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Workers’ Compensation Court of Appeals vs. Deer River Health Care Center and MHA Insurance Co. and Essentia Health-Deer River and Berkley Risk Administrators Co. and Midwest Spine & Brain Institute and Essentia Health

Respondent Janet Hufnagel filed a workers’ compensation claim in 2015 for work
related aggravations to a low-back condition that resulted from an admitted work-related
injury in 2009. At all relevant times, Hufnagel worked at the same job, performing the
same duties, at the same physical location. But between the 2009 injury and the later
aggravations sustained in 2014 and 201... More...
   $0 (07-19-2018 - MN)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

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)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

CITY OF TAUNTON, MASSACHUSETTS v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529 .

It is useful to begin with an overview of the legal
landscape that is relevant to this appeal. The Clean Water Act
(CWA) prohibits the "discharge of any pollutant" unless that
discharge complies with NPDES permit requirements. 33 U.S.C.
§§ 1311(a), 1342. The EPA is responsible for issuing NPDES
permits unless a state agency is authorized to do so. Id.
§ 1342(a)-(c... More...
   $0 (07-10-2018 - MA)

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)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

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)

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)

Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining... More...   $0 (07-05-2018 - OR)

United States of America v. Jose Luis Morales United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Congress has decided that a gun in the hands of a convicted felon is not just bad, but bad enough to be a crime. That legislative decision, coupled with his own bad conduct, proved to have bad consequences for Jose Luis Morales in the form of more than 15 years imprisonment. In this appeal he makes a number of arguments against his conviction and sentence, none of which are good, at least not good... More...   $0 (07-02-2018 - FL)

Araceli Nava a/k/a Araceli Marrufo-Nava v. The State of Texas

On August 29, 2009, around 10:00 a.m., Appellant was on her way home, hit and killed a
bicyclist, Gustavo Vega. Appellant called 911and told the dispatcher she had struck someone
with her vehicle. Appellant explained that she had gotten lost and was looking at her cell phone
when she ran over Vega. In the recorded 911 call, Appellant stated, “I was drinking earlier, and
righ... More...
   $0 (06-30-2018 - TX)

THELMA MULVEY v. SHEILA STEPHENS, JAMES CAMPBELL and NANCY J. CAMPBELL, husband and wife

Jack Mulvey (“Decedent”) died testate with two surviving children and a spouse. His first wife and one son, Kevin Mulvey, predeceased him. The
2

Decedent’s daughter, Sheila Stephens (“Daughter”), sued the Decedent’s second wife, Thelma Mulvey (“Widow”). The Daughter claimed the Widow exerted undue influence on the Decedent and interfered with her expected inheritance. To provid... More...
   $0 (06-28-2018 - FL)

SUK C. KIM v. JUNG HYUN CHANG THE SECOND DISTRICT COURT OF APPEAL

The evidence taken in the light most favorable to the judgment reflects the following. Born in South Korea, Ms. Chang moved to the United States in 1999. Her sister, Sook Chang, was married to Mr. Kim and lived in Tampa. Mr. Kim and Sook Chang had a grocery store on Hillsborough Avenue. Ms. Chang and her son moved in with Mr. Kim and Sook Chang, and Ms. Chang worked at the store. Mr. Kim and ... More...   $0 (06-27-2018 - FL)

Rose Peralta v. The Vons Companies, Inc.

This appeal arises from a slip and fall accident at a Vons
grocery store. Rose and Raul Peralta1 (collectively, Peraltas)
argue the trial court improperly entered summary judgment for
The Vons Companies, Inc. (Vons), as there were triable issues of
material fact that should have been decided by a jury. Vons
argues there is no admissible evidence showing Vons breached its
du... More...
   $0 (06-27-2018 - CA)

Rana Samara v. Haitham Matar

When a trial court judgment rests on more than one ground, it may be
impossible for a losing party to obtain appellate review of all of the court’s
determinations. In a breach of contract action, for example, a trial court might
grant a defense motion for summary judgment because no contract was formed,
and because in any event there was no breach. On direct review, an appellateMore...
   $0 (06-26-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER SCOTT FUTRELL

On January 31, 2015, Ryan Platt's vehicle was parked at an event that his business, RP Entertainment, was hosting. Platt alleged that, on that evening, someone smashed one of the windows of his vehicle and took approximately $5,000 in cash from within.

Almost three weeks later, Platt reported another crime. He claimed that, on February 20, 2015, someone cut open the screen door to his ... More...
   $0 (06-22-2018 - KS)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

UNITED STATES OF AMERICA v. JUAN H. RAMOS

Ramos’s status as a career offender is dictated by his criminal record, which includes several prior felony convictions. First, in July 1998, Ramos “threw a brick at the nose of a 10-year-old child,” who then required medical treatment at a local hospital.1 As a result, Ramos pled guilty to aggravated assault in the Philadelphia County Common Pleas Court.2 Second, in October 1999, Ramos was app... More...   $0 (06-21-2018 - PA)

Sean Stentiford v. Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Boston, MA - Jury Awards $18.4 Million In Damages To Plaintiff On Medical Malpractice Claim

Sean Stentiford sued Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. on personal injury medical malpractice theory claiming the he was not tested and was not treated for HIV with the result that he developed AIDS.

02/05/2018 93 Assented to MOTION for Hearing by John Doe.(Angueira, Dav... More...
   $18400000 (06-20-2018 - MA)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

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