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Comparative Fault Law
 
Vastie Shakira Coleman v. The State of Texas

Coleman beat her four-year-old son to death with an electric cord. She
pleaded guilty to the charge of serious bodily injury to a child.
The trial court held a sentencing hearing, at which the State introduced
Coleman’s pre-sentence investigation (PSI) report. The PSI report recounts the
following.
Around 6:00 p.m. on July 15, 2012, emergency medical services were
dis... More...
   $0 (07-16-2018 - TX)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass... More...   $0 (07-16-2018 - OR)

UNITED STATES OF AMERICA - v - EDWIN HERNANDEZ, AKA Scooby, AKA Masacre

The present prosecution arises out of shootings on October 23, 2011, in 3 Central Islip, New York, in which Robert Faber and Curtis Williams were injured. 4 The operative indictment charged Hernandez in six counts, three with respect to each 5 victim. Counts Four and Five alleged that Hernandez, for the purpose of gaining 6 entrance to, and maintaining or increasing his position in, MS-13, atte... More...   $0 (07-15-2018 - NY)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

STATE OF OHIO v. DAVONTE S. BRACY

On July 18, 2016, four-year old M.E. suffered second degree burns from being
exposed to hot water in a bathtub. In August 2016, in relation to the foregoing incident, Bracy,
who was M.E.’s mother’s boyfriend and who was home with M.E. at the time of the incident,
was indicted on two counts of endangering children, one in violation of R.C. 2919.22(B)(1), and
one in violation o... More...
   $0 (07-13-2018 - OH)

CITY OF TAUNTON, MASSACHUSETTS v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529 .

It is useful to begin with an overview of the legal
landscape that is relevant to this appeal. The Clean Water Act
(CWA) prohibits the "discharge of any pollutant" unless that
discharge complies with NPDES permit requirements. 33 U.S.C.
§§ 1311(a), 1342. The EPA is responsible for issuing NPDES
permits unless a state agency is authorized to do so. Id.
§ 1342(a)-(c... More...
   $0 (07-10-2018 - MA)

ROGER LEE JACKSON a/k/a ROGER JACKSON a/k/a ROGER L. JACKSON v. STATE OF MISSISSIPPI

In the early morning hours on November 11, 2014, two men were shot near Roach
Street in Jackson, Mississippi. One of the victims, Quincy McGowan, died. His body was
discovered in a nearby vacant lot by a passerby shortly after noon on November 11. Police
found ten 9 mm shell casings near the body, and a 9 mm projectile was recovered from
McGowan’s body during autopsy.
¶3. T... More...
   $0 (07-09-2018 - MS)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Manmett S. Padda v. The Superior Court of Riverside County, GI Excellence, Inc., Real Parties in Interest

In this matter, we have reviewed the petition, its exhibits, and the letter response
filed by real parties in interest (hereafter real parties). We have determined that
resolution of the matter involves the application of settled principles of law, and that the
equities favor petitioners. We conclude that issuance of a peremptory writ in the first
instance is therefore appropriate.... More...
   $0 (07-09-2018 - CA)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

Jose Mario Trevino v. The State of Texas

At trial, Trevino’s granddaughter “Child A”1 testified that under a custody arrangement,
she and her brother stayed at her maternal grandparents’ home every two weeks so that they could
visit their mother. According to Child A, during these visits, she and her much younger half-sister
slept in the same bed as her maternal grandfather, Trevino—with Child A sleeping in the middle
... More...
   $0 (07-07-2018 - TX)

STEPHEN DOUGLAS WHITE v. STATE OF KANSAS

White pleaded no contest to a charge of rape of a child under age 14. In exchange for his plea, the State dismissed two additional counts of the same charge. The State agreed to a departure sentence from a hard 25 life sentence to a sentence for a specified term of months, as defined in an agreed-upon sentencing guidelines grid box. The State's agreement was contingent on White presenting, and the... More...   $0 (07-06-2018 - KS)

