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Mitigation of Damages Law
 
Nicholas Sampson v. Investigator William Lambert District of Nebraska Federal Courthouse - Omaha, Nebraska

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...
   $0 (09-18-2018 - NE)

Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...
   $0 (09-18-2018 - ND)

State of Tennessee v. Kaylecia Woodard

On June 16, 2014, the defendant, Anthony Smith, and Timeya Harris robbed the Grocery and Tobacco Market in Knoxville, Tennessee. The defendant was the getaway driver while Mr. Smith entered the store and Ms. Harris acted as the look-out. In 2015, a 09/13/2018 -2 Knox County jury convicted the defendant of two counts of aggravated robbery. The criminal gang enhancement statute was used to incr... More...   $0 (09-17-2018 - TN)

Shonda Martin v. Milwaukee County Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee County (“County”) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training. Bu... More...
   $0 (09-17-2018 - WI)

Kashiya Nwanguma v. Donald J. Trump Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Plaintiffs participated in a Trump for President campaign rally in Louisville in March 2016 . . . with the purpose of protesting. Perceived to be disruptive, they were unceremoniously ushered out after then-candidate Donald J. Trump said, “Get ’em out of here.” Plaintiffs were pushed and shoved by members of the audience as they made their exit and now seek damages from Trump alleging his actions ... More...   $0 (09-17-2018 - kY)

Joe Ribakoff v. City of Long Beach

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-16-2018 - CA)

COMMONWEALTH vs. MAKSIM LUTSKOV MoreLaw Suites - The Best Place In Tulsa To Practice Law

The defendant, Maksim Lustkov, was sixteen years old in October, 1999, when he committed an armed home invasion during which he shot one occupant three times in front of the occupant's teenage daughter. A Juvenile Court jury adjudicated the defendant a youthful offender on indictments charging armed home invasion and various related offenses, and he was sentenced to a mandatory minimum State pri... More...   $0 (09-16-2018 - MA)

COMMONWEALTH vs. FERNANDO PEREZ MoreLaw Suites - The Best Place In Tulsa To Practice Law

In Commonwealth v. Perez, 477 Mass. 677, 688 (2017) (Perez I), we determined that the juvenile defendant, 2 Fernando Perez, received a sentence for his nonhomicide offenses that was presumptively disproportionate under art. 26 of the Massachusetts Declaration of Rights in that the time he would serve prior to parole eligibility exceeded that applicable to a juvenile convicted of murder. We th... More...   $0 (09-16-2018 - MA)

State of Iowa v. Derek E. Ueligger

On November 2, 2016, Ueligger operated a vehicle while under the
influence of multiple controlled substances. Ueligger’s vehicle crossed the center
line on a highway and struck a vehicle carrying four women. Two women, Dawn
Christensen and Norma Caltrader, died as a result of the accident. The other two
women, Marilyn Ehrsam and Betty Schultz, were seriously injured.
O... More...
   $0 (09-15-2018 - IA)

Mel Dietz and Vicki Dietz v. Crossroads Christian Church Tarrant County Courthouse - Fort Worth, Texas

Fort Worth, TX - Jury Awards Retired Pastor and Wife $4 Million in Damages

A Tarrant County jury delivered a $3.7 million verdict against Crossroads Christian Church for failing to provide supplemental retirement benefits to its former Executive Pastor and his wife, both of whom served the church for more than 20 years.

Mel Dietz, who previously served as Executive Pastor from 19... More...
   $3700000 (09-15-2018 - )

Christopher Vasquez v. Solo 1 Kustoms, Inc.

Defendant SOLO 1 Kustoms, Inc. (SOLO) appeals a
judgment in favor of plaintiff Christopher Vasquez. After a bench
trial, the court found SOLO liable for performing unauthorized
repair work on Vasquez’s car in violation of Business and
Professions Code section 9884.9, and awarded Vasquez $12,000
in damages. On appeal, SOLO contends there is no private cause
of action for vio... More...
   $0 (09-15-2018 - CA)

Joe Ribakoff v. City of Long Beach, et al.

