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Emotional Distress Law

In October 2014, Kallie Solwa lived in a two-bedroom apartment in Lawrence, Kansas, with Will Spates, the father of her two young children. On the night of October 15, 2014, Solwa return home around 7 p.m. after visiting her sister. As she was preparing her one-year-old son and two-year-old daughter for bed, their neighbor, Marcel Williams, came over to borrow a movie and then left. Williams and h... More...   $0 (03-18-2018 - KS)


Castillo-Calles was convicted by a jury of aggravated indecent liberties with a child. The victim, I.W., was 12 years old at the time of the events leading to the charge. I.W. was friends with C.P., who lived with Castillo-Calles (her stepfather) and her mother.

On March 24, 2013, I.W. spent the night at C.P.'s house. That afternoon, C.P., I.W., and Castillo-Calles played hide and seek.... More...
   $0 (03-18-2018 - KS)


Deputies from the Bernalillo County Sheriff’s Department were dispatched to
16 Defendant’s home at approximately 3:50 a.m. in response to a call for assistance
17 about an infant who was “choking on milk.” When the deputies arrived, they were
18 directed to Defendant’s bedroom, where they found Baby wrapped tightly in a blanket
19 that was saturated with blood near her pelvic area.... More...
   $0 (03-17-2018 - NM)


In December 2009, Valerie Barreras and her husband Anthony Barreras had
3 two daughters—A.B., then thirteen years old, and her younger sister S.B., then six
4 years old. Defendant was married to Valerie’s sister Darlene, making him A.B.’s
5 uncle. Defendant and Darlene had four young children of their own. Valerie and
6 Darlene were very close, and the two families often spent ... More...
   $0 (03-17-2018 - NM)

Gezel Saheli v. White Memorial Medical Center

White Memorial Medical Center (White Memorial) and
Juan Barrio, M.D. (together, Defendants) challenge the denial in
part of their petition to compel arbitration of claims brought
against them by Gezel Saheli, M.D. Although the trial court
ordered Saheli to arbitrate the majority of her claims, it refused
to compel arbitration of her claims brought pursuant to Civil
Code sec... More...
   $0 (03-15-2018 - CA)

Edward Davidson v. Seterus, Inc.

At issue in this appeal is whether mortgage servicers can be "debt collectors"
under California's Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act; Civ.
Code,1 § 1788 et seq.). There is a split of authority among the many federal district
courts that have considered the issue, and there is a paucity of California authority
addressing the question.
In this case, t... More...
   $0 (03-14-2018 - CA)

Tylon C. Outlaw v. City of Hartford District of Connecticut Federal Courthouse - Hartford, Connecticut

1 Appeal by plaintiff from so much of a judgment of the United States
2 District Court for the District of Connecticut, Geoffrey W. Crawford, Judge, as granted
3 summary judgment dismissing his claims against defendant City of Hartford (the
4 "City"), brought principally under 42 U.S.C. § 1983, for failing to supervise its police
5 officers with respect to appropriate use of force;... More...
   $0 (03-13-2018 - CT)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Klean W. Hollywood, LLC v. The Superior Court of California, Langston Jackson, Real Party in Interest

Petitioner Klean W. Hollywood, LLC (Klean), a voluntary
drug abuse treatment facility, was sued by real party Langston
Jackson, who had enrolled at the facility to obtain treatment
for drug addiction. Jackson blamed Klean for the injuries he
suffered after smuggling heroin into his room and injecting it
late one night. Jackson claimed that Klean was negligent in
failing to ... More...
   $0 (03-12-2018 - CA)

United States of America v. Dameion Highley District of Colorado Federal Courthouse - Denver, Colorado

Defendant Dameion Higley filed a motion for relief under 28 U.S.C. § 2255 in
the United States District Court for the District of Colorado. He argued that his
conviction for using a firearm in relation to a crime of violence should be vacated
because armed bank robbery is not a crime of violence under 18 U.S.C. § 924(c).
The district court denied the motion as untimely or alternati... More...
   $0 (03-10-2018 - CO)

Tiberiu Klein v. Daniel E. O'Brien, et al. Northern District of Illinois Courthouse - Chicago, Illinois

In 2002 a Greyhound bus
struck and killed Claudia Zvunca in Colorado. Her daughter,
Cristina Zvunca, witnessed the accident. Cristina was
seven at the time. Now an adult, she is the administrator of
her mother’s estate. In 2016 Cristina seZled all claims against
Greyhound and other potentially responsible persons for
approximately $5 million. But Tiberiu Klein, who was Clau... More...
   $0 (03-09-2018 - IL)

Lonnie Patterson v. City of Yuga City Northern District of California Federal Courthouse - San Francisco

The panel certified the following question to the
California Supreme Court:
Does a finding of probable cause at a
preliminary hearing preclude a false arrest
The panel withdrew the case from submission and stayed
further proceedings pending final action by the California
Supreme Court.

