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Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.
FACT... More...
   $0 (02-20-2018 - CA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Dariusz Jaworski, Boguslaw Moskal and Ryszard Bester v. Master Hand Contractors, Inc., et al. Northern District of Illinois Courthouse - Chicago, Illinois

Dariusz Jaworski, Boguslaw Moskal, and Ryszard Bester were never paid for construction services they performed for Master Hand Contractors, Inc. They filed this lawsuit to force Master Hand to pay up. The district court sided with the plaintiffs through two partial summary
2 No. 16-3601
judgments and a bench trial. Liability in the neighborhood of
$340,000 now hangs over Master Hand’s ... More...
   $0 (02-17-2018 - IL)

Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

United States v. Muhammad Anwar Northern District of Iowa Courthouse - Waterloo, Iowa

A jury convicted Muhammad Anwar of : (1) conspiracy to distribute controlled
substances and controlled substance analogues, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(c), and 846, and (2) conspiracy to commit money laundering, in violation
of 18 U.S.C. § 1956(h). The district court1 sentenced Anwar to 240 months’
imprisonment on the first count and 60 months on the second co... More...
   $0 (01-28-2018 - IA)

State of Tennessee v. Jaquan Gathing and Prince Parker COURT OF CRIMINAL APPEALS OF TENNESSEE

The Defendants, along with two co-defendants who are not parties to this appeal, committed a brutal attack on Mr. Eric Cain, Ms. Myisha White, and Mr. Deangelo Terry (collectively “the victims”) as part of a robbery on March 13, 2014. In the course of the robbery, the perpetrators took the victims’ clothing and personal property and inflicted injuries on the victims with a hatchet and by hitting... More...   $0 (01-22-2018 - TN)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Christopher Steven Painter v. The State of Texas Man arrested for sex assault of a disabled person

In Appellant’s first issue, he argues that the evidence is insufficient to sustain his conviction because there was insufficient evidence to prove that Appellant used force or that the victim was unable to comprehend or resist the assault. In his second issue, Appellant contests the constitutionality of Section 22.011(b)(4) of the Texas Penal Code, which he argues is unconstitutional both on its ... More...   $0 (12-28-2017 - TX)

Thomas Milton Buchanan, Jr., a/k/a Milton Buchanan v. The State of Texas Rockford woman killed in Texas; suspect arrested

Because Buchanan does not challenge the sufficiency of the evidence, we discuss only
those facts relevant to the resolution of the evidentiary issue advanced on appeal. Buchanan was
living with his seventy-one-year-old mother, Susie Maloney, a retired engineer and nuclear
1 Pursuant to its docket equalization authority, the Supreme C... More...
   $0 (12-14-2017 - TX)

Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, L.L.C. Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Jury Awards Publisher $585,000 In Damages On Copyright Claim

Energy Intelligence Group, Inc. sued Kayne Anderson Capital Advisors on a copy right violation theory claiming that the Defendant wrongfully copied its energy newsletters. It claimed that Defendant shared five subscriptions of "Oil Daily" with others in the investment firm who did not have subscriptions. Thirty-nin... More...
   $585000 (12-08-2017 - TX)

Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

United States of Ameriva v. Geoffrey Thomas Gattis United States Court of Appeals for the Third Circuit

After Geoffrey Gattis pleaded guilty to possession of a firearm by a felon, in
violation of 18 U.S.C. § 922(g)(1), the district court sentenced him to 70 months’
imprisonment, at the low end of the Sentencing Guidelines range that it had calculated.
In calculating that range, the court applied an enhanced base offense level under U.S.S.G.
§ 2K2.1(a)(4)(A), based on its conclusion t... More...
   $0 (12-04-2017 - NC)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

CINDY WILLIAMS and WILLIAM WILLIAMS v. PLAINS TIRE & BATTERY CO., INC. Supreme Court of Wyoming

On September 27, 2010, Mrs. Williams and her brother, Wayne Campbell, took the Williams’ trailer to a store operated by Plains in Evanston, Wyoming for a repair. They entered the building through a side door that led into the repair shop and found their way to the front office. After arranging for the repair, they left the same way they had come.
[¶4] They returned to the store that aftern... More...
   $0 (11-29-2017 - WY)

Jana Lee Flanagan and Lucas Matthew Flanagan v. RBD San Antonio LP, Davidson Hotel Company LLC and G4S Bexar County Courthouse - San Antonio, Texas

Jana Lee and Lucas Matthew Flanagan appeal traditional and no-evidence summary judgments granted in favor of RBD San Antonio L.P., Davidson Hotel Company LLC, and G4S Secure Solutions (USA) Inc. in a premises liability case based on an alleged aggravated assault at a hotel. The Flanagans contend the trial court erred in granting the summary judgments and in sustaining objections to their summary j... More...   $0 (11-23-2017 - TX)

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

Eileen Bransten v. State of New York New York Court of Appeals Hall - Albany, New York

The issue presented on this appeal is whether Civil Service Law § 167 (8), as amended, authorizing a reduction of the State's contribution to health insurance benefits for State employees, including members of the State judiciary, violates the Judicial Compensation Clause [*2]of the State Constitution (NY Const, art VI, § 25 [a]). We conclude the State's contribution is not judicial compensation p... More...   $0 (11-21-2017 - NY)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

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