Cases

MARTIN, Circuit Judge, joined by JILL PRYOR, Circuit Judge, dissenting from the denial of rehearing en banc: The United States Sentencing Guidelines generally call for longer prison sentences for defendants who have a history of criminal convictions. Calvin Matchett’s sentence was based, in part, on a guideline provision that calls for a harsher punishment for people whose earlier crime “involves conduct tha

444 F.Supp.2d 250 (2006) PHILLIPS-VAN HEUSEN CORP., Calvin Klein, Inc., and Calvin Klein Trademark Trust, Plaintiffs, v. CALVIN CLOTHING COMPANY, INC., and Star Ride Kids, Inc., Defendants. No. 05 Civ. 6802(JSR). United States District Court, S.D. New York. August 11, 2006. *251 *252 Edward El

FAGG, Circuit Judge. In this breach of contract and securities fraud lawsuit, municipal bondholder Franklin High Yield Tax-Free Income Fund appeals the district court’s judgment on the pleadings in favor of several counties and their commissioners. We reverse and remand for further proceedings. We review de novo the district court’s decision to grant jud

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1167 TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; MARY TOWNLEY, Plaintiffs − Appellees, JOANNE HARRIS; JESSICA DUFF; CHRISTY BERGHOFF; VICTORIA KIDD, on behalf of themselves and all others similarly situated, Intervenors, v. GEORGE E. SCHAEFER, III

Zel M. Fischer, Judge, dissenting I concur in the dissenting opinion of the Honorable Mary Russell. I write separately to explain regretfully that today the Supreme Court of Missouri has issued conflicting opinions and my view of how this could have and should have been avoided. This Court granted transfer of State of Missouri ex rel. Bob T. Beisly II, v. The Honorable Timothy Perigo </

STROUD, Judge. *633 Defendant appeals his conviction for felony death by vehicle. The trial court erred by admitting lay opinion testimony identifying defendant as the driver of the vehicle at the time of an accident in which an occupant of the car was killed where the expert accident recons

HANS J. LILJEBERG, Judge. | ^Appellees, Exxon Mobil Corporation, Exxon Mobil Oil Corporation and Humble Incorporated, filed a motion to dismiss the appeal filed by appellants, Karen Alexie Rodrigue, Hermina McCall and Edna Raymond. For the following reasons, we grant appellees’ motion to dismiss the appeal and remand this matter back to the trial court to enter a written judgment on appellants’ motions to dismiss with prej

OPINION Appellant was convicted by a jury of the offense of murder. V.T.C.A. Penal Code, § 19.02. The jury assessed punishment at 99 years. At the outset, we confront unassigned fundamental error in the jury charge on guilt or innocence. We reverse and remand. The court instructed the jury in pertinent part as follows: If you find from the evidence beyond a reasonable doubt that on or about the 8th d

49 Cal.3d 138 (1989) 776 P.2d 267 260 Cal. Rptr. 565 UNION PACIFIC RAILROAD COMPANY, Plaintiff and Respondent, v. STATE BOARD OF EQUALIZATION, Defendant and Appellant. Docket No. S001602. Supreme Court of California. July 31, 1989. *142 COUNSEL Jay R. Martin, Peter W. Davis,

896 P.2d 222 (1995) Uwe KALENKA and Ralf Kalenka, Appellants, v. William F. TAYLOR, III, d/b/a Colony Builders, William F. Taylor, III, individually, Tami D. Taylor, Dorcas Marie Teall, James C. Sanders, Nancy L. Sanders, Scott J. Shreve, Barbara E.F. Shreve, Bert N. Moma, Sheila D. Moma, and Shelby Johansen, Appellees. No. S-5678. Supreme Court of Alaska. May 26, 1995.

07/24/2018 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 24, 2018 Session STATE OF TENNESSEE v. ALINA FRANKIE SHERLIN Appeal from the Criminal Court for Bradley County No. 13-CR-487 Andrew M. Freiberg, Judge ___________________________________

Justice Boyd delivered the opinion of the Court. Texas law encourages parties to resolve disputes through arbitration, 1 but it will not force them to arbitrate unless they have agreed to that alternative. 2 If they have, or if they are equ

RICHARD B. TEITELMAN, Judge. Daniel Nickell appeals a judgment dismissing Counts I through III of his second amended petition against Michael F. Shan-ahan Sr., Michael F. Shanahan Jr., David Mattern, Thomas J. Guilfoil, Kenneth E. Lewi, Crosbie E. Saint, Earl W. Wims, Gary C. Gerhardt, Gerald A. Potthoff, Steven L. Landmann and Mark S. Newman (“Respondents”).

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 27, 2016. The order, inter alia, granted in part the motion of plaintiff and third-party defendants M&T Bank Corporation, Alfred F. Luhr, III, and Mark Martin for a protective order. It is hereby ordered that the order so appealed from is unanimously m

HANS J. LILJEBERG,-Judge. 17PIaintiffs-Appellants, Betty Arcement, Virginia DiMarco, Mary Bradley Doris, Porter Edwards, Jr., Joan Haas Folse, Wynesta Gaston, Shirley Jackson, Hayes J. Lepine, Carla Simmons, Kieron Walker and Carol Walters, appeal the trial court’s judgments which- denied their voluntary motions to dismiss their wrongful death causes of action with prejudice, and instead granted a motion for summary judgment a

642 F.Supp.2d 242 (2009) WELLS FARGO BANK, N.A., Plaintiff, v. Timothy L. SHARMA, M.D., Defendant. No. 09 CV 854 (JSR). United States District Court, S.D. New York. July 28, 2009. *244 Andrew W. Stern, Martin Brandon Jackson, Sidley Austin LLP, New York, NY, for Plaintiff. Nelson S. Ebaugh, Nelson S. Ebaugh, P.C., Houston,

NUMBER 13-20-00563-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE NETTIE BIVENS, ET AL. On Petition for Writ of Injunction. MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion

HANS J. LILJEBERG, Judge. 17PIainfiffs-Appeflants, Geneee Baker and Joyce J. Johnson,1 appeal the trial court’s judgments which denied their voluntary motions to. dismiss with prejudice, and instead granted motions for. summary judgment and dismissed their claims with prejudice against defendants-appellees, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Humble Incorporated, Cono-coPhillips C

634 P.2d 461 (1981) The STATE BOARD OF EQUALIZATION and Nevada Tax Commission, administrative agencies of the State of Nevada; Jack J. Hunter, Jr., Chairman, William E. Mooney, Robbins E. Cahill, Frances F. Martin, W. Howard Winn, Ira H. Kent, Sebastian S. Mikulich, Jerome D. Mack and Ruby Dalton, as members of said Board and Commission, Appellants, v. SIERRA PACIFIC POWER COMPANY, a Nevada Corporation, Respondent. No. 12033

637 F.Supp.2d 166 (2009) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Steven BYERS et al., Defendants, and Elka Shereshevsky, Relief Defendant. No. 08 Civ. 7104(DC). United States District Court, S.D. New York. July 23, 2009. *167 Alistaire Bambach, Esq., Neal Jacobson, Esq., Alexander M. Vasilescu, Esq., Steven G. Rawli