Cases

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 16, 2005 Session TRACEY L. WILLIAMS OMOHUNDRO v. STEPHEN C. ARNSDORFF Appeal from the Circuit Court for Hamilton County No. 96DR2187 Jacqueline E. Schulten, Judge Filed September 27, 2005 No. E2005-00315-COA-R3-CV The issues in this

KITE, Justice. [{1] Jason William Stephen (Husband) appeals from the property division portion of a divorce decree, claiming the district court abused its discretion in valuing his interest in the family business and requiring him to make a lump sum payment to Amy Jo Stephen (Wife). We affirm. ISSUES [12] Husband contends the

LEWIS, J. This case involves a Florida constitutional challenge to the 2013 amendments to sections 766.106 and 766.1065 of the Florida Statutes. Generally,-the statutes pertain to invasive presuit notice requirements that must be satisfied before a medical-negligence action may be filed, as well as an informal discovery process that accompanies that presuit notice process, and the amendments- at iss

Rogers, Circuit Judge: *1150 Artist David Pulphus and Congressman William Lacy Clay, Jr., appeal the denial of their motion for a preliminary injunction in connection with the decision of the Architect of the Capitol to remove Pulphus' painting from the exhibition of the 2016 winners of

Opinion for the Court filed by Senior Circuit Judge WILLIAMS. WILLIAMS,- Senior Circuit Judge: After discovery closed in this litigation, the Virginia Supreme Court issued an opinion addressing a key aspect of the law at issue. The development confronted the plaintiff with a strategic choice: Acknowledge that the opinion changed the law and seek the dist

IAN T. COOKE v. JOHN R. WILLIAMS ET AL. (SC 20719) Robinson, C. J., and McDonald, D’Auria, Mullins and Ecker, Js. Syllabus The plaintiff, who previously had been convicted of murder, among other crimes, sought to recover damages from the defendants, his former attorney and his law firm, for, inter alia, their alleged legal malpractice and fraud while representing him in connection with a federal civil rights action and

WILLIAMS, Circuit Judge. Stephen Sprinkle, a social security disability claimant, sought an award of attorney’s fees under the Equal Access to Justice Act (the “EAJA”). While the EAJA contains a presumptive rate cap of $125 an hour, courts may award enhanced fees where they are justified because of an increase in the cost of living. The district court found that Sprinkle was entit

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical corr

*********** The Full Commission reviewed the prior Decision and Order, based upon the record of the proceedings before Chief Deputy Commissioner Gheen and the briefs before the Full Commission. The appealing party has not shown good ground to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Opinion and Award. Accordingly, the Full Commission affirms the Opinion and Award of Chief Deputy

TREVOR N. McFADDEN, U.S.D.J. Federal courts, like museums, have different portals for different people. A hapless tourist who enters through the employees' door may be ejected from a museum, even if he were otherwise entitled to be there. Similarly, a plaintiff who comes into federal court through the federal removal process may find his case thrown out, even if it could have properly arrived there another way. Such is the plight of

The Full Commission reviewed the prior Opinion and Award, based upon the record of the proceedings before Deputy Commissioner Taylor and the briefs and oral arguments before the Full Commission. The appealing party has not shown good ground to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Opinion and Award. Accordingly, the Full Commission affirms the Opinion and Award of Deputy Commissioner Taylor.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-40,677-02 EX PARTE STEPHEN WARREN WILLIAMS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 94-68074-B IN THE 252ND DISTRICT COURT FROM JEFFERSON COUNTY Per curiam. ORDER Applicant was convicted of aggra

MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. Plaintiff, Thomas Simonian (“Simonian”) filed a seven-count qui tam action on behalf of the public for false marking pursuant to 35 U.S.C. § 292. Defendant, Weber-Stephen Products Co. ("Weber”) now moves to dismiss Plaintiffs complaint because the complaint fails to comply with both the pleading requirements of Rule 8(a) and

DUNCAN, Circuit Judge: This appeal arises out of the district court's order sanctioning three attorneys and their law firms under both its inherent authority and 28 U.S.C. § 1927 . Finding no abuse of discretion, we affirm. I.

WILLIAMS, Judge. MEMORANDUM OPINION AND ORDER OF PARTIAL DISMISSAL This Fifth Amendment taking action comes before the Court on Defendant’s motion to dismiss the claim of Plaintiffs Peter and Bernadette Calamaras for lack of standing. 1 The Calamaras, as members of the Silver Oak Neighborhood Assoc

In re Williams, Stephen J.; — Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. A, No. 117240; to the Court of Appeal, First Circuit, No. 2012-C-1073. Denied.

OPINION Opinion by Justice FILLMORE. Compass Bank sued Stephen L. Goodman, as guarantor, seeking to collect the deficiency remaining after Compass foreclosed on two pieces of real property securing the repayment of two promissory notes. Goodman claimed a right to offset under section 58.001 of the property code because the fair market

BRYANT, Judge. Pursuant to N.C. Gen. Stat. § 15A-979(c), where the State intends to appeal from a trial court’s ruling on a motion, the State must file a certificate with the trial court indicating that the State’s appeal is not taken for purposes of delay and the evidence sought is necessary to the State’s case. Where the State seeks to administer multiple chemical analysis tests

PATRICK E. HIGGINBOTHAM, Circuit Judge: This is a Fair Labor Standards Act (“FLSA”) case in which the plaintiffs allege that they were misclassified as exempt from the overtime pay rule and seek backpay. The district court entered summary judgment that, assuming that the plaintiffs were 'found misclassified, their regular rate of pay would be calculated pursuant to the fluctuating

DAVIS, Judge. Jason Russell Williams (“Defendant”) appeals from his convictions for 102 counts of second-degree sexual exploitation of a minor and 25 counts of third-degree sexual exploitation of a minor. On appeal, Defendant asserts that the trial court (1) erroneously instructed the jury on two alternate theories of guilt where one theory was not supported by the evidence in 7