STATE OF MONTANA v. SLADE ALLEN CLAWSON

On May 5, 2014, Clawson was charged in DC 14-239 with one felony and three
misdemeanor offenses. He pled not guilty on May 15, 2014, and was ultimately released
on bond on August 27, 2014. He subsequently failed to report to a court-ordered Sobriety
and Accountability Program resulting in revocation of his bond and issuance of a warrant
for his arrest. He was re-arrested Se... More...
   $0 (07-06-2018 - MT)

Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining... More...   $0 (07-05-2018 - OR)

State of Tennessee v. Darrell Wayne Smith

A Roane County Grand Jury indicted the defendantfordriving under the influence and violation of the financial responsibility law as a result of a car accident. The defendant was charged based on his interactions with the state trooper at the scene and the results of ablood test indicatingnarcotics levelssufficient to cause impairment.

At the outset of the defendant’s trial, the trial cou... More...
   $0 (07-05-2018 - TN)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

Edward Joseph Osuna v. The State of Texas

The jury heard evidence that Amy Mikulec and her fiancé, Luke Carrell, lived in a
mobile home owned by Amy’s parents, Jennifer and Danny Mikulec, on fenced-off property also
owned by Jennifer and Danny. In September of 2014, Amy and Luke were in the process of moving
out but still had most of their clothing and property in the mobile home. During that time, a neighbor
who lived a... More...
   $0 (07-03-2018 - TX)

STATE OF KANSAS v. DUSTIN D. WALKER

In the early morning hours of March 8, 2014, Michael Roberts awoke to banging on the front door of the apartment where he lived with his grandmother, Marilyn Howard; his father, Patrick Roberts; and his uncle, Wayne Roberts. Michael thought someone was kicking the door. As Michael got up, the front door swung open and two men entered the apartment—one in black clothing and one in light gray clothi... More...   $0 (07-02-2018 - KS)

In re the Marriage of William amd Diane Binette. William Binette, v. William Binette

APPEAL from the Superior Court of Riverside County. James T. Warren, Judge.
(Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art.
VI, § 6 of the Cal. Const.) Affirmed.
Westover Law Group, Andrew L. Westover and Morgan Cahill-Marsland for
Appellant.
Julie M. Clark for Respondent.
In this family law matter between William Binette (husband) ... More...
   $0 (07-02-2018 - CA)

STATE OF OHIO vs. WILLIAM ANTONIO SMITH

In the early evening of October 1, 2015, Smith left the Colerain
apartment of his girlfriend, Kirby Wynn. He traveled to the Evanston neighborhood
of Cincinnati. He visited Jackson at his apartment located at 3306 Fairfield Avenue.
Owens often shared Jackson’s apartment. Later that evening, Jackson’s daughter
entered the apartment and found Owens’ clothed, lifeless body lyin... More...
   $0 (07-01-2018 - OH)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.

.Z.’s Testimony
There are no pretrial motions in the record. Trial began with the test... More...
   $0 (06-28-2018 - NE)

James M. Meese v. State of Tennessee

The Petitioner’s guilty pleas were the result of different offenses committed between June 2012 and November 2014. According to the prosecutor’s recitation of facts at the plea colloquy, on July 18, 2012, the sister of fifteen-year-old Victim 1 discovered Victim 1 and the twenty-six-year-old Petitioner, both shirtless, in a bed together. Victim 1 disclosed that she and the Petitioner had sexual ... More...   $0 (06-27-2018 - TN)

Nick Pearson, et al. v. Target Corporation, NBTY, Inc. and Rexall Sundown, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Inequitable settlements are an unfortu-nate recurring bug in our system of class litigation. Federal Rule of Civil Procedure 23(e) is designed to minimize such
2 No. 17-2275
problems, but appeals by class members who object to a set-tlement indicate that the system still needs improvement. All too often, class counsel negotiate a settlement with substantial attorneys’ fees but meager benef... More...
   $0 (06-27-2018 - IL)

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