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Foreseeability Law
 
Jacques Jacobs v. Caldwell Banker Residential Brokerage Company

Defendant Coldwell Banker Residential Brokerage
Company (Coldwell) marketed for sale a vacant, bank-owned
property located in Simi Valley. The property had a backyard
with an empty swimming pool and diving board. While plaintiffs
Jacques Jacobs (Jacques) and his wife, Xenia Jacobs (Xenia),1
were viewing the property as potential buyers, Jacques stepped

1 Plaintiffs are... More...
   $0 (08-15-2017 - CA)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the... More...   $0 (07-13-2017 - TX)

UNITED STATES OF AMERICA - v. RANDALL MARTINEZ, a/k/a Randall, a/k/a Jose Rodriguez, a/k/a Jose Rodriguez-Saez, a/k/a Rando Martinez, a/k/a Randall Martinez-Espinal, HENRY FIORENTINO, JOSE TEJADA, and MARCOS RODRIGUEZ, a/k/a Markito UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

The present prosecutions arise out of a sprawling conspiracy in and around New York
City, spanning at least a decade, in which more than two dozen persons are alleged to have committed
1 more than 200 robberies of drug traffickers. One of the coconspirators' main stratagems was to
2 impersonate officers of the New York City Police Department ("NYPD") in order to stop or purport
3... More...
   $0 (07-08-2017 - NY)

Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da... More...
   $0 (07-07-2017 - TX)

Joseph Petitpas v. Ford Motor Company

Plaintiffs Marline Petitpas1 and Joseph Petitpas sued Ford
Motor Company, Exxon Mobil Corporation, Rossmoor
Corporation,2 and others, alleging that exposure to asbestos
caused by these defendants resulted in Marline’s mesothelioma.
Motions for summary adjudication were granted before trial,
narrowing the claims against Exxon and Ford. During trial, the
court granted nonsuit... More...
   $0 (07-06-2017 - CA)

STATE OF OHIO - vs - PHILLIP CUNNINGHAM

On September 2, 2015, a Butler County grand jury indicted Cunningham with
one count of endangering children in violation of R.C. 2919.22(B)(1), a second-degree felony
under R.C. 2919.22(E)(2)(d), and one count of murder in violation of R.C. 2903.02(B), an
unclassified felony. The charges stemmed from allegations that Cunningham shook his two
month-old daughter ("the victim"), ... More...
   $0 (07-05-2017 - OH)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Yulma Molina v. Hurricane Harbor, L.P.

Yulma “Janet” Molina appeals from a take nothing judgment in her lawsuit against Hurricane Harbor, L.P. for negligence. In two issues, Janet challenges the admission of certain evidence and the sufficiency of the evidence. We affirm.
BACKGROUND
Janet sued Hurricane Harbor for negligence arising out of injuries she sustained while on the “Mega Wedgie,” a water slide located at Hurricane Har... More...
   $0 (06-08-2017 - TX)

Michael Henderson v. CC-Parque View, LLC d/b/a Parque View Apartments, Asset Plus Corporation, Asset Plus Companies, LP, Asset Plus Realty Corporation, and Asset Plus USA, LLC

An independent-contractor security guard shot Michael Henderson with a rubber bullet during an early morning encounter in the parking lot of Henderson’s
2
apartment complex. Henderson sued his landlord, Parque View Apartments, its
management companies, and Ranger Guard and Investigations, the security
company that had contracted to provide security services at Parque View.
Hend... More...
   $0 (05-18-2017 - TX)

Aisha A. Krechuniak v. Zia Jamal Noorzoy

I. INTRODUCTION
This appeal challenges an order enforcing an agreement between two siblings,
Aisha A. Krechuniak (“Sister”)1
and her brother Zia Jamal Noorzoy (“Brother”), settling
litigation concerning the failed development of a residential parcel in Pebble Beach.
Sister was awarded a stipulated judgment of $850,000.00 against Brother as provided in
their “MEMORANDUM OF S... More...
   $0 (05-13-2017 - )

Randy J. Austin v. Kroger Texas, L.P.

Randy J. Austin appeals the district court’s (1) denial of his motion to reconsider an order denying leave to file a surreply and (2) grant of summary judgment to Kroger Texas, L.P., on his ordinary negligence/necessary instrumentalities claim. The district court, in one memorandum opinion and order, both denied the motion to reconsider for Austin’s failure to satisfy Federal Rule of Civil Procedu... More...   $0 (04-14-2017 - TX)

STATE OF LOUISIANA V. JACOB DEWAYNE PURVIS STATE OF LOUISIANA, COURT OF APPEAL, THIRD CIRCUIT

Defendant lived in a double-wide trailer with his mother, uncle, sister, and his sister’s two daughters. During the morning of September 16, 2015, Defendant and his sister were arguing inside the trailer when he allegedly threatened to burn it down. He exited the trailer, threw a bug zapper against the wall on the front porch, and walked to the side of the house. A few minutes later, the trailer c... More...   $0 (04-12-2017 - LA)

