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Mitigation of Damages Law
 
Wilan, Inc. v. Apple, Inc. Southern District of California Federal Courthouse - San Diego, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

San Diego, CA - Jury Awards Plaintiff $145.1 Million In Damages Against Apple

Wilan, Inc. sued Apple, Inc. on a patent infringement theory relating to wireless technology owned by it. ... More...
   $14510000 (08-02-2018 - CA)

Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company Southern District of New York - New York, New York

11 In a trademark dispute over use of the brand‐name ROGUE on t‐shirts,
12 sweatshirts, hats and similar apparel, Defendant Oregon Brewing Company
13 (“OBC”) appeals from the grant of summary judgment in the United States
14 District Court for the Southern District of New York (George B. Daniels, J.) in
15 favor of Plaintiff Excelled Sheepskin & Leather Coat Corporation... More...
   $0 (08-02-2018 - NY)

Yvetter Vangorden v. Second Round, Limited Partnership Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff consumer Yvette Vangorden sued defendant debt
collector Second Round, Limited Partnership (“Second Round”), for
violating the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C.
§ 1692 et seq., by sending her a letter representing that she still owed
money on a debt that she had settled five years earlier, and requesting
17‐2186‐cv
Vangorden v. Sec... More...
   $0 (08-02-2018 - NY)

Taryn Nishiki v. Danko Meredith, APC

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...
   $0 (08-02-2018 - CA)

State of Vermont v. Lucas Dwight

Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...   $0 (08-01-2018 - VT)

MARLON DUANE KISER v. STATE OF TENNESSEE

On direct appeal, our supreme court summarized the proof adduced at the Petitioner’strial as follows:
In the early morning hours of September 6, 2001, Deputy Sheriff Donald Kenneth Bond, Jr., of the Hamilton County Sheriff’s Department was shot to death while on duty
patrolling the East Brainerd area of Chattanooga. In October 2001, a Hamilton County grand jury indicted [the Petitioner] f... More...
   $0 (08-01-2018 - TN)

STATE OF OHIO - vs - MARQUIS D. HUNTER

Appellant was indicted in April 2017 on one count of murder with two firearm
specifications (using a firearm and discharging a firearm from a motor vehicle) and a repeat
violent offender specification, and one count of having weapons while under disability. The
charges stemmed from allegations that on March 23, 2017, while sitting in a motor vehicle,
appellant killed Jaylen Ki... More...
   $0 (08-01-2018 - OH)

Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome... More...
   $0 (07-31-2018 - IN)

State of Ohio v. Terrance Davis

} On November 20, 2015, appellant was indicted for aggravated robbery in
violation of R.C. 2911.01(A)(3), a felony of the first degree, and for felonious assault in
violation of R.C. 2903.11(A)(1) and (D), a felony of the second degree.
{¶ 3} On August 3, 2016, appellant entered a plea to the aggravated robbery
pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 2... More...
   $0 (07-31-2018 - OH)

Oscar Peredia v. HR Mobile Services, Inc.

This appeal addresses the circumstances under which a safety consultant retained
by a California employer owes a duty of care to the employer’s workers. California
recognizes the common law theory of negligent undertaking, which is described in
section 324A of the Restatement Second of Torts (section 324A). Our Supreme Court set
forth the five elements of a negligent undertaking ca... More...
   $0 (07-31-2018 - CA)

Mindy Armstrong v. The Arcanum Group, Inc. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mindy Armstrong was employed by The Arcanum Group, Inc., which serves as a placement agency to staff federal-government positions. She was placed with the Real Estate Leasing Services Department of the Bureau of Land Management (BLM). After she complained that BLM employees were falsifying lease-related records, the BLM
2
demanded that Arcanum remove her from the placement. Her Arcanum sup... More...
   $0 (07-30-2018 - CO)

Marcia Eisenhour v. Weber County, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiff Marcia Eisenhour worked for 24 years as a court administrator for the Weber County Justice Court. In 2008, when her supervisor was Judge Craig Storey, the only judge of that court, she complained to the county attorney about sexual harassment by Storey. The matter was referred to Utah’s Judicial Conduct Commission, which found no misconduct. Eisenhour then went public in 2009, and the pr... More...   $0 (07-30-2018 - UT)

California Water Impact Network v. County of San Luis Obispo, Justin Vinyards and Winery, LLC

The County of San Luis Obispo (County) issues well
permits without conducting a California Environmental Quality
Act (CEQA) review. Appellant California Water Impact Network
petitioned for a writ of mandate to compel County to comply with
CEQA. County asserted that well permits are ministerial actions
2
exempt from CEQA. The trial court agreed with County and
dismissed... More...
   $0 (07-30-2018 - CA)

Ricky Zane Johnson v. The State of Texas

A grand jury indicted Johnson with burglary. In front of a jury, he pleaded
guilty.3 The jury heard evidence that he committed burglary of a home that was
across the street from where he lived by breaking into a garage, opening the
door of a truck, finding a wallet, and taking credit cards and cash. Johnson
testified and conceded that he had prior convictions. He explained ... More...
   $0 (07-29-2018 - TX)

