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Fiduciary Duty Law
 
STATE OF KANSAS v. THOMAS LEE STUTEVILLE

On October 19, 2014, Kansas City police officers were sent to an industrial complex once used for pharmaceutical manufacturing and animal research. The dispatch report described a witness' account of seeing a parked vehicle near the industrial complex and people walking up a hill toward the abandoned complex. After responding to the scene, Officer Chris O'Neill saw the suspicious vehicle and then ... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. COREY L. JACKSON Rape of a 14-year-old girl MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Based on seven fact stipulations with the State, the court convicted Corey L. Jackson of the rape of a 14-year-old girl. He asks us to overturn his conviction because he did not receive a speedy trial. More than 600 days elapsed between his arraignment and his trial. The record reveals that most of the delay was a result of him trying to secure a second DNA test for his defense. Jackson has not co... More...   $0 (05-27-2018 - KS)

STATE OF KANSAS v. BRADLEY A. EMERSON

On January 24, 2016, off-duty police officer, Officer Craig Pyle and his wife witnessed a Chevy truck driving away from the "Hiawatha Farm & Home, Steve's Tractor Repair, and John Deere area." These stores are all a part of Hiawatha Implement, a business that sells agricultural and utility vehicles and services. The truck was pulling a trailer, which was loaded with an implement attachment inside ... More...   $0 (05-27-2018 - KS)

Carleton Harris v.l Allen County Board of Commissioners Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond

Carleton Harris was injured while working at the Allen County Juvenile Center. After he reached maximum medical improvement, both his disability benefits and his employment were terminated. Harris subse-quently sued the Allen County Board of Commissioners and the Allen Superior Court for alleged violations of the Ameri-cans with Disabilities Act (“the ADA”). The only question on
2 No. 17-2577<... More...
   $0 (05-27-2018 - IN)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Monty Bauch v. Richland County Children Services Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...
   $0 (05-26-2018 - OH)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

United States of America v. Tyler Barriss, Casey Viner and Shan Gaskill District of Kansas Federal Courthouse - Wichita, Kansas

Wichita, KS - Federal Charges Filed In Deadly Wichita Swatting Case

A federal indictment unsealed here today charges three men in a “swatting” incident where false reports to police and emergency services set off a chain of events that led to a Wichita man being shot and killed, U.S. Attorney Stephen McAllister said.

The indictment alleges the defendants are responsible for hoax ... More...
   $0 (05-25-2018 - KS)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Professional Collection Consultants v. Robert M. Lujan

Professional Collection Consultants (PCC) filed this action to collect credit card
debt that Lujan incurred. The parties agree that if Delaware’s three-year statute of
limitations applies the action is time-barred, but that if California’s four-year statute
applies the case is timely filed. The trial court applied the Delaware statute, granting
summary judgment on statute of limita... More...
   $0 (05-23-2018 - CA)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Dustin Lucio v. State of Tennessee Dustin Matthew Lucio - Registered Sex Offender

Prior to Petitioner’s trial, the State filed a motion seeking to exclude medical records showing that the victim had been treated for substance abuse after the offense. At
the hearingon the State’s motion, the victim testified that she was raped by Petitioner on February 20, 2009. She testified that she developed a “drug problem” immediately after the incident. The victim acknowledged on c... More...
   $0 (05-22-2018 - TN)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

COMMONWEALTH vs. TYRIEK BROWN Massachusetts Supreme Judicial Court

The primary issue presented in this appeal is
whether the Commonwealth is required to prove a defendant knows
that a firearm in his or her possession is loaded in order to be
convicted of unlawful possession of a loaded firearm under G. L.

After police officers discovered a loaded firearm in the
rear console of a vehicle driven by the defendant, he was
charged ... More...
   $0 (05-22-2018 - MA)

Center> John Doe v. Good Samaritan Hospital

Appellant alleges that he was sodomized by his roommate, K.W., while a patient
in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest
(Hospital). He brought this action alleging that Hospital was negligent in placing K.W.
in a room together with appellant, and limiting its efforts to supervise these patients to
observation of each of them at 15-minute in... More...
   $0 (05-22-2018 - CA)

State of Ohio v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Robert J. Cowdrey

Appellant, Robert J. Cowdrey, sets forth the following three assignments of
error:
I. The court erred in denying the motion to suppress.
II. The court erred in denying the motion for acquittal.
III. The court erred in sentencing defendant to the maximum prison
term.
{¶ 3} The following undisputed facts are relevant to this appeal. In 2016,
appellant, a 52-... More...
   $0 (05-21-2018 - OH)

Linda M. Marshall v. Bryan S. Marshall

Linda Marshall appeals from the judgment on reserved issues following the
dissolution of her marriage to Bryan S. Marshall.1
Linda challenges two specific aspects
of the family court’s division of marital property. She contends the court erred declaring
a 2006 capital gains tax liability to be a community debt, notwithstanding the fact she had
obtained an “innocent spouse” det... More...
   $0 (05-21-2018 - CA)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

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