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Foreseeability Law
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)

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)

United States of America v. Vance White Northern District of Illinois Courthouse - Chicago, Illinois

Vance White participated in a
wire fraud scheme and pleaded guilty to one count of wire
fraud, 18 U.S.C. § 1343, and one count of aggravated identity
theft, 18 U.S.C. § 1028A(a)(1). The district court calculated
White’s Sentencing Guidelines range based on the amount of
loss caused by the entire scheme over four years. During most
of that time, though, White was in prison. ... More...
   $0 (03-02-2018 - IL)

State Compensation Jnsurance Fund v. Worker's Compensation Appeals Board and Jose A. Guzman

Respondent Jose A. Guzman, a construction laborer, was operating a compactor
when he was injured. The compactor, which is used to pack down soil, hit a rock while
Guzman was working on a hillside with a 45-degree slope. The compactor rose in the air,
caused Guzman to fall backwards, and then fell on top of him. The workers’
compensation judge (WCJ) determined that Guzman sustained ... More...
   $0 (02-24-2018 - CA)

Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
FACT... More...
   $0 (02-20-2018 - CA)

Amie Wieland v. Owner-Operator Services, Inc. Jackson County Courthouse - Kansas City, Missouri

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc... More...
   $0 (02-18-2018 - MO)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

United States of America v. Steven Metro District of New Jersey Federal Courthouses

Steven Metro appeals from the 46-month sentence of imprisonment imposed by the District Court as a consequence of his guilty plea to one count of conspiracy to violate federal securities laws and one count of insider trading. He contends that the Court wrongly attributed to him illicit financial gains
actually attributable to someone with whom he was not acting in concert and to whom he ... More...
   $0 (02-14-2018 - NJ)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

Cheri Dahlin v. Lyondell Chemical Company Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.


Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

United States of America v. Stanley Presendieu and Scarlee Valias Jean Southern District of Florida Courthouse - Miami, Florida

After their guilty pleas, defendant Stanley Presendieu appeals his convictions and defendant Scarlee Valias Jean appeals her sentence. Having carefully reviewed the record and the parties’ briefs, and with the benefit of oral argument, we (1) affirm Presendieu’s convictions and (2) vacate Jean’s sentence and remand for further proceedings.
This case involves an illegal check-... More...
   $0 (01-19-2018 - FL)


On January 17, 2014, while traveling on Interstate-10, near the Williams
Boulevard and Loyola Street exits in Kenner, Louisiana, Ms. Deshotel’s vehicle
rear-ended Mr. Chanthasalo’s truck (“Accident No. 1”). After the collision, Mr.
Chanthasalo and Ms. Deshotel pulled their respective vehicles onto the shoulder of
the road to assess property damages and report the accident to t... More...
   $0 (01-06-2018 - LA)

STATE OF LOUISIANA Vs. ANTHONY BAUMAN State of Louisiana Court of Appeal, Fourth Circuit

By bill of information dated December 1, 2015, the defendant was charged
with one count of purse snatching, a violation of La. R.S. 14:65.1.1 The defendant
pled not guilty to the charges and proceeded to a jury trial on June 1, 2016. On the
day of trial, the defendant filed numerous motions, including a motion for a twelve
person jury and a motion for the court to instruct th... More...
   $0 (12-26-2017 - LA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)

Joseph R. Elliott v. Board of School Trustees of Madison Consolidate Schools and State of Indiana Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

The Contract Clause of the United States Constitution prohibits States from passing laws “impairing the Obligation of Contracts.” Art. I, § 10, cl. 1. The prohibition is not absolute, but it imposes substantial limits on laws that would undermine existing contractual rights. In 2012, an Indiana law took effect amending the State’s teacher tenure law to cut back on the rights of tenured teachers in... More...   $0 (12-05-2017 - IN)

Jana Lee Flanagan and Lucas Matthew Flanagan v. RBD San Antonio LP, Davidson Hotel Company LLC and G4S Bexar County Courthouse - San Antonio, Texas

Jana Lee and Lucas Matthew Flanagan appeal traditional and no-evidence summary judgments granted in favor of RBD San Antonio L.P., Davidson Hotel Company LLC, and G4S Secure Solutions (USA) Inc. in a premises liability case based on an alleged aggravated assault at a hotel. The Flanagans contend the trial court erred in granting the summary judgments and in sustaining objections to their summary j... More...   $0 (11-23-2017 - TX)

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

Forest Walker v. Ford Motor Company

¶1 In this products liability case, we consider whether the trial court erred when it gave a jury instruction that allowed the jury to apply either the consumer expectation test or the risk-benefit test to determine whether a driver’s car seat was unreasonably
dangerous due to a design defect. The court of appeals concluded that the trial court

did err by instructing the jury se... More...
   $0 (11-13-2017 - CO)

Heather Tenini Kuentz, Individually, as Personal Representative of the Estate of Robert Michael Kuentz, deceased, and as Next Friend of B.M.K., a Minor, Larry Michael "Robert" Kuentz and Sandra Kuentz v. Cole Systems Group, Inc. D/B/A The Cole Group Harris County Courthouse - Houston, Texas

Three months after being rehired by a car dealership, a salesman shot and killed his sales manager at work. The appellants, the manager’s family, sued the salesman, several dealership-related entities, and the appellee, an employment screening company that performed a pre-employment background check on the salesman. The trial court granted the employment screening company’s traditional and no-evid... More...   $0 (11-09-2017 - TX)

Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two... More...
   $0 (10-24-2017 - OK)

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