Immunity Law
 
Izzarelli v. R.J. Reynolds Tobacco Co

We have been asked by the United States Court of Appeals for the Second Circuit to consider whether the ‘‘[g]ood tobacco’’ exception to strict products liability contained in comment (i) to § 402A of the Restatement (Second) of Torts1 precludes an action in this state against a cigarette manufacturer for including additives and manipulating the nicotine in its cigarettes in a manner that ultimatel

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GINAMARIE GOMES v. THE COUNTY OF MONMOUTH and CORRECT CARE SOLUTIONS, LLC

This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not

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Aranosian Oil Co., Inc. & a. v. State of New Hampshire

The Environmental Protection Agency (EPA) requires that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of releases of petroleum products from their tanks. See 40 C.F.R. § 280.93 (2014). New Hampshire’s Oil Discharge and Disposal Cleanup Fund (ODD Fund), established in 1988, is an EP

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RON KEISWETTER v. STATE OF KANSAS

Christopher Zorn was part of a Norton Correctional Facility community work crew mowing grass at a Norton church when he escaped from custody. About 25 minutes before the crew supervisor discovered Zorn was missing, an investigator from the prison arrived to question the inmates about a pack of cigarettes that had been stolen from another site where the crew had recently worked. Zorn ran from the c

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STATE OF NEBRASKA V. TIMOTHY J. BRITT

Britt’s convictions arose out of the deaths of Miguel E. Avalos, Sr. (Miguel Sr.); Jose Avalos; and Miguel E. Avalos, Jr. (Miguel Jr.) Davis was convicted in a separate trial of three counts of first degree murder and three counts of use of a deadly weapon to commit a felony arising from the deaths of the same victims.1 At the time of Britt’s trial, Davis was awaiting sentencing.

1. ATTE

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Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section

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STATE OF CONNECTICUT v. SHEILA DAVALLOO

This certified appeal addresses the scope of the marital communications privilege codified in General Statutes § 54-84b.1 The defendant, Sheila Davalloo, was convicted, after a jury trial, of murder in violation of General Statutes § 53a-54a. The defendant appeals from the judgment of the Appellate Court affirmingthatconvictionafterconcludingthatherstatements to her husband, Paul Christos, did not

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City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin

The present case is a Mississippi Tort Claims Act (MTCA) case riddled with
confusion and miscommunication surrounding a residential building permit. In 2006, Dr.
Terry Y. McMillin and his wife, Leslie Susan McMillin, purchased a new home in Tupelo,
Mississippi. Displeased with contractor Jamie Ewing’s failure to respond to their repair
requests, plus their discovery of a documen

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NICK C. RHOADES vs. STATE OF IOWA

Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont

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United States of America v. Andrew Cunningham

Miami, FL - Indiantown Resident Guilty of Being a Felon in Possession of a Firearm

A Fort Pierce jury found an Indiantown resident guilty of being a felon in possession of a firearm.

Andrew Cunningham, III, 32, of Indiantown, Florida was convicted at trial, of being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g). Cunningham face

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PIERSON v. JOPLIN

On April 25, 2007, Lahoma Pierson Hall (Ms. Hall) died in the care of hospice after a seven-day stay in AHS Tulsa Regional Medical Center (Hospital). On March 20, 2009, Appellants Kenneth P. Pierson, son of Ms. Hall, and Paula L. Taylor, granddaughter of Ms. Hall, filed a petition, CJ-2009-2452 (Pierson I), against the Hospital stating claims on their own behalf. After amending the petition severa

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MAXWELL v. SPRINT PCS

On February 2, 2014, Petitioner Theresa Maxwell suffered an injury to her knee while working for her Employer, Respondent Sprint PCS. She promptly notified her Employer and timely filed a CC-Form-3 with the Workers' Compensation Commission on March 18, 2014. The Employer admitted Petitioner's injury to her knee was compensable, and she had surgery to repair a tendon in her knee. Petitioner also re

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UNITED STATES OF AMERICA v. ERIC SCURRY, ALSO KNOWN AS E,

The principal question presented in this appeal is whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968 mandates suppression of evidence derived from a wiretap where information expressly required by the statute was omitted from the court order authorizing the wiretap. Appellants contend that the district court erred in denying their motions to suppress, relying on our sub

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Timothy Sumner v. Campbell Clinic, PC, et al.