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-14-2018 - CA)

Equal Employment Opportunity Commission v. Costco Wholesale Corporation Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thomp-son, a customer of Costco, for over a year. Things got so bad
* Of the Eastern District of Wisconsin, sitting by designation.
2 Nos. 17-2432 & 17-2454
at the end that Suppo secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leav... More...
   $0 (09-13-2018 - IL)

STATE OF KANSAS v. JAMES FRANKLIN ATKISSON, JR. MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

This is Atkisson's second appeal from decisions denying his motions to depart from Jessica's Law's hard 25 life sentence. The State initially charged Atkisson with two counts of raping a child under 14 years old. The State alleged these crimes occurred between October 31 and November 1, 2013, in Anderson County. While those charges were pending, Atkisson faced related criminal exposure in neighbor... More...   $0 (09-13-2018 - KS)

STATE OF KANSAS v. KURT POWELL MORELAW Legal Services Marketing Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work.

Kurt Powell pleaded guilty to one count of aggravated indecent liberties with a child under 14. At the plea hearing, he admitted inappropriately touching the victim, with intent to arouse or satisfy sexual desires, when she was under 14 years old and he was over 18. The crime occurred between February and November 2013. The district court accepted the plea and found Powell guilty. The conviction c... More...   $0 (09-13-2018 - KS)

United States of America v. Kenneth McLay District of Maine Federal Courthouse - Bangor, Maine

Bangor, ME - Old Town Man Pleads Guilty to Distribution and Possession of Child Pornography

Kenneth McLay, 46, of Old Town, Maine, pleaded guilty on September 10, 2018 in U.S. District Court to distribution and possession of child pornography.

According to court records, the defendant obtained sexually explicit videos of a minor from the internet and uploaded some of these videos... More...
   $0 (09-13-2018 - ME)

Jane Doe v. Harvard Pilgrim Health Care, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Jane Doe's insurer, Harvard
Pilgrim Health Care ("HPHC"), deemed part of the time Doe spent at
a mental health residential treatment facility not medically
necessary under the health care benefits plan established by the
employer of Doe's parent. HPHC therefore denied coverage for that
portion of the treatment. After several unsuccessful
administrative appeals, Doe sued HPH... More...
   $0 (09-13-2018 - MA)

Brian Reynolds v. Henderson & Lyman and Douglas Arend Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal arises out of a malpractice suit that Brian Reynolds brought against the law firm Hen-derson & Lyman and one of its lawyers (collectively “H&L”), alleging that H&L gave negligent advice to several LLCs that Reynolds co-owned and managed. According to Reynolds, H&L’s bad advice led him to violate federal disclosure laws
2 No. 17-1999
when he drafted the LLCs’ financial statement... More...
   $0 (09-12-2018 - IL)

United States of America v. Daniel Sullivan District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms

Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms.

According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hamps... More...
   $0 (09-12-2018 - NH)

STATE OF OHIO v. DAWUD SPAULDING

In the early morning of December 15, 2011, Mr. Spaulding shot and paralyzed
Patrick Griffin while he was leaving a house on Grant Street. Merely hours later, Mr. Spaulding
shot and killed both Erica Singleton and Ernie Thomas outside of the same house. Mr.
Spaulding was arrested the following day. After a jury trial, Mr. Spaulding was convicted of two
counts of aggravated mu... More...
   $0 (09-12-2018 - OH)

Cheryl Searcy v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

Bogustawa Frey v. North Coleman Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...
   $0 (09-11-2018 - IL)

STATE OF OHIO v. ROSS M. MCWAY

McWay had been in a relationship with Wendy Jeffers (“Jeffers”) for
about one year as of January, 2017. Tr. 261, 364-365. In 2016, McWay was
incarcerated, awaiting a trial scheduled on a charge not related to this present case.
Tr. 249. An inmate incarcerated with McWay, Casey Smith (“Smith”), later
testified at trial that Jeffers visited McWay at the jail on January 1, 201... More...
   $0 (09-11-2018 - OH)

STATE OF KANSAS v. MICHAEL DWAYNE GEORAGE MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law

Georage's appeal stems from his convictions in two criminal cases—16CR149 and 16CR311. In February 2016, the State charged Georage in 16CR149 with one count each of aggravated robbery, aggravated battery, aggravated assault, attempted aggravated kidnapping, and battery. In March 2016, the State charged Georage in 16CR311 with three counts each of forgery and theft by deception. We consolidated the... More...   $0 (09-10-2018 - KS)

Richard Dent v. National Football League Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal requires us to decide whether a variety of
state-law claims brought against the National Football
League (NFL) by former professional football players are
preempted by § 301 of the Labor Management Relations Act
(LMRA), 29 U.S.C. § 141.
The district court held that the players’ claims are
preempted and dismissed their suit. We disagree. As pled,
the players’... More...
   $0 (09-10-2018 - CA)

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