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Comparative Fault Law
 
STATE OF KANSAS v. COREY L. JACKSON Rape of a 14-year-old girl MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

Based on seven fact stipulations with the State, the court convicted Corey L. Jackson of the rape of a 14-year-old girl. He asks us to overturn his conviction because he did not receive a speedy trial. More than 600 days elapsed between his arraignment and his trial. The record reveals that most of the delay was a result of him trying to secure a second DNA test for his defense. Jackson has not co... More...   $0 (05-27-2018 - KS)

Ceil Walker Norris v. MK Holdings, Inc. d/b/a Reion's Morgan Keegan Trust Company Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Ceil Walker Norris, individually and in her
role as a trustee of several family trusts, and on behalf of her business, Walker & Associates,
Inc., (individually and collectively “Walker”) initiated this action against MK Holding, Inc.
(“MK Holding”) and Regions Financial Corporation (“Regions FC”), alleging that they breached
their duties as trustees of the various family trusts by ... More...
   $0 (05-26-2018 - TN)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

STATE OF OHIO vs. DOUGLAS C. SHINE, JR.

Appellant Douglas C. Shine, Jr. (“appellant”) appeals from his convictions for
multiple counts of aggravated murder, murder, felonious assault, and other offenses in
connection with four shootings. Appellant assigns 21 errors for our review.1 Having reviewed
the record and pertinent law, we affirm the decision of the trial court. The apposite facts follow.
{¶2} Following a s... More...
   $0 (05-21-2018 - OH)

STATE OF Ohio v. DWAYNE D. COLEMAN COURT OF APPEALS OF OHIO

Dwayne D. Coleman appeals from a judgment of the Dayton Municipal Court,
which found him guilty of assault, a misdemeanor. The trial court sentenced him to 180
days in jail; he received jail time credit of 12 days, and the balance of the sentence was
suspended. The court placed him on non-reporting community control and ordered him
not to return to the store where the inciden... More...
   $0 (05-20-2018 - OH)

THE STATE OF OHIO v. MYERS

The case was tried to a jury. Much of the account of what happened came from Myers’s friend and codefendant Timothy Mosley. According to Mosley, he and Myers began to concoct their scheme on January 27, 2014. That morning, Myers, who had just slept through the start of a new job, woke up Mosley
and asked him if he “wanted to make some money.” When Mosley said he did, Myers suggested that ... More...
   $0 (05-20-2018 - OH)

Lorenzo Emanuel v. The State of Texas

Around 5:00 a.m. on February 28, 2016, an inmate-related disturbance in
the Denton County Jail’s Special Housing Unit delayed distribution of the
inmates’ breakfast trays.2 When inmate Emanuel eventually received his tray, he
complained that his breakfast was cold and requested a “Johnny Sack”—an
alternative inmate meal that is served in a brown paper bag, usually containing a ... More...
   $0 (05-15-2018 - TX)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

JUSTIN CORDERO MILLAN v. STATE OF FLORIDA

In case number 2008-CF-8067, Millan pled to one count of lewd and lascivious
battery. Pursuant to his plea agreement, Millan was placed on sex offender probation for
six years as a Youthful Offender. He was later charged with violating his probation by
committing new law violations (several lewd and lascivious batteries). After an evidentiary
hearing, the trial court found t... More...
   $0 (05-15-2018 - FL)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Daniel Davila Martinez v. The State of Texas Daniel Davila Martinez - Registered Sex Offender

In his first three issues, Martinez contends that the trial court abused its discretion
by admitting the testimony of former Child Protective Services investigator Valerie Perez,
Martinez v. State Page 2

Child Safe forensic interviewer Andrea Aguirre, and child-abuse pediatrician Jennifer
Clarke, M.D., as outcry witnesses. With regard to these witnesses, Martinez argues ... More...
   $0 (05-11-2018 - TX)

Lenworth Bailey v. Rocky Mountain Holdings, LLC, Air Methods Corporation United States District Court for the Southern District of Florida - Miami, Florida

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that encompass... More...
   $0 (05-09-2018 - FL)

State of Tennessee v. Andrew Young Johnson Tennessee Court of Criminal Appeals

In 1998, a Sullivan County Criminal Court jury convicted the petitioner of one count of attempted first degree murder and one count of felony reckless endangerment. This court affirmed the convictions and accompanying 25-year sentence on direct appeal. State v. Andrew Young Johnson, No. E1999-00002-CCA-R3-CD, (Tenn. Crim. App., Knoxville, Apr. 18, 2000). The crimes in this case came on the tail... More...   $0 (05-09-2018 - TN)

Randy Tindell v. Linda Murphy

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose... More...
   $0 (05-08-2018 - CA)

STATE OF KANSAS v. TAYLOR ARNETT

After granting a petition for review in this case, the Kansas Supreme Court held that restitution may be ordered against a defendant in a criminal case if the loss to the victim was proximately caused by the crime of conviction. State v. Arnett, 307 Kan. 648, Syl. ¶ 7, 413 P.3d 787 (2018). The court reversed this panel's decision that the State failed to show a sufficient causal connection for res... More...   $0 (05-07-2018 - KS)

Christopher Roberts, et al. v. Federal Housing Finance Agency, et al. Northern District of Illinois Courthouse - Chicago, Illinois

At the height of the 2008 financial crisis,
Congress created the Federal Housing Finance Agency
(the Agency) and authorized it to place into conservatorship
two critical government‐sponsored enterprises—the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation, commonly known as Fannie Mae and
2 No. 17‐1880
Freddie Mac. 12 U.S.... More...
   $0 (05-07-2018 - IL)

The State of Texas v. Primo Tarin

The record reflects that on September 24, 2015, Primo Tarin was charged by information
with the misdemeanor offenses of driving while intoxicated and obstructing a highway. On
September 29, 2015, Tarin filed a Motion for Discovery, Production, and Inspection of Evidence.
On June 10, 2016, the trial court granted Tarin’s motion in part, but denied his request for
information rel... More...
   $0 (05-06-2018 - TX)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

TYMOTHY RAY MARTIN vs STATE OF FLORIDA

One evening in February of 2016, Mr. Martin and his girlfriend, Kathryn Lawson, went out for a night on the town that ended in an altercation in a McDonald's parking lot over who should drive to their next destination. According to Ms. Lawson, Mr. Martin punched her twice in the face after she refused to get into the vehicle. According to Mr. Martin, it was he who refused to get in the car, whic... More...   $0 (05-04-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

STATE OF OHIO - vs – DAWN RACHEL SHEARER

On the evening of February 6, 2017, Shearer was arrested for the murder of
Butler Tony and transported to the Butler County Jail. Once there, Shearer confessed to
detectives to shooting Tony in the head. Two days later, on February 8, 2017, Shearer
appeared at her arraignment and entered a plea of not guilty. Thereafter, on March 3, 2017,
a preliminary hearing was held befo... More...
   $0 (05-04-2018 - OH)

State of Missouri v. Travis W. Williams

In November 1996, Williams, then 26 years old, pleaded guilty to first-degree
statutory sodomy for inserting his thumb in a minor child’s vagina. He was sentenced to
five years in prison but, after completing a 120-day program in a sex offender assessment
unit, execution of his sentence was suspended and he was placed on probation for five
... More...
   $0 (05-03-2018 - MO)

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