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Medical Malpractice Law
 
Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de... More...   $0 (02-24-2018 - WV)

Phillip J. Singer v. Kenneth Reali, et al. Federal Courthouse - Wilmington, North Carolina

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Ralph Hanvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Deborah Meek Hickerson v. Yamaha Motor Corporation, USA District of South Carolina Federal Courthouse - Columbia, South Carolina

Deborah Meek Hickerson sustained serious internal injuries in a personal watercraft (“PWC”) accident and filed a complaint in the District of South Carolina against the manufacturers of the PWC, Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co., Ltd. (collectively “Yamaha”). In her complaint, Hickerson alleged product liability claims under South Carolina law for design and warning defects. Th... More...   $0 (02-24-2018 - SC)

State Compensation Jnsurance Fund v. Worker's Compensation Appeals Board and Jose A. Guzman

Respondent Jose A. Guzman, a construction laborer, was operating a compactor
when he was injured. The compactor, which is used to pack down soil, hit a rock while
Guzman was working on a hillside with a 45-degree slope. The compactor rose in the air,
caused Guzman to fall backwards, and then fell on top of him. The workers’
compensation judge (WCJ) determined that Guzman sustained ... More...
   $0 (02-24-2018 - CA)

Mitchell Wall v. Dr. Brian Bushman Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Scranton, PA - _ Jury Rules In Favor Of Prison Physician On Eighth Amendment Claim By Federal Prisoner

On February 21, 2018, a jury returned a verdict in favor of a prison physician rejecting a prisoner’s claim that his Constitutional rights were violated. The two-day jury trial was held before United States District Court Judge Malachy E. Mannion.

According to United States At... More...
   $0 (02-23-2018 - PA)

United States of America v. Jalen Cameron Madison Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - Westmoreland County Man Sentenced for Selling Deadly Heroin and Fentanyl

A resident of Monessen, Pennsylvania, has been sentenced in federal court to 96 months in prison on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.

Chief United States District Judge Joy Flowers Conti imposed the sentence yesterday on Jal... More...
   $0 (02-22-2018 - PA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

Save Lafayette v. City of Lafayette

Appellants Save Lafayette and Michael Griffiths appeal the trial court’s denial of
their petition for a peremptory writ of mandate requiring respondent City of Lafayette
(the City) to submit appellants’ referendum to a public vote. The City amended its
general plan to allow for a residential development in an area formerly designated as
administrative and office space. After the ti... More...
   $0 (02-22-2018 - CA)

United States of America v. Edwin Deshazior Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Edwin Deshazior appeals his 180 month sentence following his conviction for being a felon in possession of a firearm. He argues that he should not have received a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. §§ 924(e)(1) and 924(e)(2)(B), because he did not have three prior convictions for violent felonies under the act and because his prior felon... More...   $0 (02-21-2018 - FL)

State of Iowa v. Christopher Scott Jepsen Crawford County Courthouse - Denison, Iowa

A criminal defendant was convicted of two counts of sexual abuse in the third degree. Although one count constituted a forcible felony, the district court suspended the defendant’s prison sentence and instead ordered a five-year term of probation. After the defendant served four years, four months, and four days of probation, the district court vacated the suspended sentence for illegality and res... More...   $0 (02-20-2018 - )

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

State of Oklahoma v. Gaylon Bert Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Anadarko, OK - The State of Oklahoma charged Gaylon Bert with:

1. POSSESSION OF CONTROLLED SUBSTANCE W/IN 1000FT PARK OR SCHOOL

2. ATTEMPTING TO ELUDE POLICE OFFICER

3. DRIVING WITH LICENSE SUSPENDED

Docket
Date Code Description Count Party Amount
03-02-2017

FILE, ENTER, RECORD INFORMATION

Document Available (#CC17022100... More...
   $0 (02-19-2018 - OK)

State of Oklahoma v. Rene Lopez-Flores Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Anadarko, OK - The State of Oklahoma charged Rene Lopez-Flores with:

