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Malicious Prosecution Law
 
North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a... More...
   $0 (12-18-2015 - SD)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a... More...
   $0 (12-18-2015 - SD)

GOWENS v. BARSTOW

On July 3, 2007, a paramedic supervisor, Defendant Ethan Barstow (Mr. Barstow), collided with a vehicle driven by the Plaintiff/Appellee, Elizabeth Gowens (Ms. Gowens) resulting in property damage to both vehicles and physical injury to Ms. Gowens. At the time of the collision, Mr. Barstow was a paramedic supervisor for the Defendant/Appellant EMSSTAT which is a division of the Defendant/Appellan... More...   $0 (12-16-2015 - OK)

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 t... More...   $0 (12-11-2015 - IL)

Nichols v. LaPlante

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar... More...   $0 (12-03-2015 - VT)

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)

STATE OF IOWA vs. IOWA DISTRICT COURT FOR DUBUQUE COUNTY

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

XCENTRIC VENTURES 4 V. BORODKIN

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)

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