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Emotional Distress Law
 
Holland v. State of Arkansas

The Arkansas Supreme Court, in affirming defendant’s convictions of first and second-degree sexual assault against two minors, XB and JD, in 2006 and 2010, upheld exclusion of one of the victim’s medical-psychiatric intake records in 2011. The records showed that the victim denied that he had previously been sexually assaulted. The majority affirmed and reasoned there was no reversible error, but ... More...   $0 (11-27-2015 - AR)

Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E... More...   $0 (11-26-2015 - TN)

Brent Terry v. Bedlam Bottle Company, LLC and James Andrews

Tulsa, OK - Brent Terry sued the Bedlam Bottle Company, LLC and James Andrews on negligence and respondeat superior theories claiming:

1. Defendant Bedlam Bottle Company, LLC, is an entity organized and existing under the laws of the State of Oklahoma, and doing business in Tulsa County.
2. Defendant John Doe is an unknown employee of Defendant Bedlam Bottle Company, LLC.
3. Brent... More...
   $0 (11-25-2015 - OK)

Donald Thomas Scholz v. Boston Herald, Inc.

In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer,
founded the rock band "Boston." After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007. The Boston Herald, Inc., published three stories regarding Brad's suicide, written by columnists Gayle Fee and Laura Raposa, who relied on informati... More...
   $0 (11-25-2015 - MA)

Michael W. Harris v. Red Hill Lawn Service

Appellant, Michael Harris, brings this appeal from the Circuit Court for Carroll
County’s judgment that ruled on his workers’ compensation claim stemming from
injuries sustained when the company vehicle he was driving was struck from behind.
Harris sustained injuries to his head, neck, and back, and he had surgery on his back.
After developing additional health issues, the Wo... More...
   $0 (11-25-2015 - MD)

Sergio Casillas Ramirez v. County of San Bernardino

Plaintiff-Appellant, Sergio Ramirez, appeals the district
court’s dismissal of his civil rights complaint and the
subsequent denial of his motion to reconsider that dismissal.
In this appeal, we consider whether Federal Rule of Civil
Procedure 15(a) required the Plaintiff, who filed his First
Amended Complaint with consent of the opposing party, to
seek leave of court befor... More...
   $0 (11-23-2015 - CA)

Cloud v. State Of Wyoming

On August 26, 2009, Appellant Wyatt Bear Cloud and two co-defendants were involved in the armed burglary of a residence in Sheridan, Wyoming. During the course of the burglary, one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud was charged with, and ultimately pleaded guilty to, Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-2... More...   $0 (11-23-2015 - WY)

The People of the State of Colorado v. John Mikall Paul Swietlicki

In January 2014, Detective Weaver of the Douglas County Sheriff’s Office
(“DCSO”) responded to a middle school’s report regarding J.M., a twelve-year-old
female student. School staff had begun questioning J.M. about a Facebook posting of
J.M. drinking what seemed to be an alcoholic beverage. They quickly became worried
there was more to the situation and contacted police. Up... More...
   $0 (11-23-2015 - CO)

State Of New Mexico v. Nichols

Alycia Nichols, Jeremy Nichols’ wife, gave birth to Kaden and his twin 1
10 brother Bryce in September 2005. The twins were delivered by Caesarean section
11 after the doctor made several unsuccessful attempts to get Kaden into a position
12 where he could be delivered naturally. Kaden was stuck in the birth canal for a period
13 of time, resulting in bruising over the majority of ... More...
   $0 (11-23-2015 - NM)

Costello v. Yale-New Haven Health Services Corp.

The plaintiffs, Michael Costello and Dominic Costello, as individuals and as coexecutors of the estate of Anna Josephine Costello (decedent), appeal from the judgment of the trial court rendered following the granting of the motion filed by the defendant, Yale-New Haven Health Services Corporation, to strike the second count of the substitute complaint.1 On appeal, the plaintiffs claim that the c... More...   $0 (11-23-2015 - CT)

Darby v. State Of Texas

Richard Taylor Darby, III, pled guilty to and was convicted of evading arrest with a motor vehicle. Following a jury trial on the issue of punishment, Darby was sentenced to ten years' imprisonment and ordered to pay a $10,000.00 fine. On appeal,1 Darby argues (1) that the trial court erred in admitting evidence under Article 37.07 that he committed two unadjudicated sexual assaults because the St... More...   $0 (11-23-2015 - )

The STATE of Arizona v. Christopher Mathew PAYNE

Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13–4031.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

¶ 2 Christo... More...
   $0 (11-22-2015 - AZ)

Cofield v. Allstate Indemnity Company

Evidence submitted reflects that plaintiff had a Manufactured Home Policy of
Insurance issued by Allstate in place on April 27, 2011, when he alleges his home
was damaged as a result of severe weather on that date. On May 3, 2011, Mr. Cofield
notified Allstate of this damage, and it began an investigation of his claim. Allstate
assigned contents specialist John Wallace and struct... More...
   $0 (11-21-2015 - AL)

State of Connecticut v. Abimael Ramos

Bridgeport, CT - Defendant convicted of killing longtime girlfriend

The State of Connecticut charged Abimael Ramos, age 31, with first-degree murder for shooting and killing his longtime girlfriend, Luz Morales, on May 23, 2011.

