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Strict Liability Law
 
Malcolm Kelso v. Christine A. Butler, et al. Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-... More...
   $0 (08-14-2018 - LA)

William S. Kaye v. Blue Bell Creameries, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Bruno’s Supermarkets, LLC (“the Debtor”) filed for bankruptcy under Chapter 11. In administering and ultimately liquidating the bankruptcy estate, the Trustee filed an adversary proceeding against Blue Bell Creameries, Inc. (“Blue Bell”) to recover monies the Trustee contended were owed by Blue Bell to the estate. Specifically, the Trustee sought to recover from Blue Bell more than $500,000 in a s... More...   $0 (08-14-2018 - AL)

STATE OF OHIO -vs- PEDRO MONTALVO, JR.

The relevant procedural facts leading to this appeal are as follows. {¶4} The investigation into Appellant Pedro Montalvo began on October 3, 2014, when Detective Rick Steller was checking law enforcement software which had downloaded child pornography from a computer in Mount Vernon, Ohio. (T. at 134). Det. Steller is a member of the Grove City Police Department, assigned to the Franklin Cou... More...   $0 (08-14-2018 - OH)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

THE PEOPLE OF THE STATE OF ILLINOIS v. WILLIS REESE

Defendant Willis Reese was charged with several offenses, including aggravated vehicular hijacking (720 ILCS 5/18-4(a)(3) (West 2006)), vehicular invasion (720 ILCS 5/12-11.1 (West 2006)), attempted armed robbery (720 ILCS 5/8-4, 18-2 (West 2006)), and escape (720 ILCS 5/31-6 (West 2006)). The public defender was appointed to represent defendant, but defendant subsequently informed the trial court... More...   $0 (08-13-2018 - IL)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc.

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...
   $0 (08-12-2018 - IN)

Andrea Watson Davidson v. The State of Texas

In or around 2000, appellant was employed by Kalsi Engineering1 as an accountant, performing day-to-day activities with accounts receivable and accounts payable. Kalsi Engineering was owned by Manmohan Kalsi, Ph.D., and his wife. Appellant’s duties included preparing checks based on customer invoices, presenting checks to management2 for signature, and tracking inventory for the seal division. A... More...   $0 (08-12-2018 - TX)

Lara Carlson v. University of New England District of Maine Federal Courthouse - Bangor, Maine

The district court entered
summary judgment against Dr. Lara Carlson, a faculty member, on
her claim of retaliation under Title VII and the Maine Human Rights
Act (MHRA) against her employer, the University of New England
(UNE). Carlson alleges that, after she complained to UNE about
sexual harassment by her department chair and supervisor, Dr. Paul
Visich, the school retal... More...
   $0 (08-12-2018 - ME)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

John Nathan Cavaness v. The State of Texas

On May 20, 2016, eighty-seven-year-old Emmajo Wallace was turning left into a post
office when she was hit by Cavaness’s vehicle. It is undisputed that this vehicle was traveling at
approximately seventy miles per hour prior to its driver braking in an attempt to avoid the collision.
Wallace’s vehicle spun into the parking lot of the post office and was ultimately totaled due to the... More...
   $0 (08-11-2018 - TX)

Dewayne Johnson v. Monsanto Company San Francisco County Courthouse - San Francisco, California

San Francisco, CA - Jury Awards Plaintiff $289 Million in Products Liability Case

Dewayne Johnson, age 46, sued Monsanto on a product liability theory claiming that he developed non-Hodgkin's lymphoma as a direct result of being exposed to Monsanto's Roundup (glyphosate) at work as a groundskeeper.

