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Negligent Hiring Law
 
James Tran v. State of Indiana

James Tran was charged with ten counts of child molesting for the molestation
of three of his adopted daughters. At his trial on these charges, text messages
from the cell phone belonging to his wife were admitted over his objection. A
jury found Tran guilty as charged. The trial court imposed an aggregate sixty
four-year sentence. This appeal ensued.
Discussion and Dec... More...
   $0 (07-19-2018 - )

Rodger Blanco v. Federal Express Corporation, d/b/a FedEx Express, Justin Digby and Matthew Wainer

In 2014 a FedEx employee stole about $380,000 worth of gold coins and gold bars from a
package entrusted to FedEx for delivery. Almost two years later, the sender, Rodger Blanco,
sued FedEx for negligent investigation and conversion. FedEx moved for summary judgment,
which the district court granted principally because the contract of
carriage required Mr. Blanco to file suit wi... More...
   $0 (07-19-2018 - OK)

WALTER REED vs. STATE OF IOWA and STATE OF IOWA DEPARTMENT OF TRANSPORTATION

A federal statute known as Title VI states, “No person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” See 42 U.S.C. § 2000d (2015). A
federal report cited the Department of Transpo... More...
   $0 (07-19-2018 - IA)

Steven Morales v. United States of America District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government . . .... More...   $0 (07-19-2018 - AZ)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

Kathleen Willhite-Michiulis v. Mammoth Mountain Ski Area, LLC

Plaintiff Kathleen Willhide-Michiulis was involved in a tragic snowboarding
accident at Mammoth Mountain Ski Area. On her last run of the day, she collided with a
snowcat pulling a snow-grooming tiller and got caught in the tiller. The accident resulted
in the amputation of her left leg, several skull fractures and facial lacerations, among
other serious injuries. She and her husba... More...
   $0 (07-19-2018 - CA)

Vastie Shakira Coleman v. The State of Texas

Coleman beat her four-year-old son to death with an electric cord. She
pleaded guilty to the charge of serious bodily injury to a child.
The trial court held a sentencing hearing, at which the State introduced
Coleman’s pre-sentence investigation (PSI) report. The PSI report recounts the
following.
Around 6:00 p.m. on July 15, 2012, emergency medical services were
dis... More...
   $0 (07-16-2018 - TX)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

Franklin Savage v. State of Maryland District of Maryland Federal Courthouse - Baltimore, Maryland

These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with the State’s Attorney for Worcester County, Beau Oglesby. According to Savage, O... More...   $0 (07-14-2018 - MD)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

United States of America v. US Imagina, L.L.C. Glass Office Floor Mats

Brooklyn, NY - Florida Media Company Pleads Guilty to Bribing Soccer Officials | Spanish Parent Company Enters into Non-Prosecution Agreement
Companies Will Pay Financial Penalties of More Than $24 Million, Implement Enhanced Compliance and Internal Control Measures

Earlier today, in federal court in Brooklyn, US Imagina, LLC (“Imagina US”) pleaded guilty to a criminal information (th... More...
   $0 (07-12-2018 - NY)

DeAndre Williams v. Anthony J. Ammucci Northern District of New York Federal Courthouse - Albany, New York

4 Plaintiff‐Appellant DeAndre Williams appeals from a
5 memorandum and order of the United States District Court for the
6 Northern District of New York (Mordue, J.). The district court,
7 adopting the recommendation of the magistrate judge (Dancks, M.J.),
8 granted summary judgment to the defendants, various officials of the
9 New York State Department of Corrections (“D... More...
   $0 (07-12-2018 - NY)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-09-2018 - TN)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

TROY D. PRICE, JR. and ATLANTIC RO-RO CARRIERS, INC.; BALTIC MERCUR JOINT STOCK COMPANY v. MOS SHIPPING CO., LTD.

Troy D. Price, Jr., appeals the district court’s order entering judgment in favor of
Mos Shipping Co., Ltd. (“Mos”), following a jury trial, and the district court’s order
denying Price’s Fed. R. Civ. P. 59(a) motion for a new trial. Mos cross-appeals,
challenging the district court’s orders denying its pretrial motion for summary judgment
and granting the pretrial motion in l... More...
   $0 (07-06-2018 - MD)

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