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Intentional Tort Law
 
STATE OF OHIO v. ERIC J. TURNER

The events in question occurred on January 1, 2017, when Turner willfully eluded an officer after being signaled to stop and ultimately crashed his car into an OSHP cruiser. On January 5, 2017, Turner was indicted for failure to comply, vandalism (of the cruiser), receiving stolen property (a stolen license plate on the car he was driving), OVI, and aggravated possession of drugs (Percocet).... More...   $0 (07-20-2018 - OH)

J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak

On January 17, 2006, Zak was seriously injured when the car in which she was a passenger struck a semi tractor-trailer that had been wrecked approximately one hour earlier by Brown, a driver employed by Hunt. J.B. Hunt Transp., Inc. v. Guardianship of Zak, 58 N.E.3d 956 (Ind. Ct. App. 2016), trans. denied. On October 26, 2006, the Guardianship filed a complaint against the Appellants, alleg... More...   $0 (07-20-2018 - IN)

State of Minnesota vs. Antionette Rie Johnson

On June 12, 2016, at 8 p.m., Daryl Curtis shot and killed Renaldo McDaniel in the
parking lot of an auto parts store in Saint Paul. See State v. Curtis, 905 N.W.2d 609, 612–
14 (Minn. 2018). Police obtained surveillance footage from a nearby Walmart and a
childcare center. The footage from Walmart showed that, before the shooting, Curtis was
accompanied by two women, T.S. and... More...
   $0 (07-19-2018 - MN)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

Gary Clark v. Robert Colbert

This case involves an encounter between law enforcement and a
schizophrenic individual suffering a psychotic episode. Officers from the
Wagoner County Sheriff’s Department responded to a call from Gary Clark’s
brother, who was having troubling restraining him. The Sheriff’s Department, in
turn, requested help from the neighboring Broken Arrow Police Department. The
Broken Arrow... More...
   $0 (07-19-2018 - OK)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

Vincent McFadden v. State of Missouri

The detailed facts are set out in Mr. McFadden’s prior appeals and will be repeated here only insofar as they are relevant to his postconviction claims. On May 15, 2003, Eva Addison1 was at Maggie Jones’ house on Blakemore in Pine Lawn when Mr. McFadden arrived at the house with a friend.2 Eva and Mr. McFadden had a child together. When Mr. McFadden got out of the car, he kissed the child, ... More...   $0 (07-19-2018 - MO)

LOWELL CLYDE MILNER v. STATE OF MISSOURI Failing to register as a sex offender

Milner pleaded guilty to two counts of failing to register as a sex offender. The
circuit court sentenced Milner to four years’ imprisonment for each count to run
consecutively. The circuit court suspended execution of Milner’s sentence, and placed
him on five years’ probation. Subsequently, Milner’s probation was revoked, his
sentence was executed, and he was delivered to t... More...
   $0 (07-19-2018 - MO)

Steven Morales v. United States of America District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government . . .... More...   $0 (07-19-2018 - AZ)

Lacey Robinett v. Shelby County Healthcare Corporation United States District Court for the Eastern District of Arkansas - Jonesboro, Arkansas

Lacey Robinett appeals the district court’s 1 grant of judgment on the pleadings
to Shelby County Healthcare Corporation (“the Med”) and Avectus Healthcare
1The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas.
Solutions, LLC. Robinett contends that the district court erroneously concluded that
the federal and Arkansas Medicaid laws... More...
   $0 (07-18-2018 - AR)

Calvin Fletcher, Sr. v. Joseph Tomlinson Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis Police Department (SLPD) Officers Nicholas Martorano and John
Moton appeal from the district court’s judgment, 1 entered upon a jury verdict, finding
that they used excessive force in their apprehension and arrest of Calvin Fletcher and
awarding damages to Fletcher totaling $600,000. They raise three issues on appeal:
(1) the district court erred in allowing Fletcher to r... More...
   $0 (07-18-2018 - MO)

Post Foods, LLC v. The Superior Court of Los Angeles, Richard Sowinski, Real Party in Interest

Petitioners Post Foods, LLC, General Mills, Inc., General
Mills Sales, Inc., and Kellogg USA, Inc. petition for a writ of
mandate directing the superior court to vacate its June 26, 2017
order denying their motion for summary judgment and issue an
order granting the motion. We issued a stay pending this Court’s
resolution of the petition and an order to show cause why a writMore...
   $0 (07-17-2018 - CA)

United States of America v. Marq Vincent Perez Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Houston, TX - Jury Convicts Texas Man of Hate Crime in the Burning of Victoria, Texas, Mosque

The Justice Department today announced that a federal jury in Victoria, Texas, has returned guilty verdicts on all counts as charged related to the 2017 burning of a local mosque. Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division, U.S. Attorney Ryan Pat... More...
   $0 (07-17-2018 - TX)

Scott Robinett v. City of Indianapolis, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Scott Robinett and the City of Indianapolis were codefendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in a tragic murder-suicide, and the murder victim’s estate asserted claims against Robinett and the City under 42 U.S.C. § 1983 and Indiana law. They ... More...   $0 (07-17-2018 - IN)

L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

STATE OF KANSAS v. TRAVIS MONTEZ JOHNSON

On the evening of February 20, 2016, Jaron Sanders invited Dominique Shugart and her cousin, Shavontee Heally, over to his house. When the women arrived, approximately 12 other guests were already there, including Travis Johnson and Terrance Harvell. Sanders was flirtatious and friendly with Heally. Shugart invited another friend, Regina Stuart, to the party, and she arrived when she got off work.... More...   $0 (07-16-2018 - KS)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Jamarcus Jackson

The Defendant’s convictions relate to events that occurred at The Battery, a Johnson City nightclub, in the early morning hours of March 23, 2014. The second degree murder conviction relates to the shooting death of Deshaun Greer.1 The assault conviction relates to Zachary Breedlove, and the reckless endangerment conviction relates to Jonathan McInturff.
At the trial, Amanda Chappell, test... More...
   $0 (07-14-2018 - TN)

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