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Exemplary Damage Law
 
Nicholas Rivet vs State of Florida

Many of the pertinent facts were essentially undisputed. Brandi Robb had two children, Eddie and Logan. After Robb separated from her husband, she and the children struggled financially, frequently staying with Robb’s mother or others. For several weeks before Eddie’s death, Robb and her children stayed with Rivet. Rivet, too, had recently separated from his spouse, and he needed help looking afte... More...   $0 (07-26-2018 - FL)

State of Tennessee v. Larry Allen Stumbo

This case arises from the Defendant breaking into the victim’s home and raping her at gunpoint, following which he stole a television set and forced her into her vehicle and drove her to a nearby gas station. The Defendant was observed by law enforcement driving the victim’s stolen vehicle after he dropped her off at the gas station; when officers pursued the Defendant, hefailed to yield and, aft... More...   $0 (07-26-2018 - TN)

State of Tennessee v. Alina Sherlin

Defendant was indicted by a Bradley County Grand Jury in October of 2013 for one count of first degree murder for killing her boyfriend, Robert Julian, also known as “Rowdy,”on the evening of August 13, 2013.
Defendant testified that she was forty-three years of age at the time of the incident. She lived in a house in Cleveland, Tennessee, that belonged to her parents. Defendant, who also ... More...
   $0 (07-26-2018 - TN)

Kang Sik Park, M.D. v. First American Title Insurance Company District of Utah Federal Courthouse - Salt Lake City, Utah

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co... More...
   $0 (07-25-2018 - UT)

United States ex rel. Jeffrey Berkowitz v. Automation Aids, Inc., et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Relator Jeffrey Berkowitz filed a qui tam complaint against nine separate defendants, alleg-ing violations of the False Claims Act (FCA), 31 U.S.C.
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2562
§ 3730. The defendants moved to dismiss Berkowitz’ third amended complaint for failure to state a claim. The district court granted the defendants’ motions and di... More...
   $0 (07-25-2018 - IL)

Marvin Ray August v. The State of Texas

Appellant resided at a townhome in Texas City with his mother, his 12-year old daughter, and his girlfriend, Brandy Saenz. In 2016, the Texas City Police Department Crime Suppression Unit was investigating appellant and Saenz in connection with the sale of narcotics. During the investigation, Saenz sold methamphetamine to a confidential police informant at the Texas City townhome. The police c... More...   $0 (07-25-2018 - TX)

Larry Wayne Duncan v. The State of Texas

The victim’s father, Billy Scott, testified that his daughter enjoyed jogging,
and he identified the route along which she usually jogged. He explained that on
February 10, 2015, he saw the victim jogging at approximately 6:20 p.m. Scott
testified that it was daylight and the sun was shining. At approximately 7:30 p.m.,
Scott learned that his daughter had been killed.
Ki... More...
   $0 (07-25-2018 - TX)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

Navajo Nation Northern Edge Navajo Casino v. The Honorable Bradford J. Dalley, et al. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

The Appellants, the Navajo Nation and its wholly-owned government
enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”),
entered into a state-tribal gaming compact with New Mexico under the Indian
Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721. The Tribe agreed
not only to waive its sovereign immunity for personal-injury lawsuits brought by
visi... More...
   $0 (07-24-2018 - NM)

United States of America v. Ali Saleh Eastern District of New York Courthouse - Brooklyn, New York

Brooklyn, NY New York Man Pleads Guilty To Attempting To Provide Material Support To ISIS

Ali Saleh, 25, of Queens, New York, pleaded guilty today to two counts of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.

The announcement was made by Assistant Attorney General for National Security John C... More...
   $0 (07-24-2018 - NY)

Mark Kutch v. The State of Texas MoreLaw Suites - The Best Place In Tulsa To Practice Law

Officer Gary Jones was off-duty and riding with his wife and children in Johnson County
when Kutch’s truck approached on a cross street and nearly ran the stop sign. Jones’s wife swerved
their vehicle, and Jones noticed that Kutch had a blank stare on his face and appeared intoxicated.
The Joneses continued driving and stopped at a red light. Kutch’s truck hit their van in the ba... More...
   $0 (07-24-2018 - TX)

Jose Alejandro Gomez v. The State of Texas MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

On October 27, 2016, at approximately 10:40 p.m., Sergeant Reid Cashdollar,
a patrol officer with the Houston Police Department, observed appellant racing
another truck on the freeway. Sergeant Cashdollar testified that the trucks were
driving in excess of eighty or ninety miles per hour, weaving through lanes of traffic,
and narrowly missing a collision with other vehicles. ... More...
   $0 (07-22-2018 - TX)

KEITH BENNETT v. CITY OF TOPEKA

Bennett worked for the City of Topeka (City). On May 19, 2015, he was assigned to work at Heartland Park in Topeka. There, he drove his Ford F-450 over a wooden pedestrian bridge and it collapsed. The back of Bennett's truck fell to the ground below the bridge and the front end of the truck stayed on the bridge.

