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Comparative Fault Law
 
UNITED STATES OF AMERICA v. GERALD ADRIAN WHEELER, a/k/a Bay-Bay UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

In the district court, Gerald Wheeler (“Appellant”) sought to have his habeas
corpus petition heard on the merits by means of the “savings clause” per 28 U.S.C.
§ 2255(e). The savings clause provides that an individual may seek relief from an illegal
detention by way of a traditional 28 U.S.C. § 2241 habeas corpus petition, if he or she
can demonstrate that a § 2255 motion is ... More...
   $0 (03-28-2018 - NC)

State of Tennessee v. Brandon Lacy Franklin

On September 17, 2014, Defendant pled guilty to one count of sale of more than .5 grams of cocaine.1 The State summarized the facts of the case as follows:
[O]n May 20th of 2014, the Hermitage Crime Suppression Unit of the Metro Nashville Police Department utilized a confidential informant [�CI�] to conduct a narcotics operation in the Family Dollar parking lot here in Davidson County. Th... More...
   $0 (03-28-2018 - TN)

Scott Cuba v. USIC Locating Services, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Kansas City, KS - Scott Cuba sued USIC Locating Services, LLC on a personal injury negligence theory.

Date Filed # Docket Text
01/31/2018 36 RESPONSE by Plaintiff Scott Cuba re 32 MOTION to Strike Plaintiff's Expert Designations (Attachments: # 1 Exhibit Amended Expert Disclosures)(Schmitt, Bernard) (Entered: 01/31/2018)
02/02/2018 37 NOTICE of Expert Disclosures by USIC Locati... More...
   $0 (03-26-2018 - KS)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights
craft plays. And television writers, directors, and producers
create television shows and put them on the air -- or, in these
modern times, online. The First Amendment protects these
expressive works and the free speech rights of their creators.
Some of these works are fiction. Some are factual. And some are
a combinat... More...
   $0 (03-26-2018 - CA)

John R. Turner v. United States of America Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Appellant John Turner asks us to overrule
nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does
not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614–
15 (6th Cir. 2000) (citing United States v. Sikora, 635 F.2d 1175 (6th Cir. 1980)). We decline to
do so. Our rule—copied word for word from the Supreme ... More...
   $0 (03-26-2018 - TN)

Karen Hayes v. Temecula Valley Unified School District

Karen Hayes appeals a judgment denying her writ of mandate petition seeking an
order directing the Temecula Valley School District (District) to reinstate her as a middle
2
school principal. The District removed Hayes as principal and reassigned her to a
teaching position for the 2015-2016 school year under its statutory authority to reassign a
school principal without cause. ... More...
   $0 (03-26-2018 - CA)

Norma Serrano v. Aerotek, Inc.

Plaintiff Norma Serrano brought this lawsuit against her former employer,
Aerotek, Inc., which placed her as a temporary employee with its client, Bay Bread, LLC.
She raised four causes of action against Aerotek and Bay Bread based on their alleged
failure to provide meal periods. On appeal, she challenges an order granting summary
judgment to Aerotek, arguing the trial court erred... More...
   $0 (03-25-2018 - CA)

LAZARO V. GUERRA-HERNANDEZ vs. STATE OF MISSOURI

On June 8, 2015, Guerra-Hernandez was charged by an amended information with three
counts: 1) second-degree assault of a law enforcement officer; 2) driving while intoxicated; and
3) driving while license was revoked. Guerra-Hernandez pled guilty on all counts. On July 20,
2015, judgment was entered finding Guerra-Hernandez guilty on all charges. On July 29, 2015,
... More...
   $0 (03-24-2018 - MO)

STATE OF LOUISIANA vs. KENDALL HARRISON

NOPD 911 operator Ms. Shondrell Isadore testified that every 911 call for
police assistance is recorded, assigned an item number and generates an incident
recall report. The item number assigned the 911 call in this case was A-034256
12. Ms. Isadore identified State’s Exhibit 2 as the recording of the 911 call, made
by Jeremy Ballard on January 25, 2012, at approximately 7:11 ... More...
   $0 (03-24-2018 - LA)

Marlyn Sali v. Corona Regional Medical Center, UHS of Delaware, Inc. Central District of California Federal Courthouse - Los Angeles, California

The discovery process in theory should be cooperative and largely unsupervised by the district court. But when required disclosures aren’t made or cooperation breaks down, Federal Rule of Civil Procedure 37 allows a party to move for an order compelling disclosures or discovery. If the order is disobeyed, the court can impose contempt and other sanctions. Federal Rule of Civil Procedure 45, which ... More...   $0 (03-19-2018 - CA)

Marlyn Sali v. Corona Regional Medical Center, UHS of Delaware, Inc. Central District of California Federal Courthouse - Los Angeles, California

The discovery process in theory should be cooperative and largely unsupervised by the district court. But when required disclosures aren’t made or cooperation breaks down, Federal Rule of Civil Procedure 37 allows a party to move for an order compelling disclosures or discovery. If the order is disobeyed, the court can impose contempt and other sanctions. Federal Rule of Civil Procedure 45, which ... More...   $0 (03-19-2018 - CA)

Petrolink, Inc. v. Lantel Enterprises

In this appeal, plaintiff Petrolink, Inc. (Petrolink) seeks a modification of a
judgment entered in its favor on its cause of action for specific performance. Petrolink
leased a parcel of undeveloped property from defendant Lantel Enterprises (Lantel),
2
pursuant to a lease agreement that included a provision allowing the lessee to purchase
the property at the fair market valu... More...
   $0 (03-19-2018 - CA)

