Deliberate Indifference Law
 
Natalie Plummer v. University of Houston

The University of Houston found two former students, Ryan McConnell and Natalie Plummer, to have violated the University’s sexual misconduct policy. After two unsuccessful administrative appeals, McConnell and Plummer were ultimately expelled. McConnell and Plummer then sued the University and two University officials, alleging that they were denied constitutional due process and were discriminate... More...   $0 (06-23-2017 - TX)

Jessee Soloman v. Bert Bell, et al.

This appeal raises the issue of whether the plan administrator for Defendants-
Appellants, the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player
Supplemental Disability Plan (collectively, the “Plan”), abused its discretion in denying a
certain type of disability benefits to Plaintiff-Appellee Jesse Solomon. After the plan
administrator determined that Solomon’s disabil... More...
   $0 (06-23-2017 - MD)

Matthew Devere Warfield v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

The instant charges arose out of a roadway encounter between two drivers going
northbound on Interstate 35 between San Marcos and Austin, near Kyle. Jack Drewien, driving a
red truck, was driving in the left of the three highway lanes. As he began to approach an 18-wheeler
truck driving in the center lane, he saw a white car in his rearview mirror. As he passed the truck,
he not... More...
   $0 (06-23-2017 - TX)

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora... More...
   $0 (06-23-2017 - tx)

Edward Monroe, et al. v. FTS USA, LLC

Edward Monroe, Fabian Moore, and Timothy Williams brought this Fair Labor Standards Act (FLSA) claim, on behalf of themselves and others similarly situated, against their employers, FTS USA, LLC and its parent company, UniTek USA, LLC. FTS is a cable-television business for which the plaintiffs work or worked as cable technicians. The district court certified the case as an FLSA collective action,... More...   $0 (06-21-2017 - TN)

DAVID TAYLOR WEBSTER v. STATE OF KANSAS

In late March 2009, Webster argued with his live-in girlfriend at their home. Their argument became heated. Webster struck the woman and strangled her to death. He then hid the body at another location. At the insistence of his girlfriend's adult daughter, Webster made a missing person's report with the local police the next day. The officer taking the report questioned that version of events beca... More...   $0 (06-21-2017 - KS)

Joseph Bailey v. City of Ann Arbor, et al.

In this qualified immunity case, Ann Arbor police officers
relied on a security camera’s footage of a robbery, allegedly without accounting for inconsistent
eyewitness testimony, in drafting a search warrant for Joseph Bailey’s residence. Yet the
warrant did not say whether the description of Bailey came from the robbery victim or just the
video and indeed mentioned both sources of... More...
   $0 (06-20-2017 - MI)

United States of America v. Egyptian Tanker Company and Thome Ship Management Federal Courthouse - Beaumont, Texas

Beaumont, TX - TWO INTERNATIONAL SHIPPING COMPANIES PAY $1.9 MILLION FOR COVERING UP VESSEL POLLUTION

Two shipping companies based in Egypt and Singapore pleaded guilty in federal court in Beaumont, Texas, to violating the Act to Prevent Pollution from Ships (APPS) and obstruction of justice for covering up the illegal dumping of oil-contaminated bilge water and garbage from one of their ... More...
   $1900000 (06-20-2017 - TX)

Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l... More...   $0 (06-20-2017 - TX)

Abigail Ross v. University of Tulsa United States Court of Appeals for the Tenth Circuit Denver, Colorado

The plaintiff (Ms. Abigail Ross) was allegedly raped by a fellow
student at the University of Tulsa (Mr. Patrick Swilling). The alleged rape
led Ms. Ross to sue the university for money damages under Title IX of the
Education Amendments Act of 1972. Under Title IX, universities that
receive federal financial assistance cannot discriminate on the basis of
gender. See 20 U.S.C. §... More...
   $0 (06-20-2017 - OK)

Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi

Evidence adduced at trial revealed that in the spring of 2009, Evans moved into
Holling’s home as her tenant. The two previously had been romantically involved, but that
relationship had ceased before Evans moved in with seventy-year-old Holling. On the
morning of January 2, 2010, fifty-two-year-old Evans and his friend, Joe Thomas, were on
the way to perform a carpet-cleaning job ... More...
   $0 (06-19-2017 - SC)

Rodney Brossart, et al. v. Kelly Janke, et al.

