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Bad Faith Law
 
State of Tennessee v. Pamela Moses

On April 29, 2015, Defendant entered guilty pleas to theft of merchandise valued at less than $500, tampering with or fabricating evidence, forgery, perjury on an official document, stalking of a judge, and escape from misdemeanor incarceration. See State v. Pamela Moses, No. W2015-01240-CCA-R3-CD, 2016 WL 4706707, at *2 (Tenn. Crim. App. Sept. 6, 2016), perm. app. denied (Tenn. Jan. 23, 2017). ... More...   $0 (05-22-2018 - TN)

Patricia Theriault v. Genesis Healthcare, LLC District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At... More...
   $0 (05-21-2018 - ME)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

CHARLES W. GETTYS, JR. AND TAMMY ABIDE Vs. WILLIAM G. GETTYS, FLOELLEN SANCHEZ-RICKARD, VICTORIA FOGHT VIRGA AND MICHAEL VIRGA Louisiana Circuit Courts of Appeal

On December 15, 2004, the trial court signed a judgment of possession in
the Succession of Florence Schmit Gettys Sanchez, which awarded Plaintiffs
Appellees, Charles W. Gettys, Jr. (“Charles”) and Tammy Abide (“Tammy”)
(collectively “Plaintiffs-Appellees”) and Defendants-Appellants, William G.
Gettys (“William”), Floellen Sanchez-Rickard (“Floellen”), Victoria Foght Virga,
... More...
   $0 (05-18-2018 - LA)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

STATE OF IDAHO v. PHILLIP R. SMALLEY Sexual abuse of a vulnerable adult

Smalley was employed at an assisted living facility and worked alone as the overnight caregiver. The victim, F.B., was a 102-year-old patient at the facility who had arthritis, wore
hearing aids, and spoke with a low voice. Her hands were deformed from the arthritis, she could only eat with a large-handled spoon, and she had difficulty swallowing. F.B. could not walk, sit up, stand, dress ... More...
   $0 (05-13-2018 - ID)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

DANNY SNAPP v. UNITED TRANSPORTATION UNION and BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY

Snapp worked for BNSF from 1971 through 1999. He rose through the ranks, becoming a Division Trainmaster in 1986. Due to tiredness and low energy, he went to a doctor in 1994. He was diagnosed with sleep apnea and had surgeries in 1996 and 1998 in unsuccessful attempts to correct his condition. In 1999, BNSF received a report from Snapp’s physician. Snapp’s supervisor told Snapp he did not bel... More...   $0 (05-12-2018 - WA)

Kevin Jackson v. State of Indiana COURT OF APPEALS OF INDIANA

On April 10, 2007, around 4:30 a.m., D.L. and her daughter were sleeping in
the same bedroom in the apartment where they lived. D.L. was awakened by a
loud noise. Jackson, armed with a knife, had broken into the apartment. He
entered the bedroom and stood at the end of D.L.’s bed, obviously intoxicated
and swaying back and forth. He told D.L. that he wanted to have sex with... More...
   $0 (05-09-2018 - IN)

Bruce K. Pond v. State of Indiana

The facts, as stated in Pond’s direct appeal, follow:
On July 22, 2011, Pond was drinking beer with his son Blake and a family friend on the back porch of his mother’s house in Ossian, Indiana. Pond became annoyed with a light shining from the pier of a neighboring pond. Matt Michuda (Michuda) along with his four year old son Jacob and two friends were fishing off the pier. Pond went insid... More...
   $0 (05-09-2018 - IN)

Antonio L. Freeman v. State of Tennessee Tennessee Court of Criminal Appeals

In July 2010, the Petitioner was being housed in the Sumner County Jail while awaiting trial in another case. During a search of his cellon July 9, officers found Xanax and Soma pills hidden in a package of Ramen Noodles. In November 2010, the Sumner County Grand Jury indicted the Petitioner for one count of possessing contraband in a penal facility, a Class C felony. The trial court appointed ... More...   $0 (05-09-2018 - TN)

