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Proximate Cause Law
 
STATE OF OHIO - vs - GREGORY ALLEN CARROLL, a.k.a. GREGERY A. CARROLL

Appellant, Gregory Allen Carroll, a.k.a. Gregery A. Carroll, appeals from
the May 5, 2017 judgments of the Ashtabula County Court of Common Pleas,
sentencing him for robbery, theft from a person in a protected class, theft, and forgery
following a bench trial. On appeal, appellant raises issues involving ineffective
2
assistance of counsel, admissibility of evidence, and ... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

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)

State of Tennessee v. Justus Onyiego

In January 2015, the Shelby County Grand Jury indicted the Appellant for two counts of aggravated rape based upon alternative theories. The indictment alleged the rapes occurred in September 2004, and the Appellant’s jury trial began on June 1, 2016. Although the Appellant does not contest the sufficiency of the evidence, we will summarize the evidence presented at trial.
The thirty-seven-yea... More...
   $0 (05-14-2018 - TN)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

Randy Tindell v. Linda Murphy

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose... More...
   $0 (05-08-2018 - CA)

STATE OF KANSAS v. TAYLOR ARNETT

After granting a petition for review in this case, the Kansas Supreme Court held that restitution may be ordered against a defendant in a criminal case if the loss to the victim was proximately caused by the crime of conviction. State v. Arnett, 307 Kan. 648, Syl. ¶ 7, 413 P.3d 787 (2018). The court reversed this panel's decision that the State failed to show a sufficient causal connection for res... More...   $0 (05-07-2018 - KS)

STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

STATE OF OHIO v. BRYSON WILLIAMS

Bryson Williams appeals from his conviction and sentence on one count of
murder (proximate result of felonious assault) with a firearm specification and one count
of discharging a firearm on or near prohibited premises.1
{¶ 2} Williams advances three assignments of error. First, he challenges the
weight of the evidence to sustain his convictions. Second, he alleges ineffective... More...
   $0 (04-30-2018 - OH)

UNITED STATES OF AMERICA v. CHARLES FLORES United States Court of Appeals For the First Circuit

When reviewing the denial of a motion to suppress, we
"take the facts as the trial court found them, consistent with
record support, adding uncontradicted facts where appropriate."
United States v. Almonte-Báez, 857 F.3d 27, 29 (1st Cir.
2017)(internal citation omitted).
This case has its genesis in a tip received by Thomas
Pappas, a Maine state trooper with thirteen... More...
   $0 (04-28-2018 - ME)

State of Vermont v. Jack Sawyer

Defendant Jack Sawyer appeals the trial court’s decision holding him without bail. Defendant is charged with four separate counts, each predicated on his alleged attempt to commit a crime, and three of which are punishable by life imprisonment. The sole question before this Court is whether the evidence of guilt is great that defendant attempted to commit any of the four charged crimes given the... More...   $0 (04-28-2018 - VT)

STATE OF OHIO -vs- MATHEW NICOLAS MIKU

Defendant-Appellant Mathew Nicolas Miku appeals his conviction for
murder and child endangering in the Court of Common Pleas, Stark County. Plaintiff
Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.
{¶2} On the late morning of March 4, 2016, paramedics from the Canton Fire
Department were dispatched to a residence on Dewalt Ave. NW in resp... More...
   $0 (04-26-2018 - OH)

United States of America v. Jeremy Brown Sixth Circuit Court of Appeals for the Sixth Circuit

Jeremy Brown challenges the sufficiency
of the evidence to support a jury’s verdict that he was guilty of being a felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g). Defendant was arrested and later indicted after he
was involved in a domestic dispute where a gun was discharged and left at the scene. At trial,
defendant’s theory of the case was that the gun in que... More...
   $0 (04-26-2018 - TN)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

Sawyer Brothers, Inc. v. Island Transporter, LLC District of Maine Federal Courthouse - Portland, Maine

Sawyer Brothers, Inc. hired
Island Transporter, LLC to ferry three construction vehicles and
their drivers from Rockland, Maine to North Haven, Maine. The M/V
ISLAND TRANSPORTER encountered rough seas while traversing
Penobscot Bay, and two of the vehicles tipped over onto the
vessel's port bulwark. Sawyer Brothers, Inc., and its owners Ryan
and Ross Sawyer (collectively, "... More...
   $0 (04-12-2018 - ME)

