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Death Law
Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas... More...
   $0 (08-13-2015 - NJ)

Citizens United Reciprocal Exchange v. Sabrina A. Perez

In this appeal we consider whether the issuer of a basic
automobile insurance policy, voided due to a fraudulent
application, must pay the liability claims of innocent third
parties. The insurer takes the position that it should not be
required to pay any claims to injured third parties because
N.J.S.A. 39:6A-3.1 does not mandate a minimum amount of
liability coverag... More...
   $0 (08-13-2015 - NJ)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy ... More...
   $0 (08-13-2015 - CA)

United States of America v. Luke Charles

Providence, RI - Scituate Resident Pleads Guilty to Defrauding Social Security Administration

Collected more than $250,000 in retirement benefits in deceased mother’s name

Luke Clarke, 72, of Hope, R.I., pleaded guilty in federal court in Providence today to fraudulently collecting more than $250,000 in social security benefits in his deceased mother’s name, announced United Stat... More...
   $0 (08-12-2015 - RI)

United States of America v. Larry C. Shelby and Karen Shelby

Martinsburg, WV - Couple convicted of fabricating death to desert from U.S. Coast Guard

Larry C. Shelby, 34, and his wife Karen Shelby, 34, of Martinsburg, were convicted of misleading the U.S. Coast Guard.

Larry Shelby, a non-commissioned officer in the U.S. Coast Guard, conspired with his wife, Karen Shelby to fabricate his own death in an effort to desert from the Coast Guard.... More...
   $0 (08-12-2015 - NC)

Wayne Kubisch v. Ron Neal

Wayne Kubsch appeals the denial
of his habeas corpus petition. After being convicted of
murdering his wife, her son, and her ex-husband, Kubsch
was sentenced to death. Kubsch’s three principal arguments
on appeal are that his conviction and sentence are unconstitutional
because (a) the Indiana trial court excluded evidence
of a witness’s exculpatory but hearsay statement to... More...
   $0 (08-12-2015 - IN)

Detroit Free Press, Inc. v. United States Department of Justice

Detroit Free Press v. United States Department of Justice, 73 F.3d 93
(1996) (Free Press I), held that the Freedom of Information Act requires government agencies to
14-1670 Detroit Free Press, Inc. v. USDOJ Page 2
honor requests for the booking photographs of criminal defendants who have appeared in court
during ongoing proceedings. Despite that holding, the United States Ma... More...
   $0 (08-12-2015 - MI)

State v. Azad Haji Abdullah

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...   $0 (08-12-2015 - ID)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...   $0 (08-12-2015 - UT)

Robinson v. Paul Ray Taylor, M.D. et al.

Dr. Taylor began treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. Over the next three years, Dr. Taylor prescribed various pain medications to treat Mr. Robinson’s pain, including methadone, Lortab, and Demerol. Mr.
1 Dr. Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health car... More...
   $0 (08-12-2015 - UT)

United States of America v. Jonathan Demond Patton

Beaumont, TX - Jefferson County Man Guilty in Carjacking Death

A 25-year-old Beaumont, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Jonathan Demond Patton pleaded guilty today before U.S. Magistrate Judge Keith F. Giblin to carjacking resulting in death.

According to ... More...
   $0 (08-11-2015 - TX)

Jonathan Michael Castro v. County of Los Angeles

Los Angeles, CA - Ninth Circuit affirms judgment against jailers

In October 2009, Jonathan Castro was arrested for being
drunk in public. He was housed in a “sobering cell” at the
Los Angeles Sheriff’s West Hollywood Station where, a few
hours after his arrest, he was savagely attacked by another
intoxicated arrestee who had been placed in the cell with him.
The office... More...
   $0 (08-11-2015 - CA)

Grinnell Mutual Reinsurance v. Kelly Stuart Schmidt

Minneapolis, MN - Eight Circuit finds in favor of insured on insurance policy

Grinnell Mutual Reinsurance Company (Grinnell) appeals the district court's1
grant of summary judgment in favor of Jerome and Kelly Schmidt in this insurance
coverage dispute. The district court determined a farm policy issued to the Schmidts
provided coverage for an accident involving an all-terrain... More...
   $0 (08-11-2015 - MN)

