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Emotional Distress Law
 
Atterbury v. U.S. Marshals Service

Because Atterbury appeals from the grant of a motion to dismiss under
Fed. R. Civ. P. 12(b)(1) and (b)(6), we draw the following facts from the complaint
and accept them as true for the purposes of this appeal.1  Loginovskaya v.
Batratchenko, 764 F.3d 266, 268 n.2 (2d Cir. 2014).
USMS provides security services for United States courts and judicial
officers, and contracts with ... More...
   $0 (11-08-2015 - NY)

State of Louisiana v. James Tyler, III.

On May 29, 1995, relator shot and killed the manager of a Pizza Hut in Shreveport in the course of an armed robbery. He also shot two other employees but they survived. After taking the money from the
register, relator forced the three victims at gunpoint into the cooler in the rear of
the building. He ordered them to lie face down on the floor and then shot each
victim in the head.... More...
   $0 (11-08-2015 - LA)

Clarke, ex rel v Mikhail

Plaintiff commenced this wrongful death and medical malpractice action
against Dr. Ashraf Gad Bakhom Mikhail (“Dr. Mikhail”), Jessica Hardin (“Ms.
Hardin”), and Coastal Carolina Neuropsychiatric Center (“CCNC”) on 30 September
2011. Plaintiff alleged Ms. Hardin was negligent in prescribing and dosing a drug,
Lamictal, to treat Erica Bohn’s (“Ms. Bohn’s”) severe mental illness.... More...
   $0 (11-06-2015 - NC)

Michael Ray Hargis v. Jeffery Selvidge and Megan Selvidge

Tulsa, OK - Michael Ray Hargis sued Jeffery Selvidge and Megan Selvidge on auto negligence theories claiming:

1. The Plaintiff is an individual and is a resident of Tulsa County, State of Oklahoma. The Defendants are each residents of Tulsa County, State of Oklahoma. This is an action for damages arising from conduct which occurred in Tulsa County, State of Oklahoma. This court has jurisd... More...
   $0 (11-05-2015 - OK)

In the Interest of Z.G.

The trial court terminated appellant A.A.’s parental rights to Z.G. In this accelerated appeal, A.A. presents four issues challenging the legal and factual sufficiency of the evidence. We affirm the trial court’s judgment terminating A.A.’s parental rights to Z.G.
BACKGROUND
The case was tried to the bench. Detective Dennis Collins of the Beaumont Police Department testified that when he w... More...
   $0 (11-05-2015 - TX)

In Re Commitment of George Jefferson Hatcher

The State of Texas filed a petition to commit George Jefferson Hatcher (Hatcher) as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2014) (SVP statute). A jury found that Hatcher is a sexually violent predator, and the trial court rendered a final judgment and an order of civil commitment. Hatcher filed an appeal.
In his sole appellate issue, ... More...
   $0 (11-05-2015 - TX)

In the Interest of A.D.

On August 9, 2013, the Texas Department of Family and Protective Services filed its “Original Petition For Protection of a Child, For Conservatorship, and For Termination in Suit Affecting the Parent-Child Relationship and Order Setting Hearing” in which it sought to terminate the parent-child relationship between appellant M.M. and her two children, A.D. and I.W.1 The Department further requested... More...   $0 (11-04-2015 - TX)

In the Interest of A.R.M., et al., Children

On September 11, 2013, the Department of Family and Protective Services petitioned to remove D.M.’s children from her for allegations of neglectful supervision. The trial court granted the petition and appointed the Department as temporary sole managing conservator of the children. After several permanency hearings and a bench trial on the merits, on April 29, 2015, the trial court terminated D.M.... More...   $0 (11-04-2015 - TX)

Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in th... More...   $0 (11-04-2015 - IL)

Rodney Neal v. Cox Communications, Inc.

Oklahoma City, OK - Rodney Neal sued Cox Communications, Inc. on an auto negligence theory claiming:

1. On or aboutJuly 31, 2009, Plaintiff was riding his motorcycle on North Gibson Road in Oklahoma County, Oklahoma.
2. That on that date, a large truck came in contact with a coaxial cable line owned and operated by Defendant causing said line to lower across Gibson Road.
3. Defend... More...
   $0 (11-03-2015 - OK)

United States of America v. Allah Justice McQueen

New York, NY - Brooklyn Man Sentenced In Manhattan Federal Court To 15 Months In Prison For Participating In Scheme To Defraud Elderly Victims Across New York State

Allah Justice McQueen of Brooklyn, New York, was sentenced by U.S. District Court Judge Shira A. Scheindlin to 15 months in prison. McQueen pled guilty on July 6, 2015, to one count of conspiracy to commit wire fraud and one ... More...
   $0 (11-03-2015 - NY)

Betty Beck and Dora Smith, deceased, v. Midwest Geriatric Management, LLC

Tulsa, OK - Midwest Geriatric Management, LLC settles medical malpractice case

Betty Beck and Dora Smith, deceased, sued Midwest Geriatric Management, LLC on a negligence negligence (medical malpractice) claiming:

1. BETTY BECK, as Next of Kin, and on behalf of DORA SMITH, Deceased, brings this action against Defendants claiming damages on behalf of DORA SMITH arising out of her ... More...
   $1 (11-03-2015 - OK)

Brent Smith and Stephanie Smith v. Polaris Sales, Inc., Polaris Industries, Inc., Great Plans, Inc. d/b/a Great Plains Equipment Sales of Duncan

Oklahoma City, OK - Brent Smith and Stephanie Smith sued Polaris Sales, Inc., Polaris Industries, Inc., Great Plans, Inc. d/b/a Great Plains Equipment Sales of Duncan on negligence and products liability theories claiming:

