Mitigation Law
 
Angela Ames v. Nationwide Mutual Insurance Co

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa... More...   $0 (03-13-2014 - IA)

The People v. Jonathan Keith Jackson

A jury convicted defendant Jonathan Keith Jackson of the first degree murder of Monique Cleveland (Pen. Code, § 187),1 the willful, deliberate, and premeditated attempted murder of Robert Cleveland (§§ 664, 187), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)). The jury found true the allegations that defendant inflicted great bodily injury ... More...   $0 (03-03-2014 - CA)

United States of America v. Richard A. Bunnell

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Maureen O’Mara, Special Agent in Charge, United States Environmental Protection Agency, Criminal Investigation Division, Atlanta Area Office, and Colonel Alan M. Dodd, U.S. Army, Corps of Engineers, announce that Richard A. Bunnell, 70, of Coconut Grove, was sentenced yesterday for violations of federal law involving... More...   $0 (02-26-2014 - FL)

Brian J. Noel v. The State of Wyoming

[¶1] Pursuant to a plea agreement, Brian J. Noel pleaded guilty to two counts of attempted voluntary manslaughter. His pleas were accepted, and Noel was sentenced to two consecutive terms of incarceration of seventeen to twenty years. Noel now challenges on several grounds the plea agreement and the validity of his guilty pleas, as well as the sentences imposed. Finding no error, we affirm.
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   $0 (02-25-2014 - WY)

State of Nebraska v. Juan E. Castaneda

Juan E. Castaneda was convicted of several charges arising from three shootings that occurred in Omaha, Nebraska, Nebraska Advance Sheets

STATE v. CASTANEDA 291

Cite as 287 Neb. 289

November 12, 2008. We affirm Castaneda’s convictions in all respects, but conclude that the sentences of life imprisonment without the possibility of parole imposed upon Castaneda were unconstitu... More...
   $0 (02-07-2014 - NE)

HSBC Realty Credit Corporation (USA) v. J.Brian O'Neill

Today's case — a diversity suit governed, the parties agree, by Massachusetts substantive law — arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neil... More...   $0 (02-07-2014 - MA)

Loretta B. Mealy v. Nash Finch Company

The Estate of Terrence Mealy1 appeals the dismissal of its request for a declaration of the meaning of a phrase used in a restrictive covenant in a deed.

The district court erred in finding the question was not ripe for review. We reverse and remand for further proceedings.

I. Background Facts and Proceedings.

Mealy purchased the commercial property at issue from the Nas... More...
   $0 (02-05-2014 - )

Beth Ann Miller v. Mylan, Inc.

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant’s fentanyl patch caused Kelly’s death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugs” from suit. The district court determined that the fentanyl patch was a “drug” and consequently granted the defendant... More...   $0 (01-21-2014 - MI)

DONALD L. WILLIAMS, ARONELL G. WILLIAMS, AND A-TOUCH HOME HEALTH CARE, LTD. v. COMPASS BANK

By one issue, appellants Donald L. Williams, Aronell G. Williams, and A-Touch Home Health Care, Ltd. (collectively “the Williams parties”) appeal from the trial court’s granting of appellee, Compass Bank’s (“the Bank”), traditional motion for summary

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judgment. We affirm.

I. BACKGROUND1

The underlying dispute in this case involves the foreclosure of five pa... More...
   $0 (01-16-2014 - TX)

State ex rel. Oklahoma Bar Association v. Tom J. Wilcox

¶1 Thomas Joseph Wilcox (hereinafter, Wilcox), OBA No. 10153, was admitted to practice law in the State of Oklahoma on April 22, 1983. Wilcox is currently suspended re: SCBD 5775 pursuant to Rule 7.3 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. Supp. 2007 Ch. 1, App. 1-A by order of this Court in State of Oklahoma Bar Ass'n v. Wilcox, 2011 OK 70, 261 P.3d 605. There are two pend... More...   $0 (01-14-2014 - OK)

Kevan Brumfield v. Burl Cain, Warden, Louisiana State Penitentiary

The State of Louisiana appeals the district court’s imposition of a permanent injunction, enjoining the State from executing Petitioner-Appellee Kevan Brumfield. The district court granted habeas relief in favor of Brumfield, finding that he is mentally retarded1 and therefore ineligible for execution based on Atkins v. Virginia, 536 U.S. 304 (2002). For the reasons stated herein, we REVERSE the... More...   $0 (01-08-2014 - LA)

Sue Garlin v. Country Boy Markets

Plaintiff, SUE CARLIN, states:

1. Defendant is a For Profit Business Corporation registered in the State of Oklahoma, and the amount in controversy exceeds $10,000.00 exclusive of interest, costs, and attorney’s fees.

