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Speculative Damage Law
 
UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

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)

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 - )

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

DIEGO TAMBRIZ-RAMIREZ vs. STATE OF FLORIDA

The facts of the case as set forth in the Fourth District’s opinion below are as
follows:
[In 2010, a]rmed with a knife and using a shirt as a mask, appellant broke into the victim’s home at night and attempted to sexually batter her. The victim testified that during the attack, appellant put the knife to her face and neck. The victim fought off the attacker and, after pulling off the... More...
   $0 (07-14-2018 - FL)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

Seifullah Abdul-Salaam v. Secretary of Pennsylvania Depart of Corrections, et al. United States Court of Appeals for the Third Circuit

A jury found petitioner Seifullah Abdul-Salaam, Jr. (“Abdul-Salaam”) guilty of first-degree murder, robbery, and conspiracy after a six-day trial in March 1995 in the Court of Common Pleas of Cumberland County, Pennsylvania. After a one-day penalty phase hearing in which Abdul-Salaam’s counsel presented three mitigation witnesses, the jury sentenced Abdul-Salaam to death. Abdul-Salaam, after exhau... More...   $0 (07-12-2018 - PA)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

DeAndre Williams v. Anthony J. Ammucci Northern District of New York Federal Courthouse - Albany, New York

4 Plaintiff‐Appellant DeAndre Williams appeals from a
5 memorandum and order of the United States District Court for the
6 Northern District of New York (Mordue, J.). The district court,
7 adopting the recommendation of the magistrate judge (Dancks, M.J.),
8 granted summary judgment to the defendants, various officials of the
9 New York State Department of Corrections (“D... More...
   $0 (07-12-2018 - NY)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

STATE OF TENNESSEE v. JOSH ANDREW DANOFF

The victim will be identified by her initials, V.H. She testified that Defendant was hermother’s ex-boyfriend, but Defendant resided with V.H., her mother, and her siblings. On May 26, 2012, V.H. and Defendant were home alone. V.H. was 14 years old at the time. She testified that they watched a movie, and she folded laundry. Defendant offered V.H. a mixed drink of “Jack and [C]oke.” V.H. acc... More...   $0 (07-09-2018 - TN)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-09-2018 - TN)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

COMMONWEALTH vs. CURTIS COMBS Massachusetts Supreme Judicial Court

In September, 2011, a Hampden County grand jury returned four indictments charging the defendant, Curtis Combs, with murder in the first degree, G. L. c. 265, § 1; kidnapping, G. L. c. 265, § 26; armed robbery, G. L. c. 265, § 17; and
2

assault by means of a dangerous weapon, G. L. c. 265, § 15A (b).1 The Commonwealth alleged that the defendant either was the principal or acted a... More...
   $0 (07-09-2018 - MA)

STATE OF OHIO - vs - DECIO R. PETROMILLI

In the early morning hours of December 10, 2015, police were dispatched
to the home of one Carmen Jones after a report of an assault. Upon arrival, officers
2
encountered the victim, Dwaine Dukes, severely beaten and bleeding heavily from
various wounds on his face and head. Officer Jerry Sharp, of the Painesville Police
Department, testified he knew Mr. Dukes but, becau... More...
   $0 (07-09-2018 - OH)

In Re Volkswage "Clean Diesel" Marketing, Sales, Praftice and Products Liability Litigation Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Ronald Clark Fleshman, Jr., the disgruntled owner of a
2012 Volkswagen Jetta, appeals the denial of his motion to
intervene in the federal government’s Clean Air Act suit
against Volkswagen, AG and several of its subsidiaries
(collectively Volkswagen or VW). The government’s suit
arose from the car manufacturer’s installation in some of its
cars of “defeat devices”—surrepti... More...
   $0 (07-09-2018 - CA)

STATE OF OHIO v. SCOTT A. STEIN

On April 28, 2016, Stein, Brett Eley (“Eley”), and Krista Ashley
(“Ashley”) went to the home of Jason Davidson (“Davidson”) to retrieve some
property that had been stolen from Stein by Davidson and Eley. When they arrived,
Eley and Ashley went to speak with Davidson, leaving Stein in the car. Eley spoke
with Davidson while Ashley spoke with the owner of the home, Mike Volger... More...
   $0 (07-08-2018 - OH)

Mike L. Winn v. Commissioner, Social Security Administration Western District of Missouri Federal Courthouse - Jefferson City, Missouri

Mike L. Winn applied for Social Security disability insurance benefits between
June 12, 2007, the alleged disability onset date, and December 31, 2012, his “date last
insured.” See 20 C.F.R. §§ 404.130, 404.131, 404.315(a). During Winn’s prior
appeal from the denial of benefits after an administrative hearing, we granted the
Commissioner’s motion to remand for consideration of addi... More...
   $0 (07-08-2018 - MO)

Anthony Robinson and Timothy Spangler v. Albert Perales and Board of Trustees of the University of Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Anthony Robinson and Timothy
Spangler, police officers employed by the University of Illinois
at Chicago Police Department (“Department”), brought claims
against the University of Illinois Board of Trustees and four
individuals for race‐based discrimination, harassment and
retaliation. The district court disposed of all but one of the
claims through summary judgment. ... More...
   $0 (07-07-2018 - IL)

STATE OF MONTANA v. SLADE ALLEN CLAWSON

On May 5, 2014, Clawson was charged in DC 14-239 with one felony and three
misdemeanor offenses. He pled not guilty on May 15, 2014, and was ultimately released
on bond on August 27, 2014. He subsequently failed to report to a court-ordered Sobriety
and Accountability Program resulting in revocation of his bond and issuance of a warrant
for his arrest. He was re-arrested Se... More...
   $0 (07-06-2018 - MT)

Barry S. Jameson v. Taddese Desta

Under California’s in forma pauperis doctrine and Government Code
section 68086, subdivision (b),1 a person who because of limited financial
resources qualifies for a waiver of initial court filing fees is entitled, as well, to a
waiver of fees for the attendance of an official court reporter at a hearing or trial.
In this case, however, although plaintiff Barry Jameson (hereafter ... More...
   $0 (07-06-2018 - CA)

ROBERT S. DAVIDSON v. THE UNITED STATES

Plaintiff fabricated a replica of the Statue of Liberty on the grounds of the New York-New York Hotel & Casino in Las Vegas in 1996. He applied for and obtained a copyright for the replica in 2013, too late for the statutory presumption of validity. It is also undisputed that the Postal Service used a photograph of that work on a stamp released in December 2010 without permission or attribution ... More...   $0 (07-05-2018 - DC)

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