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Imputed Fault Law
 
Shonda Martin v. Milwaukee County Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee County (“County”) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training. Bu... More...
   $0 (09-17-2018 - WI)

STATE OF OHIO vs. MICHAEL BUEHNER

In July 2002, a jury found Buehner guilty of two counts of murder and one
count of attempted murder in connection with the shooting death of Jerry Saunders on
May 24, 2001. Lawone Edwards testified at trial that shortly before the shooting, he and
Saunders were selling crack cocaine to passing motorists near the corner of Marah
Avenue and East 93rd Street in Cleveland when a b... More...
   $0 (09-16-2018 - OH)

Anthony S. Jones v. Great River Medical Center and Maria Schnitzer, M.D.

On April 28, 2015, Jones sought treatment for a “cardiac event” at Great
River’s emergency room (ER). Jones alleges during his visit, ER doctor Schnitzer
breached her duty of confidentiality by “blurting out a statement” that he “just tested
positive for methamphetamine in his bloodstream.”
On Friday, April 28, 2017, at 11:58 p.m., counsel for Jones filed a petition
aga... More...
   $0 (09-15-2018 - IA)

STATE OF LOUISIANA Vs. TIMREK ANDREWS

On October 15, 2013, defendant, Timrek Andrews, was arrested following a
traffic stop by two New Orleans Police Department (“NOPD”) officers for a
damaged driver-side mirror on defendant’s vehicle. During the traffic stop, the
officers requested defendant exit and step to the rear of the vehicle for officer
safety. After defendant exited the vehicle, the officers observed def... More...
   $0 (09-14-2018 - LA)

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)

InfoSpan, Inc. v. Emirates NBD Bank, PJSC Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A defendant that timely asserts that the district court lacks
personal jurisdiction and litigates the issue to an adverse
decision from the district court does not waive the personal
jurisdiction defense by vigorously litigating defenses to the
merits, including by asserting counterclaims against other
parties. Emirates NBD Bank PJSC (the “Bank”) was entitled
to litigate it... More...
   $0 (09-10-2018 - CA)

Michael Eugene Ritter v. State of Indiana

In the early morning of August 25, 2006, Elwood Police Officer Nicholas
Oldham was patrolling the streets when he observed a vehicle traveling on the
wrong side of the road. Officer Oldham initiated a traffic stop and approached
the vehicle. When he began speaking with the driver, Ritter, he smelled alcohol
and noticed that Ritter had watery, bloodshot eyes, and slurred speec... More...
   $0 (09-06-2018 - IN)

Derrick Bunkley v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

In this interlocutory appeal from the denial of the defendants’ motion for summary judgment, the defendants appeal several rulings, one of which concerns qualified immunity. We AFFIRM in part and DISMISS in part.
I.
Detroit Police arrested Derrick Bunkley on a charge of attempted murder, the State of Michigan prosecuted him, and a jury convicted him. But Bunkley was innocent. When the conv... More...
   $0 (09-06-2018 - MI)

CHARLES FORREST SILMON V. STATE OF ARKANSAS

At the jury trial, Fort Smith police officer Greg Napier testified that he participated
in the controlled buy of narcotics from Silmon. The buy occurred at Silmon’s home
located at 1500 Rutgers Circle. Napier testified that the New Apostolic Church is located
at 1208 Princeton Street, which is around the corner from Silmon’s residence. Napier
physically measured the distance fr... More...
   $0 (09-05-2018 - AR)

STATE OF KANSAS v. JASON CHRISTOPHER PEREZ Sooner Cannabis Consultants Click Here For Expert Help 918-960-5038

A jury convicted Jason Christopher Perez of 11 crimes, including 3 counts of attempted first-degree murder. Perez appeals those convictions, raising four arguments on appeal. First, he argues that two of his three counts of attempted firstdegree murder are multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Second, he argues that his ... More...   $0 (09-05-2018 - KS)

STATE OF OHIO v. JACQUELINE R. MILLER

On June 14, 2017, Miller was indicted for one count of Murder in violation of R.C. 2903.02(A), an unclassified felony, and one count of Possession of Cocaine in violation of R.C. 2925.11(A)/(C)(4), a felony of the fifth degree. It was alleged that Miller beat 81-year old Howard Biederman to death with a pair of vise grips, striking him at least 18 times, including 14 times in the head. {¶... More...   $0 (09-04-2018 - OH)

