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Contributory Negligence Law
 
UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

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)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Lee Manning v. Zurich American Insurance Company and Safeway Insurance Company

Jackson, MS - Lee Manning sued Zurich American Insurance Company and Safeway Insurance Company on a personal injury auto negligence insurance law theory.... More...   $0 (07-11-2018 - MS)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

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)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

Dominique Lopez, a Minor, etc. v. Sony Electronics, Inc.

When a child is allegedly harmed by in utero exposure to hazardous
chemicals, which statute of limitations applies: that for toxic exposure claims
(Code Civ. Proc., § 340.8, subd. (a)),
1 or that for prenatal injuries (§ 340.4)? The
answer determines the viability of this lawsuit. Because the toxic exposure statute
was more recently enacted, and its language plainly encompasses... More...
   $0 (07-08-2018 - CA)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

STATE OF KANSAS v. AMBER DAWN BARNES

If government agents want to search a person's home, the Fourth Amendment to the United States Constitution requires them to present facts to a judge establishing probable cause for a warrant. Those facts must be sufficiently concrete and detailed to allow the judge to make an independent evaluation of the propriety of the request. Conclusions and generalities are not facts, and government agents... More...   $0 (07-06-2018 - KS)

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)

TROY D. PRICE, JR. and ATLANTIC RO-RO CARRIERS, INC.; BALTIC MERCUR JOINT STOCK COMPANY v. MOS SHIPPING CO., LTD.

Troy D. Price, Jr., appeals the district court’s order entering judgment in favor of
Mos Shipping Co., Ltd. (“Mos”), following a jury trial, and the district court’s order
denying Price’s Fed. R. Civ. P. 59(a) motion for a new trial. Mos cross-appeals,
challenging the district court’s orders denying its pretrial motion for summary judgment
and granting the pretrial motion in l... More...
   $0 (07-06-2018 - MD)

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)

UNITED STATES OF AMERICA v. GREGORY JOEL SITZMANN United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

On May 21, 2012, following a 23-day trial, a jury found appellant Gregory Sitzmann guilty of one count of conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and § 846 (2012). The Government presented evidence at trial that, from approximately 1990 to 2004, Sitzmann participated in a conspiracy to traffic large... More...   $0 (07-05-2018 - DC)

State of Wisconsin v. Joseph T. Langlois

The events of February 4, 2014, are not subject to significant dispute.3 Langlois, then 17 years old, had stayed home from school that day, and Jacob, then 20 years old, was home packing some things before leaving for the military.4 When Karen, their mother, came home from work at about 1:40 p.m., they were both in their rooms. She checked on Langlois first, who told her that Jacob was pa... More...   $0 (07-04-2018 - WI)

Cintas Corp. No. 2 v. Becker Property Services LLC

Becker Property Services LLC ("Becker") and Cintas Corporation No. 2 ("Cintas") executed a contract containing indemnification and choice-of-law provisions. A dispute arose over whether the contract entitles Cintas to indemnification for damages caused by its own negligence. To answer that question, we must also resolve a threshold dispute: As between Wisconsin and Ohio, which law provid... More...   $0 (07-04-2018 - WI)

Security Bank & Trust Company vs. Larkin, Hoffman, Daly & Lindgren, Ltd.

Larkin drafted a will and revocable trust agreement for Gordon P. Savoie in 2009.
Following a number of specific bequests, Article 7 of the trust agreement directed that 45
percent of the remaining trust assets be distributed to a beneficiary who was more than 37.5
years younger than Savoie. As a result, the distribution was subject to a
generation-skipping transfer tax total... More...
   $0 (07-04-2018 - MN)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

STATE OF IOWA vs. ABRAHAM K. WATKINS Iowa prosecutor ousted from office over harassment findings

In May 2013, Abraham Watkins was sworn into the Iowa bar and subsequently opened a solo practice in Keosauqua, Iowa. Watkins operated his law practice out of an office located on the first floor or main level of the two-story home he shared with his family. Watkins and his family mostly lived upstairs. However, the home’s kitchen, laundry room, and one of the two bathrooms are located on the ma... More...   $0 (07-04-2018 - IA)

United States of America v. Simone Swenson Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

We decide whether the district court abused its discretion by dismissing an indictment with prejudice because the prosecution missed pretrial discovery deadlines, mistakenly withheld some relevant documents until the eve of trial, and committed other errors that led the district court to conclude the “integrity of the prosecution ha[d] been destroyed.” We reverse the dismissal order and remand for... More...   $0 (07-03-2018 - TX)

Cathy Beil v. Dr. Atiq Durrani Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cincinnati, OH - Jury Finds In Favor of Plaintiff On Fraud Claim Against Doctor.

Cathy Beil sued Dr. Atiq Durrani on a fraud theory claiming that he performed an unnecessary back surgery on her that left her worse off in 2009.

Beil also sued the UC Health System on a negligence theory claiming that it failed to exercise due care in giving him operating privileges and allowing him... More...
   $35000 (07-03-2018 - OH)

STATE OF IOWA vs. BION BLAKE INGRAM SUPREME COURT OF IOWA

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
3
vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...
   $0 (07-03-2018 - IA)

Ezana B. Hailu v. Clinton Paxton and Omni Industrial Solutions, L.L.C. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Oklahoma City, OK - Ezana B. Hailu sued Clinton Paxton and Omni Industrial Solutions, L.L.C. on personal injury auto negligence theories.... More...   $0 (07-02-2018 - OK)

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