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Excessive Damages Law
 
R.W. DISTRIBUTORS, INC. V. TEXARKANA TRACTOR COMPANY

R.W. is a wholesale distributor of riding lawnmowers, and it supplied Texarkana
Tractor with “Exmark mowers” to sell in its stores. On April 26, 2016, Texarkana Tractor
filed suit against R.W. Texarkana Tractor’s complaint asserted in part as follows:

6. Plaintiff obtained a number of mowers from the Defendant for sale in its facilities in Pulaski County and Polk County, Arkan... More...
   $0 (06-18-2018 - AR)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

District of Minnesota Federal Courthouse - Minneapolis, Minnesota

This case is back to us after our reversal of the certification of a class
composed of individuals whose payment card information was compromised as a
result of the 2013 Target security breach. See In re Target Corp. Customer Data Sec.
Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). On remand, the district court2 recertified
the class after conducting a rigorous analysis. Class m... More...
   $0 (06-18-2018 - MN)

Michele Cole v. Historic Mission Inn Corporation

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...
   $0 (06-18-2018 - CA)

Part-Time Faculty Association v. Columbia College Chicago Northern District of Illinois Courthouse - Chicago, Illinois

This case involves a labor dispute between Columbia College Chicago (“CCC” or “the College”) and one of its employee unions, the Part-Time Faculty Association at Columbia College Chicago (“PFAC”), over the rep-resentation of full-time staff members who also teach part-time. A Regional Director (“the Director”) of the National Labor Relations Board (“NLRB” or “the Board”) ruled that such
2 No. ... More...
   $0 (06-17-2018 - IL)

JOHN L. SOILEAU, ET AL. VERSUS CHURCHILL DOWNS

The instant litigation was the subject of a previous appeal to this Court,
wherein we summarized the factual and procedural background as follows:
This lawsuit constitutes complicated and protracted litigation involving a dispute in the horse racing industry between … [quarterhorsemen] and Churchill Downs Louisiana Horseracing Company, LLC, owner of the Fair Grounds Race Course & Slots f... More...
   $0 (06-16-2018 - LA)

Eutimio Sanchez Jr. v. The State of Texas INDECENCY WITH A CHILD SEXUAL CONTACT

On May 14, 2010, Sanchez pled guilty to the offense of indecency with a child. See id. The trial court deferred finding Sanchez guilty and placed him on probation for ten years. On March 12, 2013, the State filed a motion to adjudicate guilt. At the hearing, the State alleged that Sanchez violated the terms of his community supervision by committing a new offense of driving while intoxicated w... More...   $0 (06-16-2018 - TX)

Roy Michael Geisendorff v. The State of Texas

The record before us is, frankly, disturbing. We are provided both witness testimony about the events resulting in Appellant’s arrest and dash-camera stills and video records of a portion of those events. Abner Jonathan Enriquez worked as the manager’s right-hand man at the Albertsons Market Street in Odessa. On July 10, 2015, at a little after 12:00 p.m., he saw a man he identified as Appellant ... More...   $0 (06-16-2018 - TX)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

Kathy A. Netro v. Greater Baltimore Medical Center, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

Kathy Netro brought a medical malpractice suit in state court against the Greater Baltimore Medical Center for its negligent care of her now-deceased mother. When she won, GBMC became liable under federal law for payments Medicare had made for Netro’s mother’s treatment. GBMC did not immediately satisfy the judgment. And three weeks after the state court entered its final order, Netro brought this... More...   $0 (06-14-2018 - MD)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

John McMahan, et al. v. Deutsche Bank, A.G. Northern District of Illinois Courthouse - Chicago, Illinois

In 2001, John McMahan and his
wholly owned corporation, Northwestern Nasal and Sinus
Associates, S.C.,1 participated in a tax shelter known as “Son
of BOSS.” The shelter “is a variation of a slightly older al‐
1 For ease of reference, and because the parties have not indicated a
material distinction between McMahan and his corporation, we will refer
to McMahan and his... More...
   $0 (06-13-2018 - IL)

Marie Gillispie v. Regional Care Hospital Partners, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

We are asked to determine whether the District Court
erred in dismissing a claim under the “whistleblower”
protection provision of the Emergency Medical Treatment and
Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. The
dispute here arises from Marie Gillispie’s allegations that the
Southwest Regional Medical Center (the “Medical Center”)
terminated her employment because s... More...
   $0 (06-13-2018 - PA)

NEIL W. EVARTS v. STATE OF KANSAS

Neil W. Evarts appeals the summary dismissal of his motion pursuant to K.S.A. 60-1507 alleging ineffective assistance of counsel. Although Evarts had cases in Harvey and McPherson Counties at the same time, this is an appeal of only the Harvey County case, which was affected by the McPherson County case for sentencing purposes.

