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Proximate Cause Law
 
State of Ohio v. Derrick Wade

In these consolidated appeals, defendant-appellant, Derrick Wade, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas following a jury trial in which he was found guilty of murder in case No. 15CR-6089. Appellant also appeals from an entry of the trial court which denied his motion to withdraw guilty plea in case No. 13CR-1788. {¶ 2} On April 1, ... More...   $0 (09-22-2018 - OH)

STATE OF OHIO vs. RAVONTE CARTER

In January 2017, Carter was charged in a four-count indictment as follows:
Count 1, aggravated murder in violation of R.C. 2903.01(A); Count 2, murder in violation
of R.C. 2903.02(B); Count 3, felonious assault in violation of R.C. 2903.11(A)(2), and
Count 4, felonious assault in violation of R.C. 2903.11(A)(1). The charges stemmed
from the shooting and death of Donovan Alexa... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. RANAU D. JOHNSON

Appellant Ranau D. Johnson appeals his convictions and sentence. Upon
review, we affirm all the convictions for aggravated arson and the sentence imposed on
Counts 3 and 4, vacate as void the conviction and sentence on Count 1 for attempted
felony murder, reverse the award of restitution, and remand the case to the trial court for a
resentencing hearing on Count 2 only and fo... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. ELDER R. MEADE

This is an appeal from Scioto County Common Pleas Court judgments that imposed
a restitution order and denied a motion to withdraw a guilty plea. Elder Meade, defendant below
and appellant herein, assigns the following errors for review:
FIRST ASSIGNMENT OF ERROR:

“THE TRIAL COURT IMPROPERLY FAILED TO ORDER A RESTITUTION HEARING AFTER THE APPELLANT QUESTIONED THE AMOUNT... More...
   $0 (09-11-2018 - OH)

Richard Dent v. National Football League Northern District of California Federal Courthouse - San Francisco Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal requires us to decide whether a variety of
state-law claims brought against the National Football
League (NFL) by former professional football players are
preempted by § 301 of the Labor Management Relations Act
(LMRA), 29 U.S.C. § 141.
The district court held that the players’ claims are
preempted and dismissed their suit. We disagree. As pled,
the players’... More...
   $0 (09-10-2018 - CA)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

William Schadhauser v. Ohio Department of Rehabilitation and Correction, William Spikes v. Ohio Department of Rehabilitation and Correction, Jared T. Ferguson v. Ohio Department of Rehabilitation and Correction

In April 2016, appellants each filed an individual complaint against ODRC asserting a negligence claim. Appellants are all inmates or prior inmates of ODRC once housed at Chillicothe Correctional Institution ("CCI"), and each of the individual appellants have been diagnosed with a medical condition known as histoplasmosis. Appellants alleged in their complaints that they contracted histoplasmosi... More...   $0 (09-08-2018 - OH)

Lisa K. Brown v. Holiday Inn Express & Suites et al.

On September 28, 2014, Brown was a guest of the Holiday Inn Express & Suites Columbus East, which P & S owns and operates. Brown took a shower and, afterwards, grabbed a towel off the rack to dry herself. While Brown was drying her face, she discovered that feces covered the towel she was using. As a result of this incident, Brown allegedly suffered physical injury and emotional distress.
... More...
   $0 (09-08-2018 - OH)

Amalia Webster v. Claremont Yoga

Plaintiff Amalia Webster appeals from a grant of summary
judgment in favor of defendants and respondents Claremont
Yoga and Kurt Bumiller. Plaintiff alleged that Bumiller had
injured her while adjusting her posture during a yoga class in
which he was the instructor. Defendants moved for summary
judgment and filed expert declarations stating that defendants
had not breached ... More...
   $0 (09-05-2018 - CA)

Lorraine Bujanda v. The State of Texas

In her sole issue, Appellant challenges the sufficiency of the evidence supporting the restitution order. Appellant does not dispute the amount of the restitution ordered by the trial court. Citing Hanna v. State, 426 S.W.3d 87 (Tex.Crim.App. 2014), she argues that the evidence is insufficient because the State failed to offer any proof that she was intoxicated at the time of the accident w... More...   $0 (09-02-2018 - TX)

River City Drywall, LLC v. Eric Hanlon and Nalinh Hanlon

The Hanlons served in the role of general contractor in the construction of their new home (the Residence) in Austin. They entered into a contract with River City to install the Residence’s drywall and to apply decorative texture to the drywall. They hired another contractor, Nicolas Guerrero, to paint the interior walls after River City finished its drywall and texture work. At some point after... More...   $0 (09-01-2018 - TX)

James L. Dean; Lois P. White, as Personal Representative of the Estate of Joseph White, deceased; Kathleen A. Gonzalez; Thomas W. Winslow; Ada Joann Taylor; Debra Sheldon

DNA evidence exonerated Joseph E. White and the five other plaintiffs of rape
and murder. They sued Gage County and the officers involved in their case. After
an appeal from summary judgment and a mistrial on remand, the district court
dismissed plaintiffs’ conspiracy claim and all claims against Gage County. The
-2-
district court denied qualified immunity to the officers. Hav... More...
   $0 (08-30-2018 - NE)

Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

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)

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)

STATE OF OHIO v. JERRY V. RAMEY, JR.

