M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Intervening Cause Law
 
LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. KEVIN TERRELL HARVEY

On July 11, 2015, Karen Harvey filed an affidavit and petition for involuntary commitment in Forsyth County, North Carolina. The affidavit stated that her son, Kevin Harvey (“Harvey”) was mentally ill and a substance abuser dangerous to himself and others. It claimed that Harvey had not been taking his depression medication, had been diagnosed with multiple personality disorder, had attacked... More...   $0 (08-17-2018 - )

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

STATE OF MONTANA v. JESSY LEE WILLIAMS

As to the underlying facts of the offenses, the State and Williams presented dramatically different versionsof events at trial. According to Williams, hedrankat Bugz Bar andusedmethamphetamine with friends on February 28, 2014. Williams got a ride to another friend’s house, but after his ride left, he discovered that his friend was not home. It was extremely cold outside and Williams decid... More...   $0 (08-09-2018 - MT)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

Carolyn Staats v. Vintner's Golf Club, LLC

Plaintiff Carolyn Staats nearly died after being attacked by a swarm of yellow
jackets while playing golf on a Yountville course operated by Vintner’s Golf Club, LLC
(Club). She sued the Club for general negligence and premises liability, but the trial
court granted summary judgment against her on the basis that the Club owed no duty to
protect its patrons from yellow jackets that ... More...
   $0 (08-05-2018 - CA)

U.S. Tobacco Cooperative, Inc. v. Big South Wholesale of Virginia, L.L.C. Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Defendants Jason Carpenter, Christopher Small, Big South Wholesale, LLC, and Big South Wholesale of Virginia, LLC, d/b/a Big Sky International, appeal the district judge’s order granting a motion to reconsider a predecessor district judge’s order which had granted Defendants’ petition to substitute the United States as a party defendant under the Westfall Act. See 28 U.S.C. § 2679(b). The Westfall... More...   $0 (08-04-2018 - NC)

MONTANA STATE FUND v. LIBERTY NORTHWEST INS. CORP. v. KIM WIARD MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law

Kim Wiard (Wiard), began working at Tricon Timber, LLC (Tricon), in 2002. In
2010 or 2011, Wiard was working in the planer department when she was diagnosed with
bilateral carpal tunnel syndrome (CTS). At that time, Liberty Northwest Ins. Corp.
(Liberty) provided Tricon with workers’ compensation insurance coverage. Liberty
accepted liability for Wiard’s CTS as an occupation... More...
   $0 (08-02-2018 - MT)

Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company Southern District of New York - New York, New York

11 In a trademark dispute over use of the brand‐name ROGUE on t‐shirts,
12 sweatshirts, hats and similar apparel, Defendant Oregon Brewing Company
13 (“OBC”) appeals from the grant of summary judgment in the United States
14 District Court for the Southern District of New York (George B. Daniels, J.) in
15 favor of Plaintiff Excelled Sheepskin & Leather Coat Corporation... More...
   $0 (08-02-2018 - NY)

Marcia Eisenhour v. Weber County, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiff Marcia Eisenhour worked for 24 years as a court administrator for the Weber County Justice Court. In 2008, when her supervisor was Judge Craig Storey, the only judge of that court, she complained to the county attorney about sexual harassment by Storey. The matter was referred to Utah’s Judicial Conduct Commission, which found no misconduct. Eisenhour then went public in 2009, and the pr... More...   $0 (07-30-2018 - UT)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...   $4000000 (07-29-2018 - WA)

UNITED STATES OF AMERICA v. LORENE CHITTENDEN

In 2013, a federal grand jury indicted Lorene Chittenden for originating and
submitting fraudulent mortgage loan applications.1 At the government’s request, the
district court restrained nearly all of Chittenden’s assets pending the outcome of the
charges. After a seven-day trial, a jury convicted Chittenden of one count of conspiracy to
commit bank and mail fraud, under 18 U... More...
   $0 (07-27-2018 - NY)

