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Mitigation of Damages Law
 
Omar Duarte v. The State of Texas

In December 1989, Appellant Omar Duarte was charged with the offense of
delivery of between 28 grams and 200 grams of heroin, a controlled substance. On
August 13, 1990, Duarte pleaded guilty to the charged offense. The written plea
admonishments, signed by Duarte, informed him that the possible punishment
range for the charged offense was “not more than 99 years” and “not le... More...
   $0 (04-29-2018 - TX)

CHS Inc. v. Riemers

In March 2016, CHS was awarded a money judgment against Riemers in the amount of $38,889. In April 2016, Riemers deposited $41,100 into an Alerus Bank account, apparently to be used for garnishment by CHS. In May 2016, on the motion of CHS, the district court entered an amended judgment ("Amended Judgment") in the sum of $41,793.72 to reflect the prejudgment interest accrued. We summarily affirme... More...   $0 (04-28-2018 - ND)

Russell Halbrook, et al. v. Mallinckrodt, LLC; Cotter Corporaiton Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Plaintiff-Appellants assert wrongful-death claims under the public-liability
provision of the Price-Anderson Nuclear Industries Indemnity Act (the “Price-
Anderson Act” or the “Act”) alleging exposure to nuclear radiation. See 42 U.S.C.
§§ 2014, 2210. Defendants moved to dismiss claims brought on behalf of persons
who passed away more than three years prior to the filing of suit. T... More...
   $0 (04-28-2018 - MO)

Dr. Robert Katz v. Cleveland Clinic Foundation Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Cleveland, OH - Dr. Robert Katz, age 77, sued the Cleveland Clinic Foundation on a civil rights violation theory claiming that he was discriminated against by the Defendant because of his age. He claimed that he was pressured to retire because of his age and that his patients were assigned to younger doctors.

The defenses asserted by Cleveland Clinic are not available.

04/27/201... More...
   $26400000 (04-28-2018 - OH)

DeVaughn Edwards v. State of Tennessee

After the Petitioner and three co-defendants participated in a home invasion on Mud Island in Memphis, the Petitioner was charged with three counts of especially aggravated kidnapping, especially aggravated robbery, especially aggravated burglary, aggravated robbery, and employing a firearm during a felony. On direct appeal, this court summarized the proof adduced at trial as follows:
04/25/2... More...
   $0 (04-27-2018 - TN)

Daniel Jackson v. Shawn Curry, et al. Central District of Illinois Federal Courthouse - Springfield, Illinois

Daniel Jackson spent time in custody on a wrongful murder conviction. He sued Shawn Curry and Keith McDaniel, the police officers who interrogated him, for coercing his confession. The officers moved for dismissal on qualified immunity. The district court denied that motion, and the officers appeal. Lacking jurisdiction, we dismiss this appeal.
2 No. 17-1898
I. Background1
On the night... More...
   $0 (04-26-2018 - IL)

SOPHAL PHON V. COMMONWEALTH OF KENTUCKY

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him ... More...
   $0 (04-26-2018 - KY)

United States of America v. Cultural Resource Analysts, Inc. (CRA) Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Nashville, TN - Cultural Resource Analysts, Inc. Reaches Agreement With United States To Resolve Unauthorized Archaeological Survey

Cultural Resource Analysts, Inc. (CRA), headquartered in Lexington, Kentucky, has entered into a deferred prosecution agreement with the United States to resolve violations of the Archaeological Resources Protection Act (ARPA).

On Decembe... More...
   $0 (04-26-2018 - TN)

John W. Worley v. Fedex Ground Package System, Inc., K2 Packaging, Inc., Darius T. Sadler and Randall S. Olson Morelaw Internet Marketing for Legal Professionals Turn Your Successes Into Marketing Call Today! 888-354-4529

Oklahoma City, OK - John W. Worley sued Fedex Ground Package System, Inc., K2 Packaging, Inc., Darius T. Sadler and Randall S. Olson on auto negligence theories.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: Worley, John W
Filed Date: 12/05/2016
Party Name Disposition Information
Defendant: Fed Ex Home Delivery Disposed: JUDGEMENT ENTERED, 04/25/2018. JudgeMore...
   $1 (04-25-2018 - OK)

GERALD JANISE VERSUS ACADIAN AMBULANCE SERVICE, INC., ET AL

On April 16, 2013, at the intersection of the Evangeline Thruway and Mudd
Avenue in Lafayette, the plaintiff, Gerald Janise, was involved in an automobile
accident with William Gerard, an operations supervisor for Acadian Ambulance
Service, Inc. (hereafter referred to as “Acadian Ambulance”), who was driving a
company vehicle.1 Subsequently, Mr. Janise filed a petition for dam... More...
   $0 (04-25-2018 - LA)

IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

TARACORP v. DAILEY

On June 4, 2007, the District Court of Logan County, Colorado, granted the plaintiffs/appellants, Taracorp, LTD., and Tara and Kelly Barlean (collectively, Taracorp) a default judgment against the defendants/appellees, Jeff Dailey d/b/a A.J.'s Bargain World (collectively Dailey). The lawsuit apparently stemmed from Taracorp's allegations that Dailey breached a fiduciary duty and defrauded Taracorp... More...   $0 (04-24-2018 - OK)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

John Binkowski v. Vincent Holland Grand Island Express, Inc., Grand Island Services, Inc., GIX Logistics, Inc., et al. Porter County Courthouse - Valparaiso, Indiana

Valparaiso, IN - John Binkowski, age 22, sued Vincent Holland Grand Island Express, Inc. on auto negligence and respondeat superior theories claiming that he was severely injured and damages as a direct result on being injured in a automobile semi-tractor trailer accident on Indiana Highway 49 in Porter County, Indiana on on March 7, 2015.

Binkowski's vehicle was hit from behind while st... More...
   $16500000 (04-22-2018 - )

STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

United States of America, er rel. Floyd Landis v. Lance Armstrong, et al. Federal Courthouse - District of Columbia - Washington, D.C.

Washington, DC - United States of America, er rel. Floyd Landis v. Lance Armstrong and others on qui tam (whistleblower) theories.

The Plaintiff sought $100 million in damages from Armstrong, who was stripped of his metals for doping.

04/03/2018 Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Settlement Conference held on 4/3/2018. (lcgmh1) (Entere... More...
   $5000000 (04-20-2018 - DC)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

Heather Buchanan v. Sharon Lewis Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Salt Lake City, UT - Heather Buchanan sued Sharon Lewis on an auto negligence theory.

Defendant's attorneys removed the case the federal court.

03/21/2018 22 Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 3/21/2018. Plaintiff states that after totaling all the damages it results in less than $50,000 which would result in a remand back t... More...
   $0 (04-19-2018 - UT)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

Achikam Shapira v. Lifetech Resources

Appellant Achikam Shapira sued his former employer,
Lifetech Resources, LLC, for breach of an employment contract.
The case proceeded to a bench trial; the parties presented their
evidence and rested. The parties and court agreed that the
parties would submit closing arguments in written briefs. Before
Shapira submitted his closing argument brief, he requested that
the cour... More...
   $0 (04-18-2018 - CA)

James Michael Crawford v. Dillon Alley and Orange County

Santa Ana, CA - James Michael Crawford sued County of Orange and Dillon P. Alley on civil rights violation theories under 42 U.S.C. 1983 claiming that Defendant Dillon P. Alley assaulted and battered him in the Orange County Courthouse. Alley counterclaimed asserting that he was the one who was assaulted and battered.

Crawford sought $10 million in damages for the injuries he sustained i... More...
   $250000 (04-17-2018 - CA)

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