Defendant claimed that Morales was shot by one of two men who invaded his home and that Morales was upstairs taking a shower and that, during a struggle... More...
   $0 (11-20-2015 - CT)

In re A.A.

Following the birth of A.A. on April 26, 2013, Matthew and Caitlin signed a VAP pursuant to section 6(a) of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/6(a) (West 2012)). Caitlin, A.A.’s mother, had been married to Jakob S., who signed a denial of paternity as to A.A. ¶ 4 On June 10, 2013, the State filed a petition for adjudication of wardship in juvenile court following an ... More...   $0 (11-20-2015 - IL)

T.B. v. San Diego Unified School District

This is the latest round in an unfortunate dispute that has
endured for almost a decade regarding the education of a
child with disabilities. The child is now 21 years old and has
since graduated from high school, but the litigation has
continued. T.B. and his parents, the Brenneises, used to be
residents of the San Diego Unified School District. T.B. has
T.B. V. SAN DIEGO ... More...
   $0 (11-19-2015 - CA)

Melissa Slender v. Anthony Zane Blessum

Des Moines, IA - Woman Awarded $500,000 in damages against former lawyer and lover

Melissa Slender sued Anthony Zane Blessum on malpractice, breach of fiduciary trust, domestic assault, battery, outrageous conduct and intentional infliction of emotional distress theories. The Plaintiff, a former client of Defendant in a divorce action claimed that they entered into an unethical sexual re... More...
   $498562 (11-19-2015 - IA)

In the Interest of J.N. and J.N., Children

DeDe’s1 drug use, petty thefts, and incarcerations eventually resulted in the termination of
her parental rights to her five children. In this case, she appeals the trial court’s order terminating
her parental rights to her children J.E.N. and J.H.N. This case was tried with a companion case,
which is the subject of another appeal pending before this Court.2 DeDe filed identical briefs... More...
   $0 (11-19-2015 - TX)

In the Interest of J.F., J.L., and J.N., Children

DeDe’s1 drug use, petty thefts, and incarcerations eventually resulted in the termination of her parental rights to her five children.2 In this case, she appeals the trial court’s order terminating her parental rights to J.F., J.L., and J.N. She contends that the evidence is legally and factually insufficient to support the trial court’s findings that she (1) knowingly placed or knowingly allowed ... More...   $0 (11-19-2015 - TX)

Justin Springer a/k/a Justin Donte Springer a/k/a Justin D. Springer v. State of Mississippi

Justin Springer was convicted of capital murder on May 6, 2011. Springer v. State,
89 So. 3d 567, 568 (¶1) (Miss. 2012). He was sentenced to life in the custody of the
Mississippi Department of Corrections, without the possibility of parole. Id. On appeal,
Springer argued that the verdict was contrary to the overwhelming weight of the evidence.
Id. The supreme court affirmed ... More...
   $0 (11-17-2015 - MS)

Jeffrey Frost & a. v. Michael Delaney & a

This is the second opinion we have issued in connection with the prosecution of Frost for allegedly violating RSA chapter 397-A. See Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365 (2012). We begin by reviewing the statutory backdrop to this case and summarizing the relevant facts drawn from the trial court’s orders, the record, and our prior opinion. RSA chapter 397-A governs the licensing o... More...   $0 (11-17-2015 - NH)

Bryce Hubbard v. Sears, Roebuck and Co., Peter Turner Gitchell

Oklahoma City, OK - Bryce Hubbard sued Sears, Roebuck and Co., Peter Turner Gitchell on auto negligence and respondeat superior theories claiming:

1. That on or about August 7, 2012, in Oklahoma City, Oklahoma County, State of Oklahoma, while in the course and scope of his employment with Sears Roebuck (hereinafter “Sears”), Defendant, Peter Turner Gitchel (hereinafter “Gitchel”), was dr... More...
   $1 (11-17-2015 - OK)

The City of Lubbock, Texas v. Lazaro Walck

Appellee Lazaro Walck filed a Whistleblower Act1 suit against his employer, the City of Lubbock. When the trial court denied the City’s plea to the jurisdiction, the City brought this interlocutory appeal.2 We will reverse and render in part, vacate and dismiss in part, and otherwise affirm the order of the trial court.
1 The Texas Whistleblower Act is contained in chapter 554 of the Texas Gov... More...
   $0 (11-16-2015 - TX)

State Of New Mexico v. Pagan-Rivera

At trial, the State presented the testimony of Martha Colwell, Ramon Lopez,
8 Antonio Lopez, and Dennie Stallworth, along with investigators and expert witnesses.
9 The witnesses described the following events.
10 {4} Martha Colwell is the mother of Ramon Lopez and Antonio Lopez who on
11 November 7 2010, were ten and seventeen years old. Dwayne King, a family friend
12 who was... More...
   $0 (11-16-2015 - NM)

Amarin Pharma Inc. v. U.S. FDA

Amarin is a biopharmaceutical company incorporated in Delaware and based in New
Jersey. Compl. ¶ 24. It and four medical doctors resident in New York2 (collectively, “Amarin”)
bring this suit against the FDA, two officials with responsibility over the FDA (Dr. Stephen
Ostroff and Sylvia Matthews Burwell), and the United States (collectively, the “FDA”).3 The
FDA is the federa... More...
   $0 (11-15-2015 - NY)

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