Mr. Johnson claimed that Monsanto failed to warn him of the risks associated wit... More...
   $289000000 (08-11-2018 - CA)

Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...
   $0 (08-11-2018 - CA)

Branden Massey v. The State of Texas

Appellant was indicted for shooting Shawn Ruckman, the complainant, three
times with a handgun in the parking lot of an H&R Block in Caldwell County,
Texas. At trial, Ruckman testified that he had a negative relationship with
appellant’s mother, Lana Cochran, due to a previous romantic interaction between
them. Ruckman claimed Cochran had sent men to beat him up several month... More...
   $0 (08-10-2018 - TX)

STATE OF KANSAS v. CARLOS REYES and BIG MIKE'S BAIL BONDS

In June 2016, Reyes was charged with indecent liberties with a child and aggravated burglary. Bond was set at $100,000. Surety posted an appearance bond for Reyes, who then was released from custody. The bond guaranteed Reyes' appearance at the district court's direction. Reyes did not appear for his December 12, 2016 trial date, so the court ordered the forfeiture of Reyes' bond and issued a warr... More...   $0 (08-10-2018 - KS)

Lawrence Rubin Montoya v. Detective Martin E. Vigil, et al. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A jury convicted fourteen-year-old Lawrence Montoya for the New Year’s
Day murder of a teacher from his school. After serving over thirteen years in
prison, Montoya brought post-conviction claims for ineffective assistance of
counsel and actual innocence. The prosecution agreed to a compromise resulting
in Montoya’s release from prison. He then sued several detectives involved in t... More...
   $0 (08-10-2018 - CO)

Dagny Knutson v. Richard J. Foster

After a three-week trial, the jury found in favor of Dagny Knutson on her
fraudulent concealment and intentional breach of fiduciary duty claims against her former
attorney, Richard J. Foster, and awarded her economic and noneconomic damages. The
trial court granted Foster’s motion for a new trial on the grounds that Knutson did not
prove Foster’s conduct was the cause of Knutson’s... More...
   $0 (08-10-2018 - CA)

HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his ... More...   $0 (08-09-2018 - KS)

United States of America v. Richard A. Olsen Eastern District of Washington Federal Courthouse - Spokane, Washington Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Spokane, WA - Chief Financial Officer of Mission Support Alliance Agrees to Pay $124,440 for Allegedly Accepting Kickbacks from Lockheed Martin

Richard A. Olsen, the Chief Financial Officer (CFO) for Department of Energy (DOE) prime contractor Mission Support Alliance LLC (MSA), has agreed to pay $124,440 to resolve allegations that he violated the False Claims Act and the Anti-Kickback A... More...
   $124440 (08-09-2018 - WA)

United States of America v. International Marine and Industrial Applicators, LLC and Marine Equipment Supply, LLC Western District of Washington Federal Courthouse - Seattle, Washington

Seattle, WA - Two Marine Maintenance Companies Pay $2.8 Million to Settle False Claims Act Investigation - Overbilled Navy by “Renting” Equipment that was Actually Owned by Executives of the Parent Company

A marine maintenance company based in Alabama, and a rental company owned by the marine maintenance company executives, will pay the government more than $2.8 million to settle claims t... More...
   $2860948 (08-09-2018 - WA)

Robert Stevens and Steven Vandel v. CoreLogic, Inc. United States District Court for the Southern District of California

Residential real estate sales today depend largely on
online sites displaying properties for sale. Plaintiffs Robert
Stevens and Steven Vandel (“the Photographers”) are
professional real estate photographers who take photographs
of listed properties and license them to real estate agents.

The real estate agents, in turn, upload such photographs to
Multiple Listing Serv... More...
   $0 (08-09-2018 - CA)

Gold Medal, LLC, d/b/a Run Gum v. USA Track & Field; United States Olympic Committee District of Oregon Federal Courthouse - Portland, Oregon

Appellant Gold Medal LLC d/b/a Run Gum (Run Gum)
appeals the district court’s order dismissing its complaint.
Run Gum alleged that Appellees USA Track & Field
(USATF) and the United States Olympic Committee
(Olympic Committee) engaged in an anticompetitive
conspiracy in violation of antitrust law by imposing
advertising restrictions during the Olympic Trials for track
a... More...
   $0 (08-09-2018 - OR)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

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