STATE OF KANSAS v. JUSTIN A. PINEDO

Justin Pinedo appeals the district court's decision to revoke his probation and require him to serve his underlying prison sentence. Pinedo suggests that the district court should have first ordered him to serve an intermediate sanction, such as a short jail stay followed by a return to probation, rather than send him to prison. But Pinedo had already been given new chances at probation after shor... More...   $0 (05-08-2018 - KS)

WHITE RIVER HEALTH SYSTEM, INC., d/b/a WHITE RIVER MEDICAL CENTER, ET AL. v. MADELINE LONG, AS SPECIAL ADMINISTRATRIX OF THE ESTATE OF DANIELLE TOTH, DECEASED

On January 20, 2012, Randall Johnson, as special administrator of the estate of Danielle
Toth, deceased, filed this action against multiple defendants, including WRMC, asserting
claims for wrongful death and medical negligence.1 WRMC answered the complaint, denied
the allegations of negligence, and pled that it was a charitable, nonprofit organization entitled
to immunity from ... More...
   $0 (05-07-2018 - AR)

Michael Alan Sands v. The State of Texas

In March 2011, then six-year-old Anna made an outcry of sexual abuse against Michael
Alan Sands, her mother’s ex-boyfriend.1 As a result of Anna’s allegations, a Hunt County jury
found Sands guilty of one count of aggravated sexual assault of a child2 and one count of indecency
with a child by contact.3 After finding that he had previously been convicted of a felony offense,
... More...
   $0 (05-07-2018 - TX)

Katherine Evans v. Portfolio Recovery Associates, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal concerns four consolidated
cases involving similar alleged violations of the Fair
Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692e(8). Plaintiffs defaulted on credit cards, and defendant
Portfolio Recovery Associates (“PRA”), an Illinois debt collection
agency, bought the accounts for collection. The Debtors
Legal Clinic (the “Clinic”) sent separate le... More...
   $0 (05-07-2018 - IL)

Nielsen Contracting, Inc. v. Applied Underwriters, Inc.


Nielsen Contracting, Inc. and T&M Framing, Inc. (collectively Nielsen) sued
several entities (defendants) alleging these entities fraudulently provided workers'
compensation policies to Nielsen that were illegal and contained unconscionable terms.
Defendants moved to compel arbitration and stay the litigation under an arbitration
2
provision in one defendant's contract, t... More...
   $0 (05-07-2018 - CA)

Herbert Hoover Pratt III v. The State of Texas

Appellant Herbert Hoover Pratt III was arrested pursuant to a warrant after
he answered the front door of his house in response to the police’s knock. Police
discovered cocaine in his pocket during the post-arrest frisk for weapons and
contraband. Pratt was charged with and convicted of possession of a controlled
1See Tex. R. A... More...
   $0 (05-06-2018 - TX)

UNITED STATES OF AMERICA v. MICHAEL P. LOUGH United States Court of Appeals for the Fourth Circuit

Michael P. Lough pled guilty, pursuant to a conditional plea agreement, to
possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) (2012). The
district court sentenced Lough to 37 months’ imprisonment. On appeal, Lough
challenges the denial of his pretrial motion to suppress.
In United States v. McLamb, 880 F.3d 685 (4th Cir. 2018), we addressed a
... More...
   $0 (05-06-2018 - VA)

UNITED STATES OF AMERICA v. TONIA LATRICE LEWIS United States Court of Appeals for the Fourth Circuit

In cases—like the subject case—where a defendant challenges both probable
cause and the applicability of the good faith exception, we may proceed directly to the
good faith analysis without first deciding whether the warrant was supported by probable
cause. United States v. Legg, 18 F.3d 240, 243 (4th Cir. 1994). Because no facts in this
case are in dispute, the applicability... More...
   $0 (05-06-2018 - VA)

STATE OF NORTH CAROLINA v. DAVID WOODARD DANIEL COURT OF APPEALS OF NORTH CAROLINA

On the morning of 11 June 2016, a trooper stopped Defendant’s vehicle for
speeding in Wilkes County. Based on his observations of Defendant, the trooper
formed a belief that Defendant had consumed a sufficient quantity of alcohol to
impair Defendant’s faculties or his ability to safely drive a vehicle. Accordingly, the
trooper placed Defendant under arrest for driving while i... More...
   $0 (05-05-2018 - NC)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

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