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Premises Liability Law
 
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)

UNITED STATES OF AMERICA v. CHISTOPHER WELSHANS

In February 2014, the Pennsylvania Office of Attorney General determined that child pornography was being shared by an Internet Protocol (IP) address associated with a subscriber later identified as Welshans’s aunt. Law enforcement agents executed a search warrant on her home on March 21, 2014 at 7:30 a.m. The agents found no child pornography, but learned that Welshans, who lived nearby, used t... More...   $0 (06-21-2018 - PA)

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)

UNITED STATES OF AMERICA v. EDWIN CABRERA-RIVERA United States Court of Appeals For the First Circuit

Appellant Edwin Cabrera-Rivera
("Cabrera") was charged in a two-count indictment with production
and possession of child pornography. In a deal with the
government, he agreed to plead guilty to the possession count --
an offense with no mandatory minimum sentence -- and the government
agreed to dismiss the production count -- an offense with a
mandatory fifteen-year ... More...
   $0 (06-21-2018 - )

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

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)

COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON

During the fall of 2010, Thompson (who was at that time twenty-years~
old) became enamored with Mindy,3 a student at North Hardin High School. ., On October· 17, 2010, Mindy, who was concerned about Thompson's recent
·behavior towards her, con~cted the police to inform th~m about information
displayed on his Facebook page. Thompson's Facebook page did not list his
real name, bu... More...
   $0 (06-20-2018 - KY)

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)

Derek W. Cole v. City of Aurora, Colorado, et al. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Derek W. Cole, a Colorado-licensed attorney appearing pro se, appeals the
district court’s dismissal of his claims against the City of Aurora, the Aurora City
Council, the Aurora Police Department, Sergeant Tim E. Genaro, several other
named individuals, and multiple Doe defendants. We exercise jurisdiction under
28 U.S.C. § 1291 and affirm.
I. BACKGROUND
Mr. Cole leased sp... More...
   $0 (06-19-2018 - CO)

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)

STATE OF OHIO vs. NEEKO GORDON

On August 25, 2016, Robert Holsey (“Holsey”) agreed to purchase marijuana from Gordon. Holsey and Gordon knew each other from playing basketball at Trent Park. Nieves drove Holsey to the marijuana-purchase- meeting place on W. 38th Street in Cleveland. As Nieves and Holsey drove toward the meeting place, they saw Gordon, became suspicious, and started to drive away. Through the side mirror... More...   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- SABIN J. SOWERS

The relevant facts and procedural history are as follows: {¶4} On March 13, 2017, Ronald Scurlock noticed that large truck batteries were missing from pallets, as well as from various vehicles in and outside of the buildings on the premises of a business he owns in Trinway, Ohio. On March 14, 2017, he noticed more batteries missing. Scurlock started calling local scrapyards in search of the b... More...   $0 (06-19-2018 - OH)

STATE OF OHIO -vs- IVAN J. SMITH

The relevant facts and procedural history are as follows:
{¶4} On July 13, 2016, Muskingum County Sheriff’s dispatch received a
complaint about the odor of marijuana coming from the residence located at 128 Hamline
Ave., Zanesville, Ohio. The complaint also stated that the occupants at the residence
were trafficking in drugs.
{¶5} Colleena Johnson ("Colleena") and Appella... More...
   $0 (06-19-2018 - OH)

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. JAMES A. BENVENUTO

On August 9, 2016, investigators from the West Central Ohio Crime
Task Force (“WCOCTF”) were conducting surveillance on Vincent McKercher
(“McKercher”) in Allen County. (05/05/2017 Tr. at 8). McKercher had a history
of trafficking in marijuana. (Id. at 9). Investigators followed McKercher (in his
vehicle) from a barbershop in Lima, Ohio to a warehouse located at 519 N. Jac... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. TORACE D. WEAVER

The Children Services Division of the Montgomery County Department of Job and Family Services placed S.T. and his brother T.W. with Weaver and his wife for foster care on September 24, 2015. 1 Tr. of Proceedings 404:21-406:13. S.T. was approximately two years old at the time, and his brother was approximately three. Id. at 395:21-396:8. ... More...   $0 (06-19-2018 - OH)

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)

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