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Liability Without Fault Law
 
STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Michelle Echlin v. PearceHealth, d/b/a PeaceHealth Southwest Medical Center Western District of Washington Federal Courthouse - Seattle, Washington

We must decide whether, under the Fair Debt Collection
Practices Act, a company that sent letters demanding that
hospital patients pay their overdue medical bills meaningfully
participated in the hospital’s efforts to collect debts.
I
Michelle Echlin is a former patient of PeaceHealth
Southwest Medical Center (PeaceHealth) in Vancouver,
4 ECHLIN V PEACEHEALTH
Washin... More...
   $0 (04-20-2018 - WA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

Robert Lee v. Heartland Coca-Cola Bottling Company, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000 Per Month - No Contract 888-354-4529

St. Louis, MO - Robert Lee sued Heartland Coca-Cola Bottling Company, LLC on an auto negligence theory.

03/14/2018 1 NOTICE OF REMOVAL from Circuit Court of St. Louis City, case number 1822-CC00216, with receipt number 0865-6430223, in the amount of $400 Jury Demand,, filed by Heartland Coca-Cola Bottling Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil ... More...
   $0 (04-18-2018 - MO)

Norman Whitney, Sr. v. City of St. Louis, et al. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Norman Whitney, Sr. (“Whitney Sr.”) brought this action after his son, a
pretrial detainee who had recently been treated for suicidal thoughts, hanged himself
in a cell that was monitored by closed-circuit television. Whitney Sr. asserted state
law wrongful death claims and federal claims under 42 U.S.C. § 1983 against
correctional officer Shelley Sharp and the City of St. Louis. T... More...
   $0 (04-18-2018 - MO)

Zane Schoenfeld v. Tranvis Sides

This appeal involves the distinction between claims of false arrest
and malicious prosecution. When someone is falsely arrested or
maliciously prosecuted, state actors face potential liability under 42 U.S.C.
§ 1983. But the two claims differ: The claim of malicious prosecution is
confined to seizures (for purposes of the Fourth Amendment) based on
“‘legal process’” like a warr... More...
   $0 (04-17-2018 - CO)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

David M. Hopper v. Phil Plummer, et al. Southern District of Ohio Federal Courthouse - Dayton, Ohio

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai... More...
   $0 (04-16-2018 - OH)

Julie Hautzenroeder v. Michael DeWine Southern District of Ohio Federal Courthouse - Columbus, Ohio

Due to her conviction for sexual battery, Julie Hautzenroeder
must forever comply with Ohio’s sex offender registration and notification laws. After her
release from prison and community control, Hautzenroeder filed a habeas petition under 28
>
No. 17-3395 Hautzenroeder v. DeWine Page 2
U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. TheMore...
   $0 (04-16-2018 - OH)

DARREN LEON DUNCAN V. STATE OF ARKANSAS

Darren Duncan was convicted of capital murder in connection with the death of
Courtney London. The State waived the death penalty, and therefore Duncan received a
life sentence without the possibility of parole as required by law. Duncan makes a single
argument on appeal. He contends that the trial court erred in allowing Latrenda Gibson to
testify and, in the alternative, in d... More...
   $0 (04-15-2018 - AR)

ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES Arkansas Supreme Court

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees... More...
   $0 (04-15-2018 - AR)

Adrian Jerome Parker v. The State of Texas

Adrian Jerome Parker rendered his open guilty plea to the trial court in Gregg County, on
all four counts of the indictment against him, and pled true to a sentence-enhancement allegation.
The trial court found Parker guilty of all four charges, found the enhancement allegation true, and
sentenced Parker to forty-five years’ imprisonment on each of Count I (engaging in organized More...
   $0 (04-15-2018 - TX)

STATE OF KANSAS v. ETHAN D. BENNETT

Beginning in January 2016, the Clay County Sheriff's Department began conducting trash pulls and surveilling a residence in Clay Center. Cassie Kerr lived there with her husband, Greg Baxter, and her father, Kenneth Baker. During this time, the department received complaints and information about that residence and observed much traffic in and out of the home. On February 19, 2016, the sheriff's d... More...   $0 (04-14-2018 - KS)

CITY OF GODDARD v. JON P. FREISTUHLER

On February 12, 2015, at approximately 2:47 a.m., Goddard Police Sergeant Lance Beagley was traveling east on U.S. Highway 54 within the city limits of Goddard. Officer Beagley observed a pickup truck approaching from the other direction, which appeared to be traveling faster than the posted speed limit. There was very little traffic at that time of night. Using his rear window radar antenna, Offi... More...   $0 (04-14-2018 - KS)

STATE OF KANSAS v. ALFRED ROCHELEAU Agg Indecent Solicitation child

On March 29, 2013, Rocheleau pleaded guilty to one count of aggravated indecent solicitation for a crime occurring between December 2010 and September 2011. The ex post facto issue arises because the 2011 Legislature amended KORA to increase the registration term for Rocheleau's crime from a 10-year period to lifetime. See L. 2011, ch. 95, § 6. Rocheleau argues his registration should be governed ... More...   $0 (04-14-2018 - KS)

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

Brian Goodrich and Patricia Goodrich v. Cimline, Inc. and Garlock Equipment, Inc. District of Massachusetts Federal Courthouse - Worcester, Massachusetts

Worcester, MA - Brian Goodrich and Patricia Goodrich, individually and as mother and next friend of S.M.G. and S.L.G., sued Cimline, Inc. and Garlock Equipment, Inc. on product liability theories claiming that they were injured and harmed as a direct result of a defect in the crack sealing machine and fell on Brian and injured him in 2013.

Brian was changing the oil in the machine when ... More...
   $8500000 (04-14-2018 - MA)

United States of America v. Rotech Healthcare, Inc. Eastern District of Texas Federal Courthouse - Beaumont, Texas

Beaumont, TX - Rotech Agrees To Pay $9.68 Million To Settle False Claims Act Liability Related To Improper Billing For Portable Oxygen

Rotech Healthcare Inc., a Florida-based respiratory equipment supplier, agreed to pay $9.68 million for knowingly submitting false claims for portable oxygen contents to Medicare. As part of the settlement, Rotech admitted that it knowingly billed portab... More...
   $9680000 (04-13-2018 - TX)

Association for Accessible Medicines v. Brian E. Frosh, et al. District of Maryland Federal Courthouse - Baltimore, Maryland

The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce ... More...   $0 (04-13-2018 - MD)

Mary McGinnis and Thomas McGinnis v. C.R. Bard, Inc. Bergen County Courthouse - Hackensack, New Jersey

Hackensack, NJ - Mary McGinnis and Thomas McGinnis sued C.R. Bard, Inc. on product liability and loss of consortium theories claiming that they were damaged and harmed as a direct result of the use of Defendant's pelvic mesh implant product. Plaintiffs claimed that Mary was inadequately informed of the risks associated with the use of the product to treat her gynecological problems.

The p... More...
   $68000000 (04-13-2018 - NJ)

Philadelphia Taxi Association, Inc., et al. v. Uber Technologies, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia taxicab drivers, aggrieved by the influx of
taxis hailed at the touch of an app on one’s phone, brought
this antitrust action to protest the entry of Appellee Uber
Technologies, Inc. (“Uber”) into the Philadelphia taxicab
4
market. The Philadelphia Taxi Association (“PTA”), along
with 80 individual taxicab companies (collectively,
“Appellants”), appeal the ... More...
   $0 (04-13-2018 - PA)

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