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Malicious Prosecution Law
Randall Thompson v. Herbert Hamm

Plaintiff-Appellant Randall Thompson (―Appellant‖) was the Maintenance Manager at the City of Memphis South Water Treatment Plant (―the plant‖) for over four years. During his tenure as Maintenance Manager, the City allegedly received numerous complaints against Appellant concerning racial discrimination against African Americans. In May 2008, Defendant-Appellee Herbert Ham... More...   $0 (11-18-2015 - TN)

Randall Thompson v. Herbert Hamm

Plaintiff-Appellant Randall Thompson (―Appellant‖) was the Maintenance Manager at the City of Memphis South Water Treatment Plant (―the plant‖) for over four years. During his tenure as Maintenance Manager, the City allegedly received numerous complaints against Appellant concerning racial discrimination against African Americans. In May 2008, Defendant-Appellee Herbert Ham... More...   $0 (11-17-2015 - TN)

Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in th... More...   $0 (11-04-2015 - IL)


On June 21, 2011, Dubuque police received a report of a woman armed with a knife and threatening suicide. Officer Jason Pace was dispatched to the scene. Upon arrival, Officer Pace was informed that the subject of the report was Koreen Erickson. He was also advised that other residents on the street had disarmed Erickson and she had left the area on foot. Officer Pace was able to locate Erick... More...   $0 (10-23-2015 - IA)

Mark Whiting v. James Lillicrap, et al., ,

Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and
control of Defendant Vermont Department of Corrections (the “Department”), who
is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is
awaiting trial on twelve criminal charges in a case pending in the Criminal Division
of this Unit, Docket No. 566-10-13 Oscr. The charges incl... More...
   $0 (10-21-2015 - VT)

DeMarco Deon Williams v. City of Tulsa

Plaintiff DeMarco Deon Williams appeals from two district court orders that together dismissed all claims asserted against defendants City of Tulsa and Tulsa Police Chief Ron Palmer arising out of alleged misconduct by Tulsa Police Officers. The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res j... More...   $0 (10-11-2015 - OK)

Kevin J. Witasick, Sr. v. Minnesota Mutual Life Insurance Company

A disability policy and a business overhead expense policy issued by Appellee Minnesota Life Insurance Company covered Appellant Kevin Witasick.1 Those policies were later acquired and administered by Appellee Standard Insurance Company. Witasick made claims against both policies, which were honored by the Appellees. A dispute arose, however, concerning the coverage of some of Witasick’s claimed b... More...   $0 (10-02-2015 - NJ)

Extendicare Homes, Inc. v. Belind Whisman and Kimdred Nursing Extendicare Homes, Inc.

This decision consolidates three cases accepted by this Court for
discretionary review pursuant to CR 65.09. By way of motions for interlocutory
relief under CR 65.09, Extendicare Homes, Inc. d/b/ / Shady Lawn Nursing
Home ("Extendicare"), and its affiliated entities,' and Kindred Nursing Centers
Limited Partnership d/b/a Winchester Centre For Health and Rehabilitation
n/k... More...
   $0 (09-28-2015 - KY)

Randy Cole, et al v. Michael Hunter, et al

Seventeen-year-old Ryan Cole was a junior at Sachse High School.1 Ryan suffered from obsessive-compulsive disorder. The night before the shooting, he quarreled with his parents, and later took guns and ammunition from their gun safe. He visited his friend Eric Reed Jr. late that night. One of the cases before us comes from a denial of summary judgment, and one from a denial of a motion to dismiss.... More...   $0 (09-28-2015 - TX)

Raymond Bronowicz v. County of Allegheny

Bronowicz’s § 1983 claims arise from a complicated series of sentencing and probation revocation proceedings that allegedly had the cumulative effect of unlawfully imposing on Bronowicz additional penalties for criminal judgments that had already been satisfied. Because the sequence of events that culminated in his wrongful incarceration is complex, we must discuss the initial criminal charges an... More...   $0 (09-27-2015 - PA)

Ted Bradford v. Joseph Scherschligt

Ted Bradford was convicted in 1996 of residential burglary and rape. In 2008, after Bradford served his full tenyear sentence, the Washington State courts vacated his conviction based largely on newly-available DNA testing, which excluded him as a contributor of genetic material found at the crime scene. Prosecutors then proceeded to retry Bradford, which resulted in his acquittal in 2010. In 2... More...   $0 (09-25-2015 - WA)

Randy Cole v. Michael Hunter

Seventeen-year-old Ryan Cole was severely injured in an armed encounter with police. Ryan and his parents, Karen and Randy Cole (“the Coles”), brought suit against Officers Michael Hunter and Martin Cassidy, alleging that they violated Ryan’s Fourth Amendment right not to be subjected to excessive force. They also sued Officer Carl Carson, alleging Carson violated Ryan’s rights under the Fourth an... More...   $0 (09-25-2015 - TX)

Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.

