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Intentional Tort Law
 
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)

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)

Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

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)

The State of Texas v. Ramiro Garcia Lopez Jr.

Gilberto Garces was found dead of apparent gunshot wounds around 7:30 p.m. on April 6, 2016. Garces’s body was located in a rural area of Mercedes; his hands were bound with electrical wire.1 A search warrant was issued April 8, 2016, for Mid-Valley Tire Shop seeking: any and all firearms, any and all unknown make and caliber ammunition and/or spent casings, projectiles, and/or shrapnel, an... More...   $0 (08-11-2018 - TX)

Robyn Dale Murphy, Jr., aka Robin Dale Murphy, Jr. v. Exeter Finance Corp.

On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. Excel assigned the contract to Exeter. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, r... More...   $0 (08-11-2018 - TX)

Shundale Taylor v. The State of Texas

On March 29, 2016, Antoine Hodge was shot once in the chest outside an apartment complex at 5880 Bernal in Dallas, Texas. Antoine, with his brother Chevis,2 was at the complex to witness a fight between two women, Dajee Dillard3 and Jelicia Linwood.4 Antoine subsequently died of his wound. The ballistics expert testified the bullet that killed Antoine was fired from appellant’s gun. The fight... 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)

Robert Isreal v. The State of Texas

The jury heard evidence that appellant and Stacey Smith were involved in a romantic
relationship for several years. They lived together for two years, but their relationship was “bumpy”
at times, and appellant moved out when he began a relationship with another woman. Evidence at
trial reflected that the incident forming the basis of the instant offenses occurred approximately twoMore...
   $0 (08-10-2018 - TX)

Michael David Holley v. The State of Texas

At trial, Emily Howard, Holley’s granddaughter, testified that Holley showed her 1
images of nude women on a silver computer multiple times when she was around 12 or 13 years
old. She also testified that Holley told her, “If you give me a blow job, I’ll treat you like an adult,
or something along those lines.” Emily further testified that, on one occasion, she was riding on a
gol... More...
   $0 (08-10-2018 - TX)

STATE OF KANSAS v. CHRISTINA A. CADENHEAD Absconder

Christina A. Cadenhead pled no contest to possession of methamphetamine. She objected to the classification of a 2005 burglary of a dwelling as a person felony, which resulted in a criminal history score of C. The district court denied her objection. She appeals.

Cadenhead was arrested for multiple warrants. During the December 2016 arrest, she admitted she had a needle in her front p... More...
   $0 (08-10-2018 - KS)

Joan E. Farr v. Daryl Davis; Dennis Moon; Deann Coote; John Patrick Hall; Huckleberry Homeowners Association District of Kansas Courthouse - Kansas City, Kansas

Proceeding pro se,1 Joan Farr appeals the district court’s order granting
summary judgment on her 42 U.S.C. § 1983 claim in favor of the Huckleberry
Homeowners Association and its board members (collectively, HOA). She also
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument wouldn’t materially assist in the determination ofMore...
   $0 (08-10-2018 - KS)

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)

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)

FRANK ROBINSON v. STATE OF KANSAS

After an apartment house in Topeka burned and one of the tenants died, the United States government charged Robinson with arson resulting in death. When the federal government dismissed the charge before trial, the State of Kansas charged Robinson with felony murder and aggravated arson. All pertinent details of the state prosecution may be read in the direct criminal appeal reported in State v. R... More...   $0 (08-09-2018 - KS)

Robert Stevens and Steven Vandel v. CoreLogic, Inc. United States District Court for the Southern District of California

Residential real estate sales today depend largely on
online sites displaying properties for sale. Plaintiffs Robert
Stevens and Steven Vandel (“the Photographers”) are
professional real estate photographers who take photographs
of listed properties and license them to real estate agents.

The real estate agents, in turn, upload such photographs to
Multiple Listing Serv... 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)

Abraham Jacob Proenza v. The State of Texas

Proenza and his wife Sandra testified that on April 2, 2008, A.J.V. was born in
Minnesota to Sandra’s sister. Hoping to adopt A.J.V., Proenza and Sandra drove to
Minnesota and returned to Texas with the child.
When A.J.V. was three or four weeks old, Sandra and A.J.V.’s birth mother, who
was in Texas at the time, took A.J.V. to Su Clinica. A.J.V.’s birth mother signed medi... More...
   $0 (08-07-2018 - TX)

Robert Smith v. Rosebud Farm, Inc., d/b/a Rosebud Farmstand Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Robert Smith worked behind the
meat counter at Rosebud Farm, a local grocery store. After
several years of ongoing sexual and racial harassment from
his male coworkers and supervisor, Smith sued Rosebud. He
claimed various violations of Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 1981, and the Illinois Gender Violence Act.
2 No. 17‐2626
The jury returne... More...
   $0 (08-07-2018 - IL)

Anthony Wilson, Jr. v. The State of Texas

During the course of a robbery in Bowie County, Anthony Wilson, Jr., shot and killed
Casey Smith. Wilson was indicted on one count of capital murder and, alternatively, one count of
felony murder. A Bowie County jury found Wilson guilty of capital murder, and Wilson was
sentenced to life in prison. On appeal, Wilson alleges that a flaw in the jury charge caused him
egregious... More...
   $0 (08-06-2018 - TX)

Shundale Taylor v. The State of Texas

On March 29, 2016, Antoine Hodge was shot once in the chest outside an apartment
complex at 5880 Bernal in Dallas, Texas. Antoine, with his brother Chevis,2 was at the complex
to witness a fight between two women, Dajee Dillard3 and Jelicia Linwood.4 Antoine subsequently
died of his wound. The ballistics expert testified the bullet that killed Antoine was fired from
appellant’s... More...
   $0 (08-06-2018 - TX)

Darius Noel Rodriguez v. The State of Texas

On March 10, 2015, Universal City Police Officer David Allen was dispatched for a welfare check on J.H., a three-year-old child. Officer Allen met briefly with Laura,1 J.H.’s
maternal-grandmother, and Crystal, J.H.’s maternal-aunt, regarding their concerns of physical
abuse—specifically spankings that left marks on J.H.’s body and “a burn mark on his torso.”
J.H. was living with h... More...
   $0 (08-06-2018 - TX)

KIRK LASSEND v. UNITED STATES

In July 2010, two individuals in Fitchburg, Massachusetts called 911 to report that Lassend had been walking up and down the street with a gun and firing shots into the air. Police officers placed Lassend under arrest at the scene. The officers recovered ammunition from Lassend's pocket and found a gun in an unlocked closet in the common hallway of a nearby apartment building. A search of... More...   $0 (08-05-2018 - MA)

STATE OF CONNECTICUT v. MARQUIS J. HARPER

. The defendant, Marquis J. Harper, appeals from the judgment of conviction, rendered after a jury trial, of one count of attempt to commit robbery in the first degree as an accessory in violation of General Statutes §§ 53a-8 (a), 53a-49 (a) (2) and 53a-134 (a) (2). On appeal, the defendant claims that (1) the evidence adduced at trial was insufficient to sustain his conviction and (2) the court i... More...   $0 (08-05-2018 - CT)

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)

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