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Mitigation of Damages Law
 
RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Duncan E. Prince v. Invensure Insurance Brokers, Inc. v. Erm Insurance Brokers, Inc., Cross-defendant and Appellant

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant Duncan E. Prince obtained a judgment of
$647,706.48 against defendant and cross-complainant Invensure Insurance Brokers, Inc.
(Invensure). Invensure took nothing on its cross-complaint against Prince and his related
business entity, cross-defendant ERM Insurance... More...
   $0 (05-20-2018 - CA)

Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin... More...   $0 (05-19-2018 - CA)

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)

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 - )

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)

Michael Benaroya v. Bruce Willis

Benaroya Pictures (Benaroya) contracted with Westside
Corporation (Westside) to pay the well-known actor Bruce Willis, the
2
president of Westside, to perform in a movie to be produced by
Benaroya. After a dispute arose regarding Willis’ payment, Willis and
Westside (collectively respondents) commenced arbitration proceedings
against Benaroya, pursuant to the arbitration c... More...
   $0 (05-18-2018 - CA)

Leon Howell Couvillion v. The State of Texas Texas Court of Appeals, Ninth District

Deputy Magdalena Strong of the Montgomery County Sheriff’s Office
testified that in March 2016, she responded to a 9-1-1 call at the home of Couvillion
and C.G. According to Strong, C.G. called 9-1-1 and reported that Couvillion had
pushed C.G. on the chest, and Strong observed red marks on C.G.’s neck. Strong
testified that C.G. was highly upset and initially resisted giving ... More...
   $0 (05-17-2018 - TX)

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)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

United States of America v. City and County of Denver District of Colorado Federal Courthouse - Denver, Colorado

Denver, CO - Justice Department Reaches Agreement with the City and County of Denver to Resolve Disability Discrimination Complaint

The Justice Department today announced that it reached an agreement with the City and County of Denver, Colorado, (Denver) to resolve its lawsuit alleging that the Denver Sheriff Department discriminated against a long-time Deputy Sheriff on the basis of his ... More...
   $0 (05-16-2018 - CO)

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)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

GREEN MEADOW REALTY CO. v. GILLOCK

This case concerns a dispute between Green Meadow Realty Co. (Realtor) and Roger and Mary Gillock (Owners) over Realtor's right to a commission. The trial court and Court of Civil Appeals resolved this dispute in favor of Realtor on the basis of the summary judgment record presented by the parties. Both courts found Owners were bound by an addendum to the listing agreement, even though it containe... More...   $0 (05-15-2018 - OK)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Kathryn G. Collier and Benjamin M. Seitz v. SP Plus Corporation Northern District of Illinois Courthouse - Chicago, Illinois

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441; the defendant justifies removal but says the case then required dismissal for lack of standing. The district ... More...   $0 (05-14-2018 - )

STATE OF OHIO vs. CHRISTIAN N. MORGAN

In March 2016, Morgan, age 17, was charged in a juvenile court complaint,
which alleged that he committed two second-degree felony offenses of felonious assault,
if committed as an adult. It was alleged that during an altercation at a laser tag facility,
Morgan assaulted the victim who suffered severe and serious physical harm. Following
a hearing, the juvenile court found Mo... More...
   $0 (05-14-2018 - OH)

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)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $0 (05-14-2018 - NY)

STATE OF ARIZONA v. VINCENT JOSEPH GUARINO

To secure membership in the Aryan Brotherhood, a criminal gang, Defendant Vincent Guarino (“Guarino”) sought to murder Chad Rowe. Accompanied by his brother Frank Guarino (“Frank”), Guarino went to a home in north Phoenix. Guarino entered, found Chad, and brought him out at gunpoint. The three men drove away in a truck. Chad’s body was later found in a residential street. He had been stabbed ... More...   $0 (05-13-2018 - AZ)

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)

DANNY SNAPP v. UNITED TRANSPORTATION UNION and BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY

Snapp worked for BNSF from 1971 through 1999. He rose through the ranks, becoming a Division Trainmaster in 1986. Due to tiredness and low energy, he went to a doctor in 1994. He was diagnosed with sleep apnea and had surgeries in 1996 and 1998 in unsuccessful attempts to correct his condition. In 1999, BNSF received a report from Snapp’s physician. Snapp’s supervisor told Snapp he did not bel... More...   $0 (05-12-2018 - WA)

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)

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