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Personal Injury Law
 
Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Adaline Rose Werthwein v. Craig Edward Workman Harris County Courthouse - Houston, Texas

This is a dispute over the name change of a minor. The minor’s mother, Adaline Werthwein, contends that the trial court abused its discretion by granting the request of the father, Craig Workman, to change the last name of their two-year-old son (pseudonymously referred to as “Michael”) from Werthwein to
2
Workman without legally or factually sufficient evidence that the name change was in... More...
   $0 (02-15-2018 - TX)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
2
BACKGROUND
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

United States of America v. Bret Broussard Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

Bret Broussard pled guilty to violating 18 U.S.C. § 242, which is the offense of depriving another of his rights while acting under color of law. Broussard, while serving as a lieutenant in a Louisiana Sheriff’s Office, had failed to intervene while a prisoner in a parish jail was beaten by other officers. On appeal, Broussard argues that his guilty plea was invalid and that his sentence was proce... More...   $0 (02-15-2018 - LA)

United States of America v. Robert Warren Scully Western District of Texas Federal Courthouse - San Antonio, Texas

Appellant Robert Warren Scully was convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud, and aiding and abetting a wire fraud scheme. 18 U.S.C. §§ 371, 1343, 1349. The district court later granted the Government’s motion to restrain Scully’s assets to preserve them for restitution and forfeiture. Scully was then sentenced and ordered to pay $1,206,539.94 in restitu... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc... More...
   $0 (02-15-2018 - MS)

United States of America v. Steven Metro District of New Jersey Federal Courthouses

Steven Metro appeals from the 46-month sentence of imprisonment imposed by the District Court as a consequence of his guilty plea to one count of conspiracy to violate federal securities laws and one count of insider trading. He contends that the Court wrongly attributed to him illicit financial gains
3
actually attributable to someone with whom he was not acting in concert and to whom he ... More...
   $0 (02-14-2018 - NJ)

United States of America v. Todd Rasberry

Todd Rasberry found himself in a
jam: during a pat-down incident to a Terry stop, see Terry v. Ohio,
392 U.S. 1, 19-20 (1968), an agent of the Drug Enforcement
Administration (DEA) discovered a softball-sized object stashed in
Rasberry's undershorts. Believing that the object contained
drugs, the agent arrested Rasberry on the spot. A subsequent
search of Rasberry's person ... More...
   $0 (02-14-2018 - ME)

Judy Mae Greer v. David Lynn Vandevender and Donna Lee Vandevender Supreme Court of Appeals of West Virginia - Charleston, West Virginia

Petitioners Judy Mae Greer, William Charles Vandevender, Judith Kay Newbrough, Daniel T. Vandevender, Dallas E. Vandevender, Jo Ann Rae Giraldi, and Douglas P. Vandevender, by counsel John J. Wallace, IV, appeal the order of the Circuit Court of Pocahontas County that dismissed their claims of tortious interference, undue influence, fraud, and civil conspiracy. Respondents David Lynn and Donna Van... More...   $0 (02-14-2018 - WV)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

Black & Veatch Corporation v. Aspen Insuance (UK) Ltd.; Lloyd's Syndicate 2003 District of Kansas Federal Courthouse - Wichita, Kansas

This case is an insurance coverage dispute between Plaintiff-Appellant Black &
Veatch Corporation (“B&V”) and Defendants-Appellees Aspen Insurance (UK) Ltd. and
Lloyd’s Syndicate 2003 (collectively, “Aspen”). The issue is whether Aspen must
reimburse B&V for the costs B&V incurred due to damaged equipment that its
subcontractor constructed at power plants in Ohio and Indiana. The d... More...
   $0 (02-13-2018 - KS)

Carto Properties, LLC Jen Marie Rau, Individually, Key Maps, Inc, and The Jen Marie Rau Life Insurance Trust v. Briar Capital, LP Harris County Courthouse - Houston, Texas

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in... More...   $0 (02-13-2018 - TX)

Mariusz Bogdanski v. Daman Budzik v. Fedex Ground Package System, Inc. Union County Courthouse - Niobara, Wyoming

[¶1] Mariusz Bogdanski and Damian Budzik were codrivers of a commercial semitruck
that was involved in an accident on Interstate 80 east of Evanston, Wyoming.
Bogdanski was injured in the accident and filed an action against Budzik, alleging that
his negligence caused the accident. He also sued FedEx Ground Package System, Inc.
(FedEx), the company whose trailers they were hauling,... More...
   $0 (02-13-2018 - )

United States of America v. Eddie Wayne Cooper Western District of Missouri Federal Courthouse - Springfield, Missouri

Springfield, MO - Former Arkansas Lawmaker Pleads Guilty to $4 Million Charity Scheme

Conspiracy Included Several Charity Executives

A former Arkansas state representative pleaded guilty in federal court February 12, 2018 to his role in a conspiracy to embezzle more than $4 million from a Springfield, Mo.-based health care charity.

Eddie Wayne Cooper, 51, of Melbourne, A... More...
   $0 (02-13-2018 - MO)

United States of America v. Jason E. Galloway Southern District of Indiana Federal Courthouse - Evansville, Indiana

Evansville, IN - Minkler announces federal immigration charges against illegal alien involved in I-70 motor vehicle accident

Convicted felon sentenced to 10 years in federal court on ammunition charge

Three prior felonies result in an Evansville man sentenced for illegal possession of ammunition

An Evansville man was sentenced for possessing ammunition as a convicted fel... More...
   $0 (02-13-2018 - IN)

United States of America v. Jay Edward Wilkins District of Maryland Federal Courthouse - Baltimore, Maryland

Baltimore, MD - Baltimore CFO Sentenced To Four And A Half Years In Prison For Wire Fraud And Aggravated Identity Theft

Chief Financial Officer of Baltimore business defrauded employer of $700,000

United States District Judge George L. Russell sentenced Jay Edward Wilkins, age 47, of Stoney Beach, Maryland, on February 9, 2018 to 54 months in prison, followed by three years of su... More...
   $0 (02-13-2018 - MD)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

Thomas Boettcher; Pamelia Vennerberg v. Conoco Phillips, CO.; Phillips 66, CO. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Plaintiffs-Appellants Thomas Boettcher and Pamelia Vennerberg (the
“Boettchers”) appeal from the district court’s order granting the motion to dismiss
filed by Defendants-Appellees ConocoPhillips Company and Phillips 66 Company
(collectively “ConocoPhillips”). The amended complaint alleged that Mr.
Boettcher’s cancer was caused by exposure to emissions from ConocoPhillips’s
ref... More...
   $0 (02-12-2018 - OK)

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