Mitigation Law
 
Vance Ginn v. Kelley Pontiac-Mazda, Inc.

[1] Kelley Pontiac-Mazda, Inc., appeals from a judgment entered by the Superior Court (Penobscot County, Hjelm, J.) in favor of Vance Ginn on Ginn's complaint alleging unlawful employment discrimination in violation of the Maine Whistleblowers' Protection Act, 26 M.R.S.A. §§ 831-840 (1988 & Supp. 2003). Kelley argues that the court (1) abused its discretion by including the value of Ginn's use o... More...   $84175 (01-13-2004 - ME)

The People of the State of Illinois v. Danie Harris

Justice went to hell in Chicago, Illinois when a criminal defense lawyer unsuccessfully defended the Defendant charged in Cook County circuit court with several offenses following a
shooting at a Chicago gas station. At defendant’s bench trial, Ronald Moore testified that he
was riding in the backseat of a car driven by his younger brother, Rondell Moore. A person
identified as Marc... More...
   $0 (12-31-2003 - IL)

Andre Anthony Lewis v. Dougals Dretke, et al.

Petitioner-Appellant Andre Anthony Lewis appeals the district court's second denial of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. On appeal from the district court's first denial of Lewis's petition for habeas relief, we vacated that ruling insofar as it denied relief on Lewis's claims of ineffective assistance of counsel during the punishment phase of his murder t... More...   $0 (12-23-2003 - TX)

SANTA TERESA CITIZEN ACTION GROUP et al. v. CITY OF SAN JOSE et al.

Petitioners Great Oaks Water Company (Great Oaks) and Santa Teresa Citizen Action Group appeal from an adverse judgment on their petition for writ of mandate and complaint for declaratory and injunctive relief. Petitioners challenge a decision by respondents, City of San Jose and the City Council of the City of San Jose (collectively, City) approving the extension of an existing water recyclin... More...   $0 (12-19-2003 - CA)

Jerry Bruce Gordon v. State of Texas

Criminal Law - Felony: In Cause No. 11-02-00182-CR, appellant pleaded guilty to the offense of theft of the value of $750 or more, but less than $20,000. On May 3, 1993, the trial court deferred the adjudication of guilt, placed appellant on community supervision for 5 years, and assessed a $1,000 fine. On December 15, 1994, the State filed a motion to adjudicate guilt. On March 9, 1995, the tr... More...   $0 (11-26-2003 - TX)

Jayne Steele and Mary Steele, Successor Copersonal Representatives of the Estate of Charles E. Steele II, deceased, appellants and cross-appellees, v. Rita C. Sedlacek, Personal Representative of the Estate of Lisa M. Sedlacek, deceased, appellee and cross-appellant.

This wrongful death action is before this court for a second time. In Steele v. Sedlacek, 261 Neb. 794, 626 N.W.2d 224 (2001), modified 262 Neb. 1, 626 N.W.2d 224, we reversed the decision of the Nebraska Court of Appeals, which had affirmed the trial court's denial of a motion for directed verdict. We remanded with directions to enter a directed verdict in favor of the estate of Charles E. Steele... More...   $0 (11-21-2003 - NE)

Virginia Dovers v. Stephenson Oil Company, Inc. and William Guffey

Appellant Virginia Dovers brought an action for negligence against appellees Stephenson Oil Company and William Guffey. She alleged that she suffered damages as a result of an accident in which her car was struck from behind by a tractor-trailer rig driven by Guffey. At the time of the accident, Guffey was employed by Stephenson Oil Company. At trial, the jury returned a verdict in favor of the... More...   $0 (11-13-2003 - AR)

Charles D. Gianetti v. Norwalk Hospital, et al.

