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Common Carrier Law
 
STATE OF MISSOURI v. DENNIS JUDSON MATTHEWS

At the time of the underlying conduct, Matthews and Rebecca Matthews1 lived in Richmond with their four children. Their oldest daughter, Karen,2 was four years old at the time; daughter Sara was two years old; and their son Leon was one year old. In addition to their three infants, Matthews and Rebecca had a threeweek-old newborn, daughter Alice. On the morning of August 18, 2012, Matthews was h... More...   $0 (04-22-2018 - )

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

STATE OF KANSAS v. TRAVIS P. ODOM Rape and aggravated indecent liberties with a child

Though Odom's brief provides a limited sketch of the underlying facts, the circumstances prompting the State to charge Odom with four counts of rape and one count of aggravated indecent liberties with a child are immaterial for purposes of resolving Odom's issues on appeal. This court need only to address the procedural history of the case to provide a background for the legal challenges Odom rais... More...   $0 (04-21-2018 - KS)

CITY OF LEAWOOD v. JENNI J. LEE

On February 3, 2015, the City of Leawood charged Lee with first-offense DUI and preliminary screening refusal. Lee was convicted as charged following a bench trial in the Leawood Municipal Court. She subsequently appealed to the Johnson County District Court. Lee filed a motion to suppress, alleging that law enforcement lacked reasonable suspicion to stop and detain her. The district court held a ... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

Neal Everett Bland v. The State of Texas

On the morning of December 21, 2012, Godwin Mathew picked up Joshua
Woods so they could go to Willowbrook Mall and purchase several pairs of limited
release Air Jordan Retro 11 shoes. After they made their purchases and were exiting
the mall, a young man approached them and asked to buy one of their pairs of shoes.
Mathew quoted a price but the man declined to buy them. When... More...
   $0 (04-18-2018 - TX)

STATE OF KANSAS v. SANDRA S. WILLIAMS

On October 21, 2016, the State filed a complaint charging Williams with one count of identity theft, one count of theft, and one count of criminal use of a financial card. During the first day of the preliminary hearing on the charges, Nathan Marah testified that he had been the general manager of a Steak & Shake restaurant in Johnson County since August 2016. On September 15, 2016, he received a ... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. EARNEST LEE TAYLOR

Taylor pled guilty to aggravated assault and possession of methamphetamine. He entered into a plea agreement with the State providing in part:

"In return for Defendant's successful plea of Guilty as set forth in paragraph 1 the State will dismiss Counts 2, 4 and 5, and the following recommendations will be made: "a. The parties agree to recommend the middle number in the applicable KSGA... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRANDON R. WILLIAMS

On the morning of December 12, 2015, Jordan Ray left his residence in Wichita to go to work. At about 11 a.m., Ray received a phone call from Williams. Williams and Ray had known each other for about 10 years. Although Williams and Ray were not friends, Williams had visited Ray's residence on multiple occasions to play video games. Ray returned Williams' call and Williams said he had left a shirt ... More...   $0 (04-18-2018 - KS)

CHRISTOPHER L. WAISNER v. STATE OF KANSAS

In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:

"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TRACIE M. LEE ,

This sanction arose when the State sought to revoke Lee's probation. According to her supervising officer, Lee did not report to her within 24 hours after her release from jail as required by the terms of her probation. In response, Lee contends that she had simply spent some time in jail and had not changed her address as the court decided. In other words, she had not violated her probation. In o... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

SEDRIC SUTTON a/k/a CEDRIC SUTTON a/k/a SEDRIC QUINTORUS SUTTON v. STATE OF MISSISSIPPI

The petitioner, John Michael Howell, appeals the portion of the Circuit Court of Wetzel County’s May 12, 2016, “Amended Entry of a Plea and Sentencing Order Amended” [sic] specifying that he will be eligible for parole consideration after serving a minimum of fifteen years in prison. He argues that pursuant to statute, he should be eligible for parole after ten years of incarceration. The State of... More...   $0 (04-16-2018 - MS)

VIRGINIA ANN HYATT V. STATE OF ARKANSAS

Virginia and her husband, James Hyatt (“James”), met Patricia and her husband, Ray
Wheelington,2 at the Guys & Dolls Club (the “Club”) in Texarkana, where Patricia and
Ray taught square dancing. Virginia and James attended dances and lessons at the Club. In
2009, James and Patricia began having an affair.
James, along with several members of the Club—Eddy “Reese” Baker, Harvey... More...
   $0 (04-15-2018 - AR)

ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES Arkansas Supreme Court

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees... More...
   $0 (04-15-2018 - AR)

STATE OF KANSAS v. JONATHAN PAUL JOHNSON

In April 2015, the State initially charged Johnson with four counts of harassment by telephone based on voice messages and emails sent to his father in February and March of 2015. In July 2015, the State filed an amended complaint, amending the charges to misdemeanor stalking and adding two counts of felony criminal threat and one count of felony stalking. These charges were the result of Jonathan... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. PATRICK A. MEEKS

Patrick Meeks pleaded guilty to one count of felony theft over $1,000 but less than $24,999 for the theft of a vehicle belonging to Monica and Christopher Taylor. Meeks borrowed the vehicle with permission but never returned it. He asserted that the vehicle was stolen from him and never recovered.

At the time the vehicle was stolen, its fair market value was $13,856.21, but there was a... More...
   $0 (04-14-2018 - KS)

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

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