1. This is an action for products liability and negligence which caused personal injuries to the plthntiffs resulting from the use and operation of a motor vehicle.
... More...
   $1 (11-02-2015 - Ok)

John Leonard Markl and Debra Kay Markl v. Ethel Maudette Leake

In a single issue in this interlocutory appeal, husband and wife John Leonard Markl (John) and Debra Kay Markl (Debra)2 contend the trial court erred by denying their request for a temporary injunction.3 We affirm the trial court’s order denying a temporary injunction.
Background
John and Debra brought suit against Ethel Maudette Leake, alleging causes of action for breach of fiduciary dut... More...
   $0 (11-02-2015 - TX)

Nationwide Mutual Ins. Co. v. Pasiak

In this declaratory judgment action, the plaintiffs, Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, appealfromthejudgmentof thetrialcourtdetermining that, pursuant to a personal umbrella insurance policy issued by theplaintiffs in favor ofthe defendant Jeffrey S. Pasiak,1 the plaintiffs had a duty to defend the defendantandtoindemnifyhimfordamagesawardedagainst ... More...   $0 (11-02-2015 - CT)

Mark J. Theriault v. State of Maine

We view the record of both the post-conviction proceeding and the
underlying criminal action in the light most favorable to the State as the prevailing
party. See Lamarre v. State, 2013 ME 110, ¶ 2, 82 A.3d 845. Theriault was
indicted in July 2008 for unlawful sexual contact committed in March 2008 against
a child who, at the time of the offense, was six years old. Attorney ... More...
   $0 (11-01-2015 - ME)

Brissette v. Ryan

After a Superior Court trial in this legal
malpractice case, a jury found that the primary defendant,
Edward J. Ryan, Jr., was negligent in his representation of the
plaintiff, Marie D. Brissette, and awarded damages to her in the
amount of $100,000 against Ryan and his law firm, Ryan,
Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm)
(collectively, defendants).2 ... More...
   $0 (10-31-2015 - MA)

Frederick Dawson Graham v. Dena Marie Turner

Frederick Dawson Graham and Dena Marie Turner were married on January 31, 2007. On November 14, 2013, Dena filed a first amended original petition for divorce, alleging that Frederick was guilty of cruel treatment towards her, committed adultery, and committed fraud on the community estate. She also requested that she be awarded a disproportionate share of the parties’ estate. Both parties made nu... More...   $0 (10-30-2015 - TX)

DEREK CROW vs. EDWIN E. SIMPSON, Individually and d/b/a SIMPSON TRUCKING AND EXCAVATING

Edwin Simpson operates a trucking and excavation business and performs various duties for the City of Albia including, among other things, digging for the sewer and water departments. On July 29, 2008, Simpson obtained a building permit to move his house from Pella to North Ninth Street in Albia. Prior to commencing work on the sewer connection, Simpson attempted to obtain the necessary permit f... More...   $0 (10-30-2015 - IA)

Rosie Washington v. State of Louisiana, et al

Rosie Washington, a former nurse at the Louisiana State Penitentiary, brought suit alleging discrimination under a variety of theories. The trial court granted motions to dismiss all claims other than her claims of discrimination,
retaliation, and hostile work environment under Title VII of the Civil Rights Act; the trial court subsequently granted a motion for summary judgment against her r... More...
   $0 (10-29-2015 - LA)

In the Interest of D.G., K.G., H.M.G., Children

After many years of abusing controlled substances, Becky and Bill lost their parental rights to their young children, D.G., K.G., and H.M.G.,1 as the outcome of a jury trial in Gregg County. On appeal, Becky and Bill argue (A) that the evidence is legally and factually insufficient to support the finding that termination was in the best interests of the children, (B) that it was error to deny a mi... More...   $0 (10-28-2015 - TX)

James Lohman and Kimberly Lohman v. Emily Carter

Tulsa, OK - James Lohman and Kimberly Lohman sued Emily Carter on auto negligence theories claiming:

1. Plaintiffs are and were, at the time of the incident complained of herein, husband and wife and residents of Skiatook, Oklahoma, located within Washington County.
2. Plaintiffs were involved in a motor vehicle crash on November 2, 2012, in Glenpool, Oklahoma located in Tulsa County,... More...
   $15000 (10-28-2015 - OK)

NATIONAL SURETY CORPORATION vs. WESTLAKE INVESTMENTS, LLC

In 2003, Westlake Investments, LLC, entered negotiations to purchase
Westlake Apartments, a 300-unit apartment complex in West Des Moines, while
the complex was under construction.1 The developers (collectively, MLP
Management, LLC) guaranteed the construction would be “first class and of
workmanlike quality.” MLP purchased a primary commercial general liability
(CGL) po... More...
   $0 (10-28-2015 - IA)

In the Interest of D.J.V., a Child

A.B.S. (Mother) appeals the trial court’s final decree terminating her
parental rights with respect to her son, David.1 David’s father, whose parental
rights were also terminated, does not appeal. Mother raises two issues concerning
the legal and factual sufficiency of the evidence to support the trial court’s findings
1 We use fictitious names to refer to the children discussed in... More...
   $0 (10-27-2015 - TX)

Commonwealth of Massachusetts v. Packer

The family. At the time of the incident, the daughter lived with her father, the defendant, and the
daughter's eight year old half-sister (born of the father and the defendant). The father and the defendant were married, and the jury reasonably could have inferred that the couple had been
together for at least eight years (the age of the half-sister).1 The father was never married to t... More...
   $0 (10-27-2015 - MA)

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