In this certified appeal, the named defendant, Norwalk Hospital (hospital),1 appeals, and the plaintiff, Charles D. Gianetti, cross appeals from the judgment of the Appellate Court, which, inter alia, reversed the judgment of the trial court awarding the plaintiff nominal damages in connection with his breach of contract claim. The primary issue is whether the Appellate Court properly de... More...   $0 (11-13-2003 - CT)

FRIENDS OF PARRETT MOUNTAIN, LARRY BRIGGS, LEANN BENNETT, and GEORGE BURNS, v. NORTHWEST NATURAL GAS COMPANY,

In these consolidated proceedings for judicial review, petitioners challenge a final order of the Energy Facility Siting Council (council) that permits Northwest Natural Gas Company (Northwest Natural) to construct an approximately 62-mile long natural gas pipeline sited primarily within Exclusive Farm Use (EFU) zones in Washington, Marion, and Clackamas counties. This court reviews final order... More...   $0 (11-06-2003 - OR)

Lloyd Edward Mollett v. Mike Mullen, Warden, Oklahoma State Penitentiary

Lloyd Edward Mollett was found guilty of first-degree murder and first-degree rape by an Oklahoma jury. At the trial's sentencing stage, the prosecution urged the jury to impose the death penalty. During the jury deliberations that followed, the jury sent the presiding judge a note asking the judge to "tell us if we find a sentence of [l]ife is the[re] any possibility of Mr. Mollett ever leavin... More...   $0 (11-05-2003 - OK)

The People of the States of Illinois v. Juan Sanchez, Jr.

Criminal Law - Felony: The trial judge realized he had no choice: he had to sentence the defendant to life in prison. The single question in this case is whether the mandatory natural life sentence violated provisions of the United States and Illinois constitutions.

Following a bench trial, defendant Juan Sanchez, Jr., was convicted of aggravated criminal sexual assault. His mandatory nat... More...   $0 (11-04-2003 - IL)

Wayne Owings and Ernestine Owings v. Mardoche Abdelhak

The Owings entered into an Earnest Money Contract to sell their mobile home park to David Reynolds ("Reynolds") in the spring of 1998. Prior to the execution of the contract, Joe informed Reynolds that the mobile home park was not located in a flood plain. The Owings also showed Reynolds a map indicating that the mobile home park was not located in the flood plain. The map was attached to the c... More...   $50000 (10-30-2003 - TX)

State of Oregon v. Jesse Stuart Fanus

This case is before the court on automatic and direct review of a judgment of conviction and sentence of death following defendant's convictions for two counts of aggravated murder involving a single victim and 11 additional felony convictions. Former ORS 163.150(1)(g) (1997), repealed by Or Laws 1999, ch 1055, § 1; (1) ORAP 12.10. On review, defendant asks this court to reverse his convictions... More...   $0 (10-23-2003 - OR)

Baylock v. Baylock

In November of 2001, Janelle Blaylock (Wife) filed suit for divorce. Daron Blaylock (Husband) acknowledged service, but he did not answer the complaint. After Husband retained counsel, the parties engaged in settlement discussions and discovery. Wife filed a demand for jury trial. Husband moved to strike the demand, relying on the fact that he did not file defensive pleadings and OCGA § 19... More...   $0 (09-19-2003 - GA)

Edward J. Nangle and Nancy H. Nangle v. Farmers Insurance Company of Arizona

Edward J. Nangle and Nancy H. Nangle appeal from a summary judgment for Farmers Insurance Company of Arizona ("Farmers"). The Nangles had filed an action against Farmers for damages. The superior court decided that the fire insurance policy Farmers had issued to the Nangles did not cover the fire loss even if there existed a disputed fact as to whether Edward set the fire that destroyed th... More...   $0 (08-15-2003 - AZ)

Paul Reed and Deborah Marino v. Barry Kagan

This case involves the dispute over a contract for the sale of a boat. Appellee Barry Kagan ("Appellee") sued Appellants Paul Reed and Deborah Marino (collectively "Appellants") when they refused to complete the purchase of the boat in accordance with the contract. Appellants asserted several affirmative defenses and counterclaims. Appellee attempted to negate those defenses and claims by filin... More...   $7500 (08-08-2003 - TX)

United Jewish Center v. Town of Brookfield, et al.

