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Exemplary Damage Law
 
Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

STATE OF TENNESSEE v. A.B. PRICE, JR. and VICTOR TYRONE SIMS1

There is no dispute as to the facts or circumstances that give rise to this appeal. The record shows that when the Defendants initially attempted to enter their guilty pleas, the trial court refused to accept their negotiated plea agreements and “expressed reservations” as to whether the court could accept them because they would be subject to the PSA. The trial court urged the parties to “consi... More...   $0 (08-15-2018 - TN)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

Mark C. James v. Sam Woods; Stephanie Welborn Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal—interwoven with a custody dispute—arrives in our court following a father’s report of sexual misconduct inflicted on his child by the child’s stepfather. Upon investigation by the St. Tammany Parish Sheriff’s Office, the stepfather was arrested and charged with aggravated incest. A state-court jury ultimately acquitted him at trial, and he later filed these malicious-prosecution and in... More...   $0 (08-14-2018 - LA)

United States of America v. The Royal Bank of Scotland Group plc (RBS) District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Royal Bank of Scotland Agrees to Pay $4.9 Billion for Financial Crisis-Era Misconduct
Settlement Is Largest Penalty Imposed On A Single Entity By The Justice Department For Financial Crisis-Era Misconduct

The Justice Department announced a $4.9 billion settlement with The Royal Bank of Scotland Group plc (RBS) resolving federal civil claims that RBS misled investors in th... More...
   $0 (08-14-2018 - MA)

STATE OF OHIO v. THOMAS E. KUBAT

On September 12, 2012, appellant was charged with unlawful sexual conduct with a minor and rape in a 22 count indictment. Counts 1 through 11 were for unlawful sexual conduct with a minor (one count for each month between September of 2011 and July of 2012). Counts 12-22 were for rape (one count for each month between September of 2011 and July of 2012). The victim in all of the charges was a mino... More...   $0 (08-14-2018 - OH)

State of Ohio v. Rickey Lamb, Jr.

On July 21, 2015, the Fulton County Grand Jury issued a seven-count indictment charging appellant with one count of arson in violation of R.C. 2909.03(A)(2), a felony of the fourth degree (“Count 1”); one count of aggravated arson in violation of R.C. 2909.02(A)(2), a felony of the second degree (“Count 2”); one count of aggravated arson in violation of R.C. 2909.02(A)(1), a felony of the firs... More...   $0 (08-14-2018 - OH)

State of Ohio v. Alonzo Bonner, Jr.

On August 11, 2016, Bonner was indicted on one count of felonious assault in violation of R.C. 2903.11(A)(1), a second-degree felony, along with a repeat violent offender (“RVO”) specification. Previously, Bonner served nine years in prison after being convicted of felonious assault with a firearm. State v. Bonner, Erie C.P. No. 2007-CR-487. Bonner pleaded not guilty to the charge of felon... More...   $0 (08-14-2018 - OH)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

Leonard Mornes v. The State of Texas

Appellant shot and killed Jacqueline Armstead and Brigitte Manning at his home in Dallas, Texas on July 8, 2015. Armstead’s fifteen-year-old daughter Ja’Kaline Evans testified appellant, Manning, and Armstead were “hanging out,” smoking crack cocaine, and drinking beer at Armstead’s house that afternoon. Appellant, Manning, and Armstead left together after an hour or an hour and a half; Armst... More...   $0 (08-11-2018 - TX)

John Nathan Cavaness v. The State of Texas

On May 20, 2016, eighty-seven-year-old Emmajo Wallace was turning left into a post
office when she was hit by Cavaness’s vehicle. It is undisputed that this vehicle was traveling at
approximately seventy miles per hour prior to its driver braking in an attempt to avoid the collision.
Wallace’s vehicle spun into the parking lot of the post office and was ultimately totaled due to the... More...
   $0 (08-11-2018 - TX)

Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s... More...
   $0 (08-11-2018 - CA)

Branden Massey v. The State of Texas

Appellant was indicted for shooting Shawn Ruckman, the complainant, three
times with a handgun in the parking lot of an H&R Block in Caldwell County,
Texas. At trial, Ruckman testified that he had a negative relationship with
appellant’s mother, Lana Cochran, due to a previous romantic interaction between
them. Ruckman claimed Cochran had sent men to beat him up several month... More...
   $0 (08-10-2018 - TX)

