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Compensatory Damage Law
 
McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Juan Aguilar vs. The State of Florida

On Sunday, December 9, 2007, at approximately 3:00 a.m., a three-car
accident occurred in the four westbound lanes of State Road 836 near the 27th
Avenue exit. At approximately 3:11 a.m., Florida Highway Patrol Trooper
Bobadilla (“Trooper Bobadilla”) received a dispatch regarding this accident.
When he arrived at the scene, Miami Dade Expressway Authority (“MDX”) Road
Ra... More...
   $0 (01-18-2018 - FL)

State of Tennessee v. Brandon Christopher Scott Third person pleads guilty in shooting of boy

In May 2015, the Davidson County Grand Jury indicted the Defendant on three counts each of attempted first degree murder, employment of a firearm during the
commission of a dangerous felony (with a previous dangerous felony conviction), and reckless endangerment. See Tenn. Code Ann. §§ 39-11-106, -12-101, -13-103, -13-202, 17-1324. The Defendant was charged along with three co-defendants—Ja... More...
   $0 (01-18-2018 - TN)

United States of America v. John Kelsey Gammell District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - New Mexico Man Pleads Guilty To Directing Computer Attacks Against Websites Of Dozens Of Victims, As Well As Felon-In-Possession Charges

A New Mexico man pleaded guilty today in St. Paul, Minnesota, for directing computer attacks against the websites of his prior employers, business competitors and public services, as well as felon-in-possession charges.

U.S. A... More...
   $0 (01-18-2018 - MN)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

David E. Miller v. Tony Mays, Warden Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

David Miller was convicted and sentenced to
death for the 1981 murder of Lee Standifer. His sentence was upheld by the Tennessee Supreme
Court and we affirmed the dismissal of his § 2254 habeas petition. Seeking to revisit his
ineffective-assistance-of-trial-counsel (IATC) claim in light of Martinez v. Ryan, 566 U.S. 1
(2012), and Trevino v. Thaler, 569 U.S. 413 (2013), Miller now ... More...
   $0 (01-16-2018 - TN)

Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - CA)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

United States of America v. James Woodring Middle District of Pennsylvania - Williamsport, Pennsylvania

Williamsport, PA - Centre Hall Man Sentenced To 33 Months’ Imprisonment For Explosives And Firearms Offenses

James Woodring, age 51, Centre Hall, Pennsylvania, was sengenced to 33 months’ imprisonment and three years of supervised release, for manufacturing explosives and for being a felon in possession of firearms.

According to United States Attorney David J. Freed, James Woodri... More...
   $0 (01-14-2018 - PA)

State of Indiana v. Scottie Kincade Warren County Courthouse - Williamsport, Indiana

Williamsport, IN - Jury Finds Defendant Guilty of Murder

The State of Indiana charged Scottie Kincaide, age 34, with murder and arson in conjunction with the death of Hearth Smith, age 31, on September 27, 2016. See: 35-42-1-1(1): Murder, 35-42-1-1(2): Murder, 35-43-1-1(a)(1)/F4: Arson knowingly damage by fire, etc. the dwelling of another w/o consent.

The defendant and the victi... More...
   $0 (01-14-2018 - IN)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

STATE OF IOWA vs. JUAN CARLOS NINO HERNANDEZ K-9 OK after after drunken man rams parked squad car, police say

Des Moines Police Sergeant Ronald Kouski had just stepped into QuikTrip
for a hot dog when he “heard a loud screeching noise and then a loud collision.”
Kouski worked as a canine officer and his German Shepard partner was waiting in
the 2009 Crown Victoria. The officer looked out the store’s front window and
discovered a red pickup had struck his patrol car, pushing it across... More...
   $0 (01-12-2018 - IA)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

ABM Industries Overtime Cases

Respondent ABM Industries, Inc. (collectively with related respondents, ABM) is
a large facility services company with employees throughout the United States, including
thousands of janitorial workers at hundreds of job sites in California. Appellants
(referred to herein as plaintiffs) are present or former ABM janitorial employees. On
behalf of themselves and similarly situated Ca... More...
   $0 (01-10-2018 - CA)

UNITED STATES OF AMERICA - v. - JASON SMATHERS United States Court of Appeals for the Second Circuit

The record of Smathers's prosecution, United States v. Smathers, S.D.N.Y. No.2
04CR1273, shows the following. In 2005, Smathers, represented by counsel, pleaded guilty to3
conspiring from about April 2003 through about April 2004, in violation of 18 U.S.C. § 371, to affect4
interstate commerce by relaying and retransmitting deceptive emails in violation of the CAN-SPAM5
Act, 18 U.... More...
   $0 (01-10-2018 - )

State of Tennessee v. Curtis Johnson, Jr. Tennessee Court of Criminal Appeals

On November 2, 2015, a Madison County Grand Jury returned an eleven-count indictment against the Defendant for three counts of aggravated robbery, one count of especially aggravated kidnapping, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. The Defendant was also indicted for five counts of violating the gang enhancement statute... More...   $0 (01-10-2018 - TN)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC COURT OF APPEALS OF THE STATE OF NEW MEXICO

William “Mack” Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Lamarr Rondell Coleman v. State of Indiana COURT OF APPEALS OF INDIANA

On the evening of August 2, 2016, Coleman and his friend, Paul Shipp, robbed
an Indianapolis liquor store. While Shipp beat the store clerk with his fists and
a wooden board, Coleman put money from the cash register and two bottles of
whiskey into a bag. Police arrived on the scene while the robbery was still in
progress, and Coleman and Shipp were both taken into custody. More...
   $0 (01-08-2018 - IN)

Randy Lee Higgins v. State of Indiana Man, 49, videotaped teenager in home

S.B. (Mother) was in a relationship with Higgins for several years, and the two
have a child together, who was born in March 2012. Higgins spent most nights
at Mother’s apartment, where she lived with their child and her two older
minor children. Higgins acted as a care giver to all of the children in the home.
[4] Late at night on March 20, 2016, Mother searched Higgins’s iP... More...
   $0 (01-08-2018 - IN)

STATE OF OHIO v. STEVEN M. GREELEY

Shortly after 3:00 a.m., the police responded to an attempted break-in call at a
house on East Homestead Street in Medina. While inspecting the damage to the homeowner’s
back door, the police heard a series of loud banging noises and followed the noises to a nearby
residence. There, they found Mr. Greeley wearing a latex glove and using a hammer to strike the
back door of a v... More...
   $0 (01-08-2018 - OH)

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