Jerrid Allen v. Kevin M. Milas, et al. Eastern District of California Federal Courthouse - Sacramento, California

Jerrid Allen petitions under the Administrative Procedure
Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by
the U.S. Consulate in Frankfurt, Germany to deny a visa to
his wife. Allen claims that the consular officer committed
legal error in denying Mrs. Allen a visa, and that the error
was “arbitrary, capricious, . . . or otherwise not in accordance
with law.” ... More...
   $0 (07-29-2018 - CA)

Freedom From Religion Foundation, Inc. v. Chino Valley Unified School, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Establishment Clause serves intertwined purposes, pertaining to individual freedom and the democratic nature of our system of government. The Clause protects “the individual’s freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience.” Wallace v. Jaffree, 472 U.S. 38, 49 (1985). It likewise ensures that the government in no way acts to make be... More...   $0 (07-29-2018 - CA)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...   $4000000 (07-29-2018 - WA)

In re Abelino Manriquez on Habeas Corpus

Petitioner Abelino Manriquez filed an original habeas corpus petition in
this court seeking relief from his multiple murder convictions and death sentence.
We issued an order to show cause with respect to petitioner’s claim that
prejudicial juror misconduct occurred when a juror did not timely disclose a
history of childhood abuse.
After an evidentiary hearing, the referee foun... More...
   $0 (07-29-2018 - CA)

Hope Angelic White v. United States of America Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Jury Finds in Favor of ATF Agent in Civil Suit

A federal jury in St. Louis returned a verdict today in favor of a Bureau of Alcohol, Tobacco & Firearms (ATF) agent who was accused of using excessive force in shooting into a vehicle during an undercover operation in 2012. Myron Pollard of St. Louis was killed in the incident and his mother was seeking $6 million in damages... More...
   $0 (07-28-2018 - MO)

KARI KARST v. TIA BLEHM, and B&B INVESTMENT PROPERTIES, LLC

On August 22, 2014, Kari Karst, as renter, and Tia Blehm, as landlord and sole owner of B&B Properties, LLC (Blehm), signed a one-year lease for an apartment in
2

Russell. The specific lease term began "on August 22, 2014 at 1:00 PM and end[ed] on August 22, 2015 at 8:00 AM." In compliance with the lease terms, Karst paid a security deposit of $325 and a pet deposit of $325—a total... More...
   $0 (07-28-2018 - KS)

Zach Hillesheim v. Myron's Cards and Gifts, Inc. District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Zach Hillesheim sued Myron’s Cards and Gifts, Inc., seeking declaratory and
injunctive relief for alleged violations of the Americans with Disabilities Act (ADA),
42 U.S.C. §§ 12101-12213, and the Minnesota Human Rights Act, Minn. Stat.
chapter 363A. He also seeks state-law 1 damages. Myron’s moved to dismiss.
Hillesheim did not respond to the motion, instead moving to amend his co... More...
   $0 (07-28-2018 - MN)

STATE OF SOUTH DAKOTA v. SHAWN RAYNARD ROSS

On February 17, 2017, the Brule County Grand Jury indicted Shawn Ross on one count of third-degree burglary in violation of SDCL 22-32-8 and one count of intentional damage to property in violation of SDCL 22-34-1(2). Ross pleaded not guilty. Thereafter, the State and Ross entered into a plea agreement. At a hearing on May 16, 2017, pursuant to the plea agreement, Ross pleaded guilty to third-d... More...   $0 (07-27-2018 - SD)

UNITED STATES OF AMERICA v. JONATHAN GLEN TURNER, AKA J.T., AKA Jon Turner, AKA Jon G. Turner, AKA Jonathan G. Turner

This appeal arises from two criminal convictions for separate fraud schemes. The two cases will be referred to as the “2009 case” and the “2012 case,” corresponding to when indictments in the cases were issued. As a result of Turner’s behavior, both cases had circuitous routes to trial, marked by the defendant’s requests for multiple continuances, his complaints about and changes to his counsel ... More...   $0 (07-27-2018 - CA)

STACI SCONIERS v. UNITED STATES OF AMERICA

This case arises from a car accident that occurred on January 6, 2016, in Newark, New Jersey, between a car driven by Sconiers and a vehicle owned by USPS. About two weeks after the accident, Sconiers submitted an administrative tort claim form to USPS seeking damages for injuries that she claimed she suffered in the accident. Approximately seven months later, by letter dated July 14, 2016,... More...   $0 (07-27-2018 - NJ)

Douglas Troester v. Starbucks Corporation

Upon a request by the United States Court of Appeals for the Ninth Circuit
(Cal. Rules of Court, rule 8.548), we agreed to answer the following question:
Does the federal Fair Labor Standards Act’s de minimis doctrine, as stated in
Anderson v. Mt. Clemens Pottery Co. (1946) 328 U.S. 680, 692, and Lindow v.
United States (9th Cir. 1984) 738 F.2d 1057, 1063, apply to claims for unpai... More...
   $0 (07-27-2018 - CA)

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