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Civil Digest

Jun 9, 2020

Court Error – Request for Substitution

Matthews argues that he requested substitution of the assigned judge in the case before any substantive issue was resolved and, therefore, the trial court was required to grant substitution.

Jun 9, 2020

Judgment – Easement and Damages

David J. Frahm, Sr., and Constance J. Frahm (the Frahms) appeal from a judgment determining the location and width of a right-of-way easement.

Jun 8, 2020

Sufficiency of Evidence

While confined in the Polk County Jail, two female inmates, J.K.J. and M.J.J., endured repeated sexual assaults at the hands of correctional officer Darryl Christensen.

Jun 8, 2020

Damages

Four years ago we held that Chicago is entitled to limit sales on the streets adjacent to Wrigley Field, home of the Chicago Cubs.

Jun 8, 2020

Habeas Corpus

A jury found Keith Hoglund guilty of molesting his daughter. The district judge denied his petition for a writ of habeas corpus.

Jun 8, 2020

Issue of Material Fact – Sham-affidavit Rule

It is axiomatic that the first step in the summary-judgment process is to ask whether the evidentiary record establishes a genuine issue of material fact for trial.

Jun 8, 2020

Sentencing Guidelines

A criminal defendant pleaded guilty to making threatening and harassing interstate telephone calls.

Jun 8, 2020

FCRA Violation

Plaintiffs Joseph Denan and Adrienne Padgett sued consumer reporting agency Trans Union LLC, alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.

Jun 8, 2020

Abuse of Discretion – Evidentiary Ruling

In the course of a police check of a suspicious vehicle, Nicholas Nelson was caught with a handgun.

Jun 3, 2020

1st Amendment Violation – Abuse of Discretion

This case concerns 8 U. S. C. §1324, which makes it a federal felony to “encourag[e] or induc[e] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” §1324(a)(1)(A)(iv).

Jun 2, 2020

OWI – Ineffective Assistance of Counsel

Gary Schumacher was convicted, upon a jury verdict, of operating a motor vehicle with a prohibited alcohol content (OWI- PAC) in connection with an accident between Schumacher and another motor vehicle.

Jun 2, 2020

Right of First Refusal – Fair Market Value

A right of first refusal (ROFR) is an agreement in which an owner of property (typically real estate) conveys a right to another party to match any offer made for the property.

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