Jamaine Monteil Cannon v. Anita Trammell

Tulsa, OK - Tenth Circuit affirms denial of application for a writ of habeas corpus

Jemaine Cannon was convicted in 1996 of murdering his then-girlfriend,
Sharonda Clarke, and was sentenced to death. After a lengthy state appeals
process, he filed a federal habeas petition in the Northern District of Oklahoma,
which denied relief. In an appeal to this court in 2004, we conclud... More...
   $0 (08-11-2015 - OK)

Joseph Wilcox, et al v. Max Welders, L.L.C., et al

Max Welders is a contractor that provides various offshore construction, fabrication, and repair services. Max Welders employed Wilcox as a welder. During his employment with Max Welders, Wilcox worked in numerous locations, including a fabrication yard in Louisiana and on various rigs, barges, and vessels owned by Max Welders’ customers. Wilcox concedes that during
Case: 13-31281 ... More...
   $0 (08-11-2015 - LA)

In re I.B. 8/11/15 CA2/4

Because compliance with the ICWA is the only issue raised in this appeal, our discussion of the facts and procedural background focuses on the facts relevant to compliance with the ICWA.
The Department filed a juvenile dependency petition on February 1, 2013, alleging that mother “has a history of mental and emotional problems, including a diagnosis of Schizophrenia, Bipolar Disorder, Major D... More...
   $0 (08-11-2015 - CA)


On October 17, 2013, at about 11:00 p.m., Samuel Merlo boarded the J-Church Muni train at Church and Market Streets in San Francisco. He sat down and took out his cell phone. Merlo noticed a group of three or four young men sitting near him talking to each other. At the jurisdictional hearing, Merlo identified Minor as one of the people in this group. Minor was wearing a white shirt and a base... More...   $0 (08-11-2015 - CA)

State v. Joseph D. Herrera

Joseph Herrera appeals from a conviction of second-degree murder. Herrera was holding a firearm that discharged, killing his girlfriend, Stefanie Comack. Herrera argues (1) there was insufficient evidence to support a finding of malice, and (2) improper testimony from a number of witnesses unfairly prejudiced his case. I. FACTUAL AND PROCEDURAL BACKGROUND At the time of the shooting, Herrera and ... More...   $0 (08-10-2015 - ID)

Fernandes v. DAR Development Co

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...
   $0 (08-09-2015 - NJ)

Canisius v. Morgenstern

Peter Canisius, Jr. (Peter), the former
husband of Erin Joy Morgenstern (Erin), appeals from a judgment
of divorce of the Probate and Family Court. He argues that the
judge erred in treating Erin's vested contractual rights to
future payments resulting from the best-selling novel, The Night
1 Chief Justice Rapoza participated in the deliberation on th... More...
   $0 (08-09-2015 - MA)

Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the... More...
   $0 (08-09-2015 - FL)

Shell v. Henderson

Ms. Suzanne Shell sued Mr. Leonard Henderson and Ms. Brenda
Swallow for copyright infringement, unfair trade practices,
misappropriation of trade secrets, and breach of contract. Neither Mr.
Henderson nor Ms. Swallow appeared on the date set for trial. Thus, the
district court declined to proceed with the trial. Instead, the court
conducted a hearing under Fed. R. Civ. P. ... More...
   $0 (08-08-2015 - CO)

Grayson Hare, Jr. v. Shirley Simpson

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees conspired to ... More...   $0 (08-08-2015 - PA)

Joseph Shelton v. John Marshall

Joseph Shelton, who is serving 40 years to life for the brutal kidnapping and murder of Kevin Thorpe and Laura Craig in 1981, appeals from the denial of his petition for a writ of habeas corpus. We hold that the prosecution’s suppression of a material part of its deal with a key witness, Norman Thomas, violated Brady v. Maryland, 373 U.S. 83 (1963), with respect to Shelton’s conviction for the fir... More...   $0 (08-07-2015 - CA)


Arizona Rule of Civil Procedure 17(a) requires a trial court to allow a reasonable opportunity to substitute parties before it dismisses an action for lack of prosecution by the real party in interest. We hold that in order to substitute a party, one must file a Rule 15(a) motion to amend, and the motion may be denied if the court finds undue delay or prejudice.
¶2 Martha and Mario ... More...
   $0 (08-06-2015 - AZ)

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