Jodelle L. Kirk v. Schaeffer Group USA, Inc.; FAG Bearings, LLC

From 1973 to 1982, FAG Bearings Corporation released thousands of gallons
of trichloroethylene (TCE), a volatile organic compound now classified as a hazardous
substance, at its manufacturing facility in Joplin, Missouri. In 1991, the Missouri
Department of Health and the Environmental Protection Agency (EPA) detected TCE
contamination in residential wells in the Villages of Silver... More...
   $0 (04-05-2018 - MO)

Margaret Herster; Scott Sullivan v. Board of Supervisors of Louisiana State University, et al. Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Margaret Herster (“Herster”) and her husband Scott Sullivan
(“Sullivan”) appeal the dismissal of their claims against the Board of
Supervisors of Louisiana State University (“LSU”) related to alleged gender
discrimination. Prior to the jury trial for this case, the district court granted
LSU’s motion for summary judgment dismissing Herster’s Louisiana state law
spoliation claim... More...
   $0 (04-05-2018 - LA)

Billy Ryan Looney v. Sheila D. Moore, et al. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Through their parents, Plaintiffs DreShan Collins, Christian Lewis, and Jaylen Malone brought claims against Defendants for harms allegedly visited on Plaintiffs when the latter were enrolled in a clinical study while being treated for health issues accompanying their premature births. Defendants fall into three groups: (1) Dr. Carlo, the physician who designed and ran the study; (2) Internal Revi... More...   $0 (03-31-2018 - AL)

Christopher Bell, as Special Administrator for the Estate of Cash Bell, et al. v. Grow With Me Childcare & Preschool LL C Nebraska Supreme Court

This is a tort action brought to recover damages resulting
from the tragic death of an infant who was abused by his
nanny. The parents and special administrator for the infant’s
estate sued the nanny for battery, and also sued two childcare
centers where the nanny had worked previously, alleging the
BELL v. GROW WITH ME CHILDCARE & PRESCHOOL
Cite as 299 Neb. 136
childca... More...
   $0 (03-29-2018 - NE)

STATE OF KANSAS v. TAYLOR ARNETT

On January 8, 2013, Taylor Arnett lent her mother's car to Joseph Stroble and Brandon Bryant so the two could break into houses. Allegedly, Stroble and Bryant then burglarized two different houses, damaging one in the process, and stole over $50,000 worth of property. Stroble returned the car to Arnett later that evening and gave her $200.

Arnett pleaded guilty to conspiracy to commit ... More...
   $0 (03-27-2018 - KS)

State of Missouri v. Thomas Oates

Oates went to a gas station to sell marijuana to a prospective buyer, Darrah Lane,
who had arranged the meeting. Oates brought a gun with him. When Oates arrived, he
walked over to Lane’s vehicle. She was seated in the driver’s seat and accompanied by
Opinion issued February 13, 2018 Leon Davis, who sat in the passenger’s seat. With the driver’s side window down, Oates leaned in... More...
   $0 (03-24-2018 - MO)

STATE OF KANSAS v. SHAWN C. CROWELL

Crowell's conviction of aggravated battery arose out of an altercation and high- speed chase which ultimately resulted in Crowell's car hitting Jones' motorcycle, causing extensive personal injuries which caused Jones to be hospitalized and undergo several surgeries. The details of the altercation and chase and the aftermath are set forth in the record and are well-known to the parties but are not... More...   $0 (03-18-2018 - KS)

Shannon Hyland v. Liberty Mutual Fire Insurance Company Central District of Illinois Federal Courthouse - Springfield, Illinois

Monteil Hyland was a passenger
in a car owned by Kimberly Perkins and driven by
Miquasha Smith—who, at age 16, was not lawfully behind
the wheel when she smashed the car at 12:46 a.m. one Saturday
into two parked vehicles, seriously injuring Hyland.
Smith has been convicted of aggravated reckless driving.
Neither Smith nor her parents had auto insurance. But Perkins
had... More...
   $0 (03-18-2018 - IL)

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