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Comparative Fault Law
 
Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

STATE OF OHIO v. TONY L. SCOTT

This case arises from the September 30, 2013, shooting death of Dominque
Gentry. On that date, Gentry and his friend, David Banks, were in Gentry’s vehicle.
Gentry was driving a black Chevrolet Tahoe and Banks was in the passenger seat. At
approximately 7:28 p.m., they arrived at the All-in-One gas station located in Dayton.
Gentry went into the building, made a purchase,... More...
   $0 (12-31-2017 - OH)

UNITED STATES OF AMERICA v. KAMAL KING-GORE The United States Court of Appeals for the District of Columbia Circuit

On June 10, 2010, King-Gore sold 60.6 grams of cocaine base to a confidential informant in exchange for $2,350. During the transaction, King-Gore offered to sell the informant larger amounts of cocaine and to set up other deals, including for PCP, though the record offers us no detail to quantify “larger.” Twenty months later, he was arrested for the June 10 sale and was found to have, on his pe... More...   $0 (12-31-2017 - )

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

STATE OF MONTANA v. LEE COCHRAN AKERS SUPREME COURT OF THE STATE OF MONTANA

Akers travelled from Tennessee to Montana with four friends, Terri Gilley (Gilley),
Myron Tipton (Tipton), Terri McFarland, and Scott Marcha, to attend a music concert.
While in Montana, the group also visited Yellowstone National Park and stayed in a cabin
in Park County. Gilley and Akers had several arguments during the trip and on September
1, 2015, a physical altercation ... More...
   $0 (12-30-2017 - MT)

STATE OF MONTANA v. STEPHEN EDWARD SANTILLAN

A.C. was tragically injured in July 2013 while in Santillan’s care. She is the
daughter of Danielle, Santillan’s girlfriend, and Mitch and was born in August 2010.
Danielle and Mitch shared parenting time pursuant to an informal agreement; Danielle
parented A.C. from Sunday evening until Thursday evening, while Mitch parented A.C.
from Thursday evening until Sunday evening. Be... More...
   $0 (12-30-2017 - MT)

STATE OF MONTANA v. JEFFORY A. LAFIELD

On November 15, 2014, Missoula County Sheriff Deputy Ross Jessop (Deputy
Jessop) was driving southbound on Montana Highway 93. He observed a red 1997
Suzuki automobile swerve over the fog line. Deputy Jessop observed the vehicle
following traffic too closely, nearly collide with another vehicle, and nearly collide with
Deputy Jessop’s marked patrol car. Deputy Jessop initiat... More...
   $0 (12-30-2017 - MT)

Alonso Donell Irving v. The State of Texas Houston County jury sentences man involved in Lovelady bank robbery to 45 years

Appellant was charged by indictment with aggravated robbery. He pleaded “not guilty” and the matter proceeded to a jury trial. During voir dire, the State sought to exercise a peremptory strike against Venire Member Number 21, who is African American. Appellant objected to this strike pursuant to Batson v. Kentucky, 476 U.S. 79, 86, 106 S. Ct. 1712, 1717, 90 L. Ed. 2d 69 (1986).1 The State res... More...   $0 (12-28-2017 - TX)

In the Interest of E. C. A. and A. A. G., children v. Department of Family and Protective Services

In this accelerated appeal, appellant, J.I.A. (“Mother”), challenges the trial court’s decree terminating her parental rights to her minor children, E.C.A. and A.A.G. In six issues, Mother argues that the evidence was legally and factually insufficient to support (1) the termination of her rights under Texas Family Code section 161.001(b)(1)(D); (2) the termination of her rights under Texas Family... More...   $0 (12-28-2017 - TX)

Gustavo Wahlenberg v. The State of Texas Jury convicts Montgomery County man, 73, of murder in self-defense trial

Wahlenberg was charged by indictment for killing Patrick Kelly by shooting
him with a firearm. Wahlenberg pleaded not guilty to the charge and the case was
tried to a jury, where Wahlenberg asserted self-defense and defense of a third party.
Wahlenberg lived with his disabled long-term girlfriend, Brenda1, in a mobile
home on a large rural tract of property in Montgomery Count... More...
   $0 (12-28-2017 - TX)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Carolyn Jackson, Individually and on behalf of Jeffrey E. Jackson, deceased, Natosha Celestine and Terrance Jackson v. Daniel Garber Stroud, M.D.