During confrontations that extended over two days at the Brossart family
farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both
Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s
wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,
and Nelson County, asserting federal claims under 42 U.S.C. §... More...
   $0 (06-19-2017 - ND)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-19-2017 - CA)

Ming-Hsiang Kao v. Joy Holiday

Plaintiff Ming-Hsiang Kao was employed by defendant Joy Holiday, a travel tour
company. He brought an action alleging, among other things, breach of contract and
violation of federal and state statutes regulating wages and overtime pay. After a bench
trial, the court ruled against Kao on his breach of contract and statutory claims but
awarded damages for unpaid labor under the equi... More...
   $0 (06-18-2017 - CA)

Eric Horton v. State of Indiana Man charged in Indy double homicide

On November 28, 2015, Horton was at a duplex belonging to his father,
Kenneth Horton. In the weeks leading up to November 28, the property
manager had made attempts with law enforcement to remove Horton from the
property; Horton had never formally leased a room and had threatened another
tenant with a firearm. Horton always carried two firearms and routinely
cleaned them... More...
   $0 (06-17-2017 - IN)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

STATE OF IOWA vs. PATRICIA PRANSCHKE COURT OF APPEALS OF IOWA

Viewing the trial evidence in the light most favorable to the jury’s guilty
verdicts, State v. Romer, 832 N.W.2d 169, 172-73 (Iowa 2013), the jury could
have found the following facts. Terri Andersen is Patricia Pranschke’s adult
daughter. In April 2015, a warrant was issued for Andersen’s arrest. The
warrant related to a traffic violation issued to Andersen for driving on a... More...
   $0 (06-16-2017 - IA)

Charles Robert Gauger v. Margie Tidwell Gauger

Charles Robert Gauger appeals the entry of a post-answer default judgment
against him in his divorce case. The trial court entered a default judgment because
Gauger failed to appear at the final hearing. Gauger then retained counsel and filed
a motion for new trial in which he alleged that he had a meritorious defense, that a
new trial would not prejudice his ex-wife, and that he h... More...
   $0 (06-15-2017 - TX)

CHRISTOPHER ROBIN SCHMIDT vs. STATE OF IOWA Robert Nelson murder *Christopher Schmidt convicted, sentenced to LWOP*

Schmidt and the victim, Robert Nelson, were acquaintances. On
Thursday, December 28, 2006, Nelson’s neighbors heard noises around 10:00
p.m. On December 31, an apartment manager opened Nelson’s apartment and
found his dead body. Police learned that Schmidt was an acquaintance of
Nelson, questioned Schmidt and his girlfriend, and learned that Schmidt had
been renting a c... More...
   $0 (06-15-2017 - IA)

COREY DARNELL MOORE vs. STATE OF IOWA Man found guilty of robbery in Cedar Falls shooting case

Corey Moore was convicted of robbery in the first degree, in violation of
Iowa Code section 711.2 (2011); assault causing serious injury, in violation of
Iowa Code section 708.2(4); and possession with intent to deliver marijuana
while in the immediate possession of a firearm, in violation of Iowa Code section
124.401(1)(d) and (e). This court affirmed Moore’s conviction on di... More...
   $0 (06-15-2017 - )

STATE OF IOWA vs. JOHN DAVID GREEN 2 words lead to mistrial in case where remains of man's friend were found buried in basement

Mark Koster lived in a one-bedroom house in Sac City. In 2009, he seemingly disappeared from the area without notice. Police were alerted after mail began to accumulate in the mailbox at his house and he stopped paying his utility bills. Police found a handwritten note attached to the back door of Koster’s house. The note indicated he had gone to Florida for the winter and would return in the ... More...   $0 (06-14-2017 - IA)

Roel David Gonzalez v. The State of Texas "

Mother testified that she met Appellant through work, began dating him, and
eventually they moved into a house along with Mother’s three daughters in 2008.
At the time, Alice was almost twelve, Belle was ten, and Cici, the complainant,
1 See TEX. PENAL CODE ANN. §§ 21.11 (Vernon 2011) & 22.021 (Vernon 2016).


3
... More...
   $0 (06-13-2017 - TX)

STATE OF KANSAS v. LARRY LAVERNE TOOTHMAN

On August 7, 2013, Larry L. Toothman was charged in a seven-count complaint or information. On December 12, 2013, the complaint or information was amended to add an additional four counts. Counts 1 and 2 charged aggravated criminal sodomy or in the alternative criminal sodomy; Count 3 charged aggravated criminal sodomy or in the alternative aggravated incest; Counts 4, 5, and 6 charged aggravated ... More...   $0 (06-12-2017 - KS)

Brian Krajca v. Vicki Caum, Individually and as Independent Executrix in the Estate of Billie F. Krajca, deceased

This is an appeal from a summary judgment in an action to remove and replace the independent executrix of an estate. Due to a typographical error during the electronic-filing process, the appellant filed timely, but failed to serve timely, his response to a summary-judgment motion. Despite the appellant’s explanation
2
of the mistake, the trial court disregarded the late-served response an... More...
   $0 (06-08-2017 - TX)

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