Indiana courts may exercise personal jurisdiction over non-residents to the fullest extent of “minimum contacts” precedent under the Fourteenth Amendment. Still, we scrutinize those contacts closely so out-of-state defendants will not be unfairly called into our state to defend themselves. Here, a Kentucky attorney’s contacts and connections with Indiana were far too minimal to permit personal jur... More...   $0 (09-20-2015 - IN)

Aaron Willey v. Robert A. Kirkpatrick

Plaintiff‐Appellant Aaron Willey alleges that, while incarcerated in New
York, he endured a cruel campaign of harassment at the hands of corrections
officers in retaliation for his refusal to provide false information against another
inmate. The course of retaliatory conduct he alleges included smaller indignities
like frequent harassment and a week’s worth of meals that were... More...
   $0 (08-28-2015 - NY)

Xcentric Ventures, LLC v. Lisa J. Borodkin

Xcentric Ventures appeals the district court’s grant of
summary judgment and judgment on the pleadings in favor of
defendants Mobrez and Llaneras and Rule 12(b)(6) dismissal
of defendant Borodkin in Xcentric’s malicious prosecution
action. We have jurisdiction pursuant to 28 U.S.C. § 1291


and review de novo. We agree with the distri... More...
   $0 (08-25-2015 - AZ)

Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Lee v. Hanley

Code of Civil Procedure section 340.6, subdivision (a) (hereafter section 340.6(a)) provides: “An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the w... More...   $0 (08-20-2015 - CA)

Albert A. Gore v. Al Jazeera America Holdings I, Inc.

Because we are reviewing an order granting summary judgment in favor of Defendants-Appellees and a motion to reconsider that order, the following factual summary is based on the facts as averred by Plaintiff-Appellant Bryan Santini (“Santini”).1 This appeal arises from an altercation between Santini and several members of the New Jersey State Police that took place on February 3, 2009. (Deposition... More...   $0 (08-16-2015 - NJ)

Robert Cahaly v. Paul LaRosa, III

Robert C. Cahaly, a self-described Republican political consultant, was arrested for alleged violations of South Carolina’s anti-robocall statute. After the charges were dismissed, Cahaly filed suit, challenging the statute on three First Amendment grounds: as an unlawful regulation of speech, as impermissibly compelling speech, and as unconstitutionally vague. Cahaly also sought damages from the ... More...   $0 (08-06-2015 - SC)

Bryan M. Santini v. Colonel Joseph H. Fuentes

Appellant Bryan M. Santini appeals from two final
decisions of the District Court for the District of New Jersey:
(1) its September 18, 2013 decision granting summary
judgment against him and (2) its May 6, 2014 decision
denying his motion seeking reconsideration of the court’s
September decision. Santini v. Fuentes, Civ. Act. No. 11-639-
JAP, 2013 WL 5554257, at *6 (D.N.J.... More...
   $0 (08-06-2015 - NJ)

Leroy Davis v. Javier Velez, James Lukeson and Gary Calhoun

13 Defendants Javier Velez and James Lukeson, officers in the New York City Police
14 Department ("NYPD"), and defendant Gary Calhoun, an NYPD sergeant, appeal from a judgment
15 entered in the United States District Court for the Eastern District of New York following a jury trial
16 before Jack B. Weinstein, Judge, ordering Velez and Lukeson each to pay plaintiff Leroy Davis
17 $... More...
   $0 (08-04-2015 - NY)

Klotz v. Milbank,Tweed, Hadley & McCloy

Defendants Milbank, Tweed, Hadley & McCloy (Milbank) and Deborah Festa (Festa) appeal the trial court‘s order overruling their demurrer and denying their motion to strike the First Amended Complaint under Civil Code section 1714.10.1 Plaintiffs SageMill LLC (SageMill), Adam Klotz (Klotz) and Richard Spitz (Spitz) alleged that a former business associate of theirs, Stephen Bruce (Bruce), who was a... More...   $0 (07-28-2015 - )

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Louis Dana Gradisher v. City of Akron

One afternoon, plaintiff Louis Dana Gradisher consumed multiple
alcoholic drinks, then made several erratic phone calls to 911 complaining about someone with a
gun. When officers from the City of Akron Police Department arrived at his residence and
Gradisher locked his door and retreated upon seeing them, they feared that someone inside might
No. 14-3973 Gradisher v. City of ... More...
   $0 (07-24-2015 - OH)

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement. ... More...
   $0 (07-12-2015 - FL)

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