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Causation Law
 
Herman N. Nunes v. HIE Holdings, Inc. Federal Courthouse - Honolulu, Hawaii

In 2008, Congress enacted the ADA Amendments Act
(“ADAAA”), which broadened the definition of disability
under the Americans with Disabilities Act (“ADA”),
42 U.S.C. §§ 12101 et seq. As relevant to this appeal, the
ADAAA expanded the scope of the ADA’s “regarded-as”
definition of disability. We have not opined on this issue
in the ten years since the ADAAA was enacted and s... More...
   $0 (09-19-2018 - HI)

Nicholas Sampson v. Investigator William Lambert District of Nebraska Federal Courthouse - Omaha, Nebraska

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...
   $0 (09-18-2018 - NE)

STATE OF OHIO v. MITCHELL D. WEBSTER MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder 918-582-3993 or Info@morelaw.com

Mitchell D. Webster appeals from his conviction and sentence following a jury
trial on one count of gross neglect of a patient in violation of R.C. 2903.34(A)(2), a first
degree misdemeanor.
{¶ 2} Webster advances two assignments of error. First, he challenges the legal
sufficiency and manifest weight of the evidence to support his conviction. Second, he
claims the trial c... More...
   $0 (09-16-2018 - OH)

Brian Reynolds v. Henderson & Lyman and Douglas Arend Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal arises out of a malpractice suit that Brian Reynolds brought against the law firm Hen-derson & Lyman and one of its lawyers (collectively “H&L”), alleging that H&L gave negligent advice to several LLCs that Reynolds co-owned and managed. According to Reynolds, H&L’s bad advice led him to violate federal disclosure laws
2 No. 17-1999
when he drafted the LLCs’ financial statement... More...
   $0 (09-12-2018 - IL)

Cheryl Searcy v. R.J. Reynolds Tobacco Company, et al. Middle District of Florida Federal Courthouse - Tampa, Florida

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

Richard Dent v. National Football League Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal requires us to decide whether a variety of
state-law claims brought against the National Football
League (NFL) by former professional football players are
preempted by § 301 of the Labor Management Relations Act
(LMRA), 29 U.S.C. § 141.
The district court held that the players’ claims are
preempted and dismissed their suit. We disagree. As pled,
the players’... More...
   $0 (09-10-2018 - CA)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

William Schadhauser v. Ohio Department of Rehabilitation and Correction, William Spikes v. Ohio Department of Rehabilitation and Correction, Jared T. Ferguson v. Ohio Department of Rehabilitation and Correction

In April 2016, appellants each filed an individual complaint against ODRC asserting a negligence claim. Appellants are all inmates or prior inmates of ODRC once housed at Chillicothe Correctional Institution ("CCI"), and each of the individual appellants have been diagnosed with a medical condition known as histoplasmosis. Appellants alleged in their complaints that they contracted histoplasmosi... More...   $0 (09-08-2018 - OH)

SHURONDA DAVIS V. REMINGTON ARMS COMPANY; XL INSURANCE COMPANY; AND GALLAGHER BASSETT SERVICES, INC.

Davis, who worked for Remington Arms Company (Remington), slipped and fell on her hands and knees when she was at work on April 22, 2016. Remington paid medical benefits for treatment of Davis’s compensable injuries to her right arm and left knee.

2 When Davis later claimed injuries to her thumbs and lumbar spine from the fall, Remington controverted those claims. At a hearing... More...
   $0 (09-05-2018 - AR)

Alaqua Lake Community Association, Inc. v. Taylor Morrison of Flrodia, Inc., et al. Seminole County Courthouse - Sanford, Florida

Sanford, FL - The Alaqua Lakes Community Association, Inc. sued Taylor Morrison of Flrodia, Inc., et al. on negligence theories claiming that the Defendants negligently constructed roads in and leading to the Association's property to its detriment and damage.

DATE NUMBER DOCKET CODE DESCRIPTION PAGES VIEW
08/30/2018 940 JINS JURY INSTRUCTIONS (FILED IN OPEN COURT) 30
08/3... More...
   $3800000 (09-05-2018 - FL)

Thomas Martone v. Walter E. Robb, III, Roberta Lang; Glenda Jane Flanagan Western District of Texas Federal Courthouse - San Antonio, Texas

Thomas Martone, a former Whole Foods employee, brought an action against certain Whole Foods executives who are named fiduciaries for the company’s 401(k) plan. Martone alleges that these executives breached their fiduciary duties by allowing employees to continue to invest in Whole Foods stock while its value was artificially inflated due to a widespread overpricing scheme. The district court dis... More...   $0 (09-05-2018 - TX)

Amalia Webster v. Claremont Yoga

Plaintiff Amalia Webster appeals from a grant of summary
judgment in favor of defendants and respondents Claremont
Yoga and Kurt Bumiller. Plaintiff alleged that Bumiller had
injured her while adjusting her posture during a yoga class in
which he was the instructor. Defendants moved for summary
judgment and filed expert declarations stating that defendants
had not breached ... More...
   $0 (09-05-2018 - CA)

