Infant Law
 
Lydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

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d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - FL)

Leydiana Santiago v. Marisa Baker, M.D.

Leydiana Santiago and Armando Ocasio, the parents and natural guardians of the child, Z.O.S., sued Dr. Marisa Baker and Women's Care Florida, LLC,

- 2 -

d/b/a Lifetime Obstetrics and Gynecology (collectively, Lifetime), for medical malpractice. Tragically, Z.O.S. suffers from severe birth defects allegedly caused by a drug that Ms. Santiago resumed taking to treat a chronic disease. ... More...
   $0 (04-11-2014 - fl)

State of Utah v. Casey Phillip Perkins

¶1 Defendant Casey Phillip Perkins appeals from the amended
sentence entered after he pleaded guilty to two counts of child
abuse. Perkins advances multiple theories to challenge the entry of
an amended judgment sometime after the original sentence was
entered on the day of the sentencing hearing. We affirm.
State v. Perkins
20111103-CA 2 2014 UT App 60
BACKGROUND
... More...
   $0 (03-20-2014 - UT)

United States of America v. James White, Jr.

Federal court in Fergus Falls, a jury found a 40-year-old Red Lake man guilty of assaulting an infant while on the Red Lake Indian Reservation. On March 13, 2014, following a four-day trial, the jury convicted James White, Jr., on one count of assault resulting in serious bodily injury. White was indicted on October 22, 2013.

According to the indictment and evidence presented at trial, on... More...
   $0 (03-18-2014 - MN)

The People v. Joseph Montes

A Riverside County jury found defendant Joseph Montes guilty of first degree murder (Pen. Code, §§ 187, 189) (count I)),1 kidnapping during the commission of a carjacking (§ 209.5) (count II), carjacking (§ 215) (count III), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)) (count IV). The jury found true three special circumstance allegation... More...   $0 (03-13-2014 - CA)

United States of America v. Michael Jacques

Following a seven-hour interrogation in which he confessed participating in the arson of an African-American church, Michael Jacques was convicted in federal court of conspiracy against civil rights, damage to religious real property, and the use of a fire to commit a felony. On appeal, Jacques argues that the district court erred in admitting his statements into evidence because agents obtained ... More...   $0 (03-11-2014 - MA)

Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez v. Joseph Morris McKellar, M.D., d/b/a O.B. Associates; Carter J. Moore, M.D.; Carter J. Moore, M.D., P.A.; Rebecca Thomas, CRNA; Clinical Partners, P.A.- Mt. Pleasant, and Titus Regional Medical Center

In this medical negligence case, Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez,1 appeal the trial court’s order granting Titus Regional Medical Center’s plea to the jurisdiction. We affirm the judgment of the trial court.

I. Factual and Procedural Background

Cervantes was admitted to Titus Re... More...
   $0 (02-19-2014 - TX)

The Estate of Andrea Yvonne Arrington v. John Michael, Police Officer, City of Chester

In this substantive due process action involving the murder of a young woman, Officer John Michael of the Chester, Pennsylvania, police force appeals the denial of summary judgment by the United States District Court for the

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*Honorable Kermit V. Lipez, United States Court of Appeals Senior Judge for the First Circuit, sitting by designation.

3

Eastern Di... More...
   $0 (12-24-2013 - PA)

Via Christi Medical Center, Inc. v. Ivan M. Reed

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi ... More...   $0 (12-20-2013 - KS)

Joseph W. Democko v. Iowa Department of Natural Resources

In this case, we consider whether the Iowa Department of Natural Resources (DNR) can revoke resident hunting licenses previously granted to Joseph Democko, Donald Jones, and James Samis on the basis they do not qualify as residents under Iowa Code chapter 483A. On judicial review, Democko, Jones, and Samis claim that the agency’s decision was not supported by substantial evidence and, in the alt... More...   $0 (12-06-2013 - IA)

United States of America v. Omar Arreguin

After the district court denied Omar Arreguin’s motion to suppress the fruits of a home search, he entered a conditional guilty plea to charges under 21 U.S.C. § 841, and reserved his right to appeal the district court’s ruling. We heard his appeal and affirmed in part, reversed in part, and remanded for further proceedings. United States v. Arreguin, 453 F. App’x 678 (9th Cir. 2011). On re... More...   $0 (11-22-2013 - CA)

In re Suhey G., A Person Coming Under the Juvenile Court Law

By petition for an extraordinary writ, Esteban G. (father) asks us to vacate the trial court’s order (1) for an evaluation of him under the Interstate Compact on the Placement of Children (ICPC) and (2) setting a selection and implementation hearing pursuant to Welfare and Institutions Code1 section 366.262 as to his daughter, five-year-old Suhey G. (Suhey). Father contends that the court abused... More...   $0 (11-21-2013 - CA)

Shah Rahman v. Kid Brands, Inc.

