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Mitigation of Damages Law
 
John Brotherston v. Putnam Investments, LLC

Plaintiffs John Brotherston and
Joan Glancy are two former employees of Putnam Investments, LLC
who participated in Putnam's defined-contribution 401(k)
retirement plan (the "Plan"). They brought this lawsuit on behalf
of a now-certified class of other participants in the Plan, and on
behalf of the Plan itself pursuant to the civil enforcement
provision of the Employee Reti... More...
   $0 (10-22-2018 - MA)

Jason A. Brown v. State of Iowa



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Jason Brown appeals from the summary adjudication of his second
application for postconvicti... More...
   $0 (10-21-2018 - IA)

Michael E. Barri v. The Workers' Compensation Appeals Board

Michael E. Barri (Barri), Tristar Medical Group (Tristar), and Coalition for
Sensible Workers’ Compensation Reform (CSWCR) petitioned this court pursuant to
Labor Code section 5955 (all further statutory references are to the Labor Code, unless
otherwise indicated). They seek a peremptory or alternative writ of mandate, prohibition,
or other appropriate relief directing the Workers... More...
   $0 (10-21-2018 - CA)

MATTHEW M. WALKER VERSUS THE MANITOWOC COMPANY, INC., ET AL. CONSOLIDATED WITH JIM LEE HANKINS VERSUS THE MANITOWOC COMPANY, INC., ET AL.





At the time of the accident, Plaintiffs were employed as riggers for
BWW. BWW and Morris Material, Inc., entered into a contract for BWW to
fabricate and assemble a port gantry crane, which is a large tower crane with a steel
su... More...
   $0 (10-20-2018 - LA)

United States of America v. Terry J. Albury




St. Paul, MN - Former FBI Agent Sentenced for Leaking Classified Information

Terry J. Albury, 39, a former Special Agent of the FBI, was sentenced to 48 months in the District of Minnesota in connection with his unauthorized disclosure and retention of classified national de... More...
   $0 (10-19-2018 - MN)

E.V. v. Eugene H. Robinson, Jr.




We must decide whether the doctrine of federal sovereign immunity bars this suit for injunctive relief against Lieutenant Colonel Eugene H. Robinson, Jr., (“Judge Robinson”) in his official capacity as a military ju... More...
   $0 (10-19-2018 - CA)

Orange Catholic Foundation v. Rose Marie Arvizu

Probate Code section 16440, subdivision (b) (16440(b)) provides that if a
“trustee has acted reasonably and in good faith under the circumstances as known to the
trustee,” a court has discretion to excuse him or her from liability for a breach of trust if it
would be equitable to do so.
1
(Italics added.) Acting under this express authority, the
trial court denied a petiti... More...
   $0 (10-19-2018 - CA)

Vickie Bell v. Pulmosan Safety Equipment Corporation





Pulmosan Safety Equipment Corporation (“Pulmosan”) appeals the district
court’s grant of default judgment, arguing that it was never properly served. We agree
and rev... More...
   $0 (10-18-2018 - )

Teamsters Union v. Warner Chilcott Limited





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   $0 (10-17-2018 - MA)

State of Vermont v. Michael W. Tobin





In October 2015, the State charged defendant with aggravated sexual assault in
violation of 13 V.S.A. § 3253(a)(8) based on allegations... More...
   $0 (10-17-2018 - VT)

Jackpot Harvesting Company, Inc. v. The Superior Court of Monterey County, Jose Roberto Lainez

Labor Code section 226.2,1 which became effective January 1, 2016, addresses the
manner in which piece-rate employees are to be compensated for rest and recovery
periods and other nonproductive time on the job (collectively, rest/NP time).
Subdivision (b) of the statute (hereafter section 226.2(b)) provides a safe harbor for an
employer that, prior to 2016, failed to properly compe... More...
   $0 (10-16-2018 - CA)

STATE OF OHIO - vs - DOUGLAS C. GEARHART





The Warren County Grand Jury returned a multi-count indictment charging
Gearhart with one count of felonious assault and two counts of domestic violence.
Warren CA2017-12-168

- 2 -
According to the bill of partic... More...
   $0 (10-15-2018 - OH)

STATE OF OHIO vs. ALONZO PATTERSON





As this case was resolved by a plea agreement, our summary of the
underlying facts are limited to what was placed on the record at sentencing. On May 19,
2016, Patterson shot and killed 19-year-old Diamond Russell. Patterson ha... More...
   $0 (10-15-2018 - OH)

Harvey Lee Funches v. Progressive Tractor and Implement Company, L.L.C.





Harvey Lee Funches lost his left arm when his vehicle collided with a piece of farm equipment being towed by a pickup truck as the two passed one another on a Mississippi road. The only live dispute left in this case is Funches’s suit against Progressive Tractor and Implement Company,... More...
   $0 (10-15-2018 - MS)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

Sonia Bautista v. The State of Texas





Jose Castanon was murdered on May 17, 2013. Castanon was ... More...
   $0 (10-12-2018 - TX)

Dee Soli v. Robert Hadfield

Boston, MA - Dee Soli sued Robert Hadfield on a personal injury negligence theory.




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   $0 (10-11-2018 - MA)

Dr. David S. Muransky v. Godiva Chocolatier, Inc.




This appeal was brought to contest the approval of a class-action settlement. Dr. David Muransky filed a class action against Godiva Chocolatier, Inc. for violating the Fair and Accurate Credit Transactions Act (“FACTA”). Appe... More...
   $0 (10-11-2018 - )

Danae Marshall v. Christopher Lee Harrison and Schwan's Home Service, Inc.

Knoxville, TN - Danae Marshall sued Christopher Lee Harrison and Schwan's Home Service, Inc. on auto negligence and respondeat superior.




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   $0 (10-10-2018 - TN)

MILES STERLING BENCH v. THE STATE OF OKLAHOMA











Appellant began working at the Teepee Totem convenience store in the town of Velma, Stephens Co... More...
   $0 (10-10-2018 - OK)

In the Interests of B.A.D. and B.A.D., Minor Children

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The children, a boy born in 2009 and a girl born in 2010, both have the initials B.A.D. For ease of reference, we refer to the boy as B.A.D. and... More...
   $0 (10-10-2018 - KS)

STECKLINE COMMUNICATIONS, INC. v. JOURNAL BROADCAST GROUP OF KANSAS, INC.

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This is a summary judgment case involving a contract dispute between two companies in the radio broadcasting industry: the plaintiff, Steckline... More...
   $0 (10-09-2018 - KS)

KEITH LUMRY v. STATE OF KANSAS, KANSAS BUREAU OF INVESTIGATION, and ROBERT BLECHA










_

The facts here have already been summarized in both the prior Court of Appeals decision, Lumry v. State, 49 Kan. App. 2d 27... More...
   $0 (10-09-2018 - KS)

STATE OF KANSAS v. JENNIFER S. GUERRERO












Guerrero worked at the Lawrence, Kansas, Chick-fil-A restaurant owned by Denise Martinek. Elizabeth McCollom was... More...
   $0 (10-09-2018 - KS)

STATE OF KANSAS v. LAWSON J. WEEKES III












Pursuant to a nolo contendere plea, the district court found Weekes guilty of unlawful possession of hydrocodone... More...
   $0 (10-09-2018 - KS)

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