This case arises from the March 21, 2016, death of Earl Davis, Jr. Davis
was in his home located on Strand Avenue in Dayton when he was strangled to death by
Ramey. Ramey was indicted on one count of murder (proximate cause aggravated
burglary) in violation of R.C. 2903.02(B), one count of murder (proximate cause felonious
assault) in violation of R.C. 2903.02(B), one count o... More...
   $0 (08-04-2018 - OH)

Christopher Mielo and Sarah Heinzl v. Steak 'N Shake Operations, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

In this class action lawsuit, two disability rights advocates have sued Steak ’n Shake under the Americans with Disabilities Act (“ADA”). Alleging they have personally experienced difficulty ambulating in their wheelchairs through two sloped parking facilities, these Plaintiffs seek to sue on behalf of all physically disabled individuals who may have experienced similar difficulties at Steak ’n Sh... More...   $0 (08-02-2018 - PA)

STATE OF SOUTH DAKOTA v. DAVID LEONARD RANDLE, JR.,

On October 24, 2015, a group of young adults attended a party at a Sioux Falls condominium leased by Mason Mitzel. There was evidence that the partygoers were drinking and using marijuana and other illegal substances. [¶3.] At some point during the evening, an AK-47 owned by Mitzel was brought out amongst the partygoers. There was testimony that different individuals handled the AK-47. Several... More...   $0 (08-02-2018 - SD)

State of Vermont v. Lucas Dwight

Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...   $0 (08-01-2018 - VT)

State of Tennessee v. James Douglas Hamm, Jr.

In November 2014, the Sullivan County Grand Jury charged the defendant with vehicular homicide by intoxication, leaving the scene of an accident involving death, two counts of reckless endangerment, failure to exercise due care, and running a red light; the defendant was also charged with alternative counts of driving under the influence: driving under the influence of an intoxicant, driving with ... More...   $0 (08-01-2018 - TN)

STATE OF OHIO v. FRED TAYLOR, JR.

On Memorial Day 2016, Mr. Taylor was at a cookout at an apartment complex on
Nadia Court in Akron, commonly referred to as the Rosemary Apartments. There were multiple
cookouts occurring at the apartment complex that day. The cookout that Mr. Taylor attended
included the victim, Javon Knaff, and two witnesses who testified at trial, D.H.-B. and T.O.
{¶3} At some point during t... More...
   $0 (07-31-2018 - OH)

STATE OF OHIO v. LUCKIE J. DAYTON, III

In April 2015, Dayton’s children, M.R.D., M.A.D., M.D., and I.D., as
well as Dayton’s stepdaughter, P.W., were removed from Dayton’s home following
an allegation by P.W. that Jessica Dayton (“Jessica”), Dayton’s wife, was physically
abusing M.R.D. and M.A.D. At first, Dayton was permitted to visit with his children
because only Jessica was charged with endangering children. H... More...
   $0 (07-31-2018 - OH)

Marnika Lewis, et al. v. Governor of Alabama, et al. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

For a single day in February 2016, Marnika Lewis and Antoin Adams secured a pay raise. The Mayor of Birmingham, Alabama, William Bell, had just affixed his signature to Birmingham Ordinance No. 16-28, which guaranteed Lewis, Adams, and all other wage earners in the city $10.10 per hour. But the following afternoon, Alabama Governor Robert Bentley signed the Minimum Wage and Right-to-Work Act (The ... More...   $0 (07-31-2018 - AL)

Oscar Peredia v. HR Mobile Services, Inc.

This appeal addresses the circumstances under which a safety consultant retained
by a California employer owes a duty of care to the employer’s workers. California
recognizes the common law theory of negligent undertaking, which is described in
section 324A of the Restatement Second of Torts (section 324A). Our Supreme Court set
forth the five elements of a negligent undertaking ca... More...
   $0 (07-31-2018 - CA)

Mindy Armstrong v. The Arcanum Group, Inc. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mindy Armstrong was employed by The Arcanum Group, Inc., which serves as a placement agency to staff federal-government positions. She was placed with the Real Estate Leasing Services Department of the Bureau of Land Management (BLM). After she complained that BLM employees were falsifying lease-related records, the BLM
2
demanded that Arcanum remove her from the placement. Her Arcanum sup... More...
   $0 (07-30-2018 - CO)

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