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Speculative Damage Law
 
United States of America v. Daniel E. Saad District of Rhode Island Federal Courthouse - Providence, Rhode Island

Following a fourteen-day jury
trial, Daniel E. Saad was convicted of arson, wire fraud, and the
use of fire in furtherance of a federal felony. Saad, who
testified, appeals from these convictions, which stem from a
November 30, 2014 fire that gutted Snow's Clam Box, a restaurant
he owned in Glocester, Rhode Island. He was sentenced to fifteen
years in prison.
Saad's pri... More...
   $0 (05-02-2018 - RI)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

We deny Appellant’s Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

Christopher Sanchez vs. Miami-Dade County

Chief Judge Rothenberg correctly described the summary judgment
evidence.
On August 24, 2012, Eli Salgado purchased a Miami-Dade County Park Foundation membership for $149. This membership included a coupon book containing several promotional items, including two tickets to the zoo, a 50% discount coupon for golf, and a coupon for the use of a park shelter without payment of the requisite... More...
   $0 (05-01-2018 - FL)

Ex Parte: Lorenzo Garcia

In 2010, Garcia waived his right to a jury trial and entered a negotiated plea of guilty to
two counts of aggravated assault with a deadly weapon. The trial court found the evidence
substantiating a finding of guilt, but it placed Garcia on deferred adjudication community
supervision for four years. In 2014, Garcia filed an application for writ of habeas corpus based
on alleg... More...
   $0 (04-30-2018 - TX)

Robert Jeffery Liller v. The State of Texas

In June or July 2012, Dan Mull purchased and moved to a tract of land in Andrews County.
Alicia purchased an adjacent tract of land about the same time. Dan never had any problems with
Alicia, but approximately six months after Alicia and Dan had moved to their respective tracts of
land, Appellant began living with Alicia. Since that time, Dan had various encounters with
App... More...
   $0 (04-30-2018 - TX)

Bobbi Lynn Bean v. The State of Texas

Around 10:00 p.m. on March 17, 2016, Douglas Scheets was sitting in his
living room when he heard a loud crash outside. When he stepped outside to
investigate, he discovered Appellant sitting in her SUV in a roadside ditch.
Scheets observed that the car had sustained substantial damage—he testified
that it appeared to have struck a large oak tree on his property hard enough t... More...
   $0 (04-29-2018 - TX)

State of Vermont v. Jasen Suhr v

Defendant appeals the trial court’s decision that he violated the
terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring
requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial
court’s decision to revoke his youthful-offender status based on these violations. We affirm in
part and reverse and remand ... More...
   $0 (04-28-2018 - VT)

DeVaughn Edwards v. State of Tennessee

After the Petitioner and three co-defendants participated in a home invasion on Mud Island in Memphis, the Petitioner was charged with three counts of especially aggravated kidnapping, especially aggravated robbery, especially aggravated burglary, aggravated robbery, and employing a firearm during a felony. On direct appeal, this court summarized the proof adduced at trial as follows:
04/25/2... More...
   $0 (04-27-2018 - TN)

BIG SANDY COMPANY, L.P. v. EQT GATHERING, LLC and EQT PRODUCTION COMPANY

The majority of the facts are undisputed. On August 1, 2003, Big Sandy
entered into a Pipeline Easement Agreement (the Agreement) with Kentucky
West Virginia Gas Company, LLC (KWVA). KWVA is EQT's predecessor in
interest. In the Agreement, Big Sandy. granted KWVA an easement for the
construction, operation, and maintenance of a pipeline. The parties refer to the ·
·pipelin... More...
   $0 (04-27-2018 - KY)

MELINDA TURNER V. COMMONWEALTH OF KENTUCKY

Over a period of several months,' Turner and Pomeroy had a tumultuous
courtship which ended with Pomeroy's death by stabbing on August 9, 2010.
Initially, Turner and Pomeroy lived in a residence with Pomeroy's parents, but
later the couple moved into an Owen County farmhouse owned by Turner's
family. Due to their turbulent relationship, Turner and Pomeroy briefly
stopped s... More...
   $0 (04-26-2018 - KY)

United States of America v. Cultural Resource Analysts, Inc. (CRA) Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Nashville, TN - Cultural Resource Analysts, Inc. Reaches Agreement With United States To Resolve Unauthorized Archaeological Survey

Cultural Resource Analysts, Inc. (CRA), headquartered in Lexington, Kentucky, has entered into a deferred prosecution agreement with the United States to resolve violations of the Archaeological Resources Protection Act (ARPA).

