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Foreseeability Law
In Re: Asbestos Products Liability Litigation (No. VI) Third Circuit Court of Appeals - Philadelphia, Pennsylvania

These asbestos cases involve the availability of the
“bare-metal defense” under maritime law. The defense’s basic
idea is that a manufacturer who delivers a product “bare
metal”—that is without the insulation or other material that
must be added for the product’s proper operation—is not
generally liable for injuries caused by asbestos in later-added
materials. A classic sce... More...
   $0 (10-13-2017 - PA)

Edward Bujnoch v. National Oilwell Varco, L.P. Harris County Courthouse - Houston, Texas

Amanda Bujnoch was a passenger in a vehicle that slid off the roadway and
rolled over after the vehicle encountered some oil-based mud cuttings. Amanda was
ejected from the vehicle and killed. National Oilwell Varco, L.P (NOV) had loaded
the mud into an open-top dump trailer that
company (Big Red). Neither Big Red nor NOV ensured that the truckload of mud
had been secured... More...
   $0 (09-23-2017 - TX)

Erika Grotheer v. Escape Adventures, Inc.

Plaintiff and appellant Erika Grotheer is a non-English speaking German citizen
who took a hot air balloon ride in the Temecula wine country and suffered a fractured leg
when the basket carrying her and seven or eight others crash landed into a fence.
Grotheer sued three defendants for her injuries: the balloon tour company, Escape
Adventures, Inc. (Escape), the pilot and Escape’s ... More...
   $0 (09-01-2017 - CA)

Staci Russell v. Lisa May, M.D., Victoria W. Kindel, M.D. and Tana Goering, M.D.

A party who does not raise an issue in a petition seeking review of a Kansas Court
of Appeals decision fails to preserve the issue for review by the Kansas Supreme Court.
On appeal from a decision regarding a motion for judgment as a matter of law
under K.S.A. 2016 Supp. 60-260(a), an appellate court applies the same standard as did
the district court ... More...
   $0 (08-31-2017 - K)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Coye Q. McMillan v. Joe Harris, Individually and as Representative of the Estate of Randi Harris

This interlocutory appeal concerns the adequacy of expert reports under the
standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code.
Ann. § 74.351 (West 2017). Dr. Coye Q. McMillan appeals the trial court’s order
denying his motion to dismiss a health care liability claim brought by Joe Harris,
individually and as representative of the estate of Randi ... More...
   $0 (08-17-2017 - TX)

Jacques Jacobs v. Caldwell Banker Residential Brokerage Company

Defendant Coldwell Banker Residential Brokerage
Company (Coldwell) marketed for sale a vacant, bank-owned
property located in Simi Valley. The property had a backyard
with an empty swimming pool and diving board. While plaintiffs
Jacques Jacobs (Jacques) and his wife, Xenia Jacobs (Xenia),1
were viewing the property as potential buyers, Jacques stepped

1 Plaintiffs are... More...
   $0 (08-15-2017 - CA)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the... More...   $0 (07-13-2017 - TX)

UNITED STATES OF AMERICA - v. RANDALL MARTINEZ, a/k/a Randall, a/k/a Jose Rodriguez, a/k/a Jose Rodriguez-Saez, a/k/a Rando Martinez, a/k/a Randall Martinez-Espinal, HENRY FIORENTINO, JOSE TEJADA, and MARCOS RODRIGUEZ, a/k/a Markito UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

The present prosecutions arise out of a sprawling conspiracy in and around New York
City, spanning at least a decade, in which more than two dozen persons are alleged to have committed
1 more than 200 robberies of drug traffickers. One of the coconspirators' main stratagems was to
2 impersonate officers of the New York City Police Department ("NYPD") in order to stop or purport
3... More...
   $0 (07-08-2017 - NY)

Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da... More...
   $0 (07-07-2017 - TX)

Joseph Petitpas v. Ford Motor Company

Plaintiffs Marline Petitpas1 and Joseph Petitpas sued Ford
Motor Company, Exxon Mobil Corporation, Rossmoor
Corporation,2 and others, alleging that exposure to asbestos
caused by these defendants resulted in Marline’s mesothelioma.
Motions for summary adjudication were granted before trial,
narrowing the claims against Exxon and Ford. During trial, the
court granted nonsuit... More...
   $0 (07-06-2017 - CA)


On September 2, 2015, a Butler County grand jury indicted Cunningham with
one count of endangering children in violation of R.C. 2919.22(B)(1), a second-degree felony
under R.C. 2919.22(E)(2)(d), and one count of murder in violation of R.C. 2903.02(B), an
unclassified felony. The charges stemmed from allegations that Cunningham shook his two
month-old daughter ("the victim"), ... More...
   $0 (07-05-2017 - OH)

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.
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Yulma Molina v. Hurricane Harbor, L.P.

