John Reading NO. 96-5152 United States Court of Appeals,Third Circuit.

(2008) ELEKTRA ENTERTAINMENT GROUP, INC., a Delaware corporation; UMG Recordings, Inc., a Delaware corporation; Virgin Records America, Inc., a California corporation; and Sony BMG Music Entertainment, a Delaware general partnership, Plaintiffs, v. Denise BARKER, Defendant. No. 05-CV-7340 (KMK). United States District Court, S.D. New York. March 31, 2008. <

Fahey, J. (concurring). I agree with my colleagues in the majority that the common law of this state does not recognize a right of public performance for the creators of sound recordings fixed prior to February 15, 1972 (see majority op at 605), and that the question whether to recognize such a right is best left to the legislature (see id. at 606). Consequently, I also generally agree with my colleag

787 A.2d 887 (2002) 170 N.J. 269 STATE of New Jersey, Plaintiff-Respondent, v. Al-Muhhye ALLAH, a/k/a Andrew Simmons, Defendant-Appellant. Supreme Court of New Jersey. Argued October 9, 2001. Decided January 17, 2002. *889 Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellant (

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 12a0188p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X - KENNETH E. HAGGARD; MARYANN Plaint

694 F.Supp.2d 137 (2010) Alyton WRIGHT, Plaintiff, v. Maryann GENOVESE, et al., Defendants. No. 9:07-CV-0473 (LEK/ATB). United States District Court, N.D. New York. March 9, 2010. *142 Alyton Wright, pro se. *143 C. Harris Dague, AAG, for Defendants Genovese, Capone, and Wright.

SYKES, Circuit Judge. Lovoyne Drain appeals his above-guidelines sentence for possession of a firearm by a felon, 18 U.S.C. § 922(g)(1). He argues that the district judge ran afoul of U.S.S.G. § 4A1.3(a)(3) and the Due Process Clause by considering his record of unadjudicated arrests, many for offenses involving drugs or violence. But § 4A1.3(a)(3), like every provision of the s

OPINION AND ORDER GRANTING IN PART DEFENDANTS’ MOTION TO STAY ACTION FOR NINETY DAYS (Docs. 839, 352, 353) Christina Reiss, Chief Judge, United States District Court Defendants Sergey Pugach, Chad C. McGinnis, and Janusz Suchowiejko (collectively, “Defendants”) request a stay of this action based upon what they characterize as an imminent criminal indictment of Defendant Pugach. (Docs.

74 Cal.Rptr.3d 776 (2008) 161 Cal.App.4th 1055 Holly MILLER et al., Plaintiffs and Appellants, v. AMERICAN GREETINGS CORPORATION et al., Defendants and Respondents. Nos. B187173, B191349. Court of Appeal of California, Second District, Division Eight. April 7, 2008. *778 Law Offices of Maryann P. Gallagher

169 Cal.App.4th 1094 (2009) C.R., Plaintiff and Appellant, v. TENET HEALTHCARE CORPORATION, Defendant and Respondent. No. B201220. Court of Appeals of California, Second District, Division Five. January 5, 2009. [CERTIFIED FOR PARTIAL PUBLICATION[*]] *1097 Law Offices of Maryann P. Gallagher and Maryan

COFFIN, Senior Circuit Judge. Appellant Jerry Rutherford was fired from his job with the City of Albuquerque because of a positive drug test. His challenge to the testing on due process and Fourth Amendment grounds was rejected by the district court, which granted summary judgment for the City on both claims. We affirm the court’s ruling on the due process claim, but conclude th

251 P.3d 1024 (2011) Thomas OLSON, Appellant, v. CITY OF HOOPER BAY, Officer Dimitri Oaks, Officer Charles Simon, and Officer Nathan Joseph, Appellees. No. S-13455. Supreme Court of Alaska. April 15, 2011. *1027 Michele L. Power, Power & Brown, LLC, Bethel, for Appellant. William H. Ingaldson and Maryanne Boreen, Ingal

* Review granted February 21, 2007. On September 12, 2007, review dismissed and cause remanded to Court of Appeal, Third Appellate District. Opinion directed to be published by the Supreme Court on October 24, 2007. [EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.]

GANTS, C.J. **831*302The petitioners in this case raise numerous concerns regarding summary process proceedings in the Worcester Division of the Housing Court Department, now part of the Central Division (Housing Court).4 See

*** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Electronically Filed Supreme Court SCWC-30205 14-FEB-2014 01:22 PM IN THE SUPREME COURT OF THE S

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00035-CR ___________________________ JACQUELYN GAIL WRIGHT, Appellant V. THE STATE OF TEXAS On Appeal from Criminal District Court No. 3 Tarrant County, Texas Trial Court No. 1573089R Before Kerr, Bassel, and Womack, JJ. Memorandum Opinion by Justice Kerr

928 S.W.2d 654 (1996) John VERBURGT, Individually and as next Friend of, Thomas Verburgt, Timothy Verburgt, and Joseph Verburgt, Appellant, v. Patricia M. DORNER and Methodist Mission Home, Appellees. No. 04-95-00908-CV. Court of Appeals of Texas, San Antonio. July 31, 1996. Rehearing Overruled September 10, 1996. *655<

321 Ga. 460 FINAL COPY S25A0336. NELSON v. THE STATE. COLVIN, Justice. Appellant Quillian Donta Nelson, who has been charged with murder and related offenses in connection with the June 3, 2020 shooting death of Darwin Davis, appeals the denial of his motion to dismiss his indictment based on a violation of his constitutional right to a speedy trial. As explained below, we conclude that the trial court’s ruling was based on several clearly erroneous findings of