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Nuisance Law
 
Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... 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)

Jerold W. Leatherman v. State of Indiana

On February 27, 2017, Sergeant Justin Dodd (“Sgt. Dodd”) of the Bedford
Police Department and Detective Chris Roberts (“Det. Roberts”) of the
Lawrence County Sheriff’s Department were investigating a tip regarding
possible drug dealing and prostitution near Frank Street in Mitchell, Indiana.
While patrolling the area in an unmarked vehicle, the two officers saw
... More...
   $0 (05-09-2018 - IN)

STATE OF KANSAS v. KILEY ANN GUENTHER

Kiley Ann Guenther appeals from a judgment of the trial court revoking her probation in two cases—Wyandotte County case Nos. 14 CR 0535 and 14 CR 1157. She argues that her conduct on probation merited imposition of intermediate sanctions instead of imposition of her underlying sentences. We acknowledge that a trial court is statutorily required to consider the use of a lesser sanction before revok... More...   $0 (05-07-2018 - KS)

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

Joyce McKiver, et al. v. Murphy-Brown, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Joyce McKiver and others sued Murphy-Brown, LLC, a subsidiary of Smith Fields Foods, on a nuisance theory claiming that they were damaged and harmed as a direct result of the operation of Defendants' industrial hog operation close to their homes which denied them the enjoyment of their homes. The thousands of hogs confined in the Defendants' buildings produced offensive smells, noise and other di... More...   $50750000 (04-28-2018 - NC)

Julie Hautzenroeder v. Michael DeWine Southern District of Ohio Federal Courthouse - Columbus, Ohio

Due to her conviction for sexual battery, Julie Hautzenroeder
must forever comply with Ohio’s sex offender registration and notification laws. After her
release from prison and community control, Hautzenroeder filed a habeas petition under 28
>
No. 17-3395 Hautzenroeder v. DeWine Page 2
U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. TheMore...
   $0 (04-16-2018 - OH)

Efigenia Garcia v. Mercedes-Benz USA, LLC

After the engine of a brand new Mercedes-Benz died, the
car’s manufacturer offered to repurchase the car for the full
amount less the $3,090 the buyer paid the dealer for additional
products and services (“dealer add-ons”). After the buyer sued
the manufacturer for breach of the implied warranty of
merchantability under the Song-Beverly Consumer Warranty Act
(the Act) (Civ.... More...
   $0 (04-07-2018 - CA)

Anthony J. Williams v. State of Indiana

On July 11, 2016, officers with the Kokomo Police Department executed a
search warrant at Williams’ residence on East Broadway Street. In the living
room, officers discovered marijuana and more than 15 grams of cocaine.
Elsewhere in the house, officers discovered baggies, scales, and firearms. Six
adults, including Williams, were inside the residence at the time, along with ... More...
   $0 (04-06-2018 - IN)

Evan Weiss v. The People ex rel. Department of Transportation


Plaintiffs sued defendants People ex rel. Department of Transportation
(CalTrans), and Orange County Transportation Authority (OCTA; collectively,
Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway
sound wall the Agencies built directly across the freeway from Plaintiffs’ homes
increased the noise and dust Plaintiffs experienced, interfered with ... More...
   $0 (03-04-2018 - CA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Estate of Leon Walker, Jr. v. Building Inspector Hershell Wallace Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

One morning, a SWAT team raided a St. Louis house in which the plaintiffs
lived to execute a search warrant. According to the warrant affidavit, a detective
suspected that the house contained heroin, illegal firearms, and drug-trafficking
paraphernalia. The team knocked on the door, yelled "police," and quickly began
striking the door with a battering ram. The team also tossed a "f... More...
   $0 (02-18-2018 - MO)

J.H. v. The Superior Court of San Luis Obispo County, San Luis Obispo County Department of Social Service, Real Party in Interest

In People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez),
our Supreme Court clarified the test for admitting expert opinion
testimony. Although Sanchez was a criminal case, its limitations
extend beyond the scope of criminal law: to proceedings under
the Sexually Violent Predator Act (People v. Burroughs (2016) 6
Cal.App.5th 378), to conservatorship proceedings
2
(Conserva... More...
   $0 (02-16-2018 - CA)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

James Smith, Sr. v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

This is an Engle progeny case1 brought by plaintiff James Smith, Sr. against defendant R.J. Reynolds Tobacco Co. (“Defendant”) to recover damages based on the death of his wife, Wanette Smith, from tobacco-related diseases caused by Mrs. Smith’s decades-long history of smoking Defendant’s cigarettes. We face only one issue:2 whether the district court should have reduced the jury’s compensatory da... More...   $0 (01-31-2018 - FL)

Michelle Colen v. State of Indiana Jury finds woman guilty of drug charges

On April 27, 2016, the Madison Police Department sent a confidential
informant, who was equipped with a video-recording device, to Johnny Ford’s
home to purchase methamphetamine. Ford was a suspected methamphetamine
dealer in the area. At the time of the buy, Colen and Ford had been in a
romantic relationship for approximately one year, and Colen and her three
minor chil... More...
   $0 (01-21-2018 - IN)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Christopher M. Beaty v. State of Indiana

On January 25, 2017, Sarah Gustin (Gustin) was introduced to Beaty through a
mutual friend. They spent time together the next day, and on January 27, 2017,
Gustin drove Beaty to the outskirts of Greenfield, Hancock County, Indiana, in
order to meet one of his friends regarding “[a] [m]eth deal.” (Tr. p. 81). The
friend, identified simply as “Taylor,” got into Gustin’s vehicl... More...
   $0 (01-05-2018 - IN)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Los Angeles Conservancy v. City of West Hollywood, Charles Company, Real Parties in Interest

Los Angeles Conservancy (Conservancy) petitioned
the superior court for a writ of mandate to compel the City of
West Hollywood (the City) to set aside the City’s approval of a real
estate development project known as “the Melrose Triangle” project.
The Conservancy argues that the environmental impact report
(EIR) was flawed in its analysis of alternatives to the project, theMore...
   $0 (12-22-2017 - CA)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

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