UNITED STATES OF AMERICA v. WARREN CHARLES GREEN, IV

This case involves three separate traffic stops, all performed by Pennsylvania State Trooper Michael Volk, that are arguably relevant to Green’s constitutional claims. As a drug interdiction officer, Volk’s duties largely consist of traveling on the Pennsylvania Turnpike in an unmarked cruiser to search for drugs, money, and weapons. Each of the stops occurred on the Turnpike in the vicinity of So... More...   $0 (07-27-2018 - PA)

TRUMAINE MOODY vs STATE OF FLORIDA

An anonymous tipster flagged down a deputy of the Hendry County Sheriff's Office to tell him that a black male wearing a red, yellow, and black jacket was carrying a gun and standing outside a convenience store. The deputy called another deputy, and they met in front of the convenience store, where they observed Mr. Moody, a black male fitting the tipster's description. Upon noticing the patrol ... More...   $0 (07-26-2018 - FL)

IN RE: CUMBERLAND BAIL BONDING, et al.

According to proof introduced at the hearing on the matter, Mr. Kelvin Pell, a bondsman for Cumberland, was arrested on February 8, 2017, after law enforcement conducted a “sting” to establish that he had been trading bonds for sexual contact. The matter became public via an article in the local newspaper on February 10, 2017. On Monday, February 13, 2017, Cumberland mailed a petition to cancel M... More...   $0 (07-26-2018 - TN)

UNITED STATES OF AMERICA v. KENDALL ROSE, IKE WEEMS, a/k/a True, ANTHONY SABETTA, ALBERTO RODRÍGUEZ

We begin with an overview of this case's factual and procedural background, which also gives us the opportunity to review the law that is in play here. A. The facts relevant to this appeal are straightforward and uncontested. All of the Defendants were convicted of violating 18 U.S.C. § 922(g), which forbids from possessing firearms individuals who have been convicted of crimes that are ... More...   $0 (07-21-2018 - RI)

UNITED STATES OF AMERICA v. DAVID A. FRATES

Appellant David Frates pleaded guilty to one count of federal armed bank robbery, in violation of 18 U.S.C. § 2113(a) & (d). At his sentencing hearing, the district court applied the United States Sentencing Guidelines' career offender enhancement, increasing Frates's guideline sentencing range to 188-235 months' imprisonment. The court varied downward and sentenced Frates to 132 months' ... More...   $0 (07-21-2018 - MA)

Jesus Lazaro Collar v. Abalux, Inc. and Juan D. Cabral United States District Court for the Southern District of Florida - Miami, Florida Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Jesus Collar appeals the summary judgment in favor of his former employer, Abalux, Inc., and its owner, Juan Cabral, and against Collar’s complaint for unpaid overtime compensation under the Fair Labor Standards Act. See 29 U.S.C. § 207(a). The district court ruled that Collar’s employment in 2015 was not covered under the Act because Abalux had less than $500,000 in annual gross sales. See id. § ... More...   $0 (07-21-2018 - FL)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

STATE OF IOWA vs. DAKOTA M. POLAND

The events giving rise to Poland’s convictions occurred on March 10, 2016,
at the home where Poland lived with his parents and three younger sisters.
Poland, then twenty years old, was dating L.R., who was sixteen years old. L.R.
had been staying at the home for approximately one week but decided to leave
because Poland was drinking vodka. L.R. did not like being around Pola... More...
   $0 (07-08-2018 - IA)

John McAdams v. Marquette University

APPEAL from a judgment and an order of the Circuit Court
for Milwaukee County, David A. Hansher, Judge. Reversed and
remanded.
¶1 DANIEL KELLY, J. Marquette University suspended a
tenured faculty member because of a blog post criticizing an
encounter between an instructor and a student. Dr. John McAdams
took exception to his suspension, and brought a claim against
the U... More...
   $0 (07-07-2018 - WI)

Next Page

 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.