On Decembe... More...
   $0 (04-26-2018 - TN)

Austin D. Warren v. State of Indiana

The facts underlying Warren’s conviction, as found by this court in his initial
direct appeal, are as follows:
On the evening of October 11, 2015, . . . Warren and his brother were seen drinking alcohol at a bar. Later that evening, as Warren drove his truck in White County, he struck a car driven by Deborah Barkas. Barkas’ thirteen-year-old daughter, H.O., was in the car. Warren’s tr... More...
   $0 (04-25-2018 - IN)

STATE OF MISSOURI v. LISA M. WEST

Defendant was charged by substitute information in lieu of indictment with
involuntary manslaughter in the first degree, by recklessly causing the death of Victim by
striking his head, or by striking his head against an object, or by shaking him, or by a
combination thereof. Defendant challenges the sufficiency of the evidence to support her
conviction. Viewed in the light mo... More...
   $0 (04-25-2018 - MO)

ERIC BENARD ROUNDS v. STATE OF ARKANSAS

Eric Rounds appeals from the sentencing order entered by the Pulaski County Circuit Court after a conditional plea of guilty. He challenges the court’s denial of his motion to suppress. We reverse and remand.
On November 26, 2016, Rounds was stopped by Little Rock police officer, Sergeant Jeffrey Plunkett, and a firearm was found in Rounds’s possession. He had a prior felony convi... More...
   $0 (04-25-2018 - AR)

IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

United States of America v. MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest) Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - The U.S. Government and Pennsylvania Settle With MarkWest for Air Emission Violations at Natural Gas Facilities

The Department of Justice, the U.S. Environmental Protection Agency, and the Pennsylvania Department of Environmental Protection announced a settlement today with MarkWest Liberty Midstream Resources, LLC and Ohio Gathering Company, LLC (MarkWest), which is expe... More...
   $0 (04-24-2018 - PA)

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 Nebraska v. James Cotton

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...
   $0 (04-23-2018 - NE)

David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

STATE OF MISSOURI v. DENNIS JUDSON MATTHEWS

At the time of the underlying conduct, Matthews and Rebecca Matthews1 lived in Richmond with their four children. Their oldest daughter, Karen,2 was four years old at the time; daughter Sara was two years old; and their son Leon was one year old. In addition to their three infants, Matthews and Rebecca had a threeweek-old newborn, daughter Alice. On the morning of August 18, 2012, Matthews was h... More...   $0 (04-22-2018 - )

IN THE INTEREST OF: B.P., JUVENILE OFFICER, vs. H.P.(MOTHER) MISSOURI COURT OF APPEALS WESTERN DISTRICT

This is an ongoing juvenile case. It began in October 2016 when the Juvenile Officer filed
a delinquency petition alleging that twelve-year-old B.P. committed the class D felony of
tampering with a motor vehicle and the class B misdemeanor of property damage. An adjudication
and disposition hearing was held in January 2017, and B.P. admitted the allegations. The circuit
2 More...
   $0 (04-22-2018 - MO)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

John Binkowski v. Vincent Holland Grand Island Express, Inc., Grand Island Services, Inc., GIX Logistics, Inc., et al. Porter County Courthouse - Valparaiso, Indiana

Valparaiso, IN - John Binkowski, age 22, sued Vincent Holland Grand Island Express, Inc. on auto negligence and respondeat superior theories claiming that he was severely injured and damages as a direct result on being injured in a automobile semi-tractor trailer accident on Indiana Highway 49 in Porter County, Indiana on on March 7, 2015.

Binkowski's vehicle was hit from behind while st... More...
   $16500000 (04-22-2018 - )

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

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