On July 19, 2011, Plaintiff Timothy Sumner (“Mr. Sumner”) was admitted to the Regional Medical Center in Memphis in order to receive treatment for an injured right leg.1 As part of his treatment, Mr. Sumner was scheduled to undergo a surgery that involved the taking of a bone graft from the iliac crest of his hip. Because Mr. Sumner had recently undergone another surgery to repair a “right lower

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STATE OF LOUISIANA Vs. BEN AMOS

The facts giving rise to the charged offenses occurred on or about August
25, 2014, at approximately 4:30 a.m. at a Walgreens location in Chalmette,
Louisiana. At the time, three Walgreens employees and one customer were inside
the store. Lan Nguyen, a service clerk at the Walgreens, testified that she was
working the overnight shift in the photo department when she heard the

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Texas Commission on Environmental Quality v. Exxon Mobil Corporation; Exxon Mobil Oil Corporation; Pennzoil-Quaker State Company and Shell Oil Companyt

In this case of first impression, the Texas Commission on Environmental Quality
contends that the two types of Superfund orders it is empowered to issue are mutually exclusive,
meaning that one order cannot be issued under both ordering provisions. The Commission further
contends that the Superfund order at issue here is an order issued under Section 361.188 of the Solid
Waste Dis

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Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys’ fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing

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United States of America v. Kyle Robert Wick

Missoula, MT - Stevensville Man Convicted of Manufacturing and Dealing Firearms Without a License

Following a three day federal trial, a Montana jury found Kyle Robert Wick, 31, of Stevensville, guilty of manufacturing and dealing in firearms without a license. The charges stemmed from Wick’s advertisement and sale of “Uzi parts kits” on a gun sale website.

Wick was originally

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Darreus Rainwater v. State of Indiana

In March 2015 Chad Hall lived with his father and fifteen-year-old son in
Greene County, Indiana. Hall kept four four-wheelers and lawn equipment
inside a detached garage on the property.
[4] Hall and his son were returning home around 6:00 p.m. one evening when
Hall’s son said that he saw something in the detached garage. Hall drove his
truck to the detached g

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STATE OF KANSAS v. CHARLES C. LOGSDON

Logsdon's lengthy trial involved numerous witnesses and thousands of pages of transcript. We offer a condensed version of the facts, as they were established at trial, but still must discuss the evidence in some detail because of Logsdon's sufficiency of the evidence challenge.
A. The crime and initial investigation
Trial testimony established that Heckel was shot in her home around 7

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Richard J. Redding v.The State of Wyoming

On the evening of December 26, 2014, Mr. Redding was intoxicated and arguing with his wife. In an effort to calm himself and prevent the dispute with his wife from escalating, he called law enforcement. Officers Ableman and Coates of the Douglas, Wyoming Police Department responded to the call. Mr. Redding told the officers his wife had been yelling at him and causing problems, and he asked tha

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Marietta Robinson v. Sarah Pezzat

In the summer of 2010, the Metropolitan Police Department (MPD) obtained a warrant to search appellant Marietta Robinson’s home after her grandson was arrested while in possession of marijuana. Around 9 p.m. on the evening of June 15, a police squad consisting of nine officers arrived at Robinson’s house to execute the warrant. In her deposition, Robinson testified that when she heard someone “kno

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STATE OF NEW JERSEY VS. TIMOTHY ADKINS

Following an evidentiary hearing ordered by the Supreme
Court in State v. Adkins, 221 N.J. 300, 303 (2015), and with
leave granted, the State appeals from the Law Division's June 25,
2015 order granting defendant Timothy Adkins's motion to suppress
the blood alcohol content (BAC) results the State obtained from a
warrantless blood draw. We affirm.
I.
We begin b

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STATE OF CONNECTICUT v. KENNETH JAMISON

The state appeals, following our grant of certification, from the judgment of the Appellate Court, which reversed in part the judgment of the trial court convicting the defendant, Kenneth Jamison, following a jury trial, of, inter alia, illegal possession of an explosive in violation of General Statutes § 29-348, and manufacturing a bomb in violation of General Statutes § 53-80a.1 See State v. Ja

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Reginald Rome v. State of Tennessee

On December 4, 2002, the victim, Deputy George Selby, along with other members of the Shelby County Sheriff‟s Office, attempted to serve a narcotics search warrant upon Petitioner‟s home. Reginald Rome, 2008 WL 2331018, at *1. Deputy William Speight testified that he and a team of twelve officers went to Petitioner‟s home around 5:30 or 6:00 p.m. Though it was dark outside, se

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