alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT A. MURRAY, DEFENDANT-APPELLANT.

Argued October 25, 1960

Decided November 7, 1960.

*398
      *Mr. John S. Bender*argued the cause for the appellant.

*Mr. C. William,*Caruso, Assistant Prosecutor argued the cause for the respondent *(Mr. Brendan T.*Byrne, Essex County Prosecutor, attorney).

Per Curiam.

The judgment is affirmed for the reasons expressed in the opinion of Judge Sullivan in the court below.

*For affirmance*— Chief Justice Weintraub, and Justices Erancis, Proctor, Hall and Sciiettiito — 5.

*For reversal*— None.
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ARS Home Plains Area Clay Center, Nebraska U.S. Meat Animal Research Center Livestock Bio-Systems People & Locations







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#### Sung Hwan Co., Ltd., Appellant, v Rite Aid Corporation, Respondent.

[942 NYS2d 84]

Amended judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 22, 2011, dismissing the complaint and awarding costs to defendant in the *525amount of $66,677.52, and bringing up for review an order, same court (Richard B. Lowe III, J.), entered February 3, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, and denied plaintiffs motion for recognition and enforcement of a default judgment entered in its favor against defendant by the District Court of Seoul, Republic of Korea, unanimously reversed, on the law, with costs, and the judgment vacated. Appeal from judgment, same court (Richard B. Lowe III, J.), entered March 21, 2011, dismissing the complaint and awarding costs to defendant in the amount of $450, unanimously dismissed, without costs, as superseded by the appeal from the amended judgment. Appeal from order, same court (Shirley Werner Kornreich, J.), entered May 31, 2011, which granted defendant’s motion to tax plaintiff with costs, unanimously dismissed, without costs, as subsumed in the appeal from the amended judgment.

The record presents a triable issue of fact whether defendant owned the ice cream plant that manufactured and sold listeria-tainted ice cream to the plaintiff, which would provide a basis for Korea’s exercise of personal jurisdiction over defendant *(see*7 NY3d 78, 81 n 1, 84 [2006]). Defendant submitted evidence in support of its claims that the plant was owned by its subsidiary Thrifty Payless, Inc. (TPI). Plaintiff submitted evidence that defendant owned the plant directly. Plaintiff’s evidence included the following: defendant’s 10-K forms for the years following its merger with TPI, which stated that defendant itself — not a subsidiary — owned the ice cream plant; a Los Angeles Tax Assessor’s form identifying defendant as an owner of the plant; that defendant had designated the plant as its ice cream division and as distribution center No. 61 and that the signs on the ice cream plant and its trucks stated that the plant was a division of defendant; the plant general manager’s testimony that, among other things, he reported to defendant’s senior vice president following the merger and never again reported to anyone at TPI; that in 1997 the senior vice president began being paid by defendant; that he was designated as “Director/Plant Manager, Dist Center — 00061, Rite Aid Corporation”; and finally that, when he learned of the claim of listeria contamination, he contacted defendant’s executives.

Although we are vacating the judgment, we note that the court correctly granted defendant’s application to tax plaintiff with the expenses defendant incurred in securing an undertaking to stay enforcement of the judgment entered in this case in 2007, which we reversed *(see*CPLR 8301 [a] [11]; 46 AD3d 288 [2007]). Concur — Mazzarelli, J.P., Catterson, DeGrasse, Manzanet-Daniels and Román, JJ.
NOTE: This disposition is nonprecedential. 

United States Court of Appeals for the Federal Circuit 

 

 2006-5110 

JAMES BRADLEY SPAAN, 

 Plaintiff-Appellant, 

v. 

UNITED STATES, 

 Defendant-Appellee. 

 __________________________ 

 DECIDED: December 6, 2006 

 __________________________ 

Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit 

Judge. 

PER CURIAM. 

James Bradley Spaan appeals from the Order of the United States Court of 

Federal Claims dismissing his complaint for want of jurisdiction. Spaan v. United 

States, No. 06-CV-454 (June 16, 2006). We affirm. 

I 

Mr. Spaan’s complaint, filed June 8, 2006, is labeled as a Federal Tort Claim. 

The complaint alleges a variety of wrongs committed by various federal, state and local 

officials and governmental entities, as well as by named corporations and religious 

groups. Mr. Spaan alleges various crimes committed against him as a part of an 

international “Conspiracy of Traitors.” He seeks monetary damages, the set aside of his 
convictions in state and federal courts, voiding of the dissolution of his marriage and 

entry of an order annulling the marriage on the grounds of fraud, and other declaratory

and injunctive relief. 

The Court of Federal Claims determined that the specific wrongs alleged in 

Mr. Spaan’s complaint sound in tort. The jurisdiction of the Court of Federal Claims is

defined by statute and expressly excludes cases sounding in tort. 28 U.S.C. 

§ 1491(a)(1) (2000). As the jurisdiction of the court is also expressly limited to claims 

against the United States, the court determined that it lacked jurisdiction to adjudicate 

claims against the non-U.S. government defendants. Further, the Court of Federal 

Claims explained that it lacked jurisdiction to review convictions of other state and 

federal courts. 

Having carefully reviewed Mr. Spaan’s lengthy complaint, the court determined 

that none of Mr. Spaan’s allegations raised matter within the court’s jurisdiction. 

Consequently, the complaint was dismissed.

