Cases

BURDICK, Chief Justice. This case comes before this Court on an appeal from the district court’s order of restitution against Daniel Straub (Straub). Straub pleaded guilty to vehicular manslaughter, and as part of the plea, agreed to pay restitution for victims under I.C. § 18-4007 and I.C. § 19-5304. After a restitution hearing, the district court determined that Straub owed $5

Reversed and Remanded and Memorandum Opinion filed November 4, 2021. In The Fourteenth Court of Appeals NO. 14-17-00223-CV REBECCA WILSON, ET AL., Appellants1 V. GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P., Appellees On Appeal from the 189th District Court

Reversed and Remanded and Opinion filed December 21, 2018. In The Fourteenth Court of Appeals NO. 14-17-00223-CV REBECCA WILSON, ET AL., Appellants1 V. GEORGE FLEMING AND FLEMING & ASSOCIATES, L.L.P., Appellees On Appeal from the 189th District Court Harr

CLAY, Circuit Judge, concurring in part and dissenting in part. Respondent Linda Metrish, Warden of Michigan’s Kinross Correctional Facility, appeals from the district court’s judgment granting Petitioner Stephen Fleming’s application for a writ of habeas corpus under 28 U.S.C. § 2254. In his habeas petition, Fleming challenges his convictions for second-degree murder and posse

ANDERSON, Circuit Judge. Federal prisoner Jonathan Garrett filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The district court dismissed Garrett’s complaint as barred by the applicable two-year statute of limitations. On appeal, Garrett argues (1) th

362 F.3d 692 Jonathan T. GARRETT, Plaintiff-Appellant,v.L.E. FLEMING, Warden, United States Penitentiary, Florence, Colorado; John D. Smith, and Six Unidentified Corrections Officers of the Administrative Maximum Security Unit at the United States Penitentiary, Florence, Colorado; D.B. Williams, Lt., in his individual capacity; T.B. Smith, Lt., in his individual capacity; L. Trujillo, Officer, in his individual capacity; J. Baltazar, Office

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0068p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X Petitioner-Appellee, - STEPHEN MICHAEL FLEMING,

Hipple, P. J., This is an action in assumpsit in which plaintiffs seek to recover moneys alleged to be due them by defendant arising out of the collection of rentals by defendant from certain real estate owned by plaintiffs. The case was heard by the court sitting without a jury under the Act of April 22, 1874, P. L. 109, 12 PS §688, and from the pleadings, evidence, and admissions of counsel at the time of the hearing the court

SCHWAB, C. J. In 1955, plaintiff created five irrevocable trusts, one for each of his five grandchildren. Other than the names of the beneficiaries, the terms of the trusts are identical. Plaintiff made gifts to the trusts in 1955, 1956, 1957, 1958, 1963, 1964 and 1965, and claimed an annual gift tax exclusion for each trust in each of those years. All grandchildren were minors during this period. The State

665 P.2d 176 (1983) STRAUB CLINIC AND HOSPITAL, INC., and CNA Insurance Company, Plaintiffs-Appellants, Cross-Appellees, v. CHICAGO INSURANCE COMPANY, State of Hawaii, and the University of Hawaii, Defendants-Appellees, Cross-Appellants. No. 8640. Intermediate Court of Appeals of Hawaii. June 8, 1983. *177 Dennis E.W. O'Connor, H

STRAUB, Circuit Judge: The United States appeals from an August 21, 2012 order of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) entering a post-verdict judgment of acquittal in favor of Defendant-Appellee Lawrence DiCristina, setting aside the guilty verdict on one count of violating the Illegal Gambling Business Act (the “IGBA”

PER CURIAM: This suit involving breach of contract and related claims and counterclaims returns to us on cross-appeals. Following remand from the prior appeal, the District Court (Arlene R. Lindsay, Magistrate Judge) determined that Defendant-Counter-Claimant>-Appellant^Cross-Appellee Drew Maconachy’s (“Maconachy”) breaches of two contracts proximately cau

JACOBS, Circuit Judge. An entity called 1109580 Ontario, Inc. (“Ontario”) appeals from a judgment entered in the United States District Court for the Southern District of New York (Stein, /.), confirming an arbitration award against Ontario and denying Ontario’s motion to vacate the award on the ground that the arbitrators’ refusal to enforce col

McLAUGHLIN, Circuit Judge: Plaintiffs are several hundred pilots who were employed by the now-defunct Pan American World Airways, Inc. (“Pan Am”). They were hired by Delta Air Lines, Inc. (“Delta”) pursuant to an Asset Purchase Agreement between the two airlines. The pilots filed an age discrimination action in New York State Supreme Court challenging three specific terms of their employment with Delta. Delta removed the case

JUSTICE McCULLOUGH, dissenting: I respectfully dissent. The current order of visitation is against the manifest weight of the evidence. In child custody and visitation cases, it is difficult for witnesses close to a party to be objective and unbiased. Here, one witness who testified cann

Chief Judge GUTIERREZ Concurring in Part and Dissenting in Part. The Idaho Supreme Court has reminded the Idaho judiciary that restitution is not a substitute for a civil action. In State v. Straub, 153 Idaho 882, 890, 292 P.3d 273, 281 (2013), the court explained: The restitution statute was never meant to be a substitute for a civil act

WESLEY, Circuit Judge: Plaintiffs-Appellees (“Plaintiffs”) are direct or indirect victims of terrorist acts linked to the Islamic Republic of Iran (“Iran”), against which they hold unsatisfied money judgments. Plaintiffs contend that they are entitled to enforce these judgments against Defendants-Appellants Alavi Foundation and 650 Fifth Avenue Company (together, “Defendants”),1 pursuant to the Forei

LIVINGSTON, Circuit Judge, dissenting: A petitioner must, at “all stages of federal judicial proceedings,” be able to demonstrate that he has “suffered!] or [is] threatened with[ ] an actual injury tracea*229ble to the defendant and likely to be redressed by a favorable judicial decision.” Spencer v. Ke

STRAUB, Circuit Judge, concurring in part and dissenting in part: The majority today has vacated the convictions of Defendants-Appellants Ibn Lee and Larry Williams as a result of the District Court’s admission into evidence of the so-called Clarke statement. The government concedes that the admission of this evidence violated the Confrontation Clause because of the intervening d

WALLACE, Circuit Judge, dissenting: The majority concludes that the district court’s sentencing decision is reasonable. I disagree. Reasonableness is a flexible concept. United States v. Fleming, 397 F.3d 95, 100 (2d Cir.2005). Its bounds, however, are not limitless. A sentence may be unreasonably short, for example, where it was partially the result of a legal error. United State