Yulma “Janet” Molina appeals from a take nothing judgment in her lawsuit against Hurricane Harbor, L.P. for negligence. In two issues, Janet challenges the admission of certain evidence and the sufficiency of the evidence. We affirm.
Janet sued Hurricane Harbor for negligence arising out of injuries she sustained while on the “Mega Wedgie,” a water slide located at Hurricane Har... More...
   $0 (06-08-2017 - TX)

Michael Henderson v. CC-Parque View, LLC d/b/a Parque View Apartments, Asset Plus Corporation, Asset Plus Companies, LP, Asset Plus Realty Corporation, and Asset Plus USA, LLC

An independent-contractor security guard shot Michael Henderson with a rubber bullet during an early morning encounter in the parking lot of Henderson’s
apartment complex. Henderson sued his landlord, Parque View Apartments, its
management companies, and Ranger Guard and Investigations, the security
company that had contracted to provide security services at Parque View.
Hend... More...
   $0 (05-18-2017 - TX)

Aisha A. Krechuniak v. Zia Jamal Noorzoy

This appeal challenges an order enforcing an agreement between two siblings,
Aisha A. Krechuniak (“Sister”)1
and her brother Zia Jamal Noorzoy (“Brother”), settling
litigation concerning the failed development of a residential parcel in Pebble Beach.
Sister was awarded a stipulated judgment of $850,000.00 against Brother as provided in
their “MEMORANDUM OF S... More...
   $0 (05-13-2017 - )

Randy J. Austin v. Kroger Texas, L.P.

Randy J. Austin appeals the district court’s (1) denial of his motion to reconsider an order denying leave to file a surreply and (2) grant of summary judgment to Kroger Texas, L.P., on his ordinary negligence/necessary instrumentalities claim. The district court, in one memorandum opinion and order, both denied the motion to reconsider for Austin’s failure to satisfy Federal Rule of Civil Procedu... More...   $0 (04-14-2017 - TX)


Defendant lived in a double-wide trailer with his mother, uncle, sister, and his sister’s two daughters. During the morning of September 16, 2015, Defendant and his sister were arguing inside the trailer when he allegedly threatened to burn it down. He exited the trailer, threw a bug zapper against the wall on the front porch, and walked to the side of the house. A few minutes later, the trailer c... More...   $0 (04-12-2017 - LA)


On January 6, 2013, Kelly, who was 18 years old at the time, and his friend, Lee King, were drinking at a friend's house. At around 3:30 a.m., the two left, with Kelly driving. On the way home, Kelly approached a sharp turn on a gravel road. Although Kelly applied the brakes and turned the steering wheel, the truck slid on the gravel. The truck hit a row of trees, breaking branches 4 to 5 feet off... More...   $0 (04-10-2017 - KS)

Margaret Kinsley, Individually and on behalf of Laddie Frances Kinsley, deceased v. Cartwright's Ranch House, LLC and John Clayton Cartwright Denton County Texas Courthouse

Appellee John Clayton Cartwright owns and operates Appellee Cartwright’s Ranch House, LLC, (CRH) a restaurant in Denton, Texas. One
1See Tex. R. App. P. 47.4.
morning, after Margaret and Laddie Kinsley ate breakfast together at CRH, as Laddie negotiated his walker off the curb in front of CRH and into the parking lot on the passenger-side of the couple’s vehicle, he fell. He was take... More...
   $0 (04-06-2017 - TX)


In 2013, Scroggs and her husband Matthew Scroggs ("Matthew")2 were living in
Pleasant Hill, Missouri with their three children. During the summer, Matthew's mother,
Melinda Brown ("Brown") was caring for the children at her home a couple hours away
from Pleasant Hill. In early June of 2013, Brown took the three children to visit Pleasant
Hill. Brown noticed that Scroggs appe... More...
   $0 (04-05-2017 - MO)


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Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

We recited the basic facts of Alyea's brutal murder when we affirmed the conviction (following a s... More...
   $0 (03-10-2017 - KS)


The facts found by the District Court for purposes of this declaratory action are as
follows. In 1991, Berdahl began working as a court reporter for the Sixteenth Judicial
District Court, in Forsyth. In November 2012, George Huss was elected as a district
court judge in the Sixteenth Judicial District. Huss oversaw Department Two of the
District and Berdahl worked directly ... More...
   $0 (02-18-2017 - MT)

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