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Conflict of Law Law
 
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)

Machelle Wynne v. Menard, Inc ., and Praetorian Insurance Company

Wynne was employed by Menard and worked at a Menard
store in Scottsbluff, Nebraska. She was injured on the job on
two different occasions—a knee injury suffered on September
25, 2013, and a shoulder injury suffered on July 8, 2014.
On August 7, 2015, the Workers’ Compensation Court found
that Wynne had been injured in the scope and course of
her employment, that she had not... More...
   $0 (04-23-2018 - NE)

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)

STATE OF MONTANA v. MICHAEL GORDON BEAUCHMAN

Pursuant to Section I, Paragraph 3(c)of ourInternal Operating Rules, we decide this
case by memorandum opinion, which shall not be cited and does not serve as precedent.
In the opinion of the Court, the case presents a question controlled by settled law or by the
clear application of applicable standards of review. The case title, cause number, and
disposition shall be includ... More...
   $0 (04-23-2018 - MT)

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 LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

State of Louisiana v. Billy R. Meadows, Jr.

On January 10, 2017, Billy R. Meadows pled guilty to second degree
cruelty to a juvenile, and was subsequently adjudicated a fourth felony
offender pursuant to La. R.S. 15:529.1. As a result of the habitual offender
adjudication, Meadows’ sentence was enhanced from 40 years of
imprisonment at hard labor to imprisonment for the rest of his natural life.
Meadows urges the f... More...
   $0 (04-21-2018 - LA)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... 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)

Andrew Michael Psyk v. The State of Texas

At around 6:00 a.m. on the morning of October 20, 2013, at least two
witnesses contacted 911 after observing a dark SUV driving erratically on Interstate
59 northbound. One witness stayed on the phone with the 911 operator and followed
behind the vehicle until a state trooper arrived on the scene.
When the trooper located the vehicle, he followed it for a short period of time ... More...
   $0 (04-19-2018 - TX)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

STATE OF KANSAS v. ANITA SHANAIL CLARK

As a result of the plea negotiations with the State, Clark agreed to plead no contest to one count of conspiracy to distribute Hydrocodone, a drug severity level 3 felony. In return, the State agreed to dismiss all other charges. The parties also agreed that Clark was permitted to file departure motions and the State could oppose the motions. Clark signed an acknowledgment of rights and entry of p... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. JERRID LOGAN

On July 7, 2015, the State charged Logan with the following: (1) one count of aggravated kidnapping, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5408(b); (2) one count of rape, a severity level 1 person felony in violation of K.S.A. 2015 Supp. 21-5503(a)(1)(A); (3) two counts of aggravated criminal sodomy, each severity level 1 person felonies in violation of K.S.A. 2015... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES Arkansas Supreme Court

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees... More...
   $0 (04-15-2018 - AR)

RAKESH SRIVASTAVA and SHARMILA SHANKAR, Appellants, v. UNIVERSITY OF KANSAS, a/k/a UNIVERSITY OF KANSAS MEDICAL CENTER, a/k/a STATE OF KANSAS (HARTMUT JAESCHKE, CODY TULLY, PAUL TERRANOVA, and ROY JENSEN University of Kansas

Dr. Rakesh Srivastava and Dr. Sharmila Shankar, who are husband and wife, both worked for the University of Kansas Medical Center (KUMC). For different reasons, KUMC terminated Dr. Srivastava's and Dr. Shankar's employment. Believing that they were wrongfully terminated, Dr. Srivastava and Dr. Shankar sued University of Kansas (KU), as the institutional organization governing KUMC. Later, howeve... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. JAMES E. DAVIS

On February 22, 2017, Davis pled guilty to two counts of sexual exploitation of a child, a severity level 5 person felony, and no contest to one count of sexual battery, a
class A person misdemeanor. All three crimes were committed on November 11, 2016. The district court originally sentenced Davis to a total of 89 months' incarceration followed by a 24-month term of postrelease supervision. ... More...
   $0 (04-14-2018 - KS)

STATE OF KANSAS v. GARY M. MOORE

On August 7, 2015, Moore was charged with one count of unlawfully tampering with electronic monitoring equipment. Moore retained David Phillip Leon as counsel, who then entered his appearance on August 10, 2015. Throughout the pendency of his case, Moore was serving an underlying prison sentence. During this time, he filed several pro se motions, including a motion to dismiss his counsel and a mot... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER MARINELLI State Supreme Court Judicial Center

The State charged Marinelli with aggravated assault, alleging:

"[O]n the 3rd day of May, 2013, in Riley County, Kansas, Christopher Neil Marinelli did then and there unlawfully, feloniously, and knowingly place [victim] in reasonable apprehension of immediate bodily harm with a deadly weapon, to wit: knife." (Emphasis added.)

Marinelli pleaded no contest and executed two docu... More...
   $0 (04-14-2018 - KS)

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

STATE OF KANSAS v. SHEENA THOMAS

A jury convicted exotic dancer Sheena Thomas of one count of aggravated battery with a deadly weapon against her fellow dancer, Traci Borntrager. The attack occurred at an establishment called Pleasures, the two women's place of work. The weapon in question—a stiletto heel—was an accoutrement of the trade. Following her conviction, the district court sentenced Thomas to serve 24 months' probation ... More...   $0 (04-14-2018 - KS)

Rodeo Citizens Association v. County of Contra Costa, Phillips 66 Company, Real Party in Interest Contra Costa County Courthouses - Martinez, California

The County of Contra Costa (the county) certified an environmental impact report
(EIR) and approved a land use permit for a “Propane Recovery Project” at an oil refinery
owned and operated by Phillips 66 Company (Phillips) in Rodeo, California. In response
to consolidated petitions filed by Rodeo Citizens Association (Citizens) and others,1
the trial court issued a peremptory writ ... More...
   $0 (04-14-2018 - CA)

Association for Accessible Medicines v. Brian E. Frosh, et al. District of Maryland Federal Courthouse - Baltimore, Maryland

The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce ... More...   $0 (04-13-2018 - MD)

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