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Products Liability Law
 
State of Tennessee v. Linzey Danielle Smith

The Defendant was charged in July 2013 with two alternative counts of driving under the influence. The Defendant filed a motion to suppress on the basis that her traffic stop was unconstitutional. At the ensuing hearing, held in October 2013, the following proof was adduced: Trooper Chuck Achinger of the Tennessee Highway Patrol testified that, at approximately 3:00 a.m. on December 6, 2012, he ... More...   $0 (04-17-2016 - TN)

Darrell Craig Adams v. The State of Texas

On November 6, 2013, Jimmy Charanza left his home in rural Burleson County to
attend a funeral. When he arrived back at home around 2:00-2:30 in the afternoon, he
found that his home had been broken into. According to Charanza, the items taken in
the burglary were a gun safe and four guns, a gold retirement watch with his name
inscribed on the back, another watch, two pool cu... More...
   $0 (04-17-2016 - TX)

Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...
   $0 (04-16-2016 - NM)

Joseph Lemerise v. The Commerce Insurance Company

There is no serious dispute about the underlying facts of this case. In August 2011,
plaintiff was a pedestrian in a crosswalk in Newport when he was struck by a vehicle operated by
an uninsured motorist. At the time, plaintiff was an insured under his mother’s automobile
insurance policy, pursuant to the terms of which he made a claim for uninsured-motorist
coverage for his ... More...
   $0 (04-16-2016 - RI)

City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin

The present case is a Mississippi Tort Claims Act (MTCA) case riddled with
confusion and miscommunication surrounding a residential building permit. In 2006, Dr.
Terry Y. McMillin and his wife, Leslie Susan McMillin, purchased a new home in Tupelo,
Mississippi. Displeased with contractor Jamie Ewing’s failure to respond to their repair
requests, plus their discovery of a documen... More...
   $0 (04-16-2016 - MS)

KIMBERLY MOE V. ALLSTATE INSURANCE COMPANY, ET AL.

Approximately fourteen years ago, on May 20, 2002, plaintiff Kimberly
Moe was injured in a two-car automobile accident. Ms. Moe initially hired
attorney Allen Borne, Jr., to represent her in connection with this accident. In
September, 2002, about four months after hiring Mr. Borne, Ms. Moe discharged
him and hired new counsel, Darryl Carimi. On October 21, 2002, Mr. Carimi ... More...
   $0 (04-15-2016 - LA)

Rosa Gomez v. Florida Pain Medicine Associates, Inc. (Florida Pain Medicine), Bart Gatz, Alexis Renta, and Albert Rodriguez

Miami, FL - Florida Pain Medicine and its Owners Agree to Pay Over One Million Dollars to Resolve False Claims Act Allegations

Florida Pain Medicine Associates, Inc. (Florida Pain Medicine) and its owners, Drs. Bart Gatz, Alexis Renta, and Albert Rodriguez have agreed to pay $1.1 million to resolve allegations that they violated the False Claims Act by billing Medicare for medically unnec... More...
   $1100000 (04-15-2016 - FL)

Danielle Schelmety v. Yamaha Motor Corporation, USA, et al.

Michael Smith, Danielle and James were law students at Mississippi
College School of Law at the time of this accident. Danielle and Michael
were dating, and Michael and James were roommates. On the night before
the accident, the trio rode together to Ruston, Louisiana, to attend a crawfish
boil in celebration of Michael’s birthday. They stayed at the home of
Michael’s p... More...
   $0 (04-14-2016 - LA)

State of Louisiana v. Glenn Ford

In 1984, Ford was convicted of first degree murder and sentenced to
death for the November 5, 1983, armed robbery and murder of Isadore
Rozeman. His conviction and sentence were affirmed on appeal. State v.
Ford, 489 So. 2d 1250 (La. 1986). In late 2013, the Caddo Parish District
Attorney’s Office stated that it had obtained credible evidence that Ford
“was neither present ... More...
   $0 (04-14-2016 - LA)