Dagny Knutson v. Richard J. Foster

After a three-week trial, the jury found in favor of Dagny Knutson on her
fraudulent concealment and intentional breach of fiduciary duty claims against her former
attorney, Richard J. Foster, and awarded her economic and noneconomic damages. The
trial court granted Foster’s motion for a new trial on the grounds that Knutson did not
prove Foster’s conduct was the cause of Knutson’s... More...
   $0 (08-10-2018 - CA)

CASE & ASSOCIATES PROPERTIES INC. d/b/a ASPEN PARK APARTMENTS, v. JODIE L. BRIBIESCA

Bribiesca first moved to Aspen Park Apartments (Aspen) on June 10, 2015. The apartments are located in Wichita and are owned by Case. On January 8, 2016, Bribiesca moved from her first apartment, unit 1812, to another, 1908, in the same complex. Bribiesca testified she was not offered an opportunity to see 1908 before moving in, and it is not clear whether she asked to view the apartment before th... More...   $0 (08-09-2018 - KS)

STATE OF KANSAS v. LEROY K. BRIGGS

Leroy K. Briggs appeals from what he claims to be an erroneously imposed sentence. He argues that the sentencing court erred in classifying his two prior Missouri convictions for resisting or interfering with arrest under Mo. Rev. Stat.

1 REPORTER'S NOTE: Opinion No. 116,420 was modified by the Court of Appeals on August 1, 2018, after th... More...
   $0 (08-09-2018 - KS)

HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his ... More...   $0 (08-09-2018 - KS)

United States of America v. BNSF Railway Company Montana District Federal Courthouse - Missoula, Montana

Missoula, MT - U.S. Attorney's Office Announces Settlement with BNSF Railway

BNSF Railway Company agreed to settle a lawsuit brought on behalf of the United States Forest Service regarding road use and damage on the Kootenai National Forest.

The lawsuit alleges that BNSF Railway damaged Forest Service roads on the Kootenai National Forest and failed to pay its fair share of costs... More...
   $200000 (08-09-2018 - MT)

United States of America v. Carlos Gutierrez Gonzalez Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Marijuana Grower in Shasta-Trinity National Forest Sentenced

Carlos Gutierrez Gonzalez, 23, of Michoacán, Mexico, was sentenced today by U.S. District Judge Kimberly J. Mueller to four years and two months in prison and ordered to pay $10,000 in restitution to the U.S. Forest Service for growing marijuana on the National Forest and for depredation of Public Lands and Reso... More...
   $0 (08-09-2018 - CA)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c... More...
   $0 (08-08-2018 - AR)

Abdur Rahim Ambrose a/k/a Abdur Ambrose v. State of Mississippi

On the afternoon of April 7, 2013, Demetrius Lee returned home from work between 3:00 and 4:00 p.m. Lee resided in the DeLisle community at 7486 Lobouy Road, which is part of a larger property commonly known as “the Hill.” The Hill is comprised of two houses and a mobile home. While Lee was relaxing, someone knocked on his window, but he remained inside. Twenty to thirty minutes later, Lee wen... More...   $0 (08-05-2018 - MS)

State of Tennessee v. Monica Leigh-Ann Briggs

The Defendant’s convictions relate to the September 7, 2014 homicide of Kenneth Koster in a tool shed in Campbell County. The Defendant and Brad Phillips fatally shot the victim and fled to Sevier County, where Mr. Phillips was killed by police officers, and the Defendant was arrested for public intoxication. The Defendant was later indicted for one count of first degree premeditated murder and ... More...   $0 (08-05-2018 - TN)

STATE OF OHIO vs. AMIR S. RUBIN

In November 2016, Rubin was indicted on 95 counts related to child pornography: 21 counts of pandering sexually oriented matter involving a minor in violation of R.C. 2907.322(A)(1) and (2), felonies of the second degree; 30 counts of illegal use of a minor in nudity-oriented material or performance in violation of R.C. 2907.323(A)(1), felonies of the fifth degree; 15 counts of pandering sexua... More...   $0 (08-05-2018 - OH)

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