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Fetus Law
 
William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...   $0 (11-04-2014 - UT)

Lisbet Santiago and Dixan Pita Mendez v. Community Health Connection, Inc., et al.

Lisbet Santiago and Dixan Pita Mendez v. Community Health Connection, Inc., Diane D. Daly, cnm, Caqrla J. Phol, APRN, CNM; Leanne G. Hoch, APRN, CNM; Nora M. Doyle, M.D., State of Oklahoma ex rel. Board of Regents of the University of Oklahoma

Issue # 1.
Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed by: SANTIAGO, LISBET
Filed Date: 10/09/2012
Party Name: Disposition Inform... More...
   $1 (07-29-2014 - OK)

The People v. Xeng Saetern

In a succession of cases beginning with Graham v. Florida (2010) 560 U.S. 48 [176 L.Ed.2d 825] (Graham), followed by Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407] (Miller), and concluding with People v. Caballero (2012) 55 Cal.4th 262 (Caballero), the United States and California Supreme Courts explored the constitutional limits of government’s power to punish minors tried as adults. R... More...   $0 (07-17-2014 - CA)

The People v. Miguel Angel Guillen

On September 14, 2006, John Derek Chamberlain was arrested for possession of child pornography. Twenty-one days later, inmates in Theo Lacy Jail in the City of Orange (TLJ) beat Chamberlain to death because they believed he was a child molester. As waves of inmates hit, kicked, stomped, and did other abhorrent things to Chamberlain over the course of about 30 minutes, three Orange County Sheriff... More...   $0 (07-07-2014 - CA)

Burwell v. Hobby Lobby Stores, Inc.

We must decide in these cases whether the Religious Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488,42 U. S. C. §2000bb et seq., permits the United StatesDepartment of Health and Human Services (HHS) to demand that three closely held corporations providehealth-insurance coverage for methods of contraceptionthat violate the sincerely held religious beliefs of thecompanies’ owners. We hold... More...   $0 (06-30-2014 - DC)

The People v. Anthony Ralph Chacon

Bakersfield, CA - The People of the State of California Anthony Ralph Chacon, age 30, with first-degree murder, shooting at an inhabited dwelling, participating in a street gang, and attempted murder claiming that he shot at but missed an alleged gang member and hit and killed a 2-year-old girl playing in her front yard.

Section 187(A) for the California Penal Code provides:

187... More...
   $0 (06-20-2014 - CA)

Lydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - FL)

Leydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - fl)

State of Uah, in the Interest of J.F. and D.V.F., a person under eighteen years of age

¶1 In this consolidated appeal, J.F. (Father) appeals both an
adjudication order and an order terminating his parental rights to
J.F. and D.V.F. We affirm.
¶2 “[I]n order to overturn the juvenile court’s decision, the
result must be against the clear weight of the evidence or leave the
appellate court with a firm and definite conviction that a mistake
In re J.F. & D.V... More...
   $0 (04-10-2014 - UT)

The People v. Christopher Peter Ebert-Stallworth

The People charged Christopher Peter Ebert-Stallworth, age 20, with first-degree murder for the January 4, 2013 shooing death of Baron Seidel during a purported pot deal. The State claimed that Ebert-Stallworth tried to rob Seidel.

California Penal Code Section 187 provides:

187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
... More...
   $0 (03-22-2014 - CA)

The People v. Jonathan Keith Jackson

A jury convicted defendant Jonathan Keith Jackson of the first degree murder of Monique Cleveland (Pen. Code, § 187),1 the willful, deliberate, and premeditated attempted murder of Robert Cleveland (§§ 664, 187), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)). The jury found true the allegations that defendant inflicted great bodily injury ... More...   $0 (03-03-2014 - CA)

Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez v. Joseph Morris McKellar, M.D., d/b/a O.B. Associates; Carter J. Moore, M.D.; Carter J. Moore, M.D., P.A.; Rebecca Thomas, CRNA; Clinical Partners, P.A.- Mt. Pleasant, and Titus Regional Medical Center

In this medical negligence case, Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez,1 appeal the trial court’s order granting Titus Regional Medical Center’s plea to the jurisdiction. We affirm the judgment of the trial court.

