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Avoidable Consequence Law
 
STATE OF OHIO - vs - GEORGE S. HUSTON

On October 4, 2016, two complaints were filed with the Clinton County Municipal Court charging Huston with burglary and attempted aggravated arson, both third degree felonies. As it relates to the complaint charging Huston with attempted aggravated arson, the complaint stated the following: Complainant being duly sworn states that George Sam Huston at 1079 SR 134 S Wilmington, Clinton County, ... More...   $0 (07-19-2018 - OH)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

Kathleen Willhite-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-19-2018 - CA)

Keysha Keyyor Tugler v. The State of Texas Fifth Court of Appeals of Texas

At a convenience store at 1:20 a.m. on June 18, 2016, a night manager had just finished
with a transaction involving a female customer. A delivery driver was also present making a
delivery. At that moment, two individuals ran into the store brandishing guns. Both gunmen had
their faces covered, one with black-and-white fabric and the other with a mask. The assailants
took t... More...
   $0 (07-17-2018 - TX)

Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Larry Littlejohn v. Costco Wholesale Corporation Glass Office Floor Mats

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-14-2018 - CA)

STATE OF OHIO -vs- NORMAN L. PRYOR

On August 1, 2016 at approximately 5:30 a.m., nurse anesthetist student
B.A arrived at Aultman Hospital for her clinicals. As she walked toward the employee
entrance, she glanced over her shoulder and saw a man behind her wearing a dark
hoodie, a ski mask, and glasses. B.A screamed and began running toward the hospital,
but the man caught her, tackled her to the ground, and hel... More...
   $0 (07-13-2018 - OH)

Dennie Thurman Howell Jr v. The State of Texas

J.J. Rosabel, the complainant in this cause, was twelve years old at the time
of trial. Howell was J.J.’s neighbor and a friend of J.J.’s mother, T.H., who
occasionally cleaned Howell’s house. Howell had an open door policy, and J.J. and
T.H. came in and out of his home as they pleased. There were several occasions
where J.J. spent the night at Howell’s home at J.J.’s request. ... More...
   $0 (07-12-2018 - TX)

UNITED STATES OF AMERICA v. CARLOS AGUIAR, ALSO KNOWN AS LOS United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

In superseding indictments, Aguiar and five co-defendants were charged with RICO and armed bank robbery conspiracies, two armed bank robberies, three counts of unlawful possession of a firearm by a convicted felon, and two counts of possession or use of a fully automatic assault weapon in connection with a crime of violence in violation of 18 U.S.C. § 924(c)(1)(B)(ii). Earlier Aguiar had rejected... More...   $0 (07-10-2018 - DC)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-09-2018 - TN)

STATE OF OHIO vs. MITCHELL HARTMAN

Mitchell Hartman (“Hartman”) appeals his rape conviction and assigns the following
errors for our review:
I. The admission of other acts evidence pursuant to Evid.R. 404(B) was an abuse of discretion and did not constitute harmless error.

II. The trial court committed reversible error by including the flight and minimal force instructions, which cause[d] substantial prejudic... More...
   $0 (07-08-2018 - OH)

STATE OF OHIO v. SCOTT A. STEIN

On April 28, 2016, Stein, Brett Eley (“Eley”), and Krista Ashley
(“Ashley”) went to the home of Jason Davidson (“Davidson”) to retrieve some
property that had been stolen from Stein by Davidson and Eley. When they arrived,
Eley and Ashley went to speak with Davidson, leaving Stein in the car. Eley spoke
with Davidson while Ashley spoke with the owner of the home, Mike Volger... More...
   $0 (07-08-2018 - OH)

STATE OF IOWA vs. DAKOTA M. POLAND

The events giving rise to Poland’s convictions occurred on March 10, 2016,
at the home where Poland lived with his parents and three younger sisters.
Poland, then twenty years old, was dating L.R., who was sixteen years old. L.R.
had been staying at the home for approximately one week but decided to leave
because Poland was drinking vodka. L.R. did not like being around Pola... More...
   $0 (07-08-2018 - IA)

Anthony Robinson and Timothy Spangler v. Albert Perales and Board of Trustees of the University of Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Anthony Robinson and Timothy
Spangler, police officers employed by the University of Illinois
at Chicago Police Department (“Department”), brought claims
against the University of Illinois Board of Trustees and four
individuals for race‐based discrimination, harassment and
retaliation. The district court disposed of all but one of the
claims through summary judgment. ... More...
   $0 (07-07-2018 - IL)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-07-2018 - CA)

STATE OF KANSAS v. MATTHEW D. WILSON

The underlying facts are not disputed. As this court recited in Wilson's first appeal:

"Dustin Ferguson and Joel Solano lived in an apartment directly across the hall from Wilson. Sometime around 2 a.m. on April 7, 2013, Ferguson returned to the apartment with Michael Lowery, Alexya Mailea, and Christine Kim after a night out in Aggieville. Around 4 a.m., Ferguson and his three guest... More...
   $0 (07-06-2018 - KS)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

UNITED STATES OF AMERICA v. CARLOS AGUIAR, ALSO KNOWN AS LOS United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT


In superseding indictments, Aguiar and five co-defendants were charged with RICO and armed bank robbery conspiracies, two armed bank robberies, three counts of unlawful possession of a firearm by a convicted felon, and two counts of possession or use of a fully automatic assault weapon in connection with a crime of violence in violation of 18 U.S.C. § 924(c)(1)(B)(ii). Earlier Aguiar had re... More...
   $0 (07-05-2018 - DC)

ROBERT S. DAVIDSON v. THE UNITED STATES

Plaintiff fabricated a replica of the Statue of Liberty on the grounds of the New York-New York Hotel & Casino in Las Vegas in 1996. He applied for and obtained a copyright for the replica in 2013, too late for the statutory presumption of validity. It is also undisputed that the Postal Service used a photograph of that work on a stamp released in December 2010 without permission or attribution ... More...   $0 (07-05-2018 - DC)

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