2. On or about December 8, 2011, at the Country Boy Market, located at 18450 East State Highway 9, Norman Oklahoma 73026. Defendant’s employee, acting within th... More...
   $0 (01-06-2014 - OK)

Kevin Buckner v. Milwaukee Electric Tool Corporation

In this product liability action, defendant appeals from an order granting a new trial on plaintiff’s claims of failure to warn of the dangers of the product. The order was entered on the ground of insufficiency of the evidence to support the verdict, after the jury found in favor of defendant on its sophisticated user defense (Johnson v. American Standard, Inc. (2008) 43 Cal.4th 56 (Johnson)). ... More...   $0 (12-20-2013 - CA)

State ex rel. Oklahoma Bar Association v. Stephen Eric McCormick

¶1 The Petitioner Oklahoma Bar Association (OBA) brought a disciplinary action against Stephen Eric McCormick, Respondent, under the provisions of Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2001, Ch. 1, App. 1-A. The OBA alleged McCormick committed specific acts constituting professional misconduct in violation of the Rules of Professional Conduct (ORPC), 5 O.S. Supp. 2... More...   $0 (12-17-2013 - OK)

Richard Burton v. Arkansas Secretary of State

Richard A. Burton sued his former employer, Arkansas Secretary of State Mark Martin ("Secretary of State"), in his official capacity, and the Chief of the Arkansas State Capitol Police, Darrell Hedden, in his individual and official capacity, (collectively, "state defendants") for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, e... More...   $0 (12-17-2013 - AR)

State of Oklahoma v. Jacob Carl England and Alvin Lee Watts

The State of Oklahoma charged Jacob Carl England and Alvin Lee Watts with:

Count # 1.
Count as Filed: HM11, MURDER - FIRST DEGREE , in violation of 21 O.S. 701.7
Date Of Offense: 04/06/2012

Party Name: Disposition Information:

WATTS, ALVIN LEE
Pending.

ENGLAND, JACOB CARL
Pending.

Count # 2.
Count as Filed: HM11, MURDER -... More...
   $0 (12-16-2013 - OK)

Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

We issued an opinion in this case on October 31, 2013, reversing the trial court‘s summary judgment and remanding the case. Appellees subsequently filed

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a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion.

In this attorney malpractice case, the plaintiffs ar... More...
   $0 (12-12-2013 - TX)

Archie Dixon v. Marc C. Houk

Twenty years ago, Archie Dixon and his accomplice brutally attacked Christopher Hammer and buried him alive. Dixon was convicted of aggravated murder, robbery, kidnaping, and forgery, and the state trial court sentenced him to death. He sought to vacate his conviction and sentence, asserting that his confession was obtained in violation of his Miranda rights and alleging numerous errors in his tri... More...   $0 (12-12-2013 - OH)

BLR Property, LLC v. American Custom Order Furniture, Inc. dba Norwalk Furniture aba Luxe Home Interiors and Greg Wyers

BLR Property, LLC sued American Custom Order Furniture, Inc. dba Norwalk Furniture aba Luxe Home Interiors and Greg Wyers on breach of contract theories claiming:

1. BLR Realty Corp. and Defendants American and Wyers entered into a commercial express lease contract BLR / American “Lease”, (attached as Exhibit A), August 2, 1997; such Lease was made in Tulsa County, State of Oklahoma. Pl... More...
   $0 (12-10-2013 - OK)

Gloria Strayhorn v. Wyeth Pharmaceuticals, Inc.

These seven consolidated cases are among the many that have been filed nationwide against the manufacturers of both the prescription drug Reglan and its generic equivalent, metoclopramide. The plaintiffs allege that they ingested generic metoclopramide and, as a result, developed a serious neurological disorder known as tardive dyskinesia. They filed suit against both the generic and brand-name ma... More...   $0 (12-02-2013 - )

State of Oklahoma, ex rel. Oklahoma Bar Association v. Nathaniel K. Soderstrom

¶1 This case is an attorney disciplinary proceeding against Respondent, Nathaniel K. Soderstrom, pursuant to Rule 7; (Summary Disciplinary Proceedings before the Supreme Court) 5 O.S.2001, Ch. 1, App. 1-A. The primary basis for discipline is the plea of guilty that Respondent entered in Lincoln County to the felony charge of unlawful possession of a controlled dangerous substance. On November 7, ... More...   $0 (11-26-2013 - OK)

Lawson Hampshire v. Cassidy Smith

Lawson Hampshire sued Cassidy Smith and Mariah Coulter on auto negligence theories claiming:

1. The Plaintiff was a resident of the State of Oklahoma at the time the facts occurred giving rise to this lawsuit.

2. The Defendant Cassidy Smith was a resident of the State of Oklahoma at the time the facts occurred giving rise to this lawsuit.

3. The Defendant Mariah Coulter ... More...
   $0 (11-04-2013 - OK)

Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

In this attorney malpractice case, the plaintiffs are an individual, Mark A. D‘Andrea, M.D., and various business entities of which D‘Andrea is the self-described ―de facto owner.‖ We refer to the business entities collectively as ―Gulf

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Coast.‖ The defendants, attorney Stephen R. Cochell and the law firm of Epstein, Becker, Green, Wickliff & Hall, P.C. (collectively, ... More...
   $0 (10-31-2013 - TX)

Richard Lueras v. BAC Home Loans Servicing, L.P., et al.

Richard Lueras appeals from a judgment entered after the trial court sustained without leave to amend a demurrer to his verified first amended complaint (the First Amended Complaint). After the foreclosure sale of his home, Lueras sued Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP (Bank of America), ReconTrust Company, N.A. (ReconTrust), and Federal National Mortgage A... More...   $0 (10-31-2013 - CA)

State of Indiana v. William Clyde Gibson, III

The State of Indiana charged William Clyde Gibson with first-degree capital murder in conjunction with the death of Christine Whitis, age 75, who Prosecutors claimed was murdered by Gibson as part of a perverse sexual fantasy.

Defendant is also charged with the murders of Stephanie Hodella, age 35, and Karen Hodella, age 44. Kirk's body was found buried in Gibson's backyard.

___... More...
   $0 (10-25-2013 - IN)

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