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Mitigation of Damages Law
 
United States of America v. Lee Boyd Malvo v. Randall Mathena, Chief Warden, Red Onion State Prison Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

In Virginia in 2004, a defendant convicted of capital murder, who was at least 16 years old at the time of his crime, would be punished by either death or life imprisonment without the possibility of parole, unless the judge suspended his sentence. After a Virginia jury convicted Lee Boyd Malvo of two counts of capital murder based on homicides that he committed in 2002 when he was 17 years old, i... More...   $0 (06-24-2018 - VA)

Gerald Carroll v. E One, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Plaintiffs are firefighters who allege that they suffered hearing losses caused by the loud noise emitted by a manufacturer’s fire sirens. A perfunctory investigation conducted by the manufacturer during discovery revealed the firefighters’ lawsuit to be clearly time-barred, and also revealed that one firefighter had not even suffered hearing loss attributable to noise exposure. Eventually, Plaint... More...   $0 (06-23-2018 - PA)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER SCOTT FUTRELL

On January 31, 2015, Ryan Platt's vehicle was parked at an event that his business, RP Entertainment, was hosting. Platt alleged that, on that evening, someone smashed one of the windows of his vehicle and took approximately $5,000 in cash from within.

Almost three weeks later, Platt reported another crime. He claimed that, on February 20, 2015, someone cut open the screen door to his ... More...
   $0 (06-22-2018 - KS)

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)

Carlos G. Bertonatti vs. The State of Florida

At approximately 8:00 a.m., Bertonatti veered his vehicle into the bicycle
lane on Bearcut Bridge; struck and killed a bicyclist, Christophe Lecanne; failed to
stop or attempt to render aid to Mr. Lecanne; and subsequently fled from the police
when they pursued and tried to stop him with lights and sirens activated. The
evidence revealed that the impact to the bicycle and to ... 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)

STATE OF OHIO - vs - MADISON K. COZZONE

Appellant was previously employed as a pharmacy technician in a
supermarket pharmacy. After the pharmacy received complaints from customers
indicating their prescriptions for various strengths of Oxycodone/APAP did not contain the
full amount of prescribed medication, the pharmacy surveillance footage was reviewed.
The footage showed appellant tampering with customer prescrip... More...
   $0 (06-20-2018 - OH)

State of Ohio v. Kareem M. Jackson

In 1998, Jackson was sentenced to death for the aggravated murders of Terrence Walker and Antonio Hunter. Jackson also received sentences of incarceration for convictions on multiple counts of kidnapping, aggravated robbery, and felonious assault. His convictions were affirmed on direct appeal. State v. Jackson, 92 Ohio St.3d 436 (2001). Jackson subsequently, and unsuccessfully, pursued relief thr... More...   $0 (06-20-2018 - OH)

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)

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 OHIO v. DALE A. GLENN

On March 8 and 9, 2016, Glenn went to several bars with a friend, Kendall Mabry; they arrived at the K-9 Club after 1:30 a.m. on March 9. Around 2:00 a.m., the victim, “Michael,”1 who was known to Glenn, also arrived at the K-9 Club. Almost immediately, Glenn and Michael got into a physical altercation, and Glenn was thrown out of the bar by K-9 Club security personnel. Glenn went back t... More...   $0 (06-19-2018 - OH)

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)

Angela Engle Horne v. WTVR, LLC, d/b/a CBS6 Eastern District of Virginia Federal Courthouse - Richmond, Virginia

On February 13, 2015, WTVR, LLC (“WTVR”) aired a news story about a county school system hiring a felon in violation of a Virginia state law. The news story implied that the felon lied about a prior criminal conviction on a job application, thereby committing a Class 1 misdemeanor. However, Angela Engle Horne, the unidentified felon in question, had disclosed her prior felony on her job applicatio... More...   $0 (06-18-2018 - VA)

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)

State of Wisconsin v. Anthony R. Pico

A jury convicted Anthony R. Pico of
sexually assaulting a young girl.1 Mr. Pico believes there is a
reasonable probability that, absent his trial counsel's alleged
constitutional ineffectiveness, this conviction would not have
occurred. The circuit court agreed, and so set aside his
1 The Honorable William J. Domi... More...
   $0 (06-18-2018 - WI)

R.W. DISTRIBUTORS, INC. V. TEXARKANA TRACTOR COMPANY

R.W. is a wholesale distributor of riding lawnmowers, and it supplied Texarkana
Tractor with “Exmark mowers” to sell in its stores. On April 26, 2016, Texarkana Tractor
filed suit against R.W. Texarkana Tractor’s complaint asserted in part as follows:

6. Plaintiff obtained a number of mowers from the Defendant for sale in its facilities in Pulaski County and Polk County, Arkan... More...
   $0 (06-18-2018 - AR)

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)

District of Minnesota Federal Courthouse - Minneapolis, Minnesota

This case is back to us after our reversal of the certification of a class
composed of individuals whose payment card information was compromised as a
result of the 2013 Target security breach. See In re Target Corp. Customer Data Sec.
Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). On remand, the district court2 recertified
the class after conducting a rigorous analysis. Class m... More...
   $0 (06-18-2018 - MN)

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)

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