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Compensatory Damage Law
 
Austin D. Warren v. State of Indiana

The facts underlying Warren’s conviction, as found by this court in his initial
direct appeal, are as follows:
On the evening of October 11, 2015, . . . Warren and his brother were seen drinking alcohol at a bar. Later that evening, as Warren drove his truck in White County, he struck a car driven by Deborah Barkas. Barkas’ thirteen-year-old daughter, H.O., was in the car. Warren’s tr... More...
   $0 (04-25-2018 - IN)

STATE OF MISSOURI v. LISA M. WEST

Defendant was charged by substitute information in lieu of indictment with
involuntary manslaughter in the first degree, by recklessly causing the death of Victim by
striking his head, or by striking his head against an object, or by shaking him, or by a
combination thereof. Defendant challenges the sufficiency of the evidence to support her
conviction. Viewed in the light mo... More...
   $0 (04-25-2018 - MO)

ERIC BENARD ROUNDS v. STATE OF ARKANSAS

Eric Rounds appeals from the sentencing order entered by the Pulaski County Circuit Court after a conditional plea of guilty. He challenges the court’s denial of his motion to suppress. We reverse and remand.
On November 26, 2016, Rounds was stopped by Little Rock police officer, Sergeant Jeffrey Plunkett, and a firearm was found in Rounds’s possession. He had a prior felony convi... More...
   $0 (04-25-2018 - AR)

IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

United States of America v. MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest) Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - The U.S. Government and Pennsylvania Settle With MarkWest for Air Emission Violations at Natural Gas Facilities

The Department of Justice, the U.S. Environmental Protection Agency, and the Pennsylvania Department of Environmental Protection announced a settlement today with MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest), which is expe... More...
   $0 (04-24-2018 - PA)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

State of Nebraska v. James Cotton

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...
   $0 (04-23-2018 - NE)

David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

STATE OF MISSOURI v. DENNIS JUDSON MATTHEWS

At the time of the underlying conduct, Matthews and Rebecca Matthews1 lived in Richmond with their four children. Their oldest daughter, Karen,2 was four years old at the time; daughter Sara was two years old; and their son Leon was one year old. In addition to their three infants, Matthews and Rebecca had a threeweek-old newborn, daughter Alice. On the morning of August 18, 2012, Matthews was h... More...   $0 (04-22-2018 - )

IN THE INTEREST OF: B.P., JUVENILE OFFICER, vs. H.P.(MOTHER) MISSOURI COURT OF APPEALS WESTERN DISTRICT

This is an ongoing juvenile case. It began in October 2016 when the Juvenile Officer filed
a delinquency petition alleging that twelve-year-old B.P. committed the class D felony of
tampering with a motor vehicle and the class B misdemeanor of property damage. An adjudication
and disposition hearing was held in January 2017, and B.P. admitted the allegations. The circuit
2 More...
   $0 (04-22-2018 - MO)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

John Binkowski v. Vincent Holland Grand Island Express, Inc., Grand Island Services, Inc., GIX Logistics, Inc., et al. Porter County Courthouse - Valparaiso, Indiana

Valparaiso, IN - John Binkowski, age 22, sued Vincent Holland Grand Island Express, Inc. on auto negligence and respondeat superior theories claiming that he was severely injured and damages as a direct result on being injured in a automobile semi-tractor trailer accident on Indiana Highway 49 in Porter County, Indiana on on March 7, 2015.

Binkowski's vehicle was hit from behind while st... More...
   $16500000 (04-22-2018 - )

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

STATE OF KANSAS v. LEROY K. BRIGGS

Leroy K. Briggs appeals from what he claims to be an erroneously imposed sentence. He argues that the sentencing court erred in classifying his two prior Missouri convictions for resisting or interfering with arrest under Mo. Rev. Stat. § 575.150 (2000 and 2012 Supp.) as person offenses for criminal history purposes. The sentencing court based its ruling on its determination that the Missouri cr... More...   $0 (04-20-2018 - KS)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER LEE JONES

On February 27, 2012, Jones entered into a plea agreement in two separate Saline County cases. Jones agreed to plead guilty to a misdemeanor charge of theft of scrap metal in one case and to misdemeanor counts of theft and criminal damage in the second
2
case. In exchange, the State agreed to dismiss the remaining felony charges of burglary in the second case. The State also agreed to re... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. SHAWN E. COLLINS, JR.

On June 25, 2015, Collins pled guilty to a single count of possession of methamphetamine. In exchange, the State agreed to join Collins' sentencing recommendation for a dispositional departure to probation. The district court sentenced Collins to a prison term of 42 months but granted the parties' joint request for a dispositional departure sentence and imposed a 12-month term of probation, to beg... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

Garrett does not claim the district court erred in treating his California crime as a felony. He limits his argument to whether his California crime should be treated as a person crime. He claims that Kansas does not have a comparable burglary statute, so his California conviction must be classified as a nonperson crime.

Garrett raises an issue of statutory interpretation under the Ka... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. TERRY B. CLEATON

The stipulated facts are in the record and need not be repeated here, as the parties are bound by their submission to the court. Highly summarized, the facts show that on December 21, 2013, while Cleaton was driving his van near the intersection of Central and Hillside in Wichita, a Wichita police officer saw Cleaton's van crash into a dark colored SUV. The SUV stopped, but Cleaton did not. The of... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Cheryl Currid v. Coit Cleaning & Restoration Services First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

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