Shah Rahman, now the appellant, brought this federal securities class action on March 22, 2011, against defendant Kid Brands, Inc., a New Jersey corporation, and against the individual defendants, Bruce G. Crain, Guy A. Paglinco, and Raphael Benaroya, officers of Kid Brands (collectively with Kid Brands “appellees”). Kid Brands is in the business of importing inexpensive infant furniture and p... More...   $0 (11-19-2013 - )

Tramel R. Bracey v. City of Killeen, Texas; and Police Chief Dennis Baldwin

This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin... More...   $0 (11-06-2013 - TX)

SIt, SL v. Tulsa Turbine Engines and Aircraft, LLC

¶1 In this action seeking recovery for breach of contract and for tortious conduct arising from the asserted breach, Defendants Tulsa Turbine Engines and Aircraft, LLC, (TTEA) and Gary and Tracey Sherrill seek review of the trial court's denial of their motion to vacate a default judgment entered against them. After review of the record and applicable law, we affirm in part and reverse in part an... More...   $0 (11-04-2013 - OK)

Jonathan Ritchie v. United States of America

In this appeal, we again confront the much-maligned Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service. Feres v. United States, 340 U.S. 135 (1950).

As with most of our Feres jurisprudence, the claims at issue arise from personal tragedy: the premature birth—and immediate death—of Jonathan Ritchie’s i... More...
   $0 (10-24-2013 - HI)

T. W. and C. N. v. Texas Department of Family and Protective Services

After a bench trial, the trial court terminated the parental rights of appellants T.W. and C.N. to their children, A.N., their daughter born in May 2005, and D.N., their son born in May 2012. On appeal, T.W. and C.N. raise a single issue challenging the sufficiency of the evidence that termination is in the children’s best interest. We affirm the trial court’s order of termination.

Fact... More...
   $0 (10-21-2013 - TX)

A.G. v. Elsevier, Inc.

This is a curious case in which the plaintiffs, unsuccessful medical malpractice suitors, seek damages against the authors and publisher of a case report, introduced into evidence in the malpractice trials, that appeared in a peer-reviewed obstetrical journal. Acting on the defendants' motions to dismiss, see Fed. R. Civ. P. 12(b)(6), the district court concluded that the plaintiffs' complaint stu... More...   $0 (10-16-2013 - MA)

Bradley Scott Branham v. Melanie Dee Davenport

This appeal involves a dispute between former spouses over child custody and child support payments. In three issues, appellant Bradley Scott Branham challenges the trial court’s refusal to modify the possessory terms of his divorce
2
decree as he requested, the trial court’s increase of his child support obligation, and
the award of attorney’s fees. We affirm.
Background
... More...
   $0 (10-10-2013 - TX)

In the Interest of I.I.G.T., a child v. ATTORNEY GENERAL, SUEYAN OLIVETTE TALON

This appeal concerns the standing of a person not related to the child to bring a suit affecting the parent-child relationship (SAPCR). The trial court granted the child’s mother’s plea to the jurisdiction and dismissed Roderick Alexander’s suit to establish conservatorship. In his sole issue on appeal, appellant contends the trial court erred by granting Mother’s plea to the jurisdiction.... More...   $0 (10-07-2013 - TX)

Bobbi Klutschkowski v. Peacehealth

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...
   $0 (09-26-2013 - OR)

Rocky Eugene Dodd v. Anita Trammell

Defendant Rocky Eugene Dodd was convicted on two counts of first-degree murder in Oklahoma state court and received two death sentences. The two victims were his next-door neighbors in an apartment complex in Edmond, Oklahoma. They were found in their apartment with their throats cut. The prosecution case was circumstantial; there were no eyewitnesses, no confession, and no fingerprint, blood, or ... More...   $0 (09-16-2013 - OK)

In Re: The Estate of David MacDonald, deceased

The Estate of David MacDonald, deceased, appeals the trial court’s judgment awarding John Kidd damages in the underlying suit arising out of the death of Kidd’s daughter, Laurenne Krystean Hall. In three issues, the Estate argues the trial court abused its discretion in excluding Laurenne’s affidavit from a prior proceeding and admitting a photograph of Laurenne, and the evidence was factual... More...   $0 (08-13-2013 - TX)

State of Washington v. Tyson J. Romaneschi

The State of Washington charged Tyson J. Romaneschi, age 26, with first-degree assault of a child and two misdemeanor counts of violating a protection order. The State claimed that the 2-month-old infant of Shayna Tipton suffered 20 fractures at the hands of Romaneschi in February 2012.

Defendant claimed that the child suffered from rickets and has weak bones as a result.

RCW ... More...
   $0 (07-19-2013 - WA)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr... More...   $0 (07-09-2013 - MD)

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