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Product Liability Law
 
IIG Wireless, Inc. v. John Yi and Lauren Kim

The parties appeal and cross-appeal a judgment after a jury trial in this
business dispute. Plaintiff and cross-defendant IIG Wireless, Inc. (IIG) obtained a
judgment of $401,860 against defendant and cross-complainant John Yi. IIG also sued
Lauren Kim, Yi’s fiancée, who moved for and was granted a nonsuit during trial. Yi
obtained a judgment on his cross-complaint for $122,000, re... More...
   $0 (04-25-2018 - CA)

United States of America v. Karen D'Onofrio v. Vacation Publications, Inc. d/b/a Vacations To Go Southern District of Texas Courthouse - Houston, Texas

In this employment dispute, Karen D’Onofrio sued her former employer,
Vacations to Go (“VTG” or “Vacation”), a division of Vacation Publications, Inc.,
the largest seller of ocean-going cruises in the world, for interfering with her
rights under the Family Medical Leave Act. Vacation counter sued, alleging
that Karen and her husband, Michael D’Onofrio, breached Karen’s covenant
... More...
   $0 (04-24-2018 - TX)

George Matthew Sapp v. The State of Texas

Sapp lived with his common-law wife Priscilla2 and their three daughters:
Emily, who was seven years old; Brooke, who was six years old; and Allison,
who was five years old. While attending church, Sapp and Priscilla met a
nineteen-year-old woman named Dusti who told them that she was having some
problems at home, and they allowed her to move in with them.
Shortly afte... More...
   $0 (04-24-2018 - TX)

United States of America v. Robert "Larry" Lytle, Ronald D. Weir and Irina Kossovskaia Federal Courthouse - Rapid City, South Dakota

Rapid City, SD - Three Conspirators Sentenced in $16.6m Fraudulent Medical Device Scheme
Trio Marketed Laser Devices to Elderly Consumers as Cure-All

Three defendants who marketed and sold light-emitting medical devices as a cure-all to consumers, primarily targeting the elderly, were sentenced on April 20, 2018 by a federal judge in Rapid City, South Dakota.

Robert “Larry” ... More...
   $0 (04-24-2018 - SD)

Jackie Wade Herrell Jr v. The State of Texas

On May 1, 2003, Herrell was convicted of sexual assault of a child under
seventeen years of age and sentenced to two years’ confinement. See Tex.
Penal Code Ann. § 22.011(a)(2)(A) (West Supp. 2017). As a result of that
conviction, he was required to register as a sex offender after his release. See
Tex. Code Crim. Proc. Ann. arts. 62.001(5)(A), 62.051(a) (West Supp. 2017). ... More...
   $0 (04-23-2018 - TX)

State of Nebraska v. James Cotton

On August 7, 2015, Cotton shot and killed Trevor Bare.
During the evening prior to the shooting, Bare saw Cotton in
the apartment immediately above his own. Because Cotton and
Bare had a negative history together, Bare confronted Cotton
and an argument ensued. After the initial altercation, Bare and
his girlfriend, McKayla Burnette, left the apartment house. A
couple of hou... More...
   $0 (04-23-2018 - NE)

STATE OF MONTANA v. MYKEL THOMAS O’MALLEY SUPREME COURT OF THE STATE OF MONTANA

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 A jury in the L... More...
   $0 (04-23-2018 - MT)

STATE OF IOWA vs. DANIELLE ABANG-NTUEN

On July 14, 2015, Danielle Abang-Ntuen, her sister, Beatrice Abang-Ntuen,
and their mother, Wonetah Einfeldt,1 went to the home of Mulika Vinson to resolve
a dispute between Danielle and Mulika. A physical altercation eventually ensued
between Danielle, Beatrice, and Wonetah against Mulika, but the parties dispute
the order of events and who initiated the exchange. Mulika was... More...
   $0 (04-23-2018 - IA)

David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

Since the early 1980s, Violet Dock had owned and operated a 75-acre
private industrial port on the Mississippi River in St. Bernard Parish (the
“Property”). Until 2009, Mr. Ruppel was a shareholder/member of Violet Dock.
At that time, Mr. Ruppel was nearing 90 years old, and he divested himself of his
minority interest in Violet Dock.
In December 2010, St. Bernard Port f... More...
   $0 (04-22-2018 - LA)

STATE OF LOUISIANA VERSUS PHARAOH BRAZELL

On August 22, 2014, defendant was charged by grand jury indictment with
(Count 1) attempted first degree murder, (Count 2) aggravated rape,2 and (Count 3)second degree kidnapping of K.H.3 At his arraignment on August 27, 2015,
defendant pled not guilty to all charges. On January 5, 2016, the State amended
Count 1 of the indictment from attempted first degree murder, a violation of... More...
   $0 (04-21-2018 - LA)

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)

James Baxter and Frances Baxter v. St. Jude Medical S.C., Inc. and Abbot Laboratories Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Central Islip, NY - James Baxter and Frances Baxter sued St. Jude Medical S.C., Inc. and Abbot Laboratories on a personal injury, health care, pharmaceutical personal injury product liability theories.
... More...
   $0 (04-19-2018 - NY)

Sherman Heller v. Luis Zumba and Arana Gustavo Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

New York, NY - Sherman Heller sued Luis Zumba and Arana Gustavo on auto negligence opinions.

04/09/2018 25 OPINION AND ORDER: re: 20 MOTION for Summary Judgment filed by Sherman Heller. For reasons set forth above, the motion for partial summary judgment on the issue of Defendants' liability is granted. The Clerk of Court is directed to terminate the partial summary judgment motion at EC... More...
   $0 (04-19-2018 - NY)

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)

Neal Everett Bland v. The State of Texas

On the morning of December 21, 2012, Godwin Mathew picked up Joshua
Woods so they could go to Willowbrook Mall and purchase several pairs of limited
release Air Jordan Retro 11 shoes. After they made their purchases and were exiting
the mall, a young man approached them and asked to buy one of their pairs of shoes.
Mathew quoted a price but the man declined to buy them. When... More...
   $0 (04-18-2018 - TX)

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)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

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