We certify the question set forth in Part II of this order to
the... More...
   $0 (03-08-2018 - CA)

Travis Sakai v. Massco Investments, LLC

Travis Sakai (Sakai) sued Massco Investments, LLC,
(Massco) for negligence and premises liability after he was
struck and then dragged by a vehicle exiting Massco’s
parking lot. The trial court granted summary judgment to
Massco on the ground that there was “no foreseeability and
no duty.” On appeal, Sakai argues that the trial court erred
because the accident was reasonabl... More...
   $0 (03-05-2018 - CA)

Roland G. Hill and Mary R. Hill v. Edward Walsh District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this opinion, we bring our
circuit law into conformity with the Supreme Court's precedent on
the emergency aid exception to the Fourth Amendment requirement
that a warrant be obtained before police entry into homes. We
explain below.
On March 3, 2015, Matthew Hill, age 28, overdosed and
was taken to Morton Hospital in Taunton, Massachusetts. The next
day, several Tau... More...
   $0 (02-27-2018 - MA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

Eugenie Bouchard v. United States Tennis Association, Inc., et al. United States of America v. Mimo International Imports and Exports, Inc. Eastern District of New York Courthouse - Brooklyn, New York

Brooklyn, NY - Eugenie Bouchard sued the United States Tennis Association, Inc., et al. on negligence slip and fall premises liability theories claiming that she was injured when she slipped and fell in a trainers' room at the United States Open in 2015.

Ms. Bouchard claimed physical and emotional injuries that impaired her ability to play professionally for two years.... More...
   $0 (02-22-2018 - NY)

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

J.H. v. The Superior Court of San Luis Obispo County, San Luis Obispo County Department of Social Service, Real Party in Interest

In People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez),
our Supreme Court clarified the test for admitting expert opinion
testimony. Although Sanchez was a criminal case, its limitations
extend beyond the scope of criminal law: to proceedings under
the Sexually Violent Predator Act (People v. Burroughs (2016) 6
Cal.App.5th 378), to conservatorship proceedings
(Conserva... More...
   $0 (02-16-2018 - CA)

Bradley McDaniel v. BP America Inc., BP PLC, BP Amoco Exploration (In Amenas) Limited Harris County Courthouse - Houston, Texas

Bradley McDaniel appeals from the trial court’s order granting BP Amoco Exploration (In Amenas) Limited’s special appearance. We conclude that the trial court lacked personal jurisdiction over this defendant and therefore affirm.
McDaniel’s suit arises out of a terrorist attack abroad. In 2013, terrorists seized an Algerian gas plant jointly operated under a contract betwe... More...
   $0 (02-15-2018 - TX)

John Dragus v. Reliance Standard Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois

Plaintiff-appellant, John Dragus,
brought suit against defendant-appellee, Reliance Standard
Life Insurance Company (“Reliance”), under the Employee
Retirement Income Security Act for denial of long-term
disability (“LTD”) benefits. After the district court denied
2 No. 17-1752
Dragus’ request for discovery outside the claim file record,
both parties moved for summary j... More...
   $0 (02-14-2018 - IL)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

Dennis Godelia v. Zoll Services, LLC Southern District of Florida Courthouse - Miami, Florida

Dennis Godelia and Sterling Youmas appeal the District Court’s dismissal of their case against ZOLL Services, LLC (“ZOLL”), which brought seven claims under Florida law. Mr. Godelia is suing individually and as the personal representative of the estate of Debra Godelia, who was his wife. Mr. Youmas was Ms. Godelia’s son. Ms. Godelia went into cardiac arrest while wearing an external defibrillator ... More...   $0 (02-11-2018 - FL)

United States of America v. Christopher Duane Davis and Charity Noel Germain District of Alaska Federal Courthouse - Fairbanks, Alaska

Fairbanks, AK - Fairbanks Couple Sentenced for Producing and Distributing Child Pornography

A Fairbanks couple has been sentenced in federal court for producing and distributing child pornography.

Christopher Duane Davis, 32, of Fairbanks, was sentenced February 2, 2018 by U.S. District Judge Ralph R. Beistline, to serve 35 years in prison, followed by a lifetime term of supervis... More...
   $0 (02-10-2018 - AK)

Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,... More...
   $0 (02-10-2018 - CA)

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