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Injurious Falsehood Law
In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Robert Adrian Rendon v. The State of Texas Man who shot at officers during chase gets 2 life terms

Bradley Durst, an officer with the Fredericksburg Police Department, stopped a vehicle
based on his suspicion that the driver was intoxicated. During the course of the stop, the driver of
the vehicle shot Officer Durst and drove away from the scene. Approximately forty-five minutes
to an hour later, Jared Moore, a deputy with the Kendall County Sheriff’s Office, was dispatched
... More...
   $0 (12-17-2017 - TX)

Sophie P. Toulon v. Continental Casualty Company Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

In September 2002, Sophie Toulon applied for a Preferred Solution long-term care insurance policy (the Policy) issued by Continental Casualty Company. Continental provided Toulon with a “Long Term Care Insurance Personal Worksheet,” along with the application, to help her determine whether the Policy would work for her,
2 No. 16-1510
given her financial circumstances. The Worksheet discuss... More...
   $0 (12-17-2017 - IL)

F. R. and J. R. v. Texas Department of Family and Protective Services

Appellants F.R. (“Felix”) and J.R. (“Jane”) appeal from the trial court’s order
terminating their parental rights regarding two children, J.R. (“Tiffany”) and J.R. (“Erin”).1
Appellants challenge the order claiming trial-court procedural errors, ineffective assistance of trial
counsel, legal and factual insufficiency of the evidence, and denial of due process. For the reasons
that ... More...
   $0 (12-15-2017 - TX)

Harold Dewayne Ferguson v. The State of Texas 100 mph chase yields life sentence for habitual offender

In his first issue, Ferguson argues the trial court’s failure to hold a hearing
on his motion for new trial was reversible error. As his sole ground for relief in
his motion for new trial, Ferguson alleged that his trial attorney “did not call
character witnesses on [his] behalf at the punishment trial in this case.”
Ferguson supported this allegation with his affidavit, in w... More...
   $0 (12-09-2017 - TX)

State of Tennessee v. Lisa Kay Young Lisa K. Young found guilty of murder

This case arises from the murder of the victim, Jill Farley, on February 9, 2014. The following day, Miranda Brown and Brian Logan were arrested for the victim’s murder. The Defendant was arrested almost a year later on January 5, 2015, when police officers found incriminating text messages from February 9, 2014, on one of the Defendant’s cell phones. The White County Grand Jury indicted the De... More...   $0 (12-08-2017 - TN)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)


A jury found Eric Sallis guilty of domestic abuse assault with intent to cause
serious injury, in violation of Iowa Code section 708.2A(2)(c) (2016), and domestic
abuse assault causing bodily injury, in violation of section 708.2A(2)(b). The
district court sentenced Sallis to two years’ incarceration. Sallis appeals his
convictions, contending the district court committed evi... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP Iowa man found guilty of murdering Devils Lake man

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A
jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial
attorney’s failure to object to an inference-of-malice jury instruction, and (3) the
district court’s denial of his motions for new tria... More...
   $0 (12-06-2017 - IA)

Edward Ray Taylor, Jr. v. The State of Texas COURT OF APPEALS SECOND DISTRICT OF TEXAS

A jury convicted Edward Ray Taylor Jr. of two offenses—continuous
sexual abuse of a child and indecency with a child—and assessed his
punishments at 60 years’ and 20 years’ confinement respectively. Taylor raises
three points on appeal. First, he contends that the trial court erred by not
admitting a complainant’s allegedly false outcry against another alleged
... More...
   $0 (12-04-2017 - TX)

Ronald Eugene Reynolds v. The State of Texas Ronald Eugene Reynolds - Registered Sex Offender

Robert Valdez, and his ex-wife, Crystal Valdez, ran a scheme that we can only hope is a
rarity in personal injury litigation. Robert had Crystal scour the Houston Police Department’s
website for recent traffic accidents, and then obtain the corresponding police accident reports. The

2 We parse the language only in re... More...
   $0 (11-30-2017 - TX)

Scott Folkerts v. The State of Texas Scott Folkerts Sentenced for 2013 Lubbock Death

Scott Folkerts (appellant) was convicted of manslaughter when, after drinking
alcohol, he caused the death of the passenger who rode in his vehicle. The death
occurred when appellant drove the vehicle at a speed far in excess of the posted limit
and struck the rear of another vehicle. Within the indictment charging him of
manslaughter, the State also averred that he had used ... More...
   $0 (11-30-2017 - TX)

Lacie Dee Pardun v. The State of Texas Christmas Toy Delivery Ends Tragically for Motorcyclist Killed by Reckless Driver

