An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...   $0 (06-21-2018 - CA)

Edward Joseph Kehoe entered a conditional plea to being a felon in possession of a firearm, reserving the right to appeal the district court’s order denying his motion to suppress. Kehoe now appeals that order. For the reasons that follow, we affirm.
I.
A.
On August 2, 2016, the Newport News Police Department received two phone calls reporting a potential issue at RJ’s Sports Bar invol... More...   $0 (06-20-2018 - VA)

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

A Pennsylvania court entered a consent decree on November 17, 2015, regarding the
custody of Nathan’s two children with his former wife, Rebekah Longeway, which stated
that it was transferring the case to Pulaski County, Arkansas. Under the terms of the agreed
order, Nathan was to have the children from November 20, 2015, until November 25, 2015,
was to return the children to R... More...   $0 (06-18-2018 - AR)

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...   $0 (06-18-2018 - CA)

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...   $0 (06-14-2018 - CA)

The sudden emergency doctrine, aka the imminent peril
doctrine, shields a defendant from liability in a negligence action.
The rule is aptly restated in jury instruction CACI 452. Here we
have the rare case when the rule applies at a summary judgment
motion. The driver of a motor vehicle who lawfully has the right
of way is 1) not required to foresee “roadrage”; and 2) that car... More...   $0 (06-13-2018 - CA)

Uber Technologies, Inc. (Uber) appeals from an order denying its motion to
compel arbitration of an action brought by Ryan Smythe in his capacity as a driver for
Lyft, Inc. (Lyft). Smythe also drives for Uber. The court correctly found the action is
beyond the scope of Smythe’s arbitration agreement with Uber, so we affirm.
BACKGROUND
During the relevant period Smythe worked as... More...   $0 (06-10-2018 - CA)

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...   $0 (06-08-2018 - MA)

At approximately 7:30 a.m. on April 26, 2016, an individual called local
police about a silver van that was parked in the parking lot of her apartment
building. The individual reported she witnessed the van pull into the parking lot,
nearly striking two vehicles in the process. Officers Carl Ragar and Eddie
Thiphasouk responded to the call in two separate police vehicles. Of... More...   $0 (06-08-2018 - IA)

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...   $0 (06-08-2018 - CA)

Wasse Zafer was the sole owner and operator of Zafer Chiropractic & Sports Injuries, Inc. Zafer originally filed suit against Farmers in February 2012 in Cole County, Missouri. Some of Zafer's patients were insured by Farmers' automobile insurance policies, which provided personal injury protection coverage and/or medical payments coverage. Zafer alleged that some of those insured patients execute... More...   $0 (06-06-2018 - KS)

On September 20, 2014, after receiving a report from the dispatcher that a pickup was driving erratically on the turnpike, a trooper spotted a truck matching the description pass by him when he was on the side of the road dealing with another car stop. His patrol car's emergency lights were activated while conducting this stop. The trooper noted that the passing truck did not move all the way into... More...   $0 (06-06-2018 - KS)

Zaqoiya Smith was working alone at a Subway restaurant on November 27, 2015. Around 9 p.m., two men entered the restaurant with the hoods of their sweatshirts over their heads. While Smith prepared the order for one of them, the other man busied himself around the store, at one point fumbling through a stack of job applications. Moments later, the men came behind the counter, one of them with a gu... More...   $0 (06-06-2018 - KS)

Rick was driving northbound on 8th Street in Salina before turning eastbound onto Harsh Street at a high rate of speed. At the same time, Officers Jeremy Watkins and Andrew Meek—who were wearing their police uniforms and were engaged in their official duties—were crossing Harsh Street, approximately 75 feet away. Officers Watkins and Meek motioned and yelled for Rick's vehicle to stop or slow down... More...   $0 (06-05-2018 - KS)

Appellants Ledesma & Meyer Construction Company, Inc. and its
principals, Joseph Ledesma and Kris Meyer (collectively, L&M) contracted with
the San Bernardino Unified School District to manage a construction project at a
middle school. In 2003, L&M hired Darold Hecht as an assistant superintendent
and assigned him to the project. In 2010, Jane Doe, a 13-year-old student at the
... More...   $0 (06-05-2018 - CA)

In March of 2011, Marchbanks committed the offense of possession of a controlled
substance. While being questioned regarding the possession offense, Marchbanks signed
a Miranda waiver and was interviewed by the police. Marchbanks was later released on
bond for that offense. In May 2015, Hale was shot and killed. On July 27, 2015,
Marchbanks entered a guilty plea in the poss... More...   $0 (06-03-2018 - MO)

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...   $0 (06-02-2018 - CA)

Defendant‐appellant Floyd Rose appeals the order of the United States
District Court for the Southern District of New York (Oetken, J.) denying Rose’s
motion to withdraw his plea of guilty to one count of Hobbs Act robbery, 18
U.S.C. § 1951(a). We now consider whether forcing someone to withdraw money
from an ATM and then stealing the money has a sufficient effect on intersta... More...   $0 (06-01-2018 - CT)

On November 2, 2012, a collision occurred when the vehicle driven
by Shelley Cooley was hit from the rear by a vehicle driven by Timothy
Adgate, an employee of the City of Shreveport. Following the accident,
Cooley sought medical treatment for pain in her neck, back and right knee.
In May 2013, the plaintiff, Shelley Cooley, filed a petition for
damages against the def... More...   $0 (06-01-2018 - LA)

On November 28 and 29, 2016, appellant, Alfredo Ledezma, was tried for the
offenses of assault family violence,2 and interference with an emergency request for
assistance.3 Appellant pled not guilty and the case proceeded to a jury trial. After hearing
evidence, the jury found appellant guilty of the assault family violence offense, but not
guilty of the offense of interferen... More...   $0 (05-31-2018 - TX)

Prosecutors are “servant[s] of the law” and should “prosecute with earnestness and vigor.” Berger v. United States, 295 U.S. 78, 88 (1935). But though the prosecutor “may strike hard blows, he is not at liberty to strike foul ones.” Id.
More than fifty years ago, Brady v. Maryland, 373 U.S. 83, 87 (1963), established that a prosecutor’s suppression of material evidence favorable to the accused... More...   $0 (05-31-2018 - FL)

Deever pled guilty to interference with law enforcement, a level 8 nonperson felony, after falsely accusing Officer Rex Vickers of beating and raping her. Deever's criminal history score put her in the presumptive probation box, but the State filed a motion for an upward dispositional departure asserting Deever's conduct during the commission of the offense manifested excessive brutality toward th... More...   $0 (05-27-2018 - KS)

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of... More...   $0 (05-26-2018 - OH)

Greenville, NC - Federal Jury Convicts Man of String of Violent Convenience Store Robberies in the Triangle

John Devere Battle, 25, of Durham, was convicted in a four-day jury trial before Senior United States District Judge Malcolm J. Howard. The jury found BATTLE guilty of 12 counts including Conspiracy to commit Hobbs Act Robbery, Interference with commerce by robbery and aiding and ... More...   $0 (05-24-2018 - NC)