The defendant, Ricardo Swilling, appeals from the judgment of conviction, rendered following a jury trial, of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), home invasion in violation of General Statutes § 53a-100aa (a) (2), and assault in the second degree in violation of General Statutes § 53a-60 (a) (2).1 Additionally, following the defendant’s pleas of no... More...   $0 (03-31-2018 - CT)

This is an appeal from a judgment of conviction and sentence entered by the
Gallia County Court of Common Pleas following a guilty plea by Razoar B.D. Harding
(“Harding”), appellant herein, to one count of trafficking in drugs. On appeal, Harding first
contends that his guilty plea was not knowingly, voluntarily, and intelligently made because the
trial court failed to substant... More...   $0 (03-31-2018 - OH)

Dinkel was hired as a counselor at Smoky Valley Middle School in Lindsborg, Kansas, for the 2012-13 school year. K.H. was an eighth grader there. His aunt was a friend of Dinkel's family and asked Dinkel to check on K.H. periodically because he had had difficulties at his previous school. K.H. was large for his age—6'2" and about 170 pounds.

Dinkel began counseling K.H. and frequently... More...   $0 (03-29-2018 - KS)

At age 56, Margery Newman pur-chased a long-term-care insurance plan from the Metropoli-tan Life Insurance Company (“MetLife”). She opted for one of MetLife’s non-standard options for paying her insurance pre-miums; MetLife called the method she selected “Reduced-Pay
2 No. 17-1844
at 65.” When Newman was 67 years old, she was startled to discover that MetLife that year more than doubled he... More...   $0 (03-27-2018 - IL)

Chicago, IL - Jury Finds in Favor of Plaintiff in AndroGel

Jesse Mitchell and Kimberly Mitchell sued AbbVie, Inc. on a product liability and negligence theories claiming that AbbVie failed to disclosed the potential risks associated with the use of the product that it sold to him and as a direct result he suffered a heart attack.

Date Filed
#
Docket Text
11/15/2017More...   $0 (03-26-2018 - IL)

Philadelphia, PA - Sinking Spring, PA Man Sentenced 5 Years For Fraudulent Claims

Rafael Christopher Cirino, 36, of Sinking Spring, Pennsylvania, was sentenced by the Hon. Edward G. Smith, United States District Judge, to a term of 60 months’ imprisonment, to be followed by supervised release for a period of 5 years, as well as a $1,700 special assessment. This conviction was the result ... More...   $0 (03-23-2018 - PA)

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...   $0 (03-17-2018 - CA)

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Plaintiff-Appellant James Webb brought this class action
lawsuit against Defendants-Appellees SolarCity
Corporation (SolarCity or the company), Lyndon R. Rive,
and Robert D. Kelly on behalf of the class of plaintiffs who
bought SolarCity shares between December 12, 2012—the
date of the company’s initial public offering (IPO)—and
March 18, 2014 (the Class Period). Webb claim... More...   $0 (03-08-2018 - CA)

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with TranS1’s A... More...   $0 (02-24-2018 - NC)

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...   $0 (02-21-2018 - CA)

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...   $0 (02-19-2018 - CA)

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc... More...   $0 (02-18-2018 - MO)

The state appeals from the circuit court’s order sustaining the defendants’ motions
to suppress all evidence seized pursuant to a warrant authorizing search of a residence for
stolen items. The state admits an officer submitted a prepared search warrant form, which
was then executed by a circuit judge, authorizing a search for any deceased human fetus
or corpse despite the fact the... More...   $0 (02-16-2018 - MO)

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in... More...   $0 (02-13-2018 - TX)

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

Des Moines, IA - Former Des Moines Dentist Sentenced to Prison for Unlawfully Obtaining Hydrocodone and Firearm Offenses

Shawn Michael Kerby, 39, formerly of Des Moines, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 20 months in prison for obtaining hydrocodone by misrepresentation and being a user and addict of a controlled substance in possession of a... More...   $0 (02-08-2018 - IA)

At age 56, Margery Newman purchased
a long-term care insurance plan from the Metropolitan
Life Insurance Company (“MetLife”). She opted for one of
MetLife’s non-standard options for paying her insurance premiums;
MetLife called the method she selected “Reduced-Pay
at 65.” When Newman was 67 years old, she was startled to
2 No. 17-1844
discover that MetLife that year mor... More...   $0 (02-07-2018 - IL)

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in... More...   $0 (02-06-2018 - MS)

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)