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Emotional Distress Law
 
A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

J.H. v. The Superior Court of San Luis Obispo County, San Luis Obispo County Department of Social Service, Real Party in Interest

In People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez),
our Supreme Court clarified the test for admitting expert opinion
testimony. Although Sanchez was a criminal case, its limitations
extend beyond the scope of criminal law: to proceedings under
the Sexually Violent Predator Act (People v. Burroughs (2016) 6
Cal.App.5th 378), to conservatorship proceedings
2
(Conserva... More...
   $0 (02-16-2018 - CA)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
2
BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

United States of America v. Christopher Duane Davis and Charity Noel Germain District of Alaska Federal Courthouse - Fairbanks, Alaska

Fairbanks, AK - Fairbanks Couple Sentenced for Producing and Distributing Child Pornography

A Fairbanks couple has been sentenced in federal court for producing and distributing child pornography.

Christopher Duane Davis, 32, of Fairbanks, was sentenced February 2, 2018 by U.S. District Judge Ralph R. Beistline, to serve 35 years in prison, followed by a lifetime term of supervis... More...
   $0 (02-10-2018 - AK)

Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,... More...
   $0 (02-10-2018 - CA)

Juan D. Vega, Jr. v. United States of America, et al. Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu... More...   $0 (02-09-2018 - WA)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Dana Jennifer Engstrom v. James McCarthy

¶1 Dana Engstrom (“Mother”) and James McCarthy (“Father”)
both challenge the parenting time and legal decision-making terms of the
decree dissolving their marriage. Because we find their Arizona Rule of
Family Law Procedure (“Rule”) 69 agreement binding and no explanation
in the record for any modification, we vacate the legal decision-making and
parenting time orders and reman... More...
   $0 (02-05-2018 - AZ)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

STATE OF NORTH CAROLINA v. ARMOND DEVEGA

On 17 November 2008, a Wake County Grand Jury indicted Defendant for two
counts of first-degree murder, one count of attempted first-degree murder, and nine
counts of robbery with a dangerous weapon. After considering several pre-trial
motions, the Wake County Superior Court called Defendant’s case for trial on 24
February 2014. The State called over ninety witnesses. The fo... More...
   $0 (01-30-2018 - NC)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)

STATE OF OHIO v. LINDRELL E. MALONEY

This matter is before the Court on the September 16, 2016 Notice of Appeal
of Lindrell E. Maloney. Maloney appeals from his judgment entry of conviction on two
counts of rape (under thirteen), in violation of R.C. 2907.02(A)(1)(b), felonies of the first
degree, and two counts of sexual battery (natural parent), in violation R.C. 2907.03(A)(5),
felonies of the third degree. T... More...
   $0 (01-29-2018 - OH)

Keith Cornwell v. State of Indiana Man stabbed more than 70 times by roommates for ‘snitching’

In August 2015, eighteen-year-old Cornwell, Caleb Bixler (“Bixler”), eighteen
year-old John Murphy (“Murphy”), and Ron Trahan (“Trahan”) lived together
in a rooming house on the eastside of Indianapolis. In the early morning hours
of Thursday, August 13, Cornwell, Bixler, and Trahan left the house together.
Cornwell and Bixler returned to the house at approximately 5:00 a.m. w... More...
   $0 (01-28-2018 - IN)

Keith Crabbs v. Zach Scott Southern District of Ohio Federal Courthouse - Columbus, Ohio

Keith Crabbs filed a § 1983 claim alleging that the local police violated his Fourth (and Fourteenth) Amendment right to be secure from unreasonable searches. But he died before the case could be resolved. Anne Crabbs, Keith’s mother and the personal representative of his estate, filed a motion to substitute as a party. The district court found that Keith’s death extinguished his claim and dismiss... More...   $0 (01-26-2018 - OH)

United States of America v. Randall Tyrell Steward Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Randall Steward pleaded guilty to sex trafficking of a child in violation of 18
U.S.C. § 1591. At sentencing, Steward objected to various aspects of the presentence
report. The district court sustained 1 some objections, but overruled Steward’s
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
objection to the categorization of... More...
   $0 (01-25-2018 - AR)

United States of America v. Maria Del Rosario Alvarez Southern District of Texas Courthouse - Houston, Texas

Maria Del Rosario Alvarez appeals the district court’s sentence requiring her to obtain mental health treatment as a special condition of supervised release. Because the district court committed reversible error in imposing this special condition without the statutorily required factual findings, we VACATE the challenged condition and REMAND for proceedings consistent with this opinion.
I.
... More...
   $0 (01-25-2018 - TX)

The People of the State of Colorado v. David Bueno David Bueno murder conviction vacated: Carol Chambers's office hid evidence, says David Lane

Michael Snyder, a white inmate at the Limon Correctional Facility (“LCF”), told
his wife in a recorded phone conversation that he had been ordered to stab another
inmate. The next day, Jeffrey Heird, another white inmate at LCF, was found stabbed
to death in his cell. Snyder would later tell investigators that Heird was the man he had
been ordered to kill.
¶5 Immediately... More...
   $0 (01-23-2018 - CO)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

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