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Products Liability Law
 
GOWENS v. BARSTOW

On July 3, 2007, a paramedic supervisor, Defendant Ethan Barstow (Mr. Barstow), collided with a vehicle driven by the Plaintiff/Appellee, Elizabeth Gowens (Ms. Gowens) resulting in property damage to both vehicles and physical injury to Ms. Gowens. At the time of the collision, Mr. Barstow was a paramedic supervisor for the Defendant/Appellant EMSSTAT which is a division of the Defendant/Appellan... More...   $0 (12-16-2015 - OK)

STATE OF LOUISIANA Vs. CHRISTOPHER WILSON

Defendant, Christopher Wilson, was arrested and charged with possession
with intent to distribute marijuana and being a felon in possession of a firearm.
Financial posted a $25,000.00 appearance bond. On January 24, 2014, defendant failed to appear in court. The court entered
a judgment of bond forfeiture, and a capias was issued for defendant’s arrest. An
agent for Financi... More...
   $0 (12-15-2015 - LA)

United States v. Johnson

THIS MATTER comes before the Court on the United States' Sentencing Memorandum and Motion for Upward Departure Pursuant to U.S.S.G. § 5K2.0, filed June 4, 2015 (Doc. 21)("Motion"). The Court held a sentencing hearing on June 26, 2015. The primary issues are: (i) whether upward departure is permitted under U.S.S.G. § 5K2.1 or U.S.S.G. § 5K2.21; (ii) whether an upward departure is appropriate where ... More...   $0 (12-15-2015 - NM)

Jones v. Workman

OPINION This matter comes before the Court on the Petition for Writ of Habeas Corpus filed by Oklahoma death row inmate Jared William Jones pursuant to 28 U.S.C. § 2254 (docket entry no. 21).2 Petitioner, who appears through counsel, challenges the convictions and sentences entered against him in Oklahoma County District Court Case No. CF-2003-2046. In that case, a jury found Petitioner gui... More...   $0 (12-15-2015 - OK)

Watervale Marine Co., Ltd. v. Department of Homeland Security

This case presents the question whether the Secretary of the Department of Homeland Security – acting through the Coast Guard – may impose certain conditions (nonfinancial in nature) upon the release of ships suspected of violating the Act to Prevent Pollution from Ships. Ship owners appeal from the district court’s holding that the case is nonjusticiable. We disagree as to justiciability, but af... More...   $0 (12-15-2015 - DC)

Adebisi Adenariwo v. FMC

Adenariwo is the owner and principal of MacBride Nigeria, Ltd. (MacBride), a producer of concrete masonry products in Lagos, Nigeria. In 2008, MacBride purchased equipment from Nethamer Ltd., a U.S.-based company. BDP, a licensed freight forwarder, arranged for the transportation of the equipment from the U.S. to Nigeria by Zim, a vesseloperating common carrier. Zim shipped the equipment to Nige... More...   $0 (12-15-2015 - DC)

First Community Bank, N. A. v. First Tennessee Bank, N. A., et al

The Plaintiff is a banking and financial services company that is incorporated in and has its principal place of business in Virginia. The Plaintiff operates more than fifty financial centers located in Virginia, West Virginia, North Carolina, and Tennessee. From 2003 to 2007, the Plaintiff purchased approximately $135,000,000 worth of assetbacked securities in the form of collateralized debt ob... More...   $0 (12-14-2015 - TN)

Great American Insurance Co. v. Heneghan Wrecking & Excavating Co

Plaintiffs, Great American Insurance Company of New York, as subrogee of 600 Wabash
L.P. and 600 S. Wabash Commercial, LLC, American Economy Insurance Company, as
subrogee of Moonstone Foods Enterprises, LLC, Society Insurance, a mutual company, as
subrogee of Charming Food Network, Inc. d/b/a Tamarind, and First National Insurance
Company of America, as subrogee of Wabash KPX,... More...
   $0 (12-14-2015 - IL)

KEVIN BRYANT vs. ROBERT LEE RIMRODT and GEICO GENERAL INSURANCE COMPANY

On the evening of November 15, 2007, Lori Parr test drove a used SUV with Kevin Bryant, a salesperson at a Pat McGrath auto dealership in Cedar Rapids. Bryant directed Parr to drive down Edgewood Road so she could experience city driving in the SUV. Parr made an illegal left turn, and the SUV was struck on the passenger side by a car driven by Robert Rimrodt. Bryant hit his head and briefly los... More...   $0 (12-14-2015 - IA)

Eileen Hylind v. Xerox Corporation

Eileen M. Hylind successfully sued Xerox Corp. (“Xerox”) for gender discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a)(1), 2000e-3(a) (2012). In a previous appeal, we affirmed most of the district court’s rulings, but vacated the back pay award and remanded to the district court for it to re-assess its offset determinations in light ... More...   $0 (12-14-2015 - MD)

Mike-sell's Potato Chip Co. v. NLRB

Petitioner had fallen on economic hard times, losing almost $5.5 million over four years, before the events in this case. Its main competitor, Frito-Lay, was underselling the Company and taking increasing market share. Frito-Lay, a much larger company, had apparently lower operating costs in part because it produced its own inputs. Petitioner, on the other hand, was obliged to purchase commodit... More...   $0 (12-13-2015 - DC)

United States of America v. Palisade Pharmacy

Denver, CO - United States Reaches Settlement with Western Slope Pharmacy for Violations of the Controlled Substance Act

