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Liability Without Fault Law
 
STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

STATE OF KANSAS v. DANIEL BARLETT

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...
   $0 (06-22-2018 - KS)

Natasha Meeks v. Autozone, Inc

Plaintiff and appellant Natasha Meeks contends that she suffered sexual
harassment on the job. She brought suit against her employer, defendant and appellant
AutoZone, Inc. (AutoZone), and the alleged harasser, defendant and appellant Juan
Fajardo, pursuing claims of sexual harassment, failure to prevent sexual harassment, and
retaliation in violation of the Fair Employment and Hou... More...
   $0 (06-22-2018 - CA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

United States ex rel. Van Raalte, et al. v. Healogics, Inc. Middle District of Florida Federal Courthouse - Orlando, Florida

Orlando, FL - Healogics Agrees To Pay Up To $22.51 Million To Settle False Claims Act Liability For Improper Billing Of Hyperbaric Oxygen Therapy

The Justice Department announced on June 20, 2018 that Healogics, Inc. has agreed to pay up to $22.51 million to settle allegations that it violated the False Claims Act by knowingly causing wound care centers to bill Medicare for medically unn... More...
   $0 (06-21-2018 - FL)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

Sean Stentiford v. Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Boston, MA - Jury Awards $18.4 Million In Damages To Plaintiff On Medical Malpractice Claim

Sean Stentiford sued Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. on personal injury medical malpractice theory claiming the he was not tested and was not treated for HIV with the result that he developed AIDS.

02/05/2018 93 Assented to MOTION for Hearing by John Doe.(Angueira, Dav... More...
   $18400000 (06-20-2018 - MA)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

Auto-Owners Insurance Company v. Jennifer Csaszar District of Colorado Federal Courthouse - Denver, Colorado

Auto-Owners Insurance Company provided automobile insurance to Frank
and Nancy Csaszar and their daughter, Jennifer.1 But when that policy’s term
came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of
their daughter’s driving record, it would only renew their policy if it excluded her
from coverage. The Csaszars agreed. The policy accordingly included an
“e... More...
   $0 (06-19-2018 - CO)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

State of Oklahoma v. Richard Patrick Spaulding and Sonia R. Weidenfelder

Tulsa, OK - Jury Convicts Defendant of Murder and Recommends Life In Prison Sentence

The State of Oklahoma with Richard Patrick Spaulding and Sonia R. Weidenfelder:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 11/06/2016
Party Name Disposition Information
WEIDENFELDER, SONIA R Disposed: CONVICTION, 06/01/2... More...
   $0 (06-19-2018 - OK)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Geraldine Templo v. State of California

Appellants Geraldine and Mark Templo (the Templos) brought an action for
declaratory relief against respondent State of California (State), claiming that a statute
requiring litigants to pay a nonrefundable fee in order to secure a jury trial is
unconstitutional. The trial court granted the State’s motion for judgment on the pleadings
on the ground that the State is not a proper de... More...
   $0 (06-18-2018 - CA)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

Michele Cole v. Historic Mission Inn Corporation

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...
   $0 (06-18-2018 - CA)

Kimberly Flanagan v. Office of the Chief Judge of the Circuit Court of Cook County Northern District of Illinois Courthouse - Chicago, Illinois

Kimberly Flanagan says that two coworkers
threatened her life because she previously had sued their
shared employer—the Cook County Adult Probation Department—
for discrimination and retaliation. She brought the
present action against the Department, asserting retaliation
under Title VII, 42 U.S.C. § 2000e-3(a), based on the hostile
2 No. 16-1927
work environment engend... More...
   $0 (06-17-2018 - IL)

Roy Michael Geisendorff v. The State of Texas

The record before us is, frankly, disturbing. We are provided both witness testimony about the events resulting in Appellant’s arrest and dash-camera stills and video records of a portion of those events. Abner Jonathan Enriquez worked as the manager’s right-hand man at the Albertsons Market Street in Odessa. On July 10, 2015, at a little after 12:00 p.m., he saw a man he identified as Appellant ... More...   $0 (06-16-2018 - TX)

Erick Peoples, et al. v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiffs-Appellants are eleven minority firefighters who were laid off by the City of Detroit (“City”) in August 2012 as part of a reduction in force (“RIF”). Plaintiffs brought suit against the City and their union, the Detroit Fire Fighters Association, Local 344, IAFF, AFL-CIO (“DFFA”), alleging that they were laid off in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 200... More...   $0 (06-16-2018 - MI)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Tamara Skidgel v. California Unemployment Insurance Appeals Board

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...
   $0 (06-15-2018 - CA)

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