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Intentional Tort Law
 
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)

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)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

State of Wisconsin v. Shaun M. Sanders

Sanders raises a single issue for our review: do
circuit courts possess statutory competency3 to proceed in
criminal matters when the adult defendant was charged for
conduct he committed before his tenth birthday?
¶3 We hold that circuit courts possess statutory
competency to proceed in criminal matters when the adult
defendant was charged for conduct he committed ... More...
   $0 (05-19-2018 - WI)

State of Wisconsin v. Lamont Donnell Sholar

In late September 2011, Sholar and his life-long
friend, Shawnrell Simmons, were arrested after two victims, E.C.
and S.G., separately reported to police that they had been
victims of sex trafficking by Sholar (and that other girls had
been trafficked by Simmons) out of several motel rooms near the
Milwaukee airport, including the Econolodge on 13th Street. The
State... More...
   $0 (05-19-2018 - WI)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

JARMALL KELLEY V. STATE OF ARKANSAS

Appellant Jarmall Kelley appeals his conviction by a Jefferson County jury of residential burglary, aggravated assault, theft by receiving, and interference with custody. On appeal, Kelley argues that the circuit court erred in denying his motions for directed verdict because the State failed to present sufficient evidence to support his conviction for aggravated assault.
We cannot reach the m... More...
   $0 (05-18-2018 - AR)

STATE OF LOUISIANA VERSUS DEXTER ALLEN

On July 30, 2015, a Jefferson Parish Grand Jury indicted defendant, Dexter
Allen, on two counts of second degree murder (counts one and two), violations of
La. R.S. 14:30.1, and 21 counts of simple burglary (counts five through 23), in
violation of La. R.S. 14:62.1 Defendant pled not guilty at his arraignment on
September 11, 2015. On October 11, 2016, the matter proceeded to... More...
   $0 (05-18-2018 - )

STATE OF LOUISIANA VERSUS KEVIN M. PARNELL, JR. FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

On March 27, 2017, the Jefferson Parish District Attorney filed a bill of
information charging defendant and five co-defendants with multiple offenses.
Defendant was charged with armed robbery with a firearm in violation of La. R.S.
14:64.3(A) (count one); aggravated second degree battery with a dangerous
weapon, by intentionally inflicting serious bodily injury in violation o... More...
   $0 (05-18-2018 - LA)

United States of America v. John Kelsey Gammell District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - New Mexico Man Sentenced to 15 Years in Prison for Directing Computer Attacks Against Websites of Dozens of Victims and Felon-In-Possession Charges

A New Mexico man was sentenced today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, and felon-in-possession of a firearm charges. ... More...
   $0 (05-18-2018 - MN)

Angie E. Romero v. United States of America Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Ft. Pierce, FL - Angie E. Romero sued the United States of America on a Federal Tort Claims Act personal injury auto negligence.... More...   $0 (05-17-2018 - FL)

Angie E. Romero v. United States of America Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Ft. Pierce, FL Angie E. Romero sued the United States of America on a Federal Tort Claim Act personal injury auto negligence theory.... More...   $0 (05-17-2018 - FL)

Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th... More...
   $0 (05-17-2018 - IL)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Green Tree Servicing, LLC v. Henry House; Linda Murrell Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Henry House, Linda Murrell (the House Parties), and other plaintiffs
sued Green Tree Servicing and various other entities (the Green Tree Parties)
in a related action.1 The Green Tree Parties initiated the present suit in
1 Green Tree Servicing, L.L.C. v. Billy Brown, No. 17-60105.
Case: 17-60164 Document: 00514471076 Page: 1 Date Filed: 05/14/2018
No. 17-60164
2
federa... More...
   $0 (05-15-2018 - MS)

Rhonda Williams v. Mosaic Fertilizer, LLC Middle District of Florida Federal Courthouse - Tampa, Florida

In this toxic tort suit, Rhonda Williams appeals the District Court’s grant of summary judgment against her and in favor of Mosaic Fertilizer, LLC (“Mosaic”).
* Honorable Ursula Ungaro, United States District Judge for the Southern District of Florida, sitting by designation.
Case: 17-10894 Date Filed: 05/14/2018 Page: 1 of 22
2
Ms. Williams alleged that toxic substances emitted fr... More...
   $0 (05-14-2018 - FL)

Larry Anthony Crosley vs State of Florida

The appellant, Larry Anthony Crosley, challenges the trial court’s denial of his Florida Rule of Criminal Procedure 3.800(b)(2) motion challenging his sentence of life imprisonment based on the trial court’s finding that he qualified as a Prison Releasee Reoffender (PRR). The State has conceded error, and we find that the appellant’s conviction for burglary with assault or battery does not qualif... More...   $0 (05-14-2018 - FL)

State of Tennessee v. Gabriel Dotson

On December 16, 2014, a Shelby County Grand Jury indicted the defendant for rape of a child, aggravated sexual battery, rape, statutory rape by an authority figure, and incest. The charge for statutory rape by an authority figure was later dismissed.

The defendant was charged with abusing his biological daughter, G.D.1 At the time of the trial, she was nineteen years old. The victim,... More...
   $0 (05-14-2018 - TN)

Debbie Williams, et al. v. Affinion Group, LLC, et al. Southern District of New York - New York, New York

The post‐transaction marketing employed by Trilegiant and its e‐merchant
partners functions as follows. Online merchants such as Buy.com, Inc. and
Priceline.com, Inc. enter into an arrangement with Trilegiant to permit the
advertisement of membership club programs to their customers. In the course
of completing a transaction, a link, banner, or webpage appears on theMore...
   $0 (05-14-2018 - NY)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

STATE OF KANSAS v. LESLIE D. PRUITT

On the evening of March 6, 2015, David Simonton drove a semitrailer truck to a local Sam's Club to make a delivery. His cousin, Craig Wolfe, accompanied him on the delivery. Upon detaching the trailer, the two men planned "[t]o find a club [and] get some weed" that evening. Simonton drove the cab to a nearby Walmart and purchased a small quantity of marijuana from some individuals. Simonton then e... More...   $0 (05-12-2018 - KS)

Charles Ray Martin v. The State of Texas Elderly sex offender gets life for fondling teen

The complainant told her grandmother that she was touched inappropriately by appellant, a congregant in the grandmother’s church. The grandmother notified the church, which then notified police, who eventually arrested appellant for indecency with a child. Appellant was convicted of that offense in a nonjury trial, and now, in a single issue, appellant contends that the evidence is insufficient to... More...   $0 (05-12-2018 - TX)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

David Grantham v. The State of Texas Tenth Court-Appeals

David Grantham appeals from a conviction for the offense of engaging in
organized criminal activity, for which he was sentenced to twenty-seven (27) years in
prison after pleading true to two enhancements. TEX. PENAL CODE ANN. §§ 71.02, 12.42(d)
(West 2011). Grantham complains that his plea was not voluntary because he was not
properly admonished on the appropriate range of p... More...
   $0 (05-11-2018 - TX)

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