Christopher Lee Cuttrell v. The State of Texas

Cuttrell was indicted on November 26, 2014, for one count of fraudulently
possessing items of identifying information—for possessing fewer than five pieces
of identifying information belonging to another, specifically a person’s social
security number. The initial complaint stated that a search by law enforcement of
Cuttrell’s vehicle on August 21, 2014, revealed Cuttrell was i... More...
   $0 (04-14-2016 - TX)

ASARCO v. Atlantic Richfield Compan

For over one hundred years, Asarco and its predecessors operated a lead smelting
facility in East Helena, Montana (the Site). From 1927 to 1972, Atlantic Richfield’s
predecessor operated a zinc fuming plant on land leased from Asarco at the Site.1 In
1972, Atlantic Richfield sold the zinc fuming plant and related property to Asarco.
Under the 1972 sale agreement (1972 Agree... More...
   $0 (04-13-2016 - MT)

In the Matter of the Termination of Parental Rights To HLL and KGS, Minor Children: CLB v. State of Wyoming, Department of Family Services

Mother has had six children, but currently has custody of none of them. Her first child died at fourteen months from blunt force trauma to the head. Mother was convicted of third degree felony child abuse for her role in that tragedy. Mother’s rights to her second child were either relinquished or terminated, so far as we can tell from the record. Rights to her third and fourth children were ... More...   $0 (04-13-2016 - WY)

Latoya Jasper v. Wal-Mart Stores, Inc., Wal-Mart Stores East, L.P.

Tulsa, OK - Latoya Jasper sued Wal-Mart Stores, Inc., Wal-Mart Stores East, L.P. on a premises liability claiming to have been injured and/or damaged as a result of having slipped and fallen at the Defendant's store located at 6625 South Memorial Drive on November 26, 2014.... More...   $0 (04-12-2016 - OK)

United States of America v. Andrew Cunningham

Miami, FL - Indiantown Resident Guilty of Being a Felon in Possession of a Firearm

A Fort Pierce jury found an Indiantown resident guilty of being a felon in possession of a firearm.

Andrew Cunningham, III, 32, of Indiantown, Florida was convicted at trial, of being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g). Cunningham face... More...
   $0 (04-12-2016 - FL)

The Providence Journal Company et al. v. The Rhode Island Department of Public Safety, by and through Peter Kilmartin, Attorney General et al.,

The travel of the case is easily sketched. On May 28, 2012, Caleb Chafee (Caleb), the
son of then-Governor Lincoln Chafee, hosted a party on property owned by the then-Governor,
during which some underage attendees consumed alcohol. At some point, an underage female
left the party and, shortly thereafter, she was taken to a local hospital for alcohol-related illness. As a result,... More...
   $0 (04-12-2016 - RI)

STATE OF NEW JERSEY VS. FRED BELEN

In April 2011, a Camden County Grand Jury charged defendant
Fred Belen and co-defendant Alexander Lara in a twenty-six count
indictment with six counts of first-degree robbery, five counts
of second-degree unlawful possession of a handgun, five counts
of second-degree possession of a weapon for an unlawful purpose,
seven counts of fourth-degree aggravated assault, and one ... More...
   $0 (04-12-2016 - NJ)

Robert Johnson and Denis Singleton v. Old Reliable Casualty Insurance Company and Ronald E. Perry

Oklahoma City, OK - Robert Johnson and Denis Singleton sued Old Reliable Casualty Insurance Company and Ronald E. Perry pm bad faith insurer liability theories claiming that Defendants acted in bad faith when they failed to pay a claim made by them for a loss they suffered as a result of a burglary that occurred on July 7, 2014.