Lorraine Bujanda v. The State of Texas

In her sole issue, Appellant challenges the sufficiency of the evidence supporting the restitution order. Appellant does not dispute the amount of the restitution ordered by the trial court. Citing Hanna v. State, 426 S.W.3d 87 (Tex.Crim.App. 2014), she argues that the evidence is insufficient because the State failed to offer any proof that she was intoxicated at the time of the accident w... More...   $0 (09-02-2018 - TX)

Delvecchio Patrick v. The State of Texas

On August 19, 2012, Vickie Cook found her thirty-two year old daughter, Deanna, dead in the bathtub of Deanna’s home.3 The medical examiner who conducted the autopsy concluded that Deanna’s death was caused by drowning and other homicidal violence. Suspicion immediately focused on appellant with whom Deanna had been in a tumultuous, volatile, and often violent relationship since 2008. He was ... More...   $0 (09-01-2018 - TX)

River City Drywall, LLC v. Eric Hanlon and Nalinh Hanlon

The Hanlons served in the role of general contractor in the construction of their new home (the Residence) in Austin. They entered into a contract with River City to install the Residence’s drywall and to apply decorative texture to the drywall. They hired another contractor, Nicolas Guerrero, to paint the interior walls after River City finished its drywall and texture work. At some point after... More...   $0 (09-01-2018 - TX)

Charlene Richard v. Regional School Unit 57 District of Maine Federal Courthouse - Portland, Maine

Charlene Richard, formerly a
kindergarten teacher at Waterboro Elementary School, sued Regional
School Unit 57 ("RSU 57"), claiming that by retaliating against
her for her advocacy on behalf of students with disabilities, it
violated the Americans With Disabilities Act, Rehabilitation Act,
Maine Human Rights Act, and Maine Whistleblower Protection Act.
After a five-day benc... More...
   $0 (09-01-2018 - ME)

Robert Gustavsen v. Alcon Laboratories, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Our disposition of the merits of this appeal turns on a single question:
Can manufacturers of prescription eye drops change the medication's bottle
so as to alter the amount of medication dispensed into the eye without first
getting the FDA's approval? Finding that federal law requires
prior approval for such a change, we hold that state law claims
challenging the manufacture... More...
   $0 (09-01-2018 - MA)

James John Waite, Jr. v. AII Acquisitions Corporation, et al. United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

While living in Massachusetts, James Waite was exposed repeatedly to asbestos, some of which was mined and sold by Union Carbide Corporation. More than twenty-five years after his initial asbestos exposure, Mr. Waite moved to Florida, where he was diagnosed with mesothelioma. Mr. Waite and his wife, Sandra Waite, filed a lawsuit in Florida state court against a group of defendants that included Un... More...   $0 (08-31-2018 - FL)

William Jae Kim v. Toyota Motor Corporation

Plaintiff William Jae Kim (Kim) was severely injured after he lost control
of his Toyota Tundra pickup truck and drove off an embankment. Together with
his wife, Kim brought this strict products liability suit against defendant Toyota
Motor Corporation and related entities (collectively, “Toyota”), claiming that the
pickup truck was defective because its standard configuration did ... More...
   $0 (08-31-2018 - CA)

Linda Rowlands v. United Parcel Service - Fort Wayne Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Linda Rowlands claims that United Parcel Service (“UPS”) discriminated against her be-cause she had a disability, failed to accommodate her
∗ Of the Northern District of Illinois, sitting by
2 No. 17-3281
disability, and retaliated against her when she requested ac-commodations, all in violation of the Americans with Disabil-ities Act, 14 U.S.C. § 12111 et seq. (“ADA”). The distr... More...
   $0 (08-27-2018 - IN)

Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

A.L. v. Walt Disney Parks and Resorts, US, Inc. Middle District of Florida Federal Courthouse - Orlando, Florida

This is a consolidated appeal of 30 separate lawsuits. Most plaintiffs-appellants are individuals with severe autism. Defendant-appellee is Walt Disney Parks and Resorts US, Inc. (“Disney”), a division of The Walt Disney Company.
In separate lawsuits, plaintiffs filed claims alleging that Disney, at six of its theme parks, fails to accommodate their disabilities, in violation of Title III of t... More...
   $0 (08-21-2018 - FL)

Larry D. Lincoln; Brad C. Mosbrucker v. BNSF Raiway Company District of Kansas Federal Courthouse - Topeka, Kansas

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv... More...
   $0 (08-20-2018 - KS)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Mark C. James v. Sam Woods; Stephanie Welborn Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal—interwoven with a custody dispute—arrives in our court following a father’s report of sexual misconduct inflicted on his child by the child’s stepfather. Upon investigation by the St. Tammany Parish Sheriff’s Office, the stepfather was arrested and charged with aggravated incest. A state-court jury ultimately acquitted him at trial, and he later filed these malicious-prosecution and in... More...   $0 (08-14-2018 - LA)

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