Tylon C. Outlaw v. City of Hartford District of Connecticut Federal Courthouse - Hartford, Connecticut

1 Appeal by plaintiff from so much of a judgment of the United States
2 District Court for the District of Connecticut, Geoffrey W. Crawford, Judge, as granted
3 summary judgment dismissing his claims against defendant City of Hartford (the
4 "City"), brought principally under 42 U.S.C. § 1983, for failing to supervise its police
5 officers with respect to appropriate use of force;... More...
   $0 (03-13-2018 - CT)

United States of America v. Thung Van Huynh Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Thung Van Huynh pleaded guilty in the United States District Court for the Middle District of Pennsylvania to conspiracy to commit bank and wire fraud. The District Court sentenced Huynh to 70 months’ imprisonment in part based on its findings that he was subject to sentencing enhancements for being an organizer or leader of the conspiracy and for relocating the conspiracy to evade detection by th... More...   $0 (03-13-2018 - PA)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Klean W. Hollywood, LLC v. The Superior Court of California, Langston Jackson, Real Party in Interest

Petitioner Klean W. Hollywood, LLC (Klean), a voluntary
drug abuse treatment facility, was sued by real party Langston
Jackson, who had enrolled at the facility to obtain treatment
for drug addiction. Jackson blamed Klean for the injuries he
suffered after smuggling heroin into his room and injecting it
late one night. Jackson claimed that Klean was negligent in
failing to ... More...
   $0 (03-12-2018 - CA)

Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, et al. District of Colorado Federal Courthouse - Denver, Colorado

Kenneth Jerome Dawson appeals the dismissal of his action brought pursuant
to 42 U.S.C. § 1983 in which he asserts a violation of his Fourteenth Amendment
substantive due process rights. Dawson challenges the official policies of the
Jefferson County Jail. Due to the timing of Dawson’s detention, the timing of his
posting of bond, and the court-ordered release condition that Dawson... More...
   $0 (03-10-2018 - CO)

James Webb v. Solarcity Corporation; Lyndon R. Rive; Robert K. Kelly Northern District of California Federal Courthouse - San Francisco

Plaintiff-Appellant James Webb brought this class action
lawsuit against Defendants-Appellees SolarCity
Corporation (SolarCity or the company), Lyndon R. Rive,
and Robert D. Kelly on behalf of the class of plaintiffs who
bought SolarCity shares between December 12, 2012—the
date of the company’s initial public offering (IPO)—and
March 18, 2014 (the Class Period). Webb claim... More...
   $0 (03-08-2018 - CA)

Donna Jane Duncan v. CVS Pharmacy, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Dashville, TNonna Jane Duncan sued CVS Pharmacy, LLC on a negligence theory.

ate Filed # Docket Text
02/08/2018 19 SEALED PER DE 35 NOTICE of Filing by Tennessee CVS Pharmacy L.L.C. (Attachments: # 1 Attachment Deposition, # 2 Exhibit Deposition, # 3 Exhibit Deposition, # 4 Exhibit Deposition)(Meyer, William) Modified on 2/16/2018 (afs). (Entered: 02/08/2018)
02/08/2018 20 SEALE... More...
   $0 (03-06-2018 - TN)

Russell Bucklew v. Anne L. Precythe Western District of Missouri Federal Courthouse - Kansas City, Missouri

The issue is whether the Eighth and Fourteenth Amendments, as applied, bar
Missouri officials from employing a procedure that is authorized by Missouri statute
to execute Russell Bucklew.
In March 2006, Bucklew stole a car; armed himself with pistols, handcuffs, and
a roll of duct tape; and followed his former girlfriend, Stephanie Ray, to the home of
Michael Sanders, where she... More...
   $0 (03-06-2018 - MO)

Travis Sakai v. Massco Investments, LLC

Travis Sakai (Sakai) sued Massco Investments, LLC,
(Massco) for negligence and premises liability after he was
struck and then dragged by a vehicle exiting Massco’s
parking lot. The trial court granted summary judgment to
Massco on the ground that there was “no foreseeability and
no duty.” On appeal, Sakai argues that the trial court erred
because the accident was reasonabl... More...
   $0 (03-05-2018 - CA)

Daniel J. Roberts v. Tractor Supply Company and Buffalo Corporation Northern District of Georgia Federal Courthouse - Atlanta, Georgia

Atlanta, GA - Daniel J. Roberts sued Tractor Supply Company and Buffalo Corporation on a products liability and negligence theories claiming that he was injured and damages in the collapse of a deed stand that Plaintiff and two friends bought from Tractor Supply.

Plaintiff and two friends bought a display model deer stand from Tractor supply without assembly instructions. The then put the... More...
   $0 (03-03-2018 - GA)

Luz Elena Delgadillo v. Television Center, Inc.

Plaintiffs Luz Elena Delgadillo, Christian Franco, and
Valeria Franco (plaintiffs) are the surviving wife and children,
respectively, of Salvador Franco (decedent). Decedent fell to his
death while washing windows on a building owned by defendant
Television Center, Inc. (TCI).
Plaintiffs sued TCI for negligence and negligence per se,
alleging that decedent was fatally injur... More...
   $0 (02-27-2018 - CA)

Ralph Janvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Linda Stout, et al. v. Jefferson County Board of Education Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

This appeal requires that we revisit the decades-old task of school desegregation. A racial desegregation order issued in 1971 still governs the Jefferson County Board of Education in Alabama. But beginning in 2012, residents of the City of Gardendale, a predominantly white community in Jefferson County, sought to create a separate, municipal school system. Leaders of a grassroots movement used so... More...   $0 (02-21-2018 - )

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