This is an appeal from a take-nothing judgment entered after a jury trial in a medical malpractice case. Carolyn Jackson sued Daniel Garber Stroud, M.D., over the death of her husband, which occurred shortly after Stroud performed surgery
2
on him. During voir dire, Stroud, who is Caucasian, used three of his peremptory strikes to remove all black panelists from the panel of potential juro... More...
   $0 (12-21-2017 - TX)

Jeremy Michael Strauser v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

The parties dispute which standard of review applies to this appeal. Strauser argues legal
and factual sufficiency standards of review apply, while the State argues the factual-sufficiency
standard is “extinct” and only the Jackson v. Virginia sufficiency standard applies.
In Brooks v. State, 323 S.W.3d 893, 902 (Tex. Crim. App. 2010), the court of criminal
appeals explained t... More...
   $0 (12-18-2017 - TX)

S.V. Gopalratnam v. Hewlett-Packard Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs’ son tragically perished in a fire at plaintiffs’ home in June 2010. Believing that the fire was caused by a defective lithium ion battery cell from their son’s laptop, plaintiffs filed a products liability suit against separate manufacturers of the laptop, battery pack, and indi-vidual battery cells. Plaintiffs supported their causation the-ory solely through testimony from two expert ... More...   $0 (12-17-2017 - WI)

Denise Michelle Duncan v. Wal-Mart Stores, Inc.

Respondent Denise Michelle Duncan sued Wal-Mart Stores, Inc.
(Wal-Mart) for personal injuries she sustained at one of Wal-Mart’s stores while acting
within the course and scope of her employment with Acosta, Inc. (Acosta). The trial
court entered judgment finding Wal-Mart liable for Duncan’s injuries. Under Labor
Code sections 3852 and 3856,1
appellant Hartford Accident & Indem... More...
   $0 (12-17-2017 - CA)

In the Interest of L. D. child v. Department of Family and Protective Services

These appeals arise from a decree terminating the parental rights of both a mother and a father to their biological child, L.D. Both parents contend that the evidence was insufficient to support the trial court’s decree. The father additionally asserts that the evidence was insufficient to support the appointment of the
2
Department of Family and Protective Services, rather than the child’... More...
   $0 (12-14-2017 - TX)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

Justin Hammett v. Paulding County, Georgia, City of Dallas, Georgia, Nathalie D. Whitner and JOseph Mayfield Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

On October 17, 2012, police officers Joey Horsley, Nathalie Whitener, and
Joseph Mayfield, defendants-appellees in this case, executed a search warrant at a
private residence in Hiram, Georgia, intending to seize methamphetamines
suspected to be in the possession of Brenda Van Cleve. During the execution of
the warrant, a confrontation ensued. Each of the officers fired one shot, t... More...
   $0 (12-11-2017 - GA)

Jeffrey Chase Appleby v. The State of Texas

Jeffrey Chase Appleby appeals his conviction for aggravated assault involving family
violence and causing serious bodily injury with a deadly weapon. The trial court assessed
punishment at twenty-five years’ imprisonment. In a single issue, appellant contends the
sentence constitutes cruel and unusual punishment. We affirm the trial court’s judgment.
Appellant waived a jury ... More...
   $0 (12-09-2017 - TX)

Connie Sue Cason v. The State of Texas Garland Woman Sentenced To 15 Years In Deaths Of Lucas Couple

The indictment in this case alleged in part that on August 25, 2013, appellant recklessly
caused the deaths of two individuals, Dale and Laura Thomas, by striking a motor vehicle
operated by Dale Thomas and occupied by Laura Thomas. Specifically, the indictment stated
appellant acted by (1) “operating a motor vehicle and by failing to maintain a single lane,” (2)
–2–
“ope... More...
   $0 (12-09-2017 - TX)

Mark French v. Blair Jones Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Montanans select their judges through nonpartisan
popular elections. In an effort to keep those elections
nonpartisan, Montana has restricted judicial-campaign
speech. One of those restrictions is before us—a rule that
prohibits candidates from seeking, accepting, or using
political endorsements in their campaigns. Mark French, a
judicial candidate who wishes to seek and us... More...
   $0 (12-09-2017 - MT)

Ronald Curry v. State of Tennessee Ronald K Curry - Registered Sex Offender

On December 17, 2013, the petitioner, who was twenty-one at the time of the offense, pled guilty to rape of a child for which he received a sentence of twenty-five
years in confinement to be served at 100%. The facts underlying the plea, as explained by the State, were as follows:
Had this matter gone to trial, the State’s proof would have been that on July 23[], 2012, Memphis Police Dep... More...
   $0 (12-08-2017 - TN)

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