II 

Mr. Spaan timely appealed to this court. We have jurisdiction to review the Order 

dismissing his complaint, see 28 U.S.C. § 1295(a)(3) (2000), and we review de novo the 

order dismissing the complaint for want of jurisdiction. Shearin v. United States, 

992 F.2d 1195 (Fed. Cir. 1993). 

We called for the complete record from the Court of Federal Claims and

inspected the 180-page complaint. We see no error in the Order dismissing his 

2006-5110 2 
complaint. Mr. Spaan’s alleged wrongs are torts committed either by the Federal 

Government or by state, local or private entitles and individuals over whom the Court of 

Federal Claims lacks jurisdiction. The Order dismissing his complaint is affirmed. 

 

2006-5110 3
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Abbas M Lafta
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#### In the Matter of Eric J. Koch, D.O., Respondent, v James G. Sheehan, New York State Medicaid Inspector General, Appellant.

[945 NYS2d 587]

Motion for leave to appeal to the Court of Appeals denied. Present — Scudder, P.J., Centra, Peradotto, Lindley and Martoche, JJ.
## IN THE COU RT O F CR IM IN AL AP PE ALS OF TE XAS
N O . A P - 76, 075

EX PA R TE G R EG O R Y JER M A I N E W H EE LE R , A ppl i c ant
ON AP P LI CAT I ON F OR A W RI T OF HABE AS CORP US CAUS E N O. 1 1 4 - 0 8 6 3 - 0 6 - A I N T HE 1 1 4 TH DI S TR I CT COURT

FROM S M I TH CO UNTY

P er cur i am . O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas Code of Crim i n al P ro ce dure, the cler k of the trial court transmitted to this Court this application for writ of habe as cor

pus. Ex pa rte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicte do f aggravated assault and sente nced to life imprisonment. The TwelfthCourt of Appeals aff irmed his conviction. W he e le r v . S

tate , N o . 1 2
- 0 7
- 0 0 0 8 0
- CR , ( T e x. Ap p . — T yle r , 2 0 0 8 , n o p e t. ) ( n o t d e s ign a te d f or publication). Applicant conte nds that his appellate counsel re ndere d ineff e c ti v e a s s is ta

n c e b e c a u s e counsel failed to timely

notify Applicant that his conviction had been affirmed and failed to advise him of2

his rig ht to petition for discretionar y revie w pro se. Ap pe llate c ouns e l f

il ed an affi davit

wi th t he tr ia l c ourt . T he re c or d s ho ws that a pp e llate
c ouns e l f a ile d to tim e ly

no tif y Ap pli c ant that his c on vic tio n ha d be e n a ff ir me d a nd fa ile d to a dv ise him of his ri g ht t o p e tit ion

fo r dis c re tio na

ry a pp e a l pro se. Ex parte W ilson , 9 5 6 S. W. 2 d

2 5 ( T e x. Crim. App. 1997). The tria l court re commends that re lief be g rante d

. We f ind that App lic ant i s entitled to the opportunity to file an out-of

-time petition for discre tionary revie w of the judg ment of the Tw e lf thCourt of Ap pe a ls i n Ca

us e No
. 12 -0 7- 00 08 0- CR that a ff ir me d his c on vic tio n in

Ca se No
. 11 4- 08 63 -0 6- A fr om t he 11 4th Judic ia l D istri c t Co ur

t of Smit h County . Ap pli c ant sha ll fil e his petition for discre tionary

revie w wi t h t h e T we lfthCourt of Appea ls within 30 day s of the date on wh ic h th is C ourt ’s mand a te iss ue s.

Deliver ed: J anuar

y 28, 2009 Do no t pu bli sh
Exhibit 32.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350, as created by
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

(i) The Annual Report on Form 10-KSB/A (Amendment No. 2) of the Company for the fiscal year ended December 31, 2005 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(ii) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.



|                       |  |     |  |                                      
|---------------------- |  | --- |  | -------------------------------------
|Date: January 17, 2007 |  | By: |  | /s/ David Wohlberg                   
|                       |  |     |  | David Wohlberg                       
|                       |  |     |  | President and Chief Operating Officer
#### Gail A. Gundlah, Respondent, v Theodore W. Gundlah, Appellant.

Judgment unanimously modified, on the facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: In our view, the court erred in making a maintenance award of $250 per week for a period of 12 years. Plaintiff is relatively young, is in good health, and has a college education with a business major. In the early years of the marriage, plaintiff was employed by the Federal Government as a payroll clerk. Subsequently, she conducted her own business wherein she maintained business records and kept the payroll. In making its award, the court failed to give appropriate consideration to all of the factors which should be considered in making an award of maintenance (Domestic Relations Law § 236 [B] [6] [a] [3]; *Lemczak v Lemczak,*105 AD2d 1157). The duration of the maintenance award should be fixed at three years, which will assure that plaintiff’s reasonable needs will be provided for and, at the same time, she will have an appropriate incentive to become financially independent *(Hillmann v Hillmann,*109 AD2d 777, 778).

The court did not err in awarding the full value of the Kittinger furniture to the plaintiff *(see, Ackley v Ackley,*100 AD2d 153, 156, *lv dismissed*63 NY2d 772).

We have considered defendant’s other arguments raised on this appeal and find them to without merit. (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J.—divorce-equitable distribution.) Present—Dillon, P. J., Callahan, Doerr, Denman and Pine, JJ.