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Imputed Fault Law
 
Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - 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)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

State of Wisconsin v. Michael L. Washington Wisconsin Supreme Court

The petitioner, Michael L. Washington ("Washington"), seeks review of a published court of
appeals decision affirming his judgment of conviction and the
circuit court's order denying his postconviction motion.1 He
asserts that the court of appeals erred in determining that, by his conduct, he waived his statutory right to be present at trial.

Washington specifically cont... More...
   $0 (01-13-2018 - WI)

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)

Luis Armando Carreon v. The State of Texas

On April 17, 2006, pursuant to a guilty plea, the trial court convicted Carreon on two counts of burglary of a habitation, both second degree felonies. See TEX. PENAL CODE ANN. § 30.02(c)(2) (West, Westlaw through 2017 1st C.S.). On the only count that is the subject of this appeal, the trial court sentenced Carreon to ten years’ confinement, suspended the sentence, and placed Carreon on communi... More...   $0 (01-12-2018 - TX)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

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)

COMMONWEALTH vs. CRISOSTOMO LOPES et al Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

STATE OF MISSOURI v. DAVID HYGRADE

On September 1, 2015, Officer Jennifer Nemeth and her partner Officer David Wilson
responded to a call of shots fired at a residence. They arrived in a marked police vehicle wearing
uniforms. Officer Nemeth observed five people on the front porch, including Defendant, who
went into the house. According to Officer Nemeth, Defendant was holding his right arm against
his right sid... More...
   $0 (01-09-2018 - MO)

Cornelius Milan Harper v. The State of Texas Man sentenced to life in prison for 2010 murder of young couple, unborn baby in Missouri City

Leiah Jackson and her boyfriend, Yancey Daniels, lived together in the back
unit of a duplex in Missouri City. The property was owned by Leiah’s mother,
Pamela Jackson, who lived in the front unit.
One early fall morning, around 12:30 a.m., Pamela heard a loud noise at the
front of her unit, opened the front door, and found Leiah, then eight-and-a-half
months pregnant, lyin... More...
   $0 (01-09-2018 - TX)

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)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

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)

State of Tennessee v. Joseph D. Sexton COURT OF CRIMINAL APPEALS OF TENNESSEE

The Defendant was charged with three counts of aggravated sexual battery for crimes committed against his eleven-year-old daughter. The State entered into a plea agreement with the Defendant in which the State agreed to dismiss two of the counts in exchange for the Defendant’s guilty plea to one count of the lesser included offense of
01/05/2018
-2
attempted aggravated sexual batter... More...
   $0 (01-08-2018 - TN)

United States of America v. Adam John Burke, Abdirahin Khalif Ibrahim and Dana Enoch Kidd District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Federal Jury Finds Edina Chiropractor And His Patient Recruiters Guilty Of Insurance Fraud Conspiracy

ADAM JOHN BURKE, 33, ABDIRAHIN KHALIF IBRAHIM, 26, and DANA ENOCH KIDD, 36, were found guilty for their roles in a multi-million dollar insurance fraud conspiracy. BURKE, IBRAHIM, and KIDD were initially indicted on December 20, 2016, and following a two-week trial befor... More...
   $0 (01-08-2018 - MN)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

STATE OF SOUTH DAKOTA v. TRAVIS ROBERT PHILLIPS South Dakota Supreme Court

Travis Phillips and Amanda Johnson were married in 2014. Their marriage was often contentious. Phillips suspected Johnson of having affairs, which led to many accusations and arguments. [¶3.] On June 24, 2016, Johnson called Phillips at work to inform him that a law enforcement officer came to their apartment to serve legal papers. The paperwork related to stalking charges filed against Phillip... More...   $0 (01-07-2018 - SD)

SOMVANG CHANTHASALO Vs. MELISSA DESHOTEL, DEBRA SCHUM, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RONALD J. MITCHELL, USAA CASUALTY INSURANCE COMPANY, AND PROGRESSIVE SECURITY INSURANCE COMPANY

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)

Jay Brady Collums v. The State of Texas THIRTEENTH COURT OF APPEALS, CORPUS CHRISTI & EDINBURG, TEXAS

Collums was charged by information with intentionally, knowingly, and recklessly
causing bodily injury to Pleashette Todd, a person with whom he had a dating relationship,
by grabbing Todd with his hands and throwing her into a wall on or about June 5, 2016.
At the guilt-innocence phase of trial, Officer Jonathan Delarosa of the Victoria
Police Department testified that he was ... More...
   $0 (01-06-2018 - TX)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

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