Defendant's motion for summary judgment was overruled by the... More...
   $0 (04-11-2016 - OK)

STATE OF SOUTH DAKOTA v. BRYON JAMES FISCHER

On November 16, 2011, at approximately 7 p.m., Sioux Falls Police
Officer Pat Mertes observed an automobile parked on Spring Avenue, between 10th
and 11th Streets, in Sioux Falls, South Dakota. The vehicle was parked under a
sign that read: “No Parking on This Side of the Street.” Fischer sat in the driver’s
seat of the vehicle, and an unidentified woman sat in the front pass... More...
   $0 (04-11-2016 - SD)

MARILYN “MITZI” STONEHOCKER v. GULF INSURANCE COMPANY and TRAVELERS INDEMNITY COMPANY OF AMERICA

Marilyn Stonehocker (Stonehocker) was seriously injured while working for her
employer, Bear Creek Outfitters Inc. (Bear Creek). Because her injury was caused by the
use of her personal automobile, she was able to recover benefits under her auto insurance
policy. She then sought benefits under Bear Creek’s commercial auto policy, but Bear
Creek’s insurer, Travelers Indemnity... More...
   $0 (04-11-2016 - MT)

UNITED STATES OF AMERICA v. ERIC SCURRY, ALSO KNOWN AS E,

The principal question presented in this appeal is whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968 mandates suppression of evidence derived from a wiretap where information expressly required by the statute was omitted from the court order authorizing the wiretap. Appellants contend that the district court erred in denying their motions to suppress, relying on our sub... More...   $0 (04-11-2016 - DC)

CONNECTICUT YANKEE ATOMIC POWER COMPANY v. USA

Yankee Atomic Electric Company (“Yankee Atomic”), Maine Yankee Atomic Power Company (“Maine Yankee”), and Connecticut Yankee Atomic Power Company (“Connecticut Yankee”) (collectively “plaintiffs”), filed complaints on August 16, 2013, alleging the government’s breach of its contractual obligations related to the removal of spent nuclear fuel (“SNF”) from plaintiffs’ facilities. See Case No. 1:13-... More...   $76776340 (04-11-2016 - DC)

Timothy Sumner v. Campbell Clinic, PC, et al.

On July 19, 2011, Plaintiff Timothy Sumner (“Mr. Sumner”) was admitted to the Regional Medical Center in Memphis in order to receive treatment for an injured right leg.1 As part of his treatment, Mr. Sumner was scheduled to undergo a surgery that involved the taking of a bone graft from the iliac crest of his hip. Because Mr. Sumner had recently undergone another surgery to repair a “right lower... More...   $0 (04-10-2016 - )

Linda Beard v. James William Branson, et al.

On September 13, 2004, Ruth Hartley (“the decedent”) was admitted to Trinity Hospital, LLC (“Trinity”) to undergo colon surgery which was performed by James William Branson, M.D. Following the surgery, the decedent developed complications and remained hospitalized. On September 27, 2004, Dr. Branson ordered an x-ray and CT scan of the decedent‟s abdomen and pelvis. The CT scan was reviewed o... More...   $0 (04-10-2016 - TN)

Shachter v. The City of Chicago

On September 12, 2012, the Department mailed plaintiff an "ADMINISTRATIVE
NOTICE OF ORDINANCE VIOLATION" (notice) to his residence, located at 6424 North
Whipple Street in Chicago (property). The notice asserted that, on May 31, 2012, an employee
of the Department (badge number 626) inspected the property and discovered that weeds "greater
than 10 inches in height" were growin... More...
   $0 (04-10-2016 - IL)

United States of America v. Roy Christopher

Albuquerque, NM - Albuquerque Man Sentenced to Prison for Conviction Arising Out of Robbery of Retail Pharmacy in August 2014

Defendant Prosecuted Pursuant to Federal “Worst of the Worst” Anti-Violence Initiative and The HOPE Initiative which Seeks to Reduce Opioid-Related Deaths in New Mexico

Roy Christopher, 29, of Albuquerque, N.M., was sentenced to 41 months in prison followe... More...
   $0 (04-10-2016 - NM)

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