I. Factual and Procedural Background

Cervantes was admitted to Titus Re... More...
   $0 (02-19-2014 - TX)

Erika Gentry v. Commissioner of Social Security

Erika Gentry appeals the district court’s opinion affirming the decision of the Commissioner of Social Security to deny her disability benefits. Substantial evidence on the record as a whole establishes that Gentry is disabled by multiple physical impairments. Because the Commissioner’s decision rejecting Gentry’s application is not supported by substantial evidence and is flawed in several ... More...   $0 (02-04-2014 - TN)

OB/GYN Specialists of the Palm Beaches, P.A. v. Ana Mejia

Appellants/defendants, OB/GYN Specialists of the Palm Beaches and Marie Morel, M.D., appeal a final judgment awarding appellees/plaintiffs $2.5 million in damages following a jury trial in a medical malpractice action. They contend that the trial court committed reversible error by precluding them from presenting argument and evidence that third trimester abortions are generally illegal in the sta... More...   $0 (01-08-2014 - FL)

Manuel Cespedes, Jr. v. Yellow Transportation, Inc.

We deny Appellees’ Motion for Rehearing and Motion for Rehearing En Banc, withdraw our original opinion dated April 24, 2013, and substitute this opinion in its place.

2

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part his claims for workers’ compensation benefits. Claimant argues the JCC erred by (... More...
   $0 (11-26-2013 - FL)

William Romine v. St. Joseph Health System d/b/a Saint Joseph-Mt. Sterling

Plaintiff-Appellant, William Romine, appeals the district court’s grant of Defendant-Appellee’s motion for summary judgment. As a result of an unsatisfactory experience in Defendant’s emergency room, Romine brought this action pursuant to the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. §1395dd. The district court granted Defendant’s motion for summary judgme... More...   $0 (10-24-2013 - KY)

Jonathan Ritchie v. United States of America

In this appeal, we again confront the much-maligned Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service. Feres v. United States, 340 U.S. 135 (1950).

As with most of our Feres jurisprudence, the claims at issue arise from personal tragedy: the premature birth—and immediate death—of Jonathan Ritchie’s i... More...
   $0 (10-24-2013 - HI)

A.G. v. Elsevier, Inc.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

Bobbi Klutschkowski v. Peacehealth

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...
   $0 (09-26-2013 - OR)

The People v. Paul Roger Moore

The People of the State of California charged Paul Roger Moore, age 49, with first-degree murder of Robert Ayala, age 43, on July 16, 2011. Ayala was the foreman of the Moore Brothers rice farming operation in Colusa County, California. He was killed by bomb planted when he turned on an irrigation pump.

Defense counsel claimed that Paul's bother Peter was the one who killed Ayala.
More...
   $0 (08-24-2013 - )

Denise B. v. Maria B.

As appellant Maria B.‘s mother and limited conservator, Denise B. petitioned the trial court for an order authorizing her to consent to a hysterectomy and oophorectomy on Maria‘s behalf.1 Maria is a developmentally disabled adult who suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of h... More...   $0 (07-31-2013 - CA)

State of Wisconsin vs. John Spooner

The State of Wisconsin charged John Spooner, age 76, with first-degree intentional homicide in violation of Section 940.01(1)(A) of the Wisconsin Statutes in conjunction with the shooting death of Darius Simmons, age 13, in May of 2012. Mr. Spooner's house was burglarized and Mr. Spooner suspected Simmons. Two days later, he confronted the teenager and shot him in the chest with a .32 caliber pi... More...   $0 (07-18-2013 - WI)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More...
   $0 (06-07-2013 - PA)

Christa Dias v. Roman Catholic Archdiocese of Cincinnati

Christa Dias sued Roman Catholic Archdiocese of Cincinnati on a pregnancy discrimination theory claiming that she was fired in 2010 after the became pregnant through artificial insemination. She also was not married.

Plaintiff claimed that the firing violated both state and federal anti pregnancy discrimination laws.

The Pregnancy Discrimination Act of 1978 provides:

Be it en... More...
   $170000 (06-06-2013 - )

Christa Dias v. Roman Catholic Archdiocese of Cincinnati

Christa Dias sued Roman Catholic Archdiocese of Cincinnati on a pregnancy discrimination theory claiming that she was fired in 2010 after the became pregnant through artificial insemination. She also was not married.

Plaintiff claimed that the firing violated both state and federal anti pregnancy discrimination laws.

The Pregnancy Discrimination Act of 1978 provides:

Be it en... More...
   $170000 (06-06-2013 - )

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