Cases

54 F.3d 786NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfred SWARTZ, Plaintiff-Appellant,v.Ron ANGELONE; Karl L. Sannicks; Robin Bates; PatriciaMcGaffin, Defendants-Appellees. No. 94-16740.

The state appeals a final order of the Court of Common Pleas of Lucas County granting defendant-appellee's pretrial motion inlimine. The motion sought to preclude the state from making any reference during trial to Section 32-2-1 of the Toledo Municipal Code. The motion in limine was predicated upon the alleged unconstitutionality of the ordinance. On September 22, 1979, Jill Powers, Cindy Clark and John Flores were in a Chevrolet automobile traveling south o

*1326OPINION AND ORDER PAPAK, United States Magistrate Judge. Named plaintiffs Eileen Burk, David Youngbluth, Charles Ehrman Bates, and Lorraine Bates filed this putative class action against their insurer Bankers Life and Casualty Company (“Bankers”), Bankers’ intermediate and ultimate parent companies CDOC, Inc. (“CDOC”), and CNO Financial Group

648 F.2d 608 UNITED STATES of America, Plaintiff-Appellee,v.Bates Baird WITT, Defendant-Appellant. No. 80-1489. United States Court of Appeals,Ninth Circuit. Submitted May 6, 1981.Decided June 2, 1981. William Choquette, Anchorage, Alaska, for defendant-appellant. James L. Swart

Per Curiam. This is a creditor’s bill brought by the plaintiff against the defendant to subject lots 1 and 2, in block 32, in Wymore, to the payment of the plaintiff’s judgment. The court below found the issues in favor of the defendant and dismissed the action. The record shows that in June or July, 1881, Wm. BE. McClelland and the defendant, his wife, removed to Wymore; that the defendant then had about $1

OPINION Black, Judge: The Commissioner determined deficiencies in petitioners’ income tax for the year 1957 as follows: [[Image here]] The issues in each case are identical because they relate solely to adjustments to the income of a partnership in which Samuel and William are the only partner

HAFTOH, J. There is no question, but that the instruction given by the court for the plaintiff was correct, so far as it determined the relative value of the Mackay claims and the title of the inhabitants of St. Louis to the St. Louis common. Whether Page, the plaintiff, or Morton from whom he purchased, has the legal title from the city, is the only matter controverted. Morton has a deed regular on its race fro

*556CASE SUMMARY Buchanan, J. This is an appeal by Defendant-Appellant City of Indianapolis (City) from a trial court judgment of $7500 plus costs in favor of Plaintiff-Appellee Daniel J. Bates (Bates) upon his complaint for personal injury and personal property damage sustained in an automobile collision caused by a defective automatic control signal ex

186 Kan. 548 (1960) 352 P.2d 16 CHARLES T. BATES, JR., Appellee, v. L.R. ALLISTON, Appellant. No. 41,524 Supreme Court of Kansas. Opinion filed May 14, 1960. Kirke C. Veeder, of Independence, argued the cause, and Rex A. Lafferty and Steven W. Rogers, both of Fredonia, were with him on the briefs for the appellant.

Delehanty, S. All objections of Mary H. Alexander having been withdrawn, there remain for disposition only the objections of Helen M. Bates. Her fourteenth objection is sustained. The proceedings in this court have consistently referred to objectant as Helen M. Bates, the name by which she was addressed by deceased. There is no warrant for the apparently gratuitous effort to apply some other designation to her. Her objections wh

Mathers, J. This is on a motion for a new trial. There are numerous grounds urged, none of whieli, in the judgment of this court, are, well taken and only two of which are important enough to call for comment. One ground is the alleged misconduct of the prosecutor in calling the alleged first wife of the defendant as a witness and his subsequent reference to the ruling of the court upon the defendant’s objection as to her co

706 F.Supp.2d 141 (2010) Adele O. CONNELL, Plaintiff, v. Annesley W. COPELAND, M.D., and United States of America, Defendants. Civil Action No. 09-1159 (JDB). United States District Court, District of Columbia. April 20, 2010. *142 Dean Elliot Swartz, Swartz & Reed, LLP, Washington, DC, for Plaintiff. Kathryn Ann Donne

JEFFREY W. BATES, J. Jerry Tharp (Defendant) appeals from his conviction, for violating § 566.150.1 On appeal, Defendant contends the trial court committed plain error by proceeding to trial without first ruling, sua sponte,. on Defendant’s Rule 32.03 motion for change of venue. Because Defendant impliedly waived his right to a change of venue by his conduct, w

Brown v University of Rochester (2024 NY Slip Op 01134) Brown v University of Rochester 2024 NY Slip Op 01134 Decided on February 29, 2024 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Jud

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EDMOND MEYOU, Plaintiff, v. Civil Action No. 21-2806 (JDB) U.S. DEPARTMENT OF STATE, et al., Defendants. MEMORANDUM OPINION Plaintiff Edmond Meyou brings this lawsuit under the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et

DISCUSSION Defendant seeks dismissal of the Complaint with prejudice on the following grounds: (1) the Court lacks personal jurisdiction over the claims asserted by Plaintiff Iliana Sanchez; (2) Plaintiffs' consumer protection claims fail because Plaintiffs have not alleged an actionable misrepresentation; (3) Plaintiffs' common law claims fail as a matter of law; and (4) Plaintiffs lack standing to seek prospective injunctive reli

JOHN D. BATES, United States District Judge All that is old in this case has been made new again. Manouchehr Jafarzadeh, an Iranian national seeking to become a lawful permanent resident ("LPR") of the United States, alleges that his application was placed in a government program that delays and denies immigration petitions on overly broad national security grounds. The government filed a motion to dismiss the first complaint in thi

RYAN N. EVANS, ) ) Movant-Appellant, ) ) v. ) No. SD35635 ) Filed: May 24, 2019 STATE OF MISSOURI, ) ) Respondent-Respondent. ) APPEAL FROM THE CIRCUIT COURT

JEFFREY W. BATES, P.J. After a jury trial, Howard Gott (Defendant) was convicted of second-degree assault and armed criminal action. Athough Defendant presents ten points on appeal, the- alleged errors' fall into two- groups: challenges to the admission of 'various statements pursuant to the excited-utterance exception to the hearsay rule (Points 1 through 4); and challenges to the admission of evidence relating to Defendant

JEFFREY W. BATES, J. Chad Fullerton (Chad) appeals from a judgment upholding the validity of his farm lease, but awarding him no damages because he had not proven his entitlement thereto “by clear and convincing evidence.” 1 On appeal, Chad’s first point contends the trial court erroneously used the wrong burden of proof, which prejudiced Chad in proving his damages. We agree. Because that error