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Mitigation of Damages Law
 
STATE OF KANSAS v. WENDELL E. TUMBERG

On May 28, 2015, Tumberg's girlfriend and her 9-year-old daughter, A.R., moved in with him. During the next 19 days, Tumberg sexually assaulted A.R. several times. After his girlfriend saw Tumberg and A.R. together in a bathtub, A.R. was taken to a hospital. A sexual assault examination revealed that A.R. had redness on her vaginal area.

When interviewed, A.R. described the incident in ... More...
   $0 (08-18-2018 - KS)

GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T... More...   $0 (08-17-2018 - CA)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

STATE OF NEW JERSEY v. DONNELL S. PERRY

Defendant Donnell S. Perry appeals his conviction for second degree robbery as an accomplice, N.J.S.A. 2C:15-1(a)(1) and 2C:2 6(a) (count one, amended from a first-degree robbery), contending: POINT I THE MOTION TO SUPPRESS IDENTIFICATIONS SHOULD HAVE BEEN GRANTED BECAUSE THE INCLUSION OF DEFENDANT'S PICTURE IN TWO ARRAYS WHERE HE WAS THE ONLY PERSON WITH A FACE MARK OR TATTOO, COUPLED WITH OT... More...   $0 (08-16-2018 - NJ)

United States of America v. Jeffrey Ray Townsend Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Tulsa, OK - Collinsville Man Sentenced To 30 Months in Prison for Receipt of Child Pornography

Jeffrey Ray Townsend, 52, of Collinsville, to 30 months in prison followed by 5 years supervised release. He will also have to register as a Sex Offender. The Court also imposed a mandatory Special Assessment of $5,100. Townsend pleaded guilty on May 8, 2018, to one count of accessing with in... More...
   $0 (08-16-2018 - OK)

Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district ... More...   $0 (08-16-2018 - OH)

Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati... More...   $0 (08-16-2018 - MI)

Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me... More...
   $0 (08-16-2018 - MI)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

STATE OF OHIO - vs - ZACHARY HARRIS

Defendant-appellant, Zachary Harris, appeals his convictions in the Butler County Court of Common Pleas after pleading guilty to two counts of aggravated murder. {¶ 2} Harris was part of a three-person team that killed Orlando Gilbert and Todd Berus. The three individuals were hired to retaliate against Gilbert for a shooting that took place several days earlier. On the day of the incident, ... More...   $0 (08-15-2018 - OH)

STATE OF OHIO - vs - DAVID MARTIN

On September 11, 2014, Martin was found guilty of the following: Aggravated Murder with specifications of Aggravating Circumstances and a Firearm Specification in violation of R.C. 2903.01(A) and (F), R.C. 2941.14(C), R.C. 2929.04(A)(5) and (7), and R.C. 2941.145 (Count Two); Attempted Aggravated Murder with a Firearm Specification in violation of R.C. 2923.02(A) and (E)(1), R.C. 2903.01(B) a... More...   $0 (08-15-2018 - OH)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

State of Ohio v. Reginald L. Greene

On August 15, 2005, a Franklin County Grand Jury indicted Greene for failure to pay court-ordered child support to his child, B. S., for 26 accumulated weeks of a 2-year period. (Aug. 15, 2005 Indictment 05CR-5445.) He pled guilty to that offense on February 13, 2006. (Feb. 13, 2006 Plea Tr. 05CR-5445, filed Nov. 17, 2017; Feb. 13, 2006 Plea Form 05CR-5445.) However, due to circumstances not ... More...   $0 (08-14-2018 - OH)

United States of America v. City of Minneakpolis District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Minneapolis, MN - Justice Department Reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination Complaint

The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleg... More...
   $0 (08-14-2018 - MN)

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)

James Tepper, Allison Tepper v. Amos Financial, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Many would gladly pay Tuesday for a hamburger
today. Of course, not all of those who fall into debt make
payments timely, and debt collection has become a
professional trade. The Fair Debt Collection Practices Act
(the “FDCPA” or “Act”), 15 U.S.C. § 1692, et seq., regulates
their efforts. Under it, debt collectors are prohibited from
engaging in deceptive, abusive, or other... More...
   $0 (08-13-2018 - Pa)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

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)

Leonard Mornes v. The State of Texas

Appellant shot and killed Jacqueline Armstead and Brigitte Manning at his home in Dallas, Texas on July 8, 2015. Armstead’s fifteen-year-old daughter Ja’Kaline Evans testified appellant, Manning, and Armstead were “hanging out,” smoking crack cocaine, and drinking beer at Armstead’s house that afternoon. Appellant, Manning, and Armstead left together after an hour or an hour and a half; Armst... More...   $0 (08-11-2018 - TX)

Dewayne Johnson v. Monsanto Company San Francisco County Courthouse - San Francisco, California

San Francisco, CA - Jury Awards Plaintiff $289 Million in Products Liability Case

Dewayne Johnson, age 46, sued Monsanto on a product liability theory claiming that he developed non-Hodgkin's lymphoma as a direct result of being exposed to Monsanto's Roundup (glyphosate) at work as a groundskeeper.

Mr. Johnson claimed that Monsanto failed to warn him of the risks associated wit... More...
   $289000000 (08-11-2018 - CA)

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)

Jimmy Wayne Cook v. The State of Texas

During a late-night delivery on December 30, 2015, delivery truck driver Cook,
complained to receiving dock worker Christopher Cowan about his ex-girlfriend, later identified
as Jessica. Cowan, who did not know Cook or Jessica, characterized the things Cook said about
Jessica as “horrible.” According to Cowan, Cook seemed particularly angry that Jessica was in a
new relations... More...
   $0 (08-10-2018 - TX)

STATE OF KANSAS v. CARLOS REYES and BIG MIKE'S BAIL BONDS

In June 2016, Reyes was charged with indecent liberties with a child and aggravated burglary. Bond was set at $100,000. Surety posted an appearance bond for Reyes, who then was released from custody. The bond guaranteed Reyes' appearance at the district court's direction. Reyes did not appear for his December 12, 2016 trial date, so the court ordered the forfeiture of Reyes' bond and issued a warr... More...   $0 (08-10-2018 - KS)

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