STATE OF KANSAS v. WILLIAM JOSEPH KELLY III

On January 6, 2013, Kelly, who was 18 years old at the time, and his friend, Lee King, were drinking at a friend's house. At around 3:30 a.m., the two left, with Kelly driving. On the way home, Kelly approached a sharp turn on a gravel road. Although Kelly applied the brakes and turned the steering wheel, the truck slid on the gravel. The truck hit a row of trees, breaking branches 4 to 5 feet off... More...   $0 (04-10-2017 - KS)

Margaret Kinsley, Individually and on behalf of Laddie Frances Kinsley, deceased v. Cartwright's Ranch House, LLC and John Clayton Cartwright Denton County Texas Courthouse

Appellee John Clayton Cartwright owns and operates Appellee Cartwright’s Ranch House, LLC, (CRH) a restaurant in Denton, Texas. One
1See Tex. R. App. P. 47.4.
2
morning, after Margaret and Laddie Kinsley ate breakfast together at CRH, as Laddie negotiated his walker off the curb in front of CRH and into the parking lot on the passenger-side of the couple’s vehicle, he fell. He was take... More...
   $0 (04-06-2017 - TX)

STATE OF MISSOURI v. KRYSTAL M. SCROGGS

In 2013, Scroggs and her husband Matthew Scroggs ("Matthew")2 were living in
Pleasant Hill, Missouri with their three children. During the summer, Matthew's mother,
Melinda Brown ("Brown") was caring for the children at her home a couple hours away
from Pleasant Hill. In early June of 2013, Brown took the three children to visit Pleasant
Hill. Brown noticed that Scroggs appe... More...
   $0 (04-05-2017 - MO)

STATE OF KANSAS v. JOSEPH DATHIAN MATTOX

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We recited the basic facts of Alyea's brutal murder when we affirmed the conviction (following a s... More...
   $0 (03-10-2017 - KS)

STATE OF MONTANA, JUDICIAL BRANCH, OFFICE OF THE COURT ADMINISTRATOR, and GEORGE W. HUSS v. CHARLENE A. BERDAHL

The facts found by the District Court for purposes of this declaratory action are as
follows. In 1991, Berdahl began working as a court reporter for the Sixteenth Judicial
District Court, in Forsyth. In November 2012, George Huss was elected as a district
court judge in the Sixteenth Judicial District. Huss oversaw Department Two of the
District and Berdahl worked directly ... More...
   $0 (02-18-2017 - MT)

BRAD JOSEPH JONES v. STATE OF KANSAS

The events leading to Jones' conviction began to unfold when Ruth Peck was placing in the trunk of her car items she had just purchased at a Target store. Just as Peck finished, Jones approached, grabbed Peck's purse, and took off running. Peck yelled for help, and Jonathan U responded. U chased Jones who ran to his car and jumped in. U reached into Jones' car and tried to retrieve Peck's purse, b... More...   $0 (02-14-2017 - KS)

STATE OF IOWA vs. ZACHARY SCOTT VULICH

On November 12, 2013, the complaining witness, who was sixteen years
old at the time, went to Vulich’s house with her older sister. After they arrived,
the complaining witness played games on her phone while her older sister talked
with Vulich. A short time later, the three were in the basement, and Vulich made
sexually-suggestive comments to the complaining witness, includin... More...
   $0 (01-26-2017 - IA)

David Alan Hunter v. State of Tennessee

The petitioner was convicted by a Hamilton County Criminal Court jury of first degree murder and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment. This Court affirmed his convictions on direct appeal, and our Supreme Court denied his application for permission to appeal. State v.
David A. Hunter, E2010-01351-CCA-R3-CD, 2011 WL 1532086... More...
   $0 (12-02-2016 - TN)

PATRICK JOSEPH CARNEY v. UNION PACIFIC RAILROAD COMPANY

The record discloses the following undisputed facts. In the spring of 2006, defendant invited various contractors to submit bids in connection with the purchase and removal of three abandoned railroad bridges that spanned Arthington, Polk, and Lexington Streets in Chicago. Among those invited to bid was Happ’s, Inc., a scrap contractor that had worked with defendant and other railroads for 25 year... More...   $0 (11-20-2016 - Il)

STATE OF KANSAS v. JASON ALBIN ¬¬

The facts in this case are undisputed and uncomplicated. In May 2015, Albin drove his commercial truck into the parking lot of Alliance Data, a call center at which he did not work. It was mid-morning, and persons were working at Alliance Data. Albin parked his truck at the far end of the lot where the nearest car was 40 to 50 feet away and where there were no pedestrians.

A security o... More...
   $0 (11-13-2016 - KS)

United States of America v. John Bertrand Beliveau II

San Diego, CA - Former NCIS Supervisory Special Agent Sentenced to 12 Years in Prison for Taking Bribes from Foreign Defense Contractor in Massive Fraud and Corruption Scandal

Former Naval Criminal Investigative Service supervisory special agent John Beliveau II was sentenced to 12 years in prison for disclosing sensitive law enforcement reports to a foreign defense contractor who was th... More...
   $20000000 (10-15-2016 - CA)

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