The defendant inland wetlands commission of the town of Brookfield (commission) appeals from the judgment of the trial court sustaining the appeal of the plaintiff, United Jewish Center.1 The plaintiff had sought to obtain the commission's approval for a permit to conduct regulated activities in and around wetlands on its property. The commission argues that the court improperly (1) dete... More...   $0 (07-14-2003 - CT)

Ray Gomez d/b/a Ray's Automotive v. Mattie L. Moore

This appeal arose out of alleged defective repairs to Appellee Mattie L. Moore's ("Mrs. Moore") 1934 Chevrolet Coupe automobile (also referred to as a 1931 model) by Appellant Ray Gomez d/b/a Ray's Automotive ("Gomez"). The trial court awarded Mrs. Moore actual damages in the sum of $11,685, attorney's fees of $2,125, pre-judgment interest and costs. We modify the damage recovery, and as modifi... More...   $11685 (06-13-2003 - TX)

Curtis D. Bennett v. Emerson Electric Company

Plaintiff Curtis Bennett filed suit against his former employer, defendant Emerson Electric Company, alleging various federal and state claims, including breach of implied contract of employment. Bennett prevailed on his breach of contract claim at trial, and the district court subsequently denied Emerson's post-trial motion for judgment as a matter of law, for new trial, or for remittitur. Eme... More...   $679667 (05-19-2003 - KS)

Jeanne Savona v. Di Giorgio Corporation

Jeanne Savona was hired by Di Giorgio in July 1998 as a routing clerk. The hiring paperwork, including the job application form and the Employee Handbook, bore unmistakable evidence in plain and simple English that Savona was an "at will" employee; that the Handbook was not a contract of employment; that employees were subject, without limitation, to disciplinary action up to and including ter... More...   $0 (05-06-2003 - NJ)

Alma Bicknese, M.D. v. Thomas B. Sutula and the Board of Regents of the University of Wisconsin System

Alma Bicknese (Bicknese) alleges that Thomas Sutula (Sutula), who was chair of the Neurology Department at the University of Wisconsin-Madison, offered her a position as an assistant professor and that she relied upon this offer in turning down a comparable job offer from the University of New York-Buffalo. Bicknese seeks review of an unpublished decision of the court of appeals, which dismisse... More...   $375000 (05-02-2003 - WI)

Environmental Protection Agency v. Wisconsin Electric Power Company

The Department of Justice and the Environmental Protection Agency today announced a $600 million Clean Air Act settlement with Wisconsin Electric Power Company (WEPCO), also known as We Energies. The settlement resolves the federal government's claims that Wisconsin Electric violated the New Source Review (NSR) provisions of the Clean Air Act at several of its plants by undertaking major modificat... More...   $600000000 (04-29-2003 - WI)

Swire Pacific Holdings, Inc. v. Zurich Insurance Company

Swire Pacific Holdings ("Swire") is the owner and developer of a high-rise condominium building in Miami, Florida, while Zurich American Insurance Company ("Zurich") is the successor in interest to Zurich Insurance Company. See Swire Pacific Holdings, Inc. v. Zurich Ins. Co., 284 F.3d 1228, 1229 (11th Cir. 2002). The Court of Appeals for the Eleventh Circuit, in its opinion certifying three ... More...   $0 (04-10-2003 - FL)

Nancy Lee v. Los Angeles County, California

The issue in this action for inverse condemnation and damage to property is when plaintiff's claims accrued. The trial court sustained the defendant's demurrer and dismissed the action based on its conclusion that the action is barred by the statute of limitations and the California Tort Claims Act (Gov. Code, § 900 et seq., "Tort Claims Act").

We conclude the trial court erred. In an ac... More...   $0 (04-04-2003 - CA)

David Minshall v. McGraw Hill Broadcasting Company, Inc., doing business as KMGH, Channel 7

McGraw-Hill does business as KMGH-TV ("KMGH") in Denver, Colorado. Minshall worked as an on-air investigative reporter with KMGH from 1980 until KMGH decided not to renew his contract on March 10, 1997. At the time KMGH decided not to renew his contract, Minshall was over 50 years old.

At trial, evidence was introduced that in 1995, Minshall violated an agreement to protect the anonymity... More...   $349862 (03-28-2003 - CO)

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