John Walsh, U.S. Attorney for the District of Colorado, today announced that Palisade Pharmacy has entered into a civil settlement with the United States and have paid $60,000 in civil penalties to resolve allegations that it violated certain provisions of the Controlle... More...
   $60000 (12-13-2015 - CO)

Dollar General Corporation v. Mississippi Band of Choctaw Indians

Respondent Doe is a member of an Indian tribe who participated in a short internship in a store operated by petitioner Dolgencorp, LLC, a non-Indian corporation. Alleging that he had been sexually assaulted by his supervisor, Doe’s family sued petitioners in tribal court on the basis of vicarious liability and/or negligence in hiring or supervising the alleged perpetrator. The Does asked the tri... More...   $0 (12-13-2015 - DC)

NOVA Southeastern University v. NLRB

Nova Southeastern University petitions for review of the decision and order of the National Labor Relations Board, 357 N.L.R.B. No. 74 (2011), finding that it violated § 8(a)(1) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(a)(1), by maintaining an overly broad no-solicitation rule on its Fort Lauderdale campus; enforcing that rule against an employee of its onsite contractor and ... More...   $0 (12-13-2015 - DC)

SolarWorld Americas, Inc. v. United States

“A countervailing duty investigation shall be initiated whenever [Commerce] determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under [19 U.S.C. § 1671(a)] exist.”4 In this case, Commerce initiated a CVD proceeding based on SolarWorld’s petition, which initially covered twenty-seven... More...   $0 (12-13-2015 - NY)

Par Pharmaceutical, Inc. et al. v. TWi Pharmaceuticals, Inc.

Plaintiff Par Pharmaceutical, Inc. and Alkermes Pharma Ireland, Limited (collectively,
“Par”) filed suit in September 2011 against TWi Pharmaceuticals, Inc. (“TWi”) alleging
infringement of U.S. Patent 7,101,576 (“the ‘576 patent”). After a bench trial, the court
concluded in a ruling issued on February 21, 2014 that the ‘576 patent was invalid as obvious.

On appeal, the... More...
   $0 (12-13-2015 - MD)

United States v. Rodella

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the ... More...   $0 (12-13-2015 - NM)

Steven Edward Galle v. Isle of Capri Casinos, Inc.

In December 2005, Steven Edward Galle began working in the poker room at Isle of
Capri Casino, Inc., in Biloxi, Mississippi, as an at-will employee. In 2008, Isle of Capri
promoted him to “poker room manager,” a “Key Position” requiring a “Key Employee
License” from the Mississippi Gaming Commission. When Galle applied for a Key Employee License, he failed to disclose a 1994 burglar... More...
   $0 (12-12-2015 - MS)

Safeway Insurance Company v.Tiffany Dukes, Robert Lee Hudson, Tawanda L. White, as Mother and Next Friend of Jeffrey L. Piggs, a Minor Child

Dukes applied for car insurance with Safeway in March 2012. The application
provided: “Applicant warrants that all regular, frequent drivers . . . are listed below . . . .”
Dukes listed only herself and signed the application warranting that there were no other
“regular, frequent drivers.” Safeway issued a policy to Dukes. In June 2012, Hudson was
driving Dukes’s car, with her... More...
   $0 (12-12-2015 - MS)

City of Pike Road v. City of Montgomery and Dow Corning Alabama, Inc.

The City of Pike Road appeals the judgment entered by the Montgomery Circuit Court holding that a manufacturing facility owned and operated by Dow Corning Alabama, Inc., located at 1 1940 Ohio Ferro Road in Mt. Meigs ("the Mt. Meigs facility"), an unincorporated part of Montgomery County, is within the police jurisdiction of the City of Montgomery as opposed to the police jurisdiction of Pike Roa... More...   $0 (12-12-2015 - AL)

Scott Benjamin Carroll, Jr. v. State of Tennessee

The Petitioner, along with several other individuals, was arrested at his wife‟s home for initiation of a process intended to manufacture methamphetamine. The following facts, as outlined in his direct appeal, are relevant to the issues presented in this case. [The Petitioner] answered the door wearing gloves, and backed up and put his hands on his head, seeming to indicate that the detec... More...   $0 (12-12-2015 - TN)

Deborah Bray v. Radwan R. Khuri, MD

On March 20, 2003, Nigel Bray (“Decedent”) was admitted to St. Francis Hospital in Memphis, Tennessee because he was suffering from the effects of drug detoxification and major depression. Decedent was admitted under the care of Appellee, Dr. Radwan Khuri (“Appellee”), a licensed physician specializing in psychiatry. Decedent committed suicide sometime during the evening of March 25, 2003, or ea... More...   $0 (12-12-2015 - TN)

Cameo Bobo v. City of Jackson, Tennessee

This case stems from the demolition of a home formerly located at 425 North Hays Street in Jackson, Tennessee. The home at issue was previously owned by Appellant‟s grandmother, Dorothy Lipson (“Ms. Lipson”). While Ms. Lipson owned the home, its condition deteriorated, and proceedings were initiated in the Environmental Court of the City of Jackson to address the state of the property. On... More...   $0 (12-12-2015 - TN)

Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in t... More...   $0 (12-11-2015 - IL)

Price v. Philip Morris, Inc.

In February 2000, plaintiffs filed a class action lawsuit in the circuit court of Madison County against the defendant, Philip Morris, Inc. The suit alleged that defendant’s use of the terms “lights” and “lowered tar and nicotine” on the packaging and in the marketing of its Marlboro Lights and Cambridge Lights cigarettes (Lights) violated the Consumer Fraud and Deceptive Business Practices Act (... More...   $0 (12-11-2015 - IL)

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