A jury convicted Lacie Dee Pardun of manslaughter and also found she used her car as a
deadly weapon. The trial court sentenced her to ten years in prison. In five issues, appellant
brings complaints about the sufficiency of the evidence to support her conviction, the failure to
define “under the influence” in the jury charge, the admission of her toxicology results, and
cumu... More...
   $0 (11-30-2017 - TX)

Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council Second Circuit Court of Appeals - New York, New York

Familiarity with the facts of this case, as set forth in this
court’s decision in Adelson v. Harris, 774 F.3d 803 (2d Cir. 2014), is
assumed. This case involves defamation claims brought by
Appellant Sheldon Adelson against Appellees National Jewish
Democratic Council, its Chair, Marc Stanley, and its President and
CEO, David Harris. Appellant’s claim of defamation is based on<... More...
   $0 (11-29-2017 - NY)

Ebeneser Benny Morones v. The State of Texas Houston Tango Blast prison gang member sentenced to life after violent local pursuit

Officer Robert Rodriguez, who formerly worked for the Woodbranch Police
Department, testified that he observed a white Cadillac traveling at a high rate of
speed on the highway. Rodriguez activated his patrol vehicle’s lights and siren and
began following the vehicle. Rodriguez realized that the driver was attempting to get
away, and Rodriguez called dispatch and provided the v... More...
   $0 (11-27-2017 - TX)

Janice Dickinson v. William H. Cosby, Jr., Martin D. Singer

Plaintiff Janice Dickinson went public with her accusations
of rape against William H. Cosby, Jr. Cosby, in turn, through his
attorney, Martin Singer, reacted with (1) a letter demanding
media outlets not repeat Dickinson’s allegedly false accusation,
under threat of litigation (“demand letter”); and (2) a press
release characterizing Dickinson’s rape accusation as a lie (“pres... More...
   $0 (11-27-2017 - CA)

Ryan Scott Prendergast v. The State of Texas

A jury found Ryan Scott Prendergast guilty of sexual assault and sentenced him to ten
years’ confinement. On the jury’s recommendation, the trial court suspended imposition of the
sentence and placed appellant on community supervision for ten years. In seven issues, appellant
argues the evidence is insufficient to support the verdict, the trial court erred by allowing
impermi... More...
   $0 (11-26-2017 - TX)

Beth M. Branum v. The State of Texas Granbury Woman Arrested After Fatal Euless Crash

On March 8, 2014, Branum met several friends at a bar in Fort Worth. She
arrived at 9:35 p.m., met her friend Jacquelyn Seltzer at the bar, and they each
had a shot2 and a beer before going to the table where the others were sitting.
Within the next two hours, Branum bought four shots and four beers while at the
table. Other people at Branum’s table also ordered drinks for e... More...
   $0 (11-25-2017 - TX)

Ronald J. Schilling, Jr. v. Schmidt Baking Company, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

In this appeal, we consider whether the district court erred in dismissing a complaint filed by three individuals against their former employer, Schmidt Baking Company, Inc., under the Fair Labor Standards Act (the FLSA), 29 U.S.C. § 201 et seq., the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl. Art. § 3-401 et seq., and the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. &... More...   $0 (11-25-2017 - MD)

State v. Daniel Tejeda Supreme Court of Rhode Island

When this Court reviews a motion to suppress, we “will not overturn a trial justice’s
factual findings unless they are clearly erroneous.” State v. Harrison, 66 A.3d 432, 441 (R.I.
2013). With respect to any purported violations of a defendant’s constitutional rights, “this
Court must make an independent examination of the record to determine if [the defendant’s]
rights have ... More...
   $0 (11-14-2017 - RI)

Victor Rosales v. The State of Texas Texas Court of Appeals, Third District

The jury heard evidence that on October 25, 2013, Rosales sexually assaulted Y.R.,
his 13-year-old niece. Y.R. testified that on the day of the assault, Rosales picked her up from school
to go shopping, made stops at a convenience store and a bank, and then drove her to a motel.
According to Y.R., Rosales told her that he was planning on meeting someone in one of the motel
rooms ... More...
   $0 (11-10-2017 - TX)

In Re Ryan G.

[¶1] The mother and father of Ryan G. appeal from a judgment of the
District Court (Biddeford, Foster, J.) terminating their parental rights to
Ryan G. pursuant to 22 M.R.S. § 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i), (ii), (iv)
(2016). They challenge the sufficiency of the evidence to support the
judgment and the court’s discretionary determination of the child’s best
interest. ... More...
   $0 (11-09-2017 - ME)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

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