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Case Digests

Sep 8, 2016

Sufficiency of Allegations – Civil Conspiracy

James and Beth Kroeger appeal an order dismissing their claims against Sue Brautigam, Tim and Ann Clark, and Jim and Carole Kroeger (collectively with Robert Brautigam, the “Respondents”).

Sep 8, 2016

Denial of Motion

Jacquis Lamont Leichman, pro se, appeals from a judgment of conviction, entered upon a jury’s verdict, on one count of first-degree intentional homicide as a party to a crime.

Sep 8, 2016

Tax Assessment

This is another in a pattern of pro se litigation centered around the same basic contention

Sep 6, 2016

Qualified Immunity

Appellant claims for violations of 8th and 14th amendment barred by qualified immunity

Sep 6, 2016

Qui Tam Claim – Medical Billing

Appellants fail to properly put forth allegations of fraud, however provide sufficient allegations for use of improper medical billing codes.

Sep 6, 2016

Disability Benefits

Substantial evidence supported ALJ’s finding that appellant could still engage in simple work.

Sep 6, 2016

Contractual Interpretation

“Service of suit” clause in contract unambiguously allows to select forum for litigating.

Sep 6, 2016

Due Process Violation

Evidence presented was more than sufficient for conviction and admittance of appellant statements, although translated, were valid.

Sep 6, 2016

Immigration

Appellant had ample and sufficient process available to him to challenge marriage fraud.

Sep 6, 2016

Extension of Appeal

Court dismisses appeal for lack of jurisdiction due to untimely appeal

Sep 6, 2016

8th Amendment – Self Defense

Imminent threat of death or seriously bodily harm not required to justifiably use force in self defense. However, appellant had legal alternative to force via compliance.

Sep 6, 2016

Residual Clause

Court erred included residual clause in the career-offender guideline

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