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Expert Witness Law
 
Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

Deborah Meek Hickerson v. Yamaha Motor Corporation, USA District of South Carolina Federal Courthouse - Columbia, South Carolina

Deborah Meek Hickerson sustained serious internal injuries in a personal watercraft (“PWC”) accident and filed a complaint in the District of South Carolina against the manufacturers of the PWC, Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co., Ltd. (collectively “Yamaha”). In her complaint, Hickerson alleged product liability claims under South Carolina law for design and warning defects. Th... More...   $0 (02-24-2018 - SC)

State Compensation Jnsurance Fund v. Worker's Compensation Appeals Board and Jose A. Guzman

Respondent Jose A. Guzman, a construction laborer, was operating a compactor
when he was injured. The compactor, which is used to pack down soil, hit a rock while
Guzman was working on a hillside with a 45-degree slope. The compactor rose in the air,
caused Guzman to fall backwards, and then fell on top of him. The workers’
compensation judge (WCJ) determined that Guzman sustained ... More...
   $0 (02-24-2018 - CA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

United States of America v. O. Joseph Boeckmann Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Little Rock, RA - Former Arkansas State Judge Sentenced to Prison for Dismissing Cases in Exchange for Personal Benefits and Tampering With a Witness

A former Arkansas state judge was sentenced to five years in prison for perpetrating a seven-year-long fraud and bribery scheme in which he dismissed pending cases in exchange for personal benefits, including sexually related conduct, and th... More...
   $0 (02-22-2018 - AR)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Edmundo Amparan; Kimberly L. Amparan v. Lake Powell Car Rental and Mevlut Berkay Demir, Denizcan Karadeniz; PV Holding Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Edmundo Amparan and Kimberly L. Amparan (the “Amparans”) appeal from
the district court’s grant of summary judgment in favor of Lake Powell Car Rental
Companies (“Lake Powell”) on the Amparans’ claims for negligent entrustment and
loss of consortium. The claims arose from a vehicle accident involving a motorcycle
operated by Mr. Amparan and a Ford Mustang rented by Lake Powell to D... More...
   $0 (02-20-2018 - NM)

United States of America v. Armando Angeles District of Kansas Federal Courthouse - Wichita, Kansas

Armando Angeles appeals the denial of his motion to suppress evidence found in
his vehicle after a traffic stop. He argues the stop violated the Fourth Amendment.
Exercising jurisdiction under 28 U.S.C. § 1291, we conclude the stop was valid because it
was based on reasonable suspicion of a traffic offense. We therefore affirm.
* This order and judgment is not binding precedent, ex... More...
   $0 (02-20-2018 - KS)

State of Michigan v. Tracey Lee Callahan

Traverse City, MI - Jury Finds Defendant Not Guilty of Witness Intimidation

The State of Michigan charged Tracey Lee Callahan, 57, with one county of witness intimidation for trying to scare a witness from testying against her grand nephew, Nathan Alan Shaw.

Shaw was convicted for having sex numerous times with a 14-year-old.

The State claimed that Callahan stared at the... More...
   $0 (02-20-2018 - MI)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

United States of America v. Nakia Palmer and Nathaniel Palmer Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Montgomery, AL - Social Security Administration Employee and Husband Convicted in Public Benefit Fraud Scheme

On Thursday, February 15, 2018, a federal jury found two Montgomery residents guilty of fraud and witness tampering, announced United States Attorney Louis V. Franklin, Sr. The two defendants were Nakia Palmer, 35, a former employee of the Social Security Administration, and her... More...
   $0 (02-16-2018 - AL)

Alejandro Moreno v. Nancy Berryhill Northern District of Illinois Courthouse - Chicago, Illinois

Alejandro Moreno appeals the order of the
district court upholding the Social Security Administration’s
denial of his applications for Supplemental Security Income
and Disability Insurance Benefits. Mr. Moreno contends that,
among other shortcomings in the Administrative Law Judge’s
(“ALJ”) determination, he improperly relied on an outdated
mental-health assessment and fail... More...
   $0 (02-16-2018 - IL)

United States of America v. Benito Valdez Federal Courthouse - District of Columbia

Washington, DC - Virginia Man Found Guilty of Murder and Other Charges for Triple Homicide in Northeast Washington in 1991

Shootings Took Place in Langdon Park Following Drug Dispute

Benito Valdez, 47, formerly of Arlington, Va., was found guilty by a jury today of multiple counts of first-degree murder while armed and other charges for killing three people in 1991 in Northeast W... More...
   $0 (02-16-2018 - DC)

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)

Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

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)

State of Oklahoma v. Jacob Patrick Krafft Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Jacob Patrick Krafft with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 10/21/2016
Party Name Disposition Information
KRAFFT, JACOB PATRICK
Docket
Date Code Description Count Party Amount
10-31-2016 TEXT

CRIMINAL FELONY INITIAL FILING.
More...
   $0 (02-15-2018 - OK)

Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
2
Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

United States of America v. Bret Broussard Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

Bret Broussard pled guilty to violating 18 U.S.C. § 242, which is the offense of depriving another of his rights while acting under color of law. Broussard, while serving as a lieutenant in a Louisiana Sheriff’s Office, had failed to intervene while a prisoner in a parish jail was beaten by other officers. On appeal, Broussard argues that his guilty plea was invalid and that his sentence was proce... More...   $0 (02-15-2018 - LA)

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