After the accident, Bennett felt aching in his lower back as well as pain r... More...
   $0 (07-22-2018 - )

BUILDING ERECTION SERVICES COMPANY, INC. v. WALTON CONSTRUCTION COMPANY, INC. and AMERICAN HOME ASSURANCE COMPANY

This case concerns problems with the construction of a press box at the University of Kansas (KU) Memorial Stadium almost 20 years ago. It now comes before this court for a third time. On the first appeal, the court held that Building Erection Services Company, Inc. (BESCO), one of the subcontractors on the project, was contractually obligated to indemnify Walton Construction Company, Inc. (Walton... More...   $0 (07-22-2018 - KS)

Kathleen Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-22-2018 - CA)

United States of America v. Ricardo Silva Northern District of Georgia Federal Courthouse - Atlanta, Georgia

Atlanta, GA - Defendant sentenced for trafficking methamphetamine from prison

Ricardo Silva, a current inmate at Smith State Prison and a high-ranking member of the Sureños prison gang, has been sentenced to 35 years in federal prison for trafficking methamphetamine. He is currently serving a sentence with the state of Georgia for trafficking cocaine.

“Silva’s time in state pri... More...
   $0 (07-21-2018 - GA)

Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

STATE OF OHIO vs. ISRAEL D. LUGO

Israel Lugo appeals his being classified as a sexual predator under the version of
R.C. 2950.09 in effect at the time of the offense. He appeals no other aspect of his convictions
for rape and the unrelated vehicular manslaughter.
{¶2} According to the prosecutor, in 2004, the victim blacked out from her voluntary, but
excessive, consumption of alcohol or drugs. She awoke in ... More...
   $0 (07-20-2018 - OH)

STATE OF OHIO v. ERIC J. TURNER

The events in question occurred on January 1, 2017, when Turner willfully eluded an officer after being signaled to stop and ultimately crashed his car into an OSHP cruiser. On January 5, 2017, Turner was indicted for failure to comply, vandalism (of the cruiser), receiving stolen property (a stolen license plate on the car he was driving), OVI, and aggravated possession of drugs (Percocet).... More...   $0 (07-20-2018 - OH)

STATE OF OHIO v. ISAIAH M. TUCKER

Defendant-appellant, Isaiah M. Tucker, appeals his conviction and sentence
for Count I, felonious assault (deadly weapon), in violation of R.C. 2903.11(A)(2), a felony
of the second degree; Count II, improperly discharging a firearm at or into a habitation, in
violation of R.C. 2923.161(A)(1), a felony of the second degree; and Count III, discharge
of a firearm on or near prohi... More...
   $0 (07-20-2018 - OH)

United States of America v. Lane Michael Reed District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Albuquerque, NM - Texas Man Pleads Guilty to Federal Charges Arising out of Northern New Mexico Violent Crime Spree in July 2017 - Plea Agreement Recommends 25-Year Prison Sentence

Lane Michael Reed, 24, of Killeen, Texas, pled guilty on July 19, 2018 in federal court in Albuquerque, N.M., to armed robbery, carjacking and firearms charges arising out of a two-day violent crime spree in Ju... More...
   $0 (07-19-2018 - NM)

Vincent McFadden v. State of Missouri

The detailed facts are set out in Mr. McFadden’s prior appeals and will be repeated here only insofar as they are relevant to his postconviction claims. On May 15, 2003, Eva Addison1 was at Maggie Jones’ house on Blakemore in Pine Lawn when Mr. McFadden arrived at the house with a friend.2 Eva and Mr. McFadden had a child together. When Mr. McFadden got out of the car, he kissed the child, ... More...   $0 (07-19-2018 - MO)

United States of America v. Monte Robin Kaija District of Oregon Federal Courthouse - Portland, Oregon

Portland, OR - Oregon Man Sentenced to 70 Months in Federal Prison for Detonating Explosive Device in Fred Meyer Store

Monte Robin Kaija, Jr., 47, of Portland, was sentenced on July 16, 2018 to 70 months in federal prison for detonating a small explosive device at a Fred Meyer store in Southeast Portland, and later possessing a homemade metal pipe bomb.

According to court documen... More...
   $0 (07-19-2018 - OR)

Steven Morales v. United States of America District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government . . .... More...   $0 (07-19-2018 - AZ)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

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