Gregorio Garcia, Jr. v. The State of Texas Sooner Cannabis Consultants Click Here For Expert Help 918-960-5038

A jury convicted Appellant of aggravated sexual assault of child. The indictment alleged that on or about July 1, 2010, Appellant intentionally and knowingly caused the penetration of his penis into the mouth of N.M., who at the time was younger than fourteen.1 As with many cases of this type, the jury was confronted with the child victim’s claim of the assault, and the defendant’s denial th... More...   $0 (09-02-2018 - TX)

Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Company, Inc.

A large law firm agreed to represent a manufacturing company in a federal
qui tam action brought on behalf of a number of public entities. During the same
time period, the law firm represented one of these public entities in matters
unrelated to the qui tam suit. Both clients had executed engagement agreements
that purported to waive all such conflicts of interest, current or futur... More...
   $0 (09-02-2018 - CA)

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)

Rev. Fr. Emanuel Lemelson v. Bloomberg, L.P. District of Massachusetts Federal Courthouse - Boston, Massachusetts

In both an online article and a subsequent TV interview, Bloomberg
News reported that the Securities and Exchange Commission had opened
an investigation to determine whether Emmanuel Lemelson, a priest
and hedge fund manager, had intentionally published false material
about public companies in whose stock he held a short position. Lemelson
filed suit against Bloomberg and ... More...
   $0 (09-01-2018 - MA)

Talawrence Donyea Tennell v. The State of Texas

Appellant Talawrence Donyea Tennell lived with his girlfriend Crystal Harris. Two children lived with them, Harris’s seven-month-old daughter, Hailey, and her five-year-old daughter, Riley. One afternoon, Harris left Hailey at home, and she asked Tennell to watch the baby. When Harris returned home approximately two hours later, Tennell was holding Hailey. The baby was unresponsive, and her ... More...   $0 (08-31-2018 - TX)

Jeffrey N. Killebrew v. The State of Texas

Deputy Mike Nguyen, an accident investigator with the Harris County
Sheriff’s Office (“HCSO”), testified that in the afternoon of February 23, 2014, he
was dispatched to an automobile/motorcycle collision on Franz Road in Katy,
Texas. When he arrived, he saw a motorcycle and Frank Rodriguez, the
“complainant,” who was deceased, lying on the pavement in the eastbound lane. More...
   $0 (08-31-2018 - TX)

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)

MARILYN E. BATMAN, Trustee of the BATMAN REVOCABLE TRUST NO. 1, v. KENT A. DEUTSCH, d/b/a DEUTSCH OIL COMPANY v. ROBRO ROYALTY PARTNERS, LTD., a Texas Limited Partnership, and BITTER END ROYALTIES, LP,

On October 1, 1983, Helen Morrison conveyed to Ralph Stalcup an 80-acre tract of real property located in Stafford County. This property was subject to a 1967 oil and gas lease (the Morrison Lease) entitling the lessor to a one-eighth royalty. The original lessor had drilled an oil well on the property in 1970. In the general warranty deed conveying the property, Morrison reserved mineral rights t... More...   $0 (08-30-2018 - KS)

Debbie Sheltra, et al. v. Nevada Division of Forestry

Reno, NV - Jury Finds Nevada Forestry Department Grossly Negligence

Debbie Sheltra sued the Nevada Division of Forestry and the University of Nevada on a governmental tort claim negligence theory claiming that her house was burned down in 2016 as a direct result of gross negligence.

The State apparently admitted some fault starting and managing a controlled burn that got out of c... More...
   $0 (08-18-2018 - NV)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

State of Ohio v. Reginald L. Greene

On August 15, 2005, a Franklin County Grand Jury indicted Greene for failure to pay court-ordered child support to his child, B. S., for 26 accumulated weeks of a 2-year period. (Aug. 15, 2005 Indictment 05CR-5445.) He pled guilty to that offense on February 13, 2006. (Feb. 13, 2006 Plea Tr. 05CR-5445, filed Nov. 17, 2017; Feb. 13, 2006 Plea Form 05CR-5445.) However, due to circumstances not ... More...   $0 (08-14-2018 - OH)

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