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Products Liability Law
 
United States of America v. Larry White, Sr. and Erica White Federal Courthouse - St. Louis, Missouri

Cape Girardeau, MO - Two Convenient Store Managers Sentenced on Federal Charges Involving Food Stamp Fraud

Larry White, Sr., 63, and Erica White, 35, both of Sikeston, were sentenced August 16, 2017 – Larry to 33 months in prison and Erica to 1 year and 1 day in prison on charges of misusing the Supplemental Nutrition Assistance Program (SNAP), formerly known as the food stamp program.More...
   $0 (08-16-2017 - MO)

Jessica Y. Choi v. Auto-Owners Insurance Company and Haley P. Beutler

The underlying action is an automobile negligence action filed by Jessica
Y. Choi against alleged tortfeasor Haley P. Beutler and Choi's underinsured motorist
- 2 -
(UM) insurance carrier, Auto-Owners Insurance Company. Choi seeks certiorari review
of an order granting Auto-Owners' motion to sever the causes of action against the two
defendants. We conclude that because all thr... More...
   $0 (08-16-2017 - fl)

Evanston Insurance Company v. Housing Authority of Somerset, Kentucky

In 2009, an old tree broke low on its trunk and fell on cousins
Kaitlyn Griffin and Joshua Thacker. The tree killed Kaitlyn and severely injured Joshua.
Kaitlyn was pregnant, and the doctors tried to save the baby, but he died an hour after being
born. Their families filed—and won—a state court lawsuit for nearly $4 million against the
Housing Authority of Somerset, which was found... More...
   $0 (08-15-2017 - KY)

Jacques Jacobs v. Caldwell Banker Residential Brokerage Company

Defendant Coldwell Banker Residential Brokerage
Company (Coldwell) marketed for sale a vacant, bank-owned
property located in Simi Valley. The property had a backyard
with an empty swimming pool and diving board. While plaintiffs
Jacques Jacobs (Jacques) and his wife, Xenia Jacobs (Xenia),1
were viewing the property as potential buyers, Jacques stepped

1 Plaintiffs are... More...
   $0 (08-15-2017 - CA)

Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit against the... More...   $0 (08-14-2017 - NC)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

Curci Investments, LLC v. James P. Baldwin

Respondent James P. Baldwin (Baldwin), a prominent real estate developer,
is no stranger to the complicated world of business entity structuring. Over the course of
his lifetime, he has formed and held interest in hundreds of corporations, partnerships and
limited liability companies. This appeal concerns one of those limited liability
companies, JPB Investments LLC (JPBI).
App... More...
   $0 (08-13-2017 - CA)

Kevin O'Bryan v. Primal Vantage Co.

Kevin O'Bryan sued Primal Vantage Co. on negligence and products liability theories that he was seriously injured in a fall from a tree stand. O'Bryan and his wife claimed that Pimal failed to reasonable warn about the risks of the product. Plaintiffs' product liability claim was based on a claim that the product was unreasonably dangerous and that the manufacturer failed to warn about the dange... More...   $0 (08-12-2017 - )

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...
   $0 (08-12-2017 - CA)

BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class... More...   $0 (08-11-2017 - TX)

The People v. Financial Casualty & Surety, Inc.

In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals
two orders denying it relief from the forfeiture of a $150,000 bail bond. The trial court
denied FC Surety‘s bail agent‘s initial motion to vacate the forfeiture under Penal Code
section 980, subdivision (b).1
The trial court also denied FC Surety‘s motion to set aside
the summary judgment issue... More...
   $0 (08-11-2017 - CA)

Mutnomah County Sheriff's Office v. Rod Edwads

ORS 408.230(2)(c) requires a public employer to
“devise and apply methods” of giving veterans and disabled
veterans “special consideration” in the employer’s hiring
process when that hiring process does not rank applicants
by means of a score. The issue in this case is whether the
Multnomah County Sheriff’s Office (county) complied with
that requirement when it failed to pr... More...
   $0 (08-10-2017 - Or)

John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

City of Abilene v. Chad Carter

n this interlocutory appeal, the City of Abilene appeals the trial court’s denial
of its plea to the jurisdiction to Chad Carter’s suit against the City. Carter brought
suit under the Texas Whistleblower Act. In its first issue, the City asserts that the
trial court erred by denying its plea to the jurisdiction. The City contends in its
second issue that the trial court... More...
   $0 (08-10-2017 - TX)

Alana Shultz v. Congregation Shearith Israel of the City of New York, et al. Second Circuit Court of Appeals - New York, New York

Plaintiff-appellant Alana Shultz appeals from a judgment of the United
States District Court for the Southern District of New York (J. Paul Oetken, Judge),
dismissing her federal claims for sex discrimination and retaliation in violation of
Title VII of the Civil Rights Act of 1964 (“Title VII”), and interference with her
rights under the Family and Medical Leave Act (“FMLA”) for f... More...
   $0 (08-10-2017 - NY)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I... More...
   $0 (08-10-2017 - NM)

City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members’ interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo... More...
   $0 (08-10-2017 - TX)

M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour... More...   $0 (08-10-2017 - TX)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

Melony Light v. California Department of Parks and Recreation

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts III and V.

Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney
General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for
Defendant and Respondent California Department of Parks and Recreation.
Plaintiff Melo... More...
   $0 (08-09-2017 - CA)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas ... More...   $0 (08-08-2017 - TX)

Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol... More...
   $0 (08-08-2017 - TX)

United States and the State of Georgia, ex rel. Andre Valentine v. Navicent Hospital, Inc. Federal Courthouse - Macon, Georgia

Macon, GA - Navicent Settles Ambulance Fraud Claims For Over $2.5MM

G.F. “Pete” Peterman, III, United States Attorney for the Middle District of Georgia, and Georgia Attorney General Christopher M. Carr announced on August 3, 2017 a civil settlement with The Medical Center of Central Georgia, Inc., d/b/a The Medical Center, Navicent Health (“Navicent”). Navicent agreed to pay to the Unite... More...
   $2549742 (08-08-2017 - )

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