1. FELONIOUSLY POINTING FIREARM

2. ASSAULT AND BATTERY

Docket
Date Code Description Count Party Amount
01-06-2017

FILE, ENTER, RECORD INFORMATION

Document Available (#CC17010600000255) Download document in TIFF format.TIFF Download document in PDF format.PDF<... More...
   $0 (02-19-2018 - OK)

State of OKlahoma v. Mervala Zumwalt Caddo County Courthouse - Anadarko, Oklahoma

Anadarko, OK - The State of OKlahoma chraged Mervala Zumwalt with:

1. DUI (OHP/SHF FELONY), in violation of 47 OS 11-902(A)(2)

2. DRIVING WITH LICENSE CANCELLED/SUSPENDED/REVOKED

Docket
Date Code Description Count Party Amount
01-03-2017

FILE, ENTER & RECORD INFORMATION

Document Available (#CC17010300000198) Download document in TIF... More...
   $0 (02-19-2018 - OK)

State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Medical Recovery Services, LLC v. Robert Lopez Idaho Supreme Court - Boise, Idaho

Medical Recovery Services, LLC (“MRS”) appeals a district court’s judgment denying its request for postjudgment attorney fees on an appeal. The dispute arose after MRS attempted to collect a debt owed by Robert Lopez (“Lopez”). The magistrate court entered a default judgment and awarded attorney fees to MRS. MRS continued to incur attorney fees while attempting to collect on the default judgment a... More...   $0 (02-19-2018 - ID)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

United States of America v. Travis Daniel Counsell Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Cedar Rapids, IA - Meth Dealer Who Possessed Firearms to Serve 15 Years in Federal Prison

A man who possessed methamphetamine with the intent to distribute and who possessed several firearms in furtherance of his drug trafficking crime, including an AR-15 rifle, was sentenced February 12, 2018, to 15 years in federal prison.

Travis Daniel Counsell, 48, from Rockford, Iowa, receiv... More...
   $0 (02-18-2018 - IA)

United States of America v. Mark Cowden Northern District of West Virginia Federal Courthouse - Wheeling, West Virginia

Mark Cowden, a former lieutenant with the Hancock County Sheriff’s Office (HCSO) in West Virginia, was charged with deprivation of rights under color of law, in violation of 18 U.S.C. § 242, and knowingly making a false statement to impede a federal investigation, in violation of 18 U.S.C. § 1519. In a jury trial, the evidence showed that in the course of his police duties, Cowden assaulted Ryan H... More...   $0 (02-16-2018 - WV)

Alejandro Moreno v. Nancy Berryhill Northern District of Illinois Courthouse - Chicago, Illinois

Alejandro Moreno appeals the order of the
district court upholding the Social Security Administration’s
denial of his applications for Supplemental Security Income
and Disability Insurance Benefits. Mr. Moreno contends that,
among other shortcomings in the Administrative Law Judge’s
(“ALJ”) determination, he improperly relied on an outdated
mental-health assessment and fail... More...
   $0 (02-16-2018 - IL)

United States of America v. Katherine Rose Sparks District of Arizona Federal Courthouse - Phoenix, Arizona

Phoenix, AZ - Huachuca City Woman Sentenced to 7 Years in Federal Prison for Assault on a Federal Officer, Intent to Distribute Marijuana

Katherine Rose Sparks, 23, of Huachuca City, Ariz., was sentenced on February 8, 2018 by U.S. District Judge Rosemary Marquez to serve 84 months in prison and pay $49,930.73 in restitution. Sparks had previously pleaded guilty to possession with intent ... More...
   $0 (02-16-2018 - AZ)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Daniel Thomas, et al. v. Nationwide Children's Hospital, at at. Sixth Circuit Court of Appeals for the Sixth Circuit

Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Chil... More...
   $0 (02-16-2018 - )

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
2
Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

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