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Punitive Damages Law
 
Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

STATE OF OHIO v. ERIC J. TURNER

The events in question occurred on January 1, 2017, when Turner willfully eluded an officer after being signaled to stop and ultimately crashed his car into an OSHP cruiser. On January 5, 2017, Turner was indicted for failure to comply, vandalism (of the cruiser), receiving stolen property (a stolen license plate on the car he was driving), OVI, and aggravated possession of drugs (Percocet).... More...   $0 (07-20-2018 - OH)

J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak

On January 17, 2006, Zak was seriously injured when the car in which she was a passenger struck a semi tractor-trailer that had been wrecked approximately one hour earlier by Brown, a driver employed by Hunt. J.B. Hunt Transp., Inc. v. Guardianship of Zak, 58 N.E.3d 956 (Ind. Ct. App. 2016), trans. denied. On October 26, 2006, the Guardianship filed a complaint against the Appellants, alleg... More...   $0 (07-20-2018 - IN)

United States of America v. Dr. Firoz Patka Southern District of Georgia Federal Courthouse - Savannah, Georgia

Savannah, GA - Court Orders Largest Diversion Civil Penalty against a Physician in Southern District Of Georgia History

The United States District Court for the Southern District of Georgia entered a default judgment against Dr. Firoz Patka, of Martinez, Georgia, totaling $1.2 million. In May 2017, the United States filed a complaint against Dr. Patka for violations of the Controlled Sub... More...
   $1200000 (07-19-2018 - GA)

Rodger Blanco v. Federal Express Corporation, d/b/a FedEx Express, Justin Digby and Matthew Wainer

In 2014 a FedEx employee stole about $380,000 worth of gold coins and gold bars from a
package entrusted to FedEx for delivery. Almost two years later, the sender, Rodger Blanco,
sued FedEx for negligent investigation and conversion. FedEx moved for summary judgment,
which the district court granted principally because the contract of
carriage required Mr. Blanco to file suit wi... More...
   $0 (07-19-2018 - OK)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

DON WYNGARDEN vs. STATE OF IOWA JUDICIAL BRANCH, JOHN WAUTERS, and BRUCE BUTTEL COURT OF APPEALS OF IOWA

Wyngarden, who was born in 1951, was employed as a juvenile court officer
(JCO) by the Iowa Judicial Branch.1 His immediate supervisor was Bruce Buttel
and Buttel’s supervisor was John Wauters. Wyngarden received an oral reprimand
in November 2007, which was not placed in his file. On October 9, 2008,
Wyngarden received a written reprimand based on Wauters’s determination More...
   $0 (07-19-2018 - IA)

Bobby S. Dutta v. State Farm Mutual Automobile Insurance Company Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Bobby S. Dutta appeals the district court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm violated provisions of the Fair Credit Reporting Act of 1970 (“FCRA”). The relevant FCRA provisions require a prospective employer to provide a job applicant with a copy of his consumer credit report, notice of his FCRA rights, and an o... More...   $0 (07-19-2018 - CA)

Lecia L. Shorter v. Leroy D. Baca, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lecia L. Shorter appeals the district court’s partial grant of summary judgment in favor of the County of Los Angeles, Leroy Baca, Jacqueline Ortiz, and Alejandra Avalos (the County or County Defendants) on her 42 U.S.C. § 1983 inadequate medical care claim, and the denial of Shorter’s motion for a new trial on her § 1983 claim based on her classification as mentally ill, her conditions of confine... More...   $0 (07-19-2018 - CA)

William Clyde Gibson v. State of Indiana

This appeal stems from Gibson’s murder of Hodella. However, resolution of this case necessitates an account of the facts and procedural history surrounding Gibson’s murders of two other women, Stephanie Kirk and Christine Whitis. As such, we set forth an account of the facts and procedural history of all three murders. [4] On October 10, 2002, Hodella met Gibson at a bar located in Jefferso... More...   $0 (07-18-2018 - IN)

Joshua D. Preston v. State of Indiana Indiana Court of Appeals

The facts supporting Preston’s convictions as set forth by this court on his direct
appeal are as follows:
In early August 2010, Preston was babysitting N.B., the eightmonth-old child of his girlfriend, Michelle Bowling (“Bowling”). Preston told Bowling that N.B. had fallen off his lap and hit her head on a television stand. Bowling observed a rug burn on N.B.’s head and some bruising a... More...
   $0 (07-18-2018 - IN)

Lacey Robinett v. Shelby County Healthcare Corporation United States District Court for the Eastern District of Arkansas - Jonesboro, Arkansas

Lacey Robinett appeals the district court’s 1 grant of judgment on the pleadings
to Shelby County Healthcare Corporation (“the Med”) and Avectus Healthcare
1The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas.
Solutions, LLC. Robinett contends that the district court erroneously concluded that
the federal and Arkansas Medicaid laws... More...
   $0 (07-18-2018 - AR)

Calvin Fletcher, Sr. v. Joseph Tomlinson Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis Police Department (SLPD) Officers Nicholas Martorano and John
Moton appeal from the district court’s judgment, 1 entered upon a jury verdict, finding
that they used excessive force in their apprehension and arrest of Calvin Fletcher and
awarding damages to Fletcher totaling $600,000. They raise three issues on appeal:
(1) the district court erred in allowing Fletcher to r... More...
   $0 (07-18-2018 - MO)

Scott Robinett v. City of Indianapolis, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Scott Robinett and the City of Indianapolis were codefendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in a tragic murder-suicide, and the murder victim’s estate asserted claims against Robinett and the City under 42 U.S.C. § 1983 and Indiana law. They ... More...   $0 (07-17-2018 - IN)

Nicholas Knopick v. Jayco, Inc. Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

Joshua Vasquez and Miguel Cardona v. Kimberly M. Foxx Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Joshua Vasquez and Miguel Cardona are convicted child sex offenders who live in Chicago and are required to register as sex offenders and comply with state restrictions on where they may live. For example, a child sex offender may not knowingly live within 500 feet of
2 No. 17-1061
a school, playground, or child-care center. 720 ILL. COMP. STAT. 5/11-9.3(b-5), (b-10). A few years after Vas... More...
   $0 (07-17-2018 - IL)

Brandon Deshawn Williams v. The State of Texas

Criswan Jones, the complainant, testified that on the night of August 20,
2015, he noticed two men at his apartment complex as he was leaving to pick up
his girlfriend from work. One of the men was “big,” and the other man was
smaller. As the complainant walked past them to get to his car, the “big one”
asked him for the address of the apartment complex. The men were still t... More...
   $0 (07-16-2018 - TX)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

UNITED STATES OF AMERICA v. JOSE JIMENEZ

On June 3, 2015, Jose Jimenez was arrested in unlawful possession of a 2 bullet retrieved from his person following an attempted undercover firearms 3 purchase. Jimenez had agreed to drive Oscar Sanchez to the parking lot of a fast 4 food restaurant in the Bronx on June 3, 2015 in exchange for $40. Sanchez had 5 arranged to sell 20 handguns to a person who was, in fact, an undercover 6 detect... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

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