An investigation into a March 6, 1995 kidnapping and rape... More...
   $0 (06-13-2018 - KS)

State of Nebraska v. Kelly A. Vann ess

In an information filed December 22, 2015, in the district court for Holt County, Vanness was charged with four counts consisting of the following: operating a motor vehicle during a time of suspension, Neb. Rev. Stat. § 60-159
Supp. 2016), a Class III misdemeanor (Count 1); possession of a controlled substance (methamphetamine), Neb. Rev. Stat. § 28-416(3) (Supp. 2015), a Class IV felony (Cou... More...
   $0 (06-12-2018 - NE)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superseding indictme... More...
   $0 (06-12-2018 - MA)

Edward Munro v. Department of Motor Vehicles

Before the Department of Motor Vehicles may suspend a driver’s license for a
driver’s refusal to submit to a chemical test to determine the alcohol content of his or her
blood, the driver “shall be told [by the arresting officer] that his or her failure to submit
to ... the required chemical testing will result in ... the suspension of the person’s
privilege to operate a motor vehi... More...
   $0 (06-12-2018 - CA)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...   $0 (06-11-2018 - FL)

Jyll Brink v. Raymond James & Associates, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Jyll Brink appeals the district court’s dismissal of her putative class action
complaint. She argues that the district court erred in determining that her state law
claims for negligence and breach of contract against Raymond James and
Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation
Uniform Standards Act of 1998 (“SLUSA”), which prohibits class ac... More...
   $0 (06-11-2018 - FL)

Adrian Camacho v. Target Corporation

Plaintiff Adrian Camacho appeals from a judgment entered after the trial court
granted summary judgment in favor of defendant Target Corporation (Target) on
Camacho's causes of action for discrimination based on sexual orientation, harassment
causing a hostile work environment, failure to prevent harassment and discrimination,
retaliation, constructive termination in violation of ... More...
   $0 (06-11-2018 - CA)

Antonio Devon Williams vs State of Florida

The testimony and evidence presented by the State revealed that Appellant and Javier Chandler had been childhood friends and, on the day of the offense, were still neighbors. Chandler, who was twenty-six years old at the time of the trial, testified that Appellant, a few years’ Chandler’s junior, had been like a little brother to him growing up. As they grew older they grew apart, yet remained on ... More...   $0 (06-10-2018 - FL)

State of Tennessee v. Wesley Lynn Hatmaker

On May 11, 2017, the Defendant pled guilty to two counts of theft of property valued between $10,000 and $60,000, and four counts of theft of property valued between $60,000 and $250,000. As a part of the open plea, the State dismissed Count 7 of the indictment and the trial court determined the length and manner of service of the sentence.
At the guilty plea hearing, the Defendant stipulated... More...
   $0 (06-10-2018 - TN)

STATE OF OHIO vs. CEDRIC GLAZE

Defendant-appellant, Cedric Glaze (“Glaze”), appeals his conviction and sentence
for involuntary manslaughter and felonious assault. Finding no merit to the appeal, we affirm.
{¶2} In 2015, Glaze was charged with aggravated murder and two counts of felonious
assault; the charges were accompanied by one- and three-year firearm specifications. The
indictment stemmed fr... More...
   $0 (06-09-2018 - OH)

United States of America v. Dyno-Nobel, Inc. District of Oregon Federal Courthouse - Portland, Oregon

Portland, OR - Dyno-Nobel, Inc. Ordered to Pay $250,000 for Failing to Notify Federal Authorities of Anhydrous Ammonia Discharges

U.S. District Judge Michael H. Simon ordered Dyno Nobel, Inc., the owner of a urea plant near St. Helens, Oregon, to pay $250,000 for violating section 103(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), following a ser... More...
   $0 (06-09-2018 - OR)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones District of Massachusetts Federal Courthouse - Boston, Massachusetts

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...
   $0 (06-08-2018 - MA)

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