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Imputed Negligence Law
 
UNITED STATES OF AMERICA v. JEROME WILSON Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - 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)

Thomas J. Litterer and Mary L. Litterer vs. Rushmore Loan Management Services, LLC

This case requires us to determine the legal relationship between the recording
deadline for a lis pendens in Minn. Stat. § 582.043, subd. 7(b), and the excusable neglect
provision in Minn. R. Civ. P. 6.02.
Enacted by the Legislature in 2013, Minn. Stat. § 582.043 (2016) requires mortgage
servicers to notify mortgagors of loss mitigation options before referring the mortgage f... More...
   $0 (01-13-2018 - MN)

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)

LEROY SINGH vs STATE OF FLORIDA

On remand from the Florida Supreme Court, we are tasked with reconsidering our previous decision in light of State v. Dominique, 215 So. 3d 1227 (Fla. 2017). The defendant was charged with first-degree murder with a firearm and convicted of the lesser included offense of second-degree murder with a firearm. He argues that the manslaughter by act instruction, previously deemed to constitute funda... More...   $0 (01-10-2018 - FL)

Cedric Greene v. Direct TV, Inc. Tenth Circuit Courthouse - Denver, Colorado

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...
   $0 (01-09-2018 - UT)

STATE OF NEW MEXICO v. GAVINO LUNA COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendant’s convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Child’s twelve-year-old sister because Child’s mother was hospitalized. Defendant
18 lived with Child’s grandmother. According to Child, Defendant showed Child “ugly”
19 movies that showed photographs of women “showing th... More...
   $0 (01-09-2018 - NM)

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)

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)

Doreen Smith v. Roger Jones Sixth Circuit Court of Appeals for the Sixth Circuit

Officer Roger Jones fatally shot Kenneth Smith, who was
then age 20. A jury awarded Smith’s estate $5,500,000, which the district court reduced to
$4,000,000. Jones appeals, arguing, among other things, that Smith’s claims are time-barred and
that the district court made various errors during the trial. We reject his arguments and affirm.
I.
In the early morning of March 10, 20... More...
   $0 (01-06-2018 - OH)

John Lipsey v. United States of America, et al. Central District of Illinois Federal Courthouse - Urbana, Illinois

In this appeal, John Lipsey seeks
relief on behalf of his minor daughter J.L., for tragic injuries
suffered by J.L. at birth. The district court granted summary
judgment to the defendants, and Lipsey appeals that determination.
The facts underlying the grant of summary judgment are
set forth in detail in the district court opinion, and in relevant
part are as follows. On Ju... More...
   $0 (01-04-2018 - IL)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

STATE OF OHIO - vs - MARQUE DAQUAN BROWN

This case stems from an altercation that occurred between appellant and
his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date, appellant and
Taisha were 20 and 17 years old, respectively. Taisha was approximately seven or eight
months pregnant with appellant’s son. They resided together at the home of Taisha’s
mother, Marilyn Cedeno; Taisha’s brothers, Jose ... More...
   $0 (01-04-2018 - OH)

Paul Alen Tomlinson v. Medlinda Louis McCollough Adair County Courthouse, Stilwell, Oklahoma

Stilwell, OK - Paul Alen Tomlinson sued Medlinda Louis McCollough on an auto negligence theory.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: TOMLINSON, PAUL
Filed Date: 10/27/2011
Party Name Disposition Information
Defendant: MCCULLOUGH, MELINDA LOIS Disposed: JUDGEMENT ENTERED, 12/15/2017. Judge
Docket
Date Code Description Count Party AmountMore...
   $0 (01-04-2018 - )

David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The ... More...   $0 (01-01-2018 - MS)

UNITED STATES OF AMERICA v. BRAYAN GOMEZ United States Court of Appeals 2nd Circuit

In March 2014, Hartford police detective James Campbell and 10
Drug Enforcement Administration (“DEA”) special agent Michael 11
Schatz––members of a DEA task force––were investigating a large‐12
scale  heroin‐trafficking  organization  operating  out  of  Hartford.
Based  on  information  from  a  wiretap  and  cooperating  sources, 1
Campbell and Schatz suspect... More...
   $0 (12-30-2017 - CT)

STATE OF MONTANA v. STEPHEN EDWARD SANTILLAN

A.C. was tragically injured in July 2013 while in Santillan’s care. She is the
daughter of Danielle, Santillan’s girlfriend, and Mitch and was born in August 2010.
Danielle and Mitch shared parenting time pursuant to an informal agreement; Danielle
parented A.C. from Sunday evening until Thursday evening, while Mitch parented A.C.
from Thursday evening until Sunday evening. Be... More...
   $0 (12-30-2017 - MT)

Leonal Anthony Garcia-Garcia v. Costco Wholesale Croporation United States Court of Appeals for the First Circuit for the First Circuit

After approximately eleven
years of working his way up the Costco1 employment ladder,
appellant Leonal Anthony Garcia-Garcia2 (Garcia) was fired
following an investigation which revealed an inventory discrepancy
in the Meat Department that he managed. Garcia sued Costco in
federal court invoking diversity jurisdiction and alleging an
array of Puerto-Rico-based claims stemmi... More...
   $0 (12-30-2017 - PR)

JORDY ROUSSE Vs. UNITED TUGS, INC

In this maritime personal injury case, plaintiff/appellant, Jordy Rousse
(“Rousse”), appeals the district court’s April 19, 2017 judgment granting the
motion for partial summary judgment filed by defendant/appellee, United Tugs,
Inc. (“United”), and dismissing Rousse’s claims for maintenance and cure. For the
reasons that follow, we convert the appeal to an application for supe... More...
   $0 (12-26-2017 - LA)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (12-25-2017 - LA)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

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)

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