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Products Liability Law
 
LINDA BERNING v. KANSAS DEPARTMENT OF REVENUE

In April 2014, at around 10 p.m. on a Sunday, Deputy Kristopher Casper saw a vehicle with its lights on and door open, parked at the back of the Bluebird bar. He believed the vehicle belonged to Linda Berning, who ran the Bluebird. He was not concerned at that time. He had met Berning before. But he knew the Bluebird was closed on Sundays. A short time later, Deputy Casper saw the vehicle leave th... More...   $0 (08-19-2018 - KS)

United States of America v. The Walt Disney Company, et al. Southern District of New York - New York, New York

New York, NY - The United States of America sued The Walt Disney Company and Twenty-First Century Fox, Inc. on clayton Act violation theories.

COMPETITIVE IMPACT STATEMENT
Plaintiff United States of America ("United States"), pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA" or "Tunney Act"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement r... More...
   $0 (08-19-2018 - NY)

United States of America v. Roger Duane Goodwin Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Des Moines, IA - Central Iowa Insurance Agent Convicted of Defrauding Clients

On August 9, 2018, following a four-day trial, a jury found Roger Duane Goodwin, age 59, of Windsor Heights, guilty of seven counts of mail fraud. The jury also determined Goodwin’s residence in Windsor Heights and two Harley Davidson motorcycles are subject to forfeiture

During trial, the government pr... More...
   $0 (08-18-2018 - IA)

Debbie Sheltra, et al. v. Nevada Division of Forestry

Reno, NV - Jury Finds Nevada Forestry Department Grossly Negligence

Debbie Sheltra sued the Nevada Division of Forestry and the University of Nevada on a governmental tort claim negligence theory claiming that her house was burned down in 2016 as a direct result of gross negligence.

The State apparently admitted some fault starting and managing a controlled burn that got out of c... More...
   $0 (08-18-2018 - NV)

Benjamin Thomas Reavis and Kristi Carol Reavis, individually and as next frient of Owen and Emily Reavis v. Toyota Motor Corporation and Toyota Motor Sales Dallas County Courthouse - Dallas, Texas

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

STATE OF KANSAS v. JONELL K. LLOYD

The facts supporting the conviction were set out in State v. Lloyd, 299 Kan. 620, 325 P.3d 1122 (2014):

"Chavira Brown was 17 months old when she was found dead in the attic of Lloyd's house. She was born to Jessica Jackson, who believed Lloyd was the child's father, so he occasionally watched Chavira. Lloyd lived with his girlfriend, Tameika Loudermilk, and their 8-month-old son. More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. WILLIE FLEMING

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...
   $0 (08-17-2018 - KS)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

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

Deborah Brabant-Scribner incurred half a million dollars in tax liabilities,
waited until the IRS was on the brink of taking her home, and then offered to pay a
tiny fraction of her debt. She now argues that the district court1 could not approve the
seizure of her home until the IRS first responded to her offer. She is mistaken.
When this case began, Brabant-Scribner owed $577,940.... More...
   $0 (08-17-2018 - MN)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

Leta Penrod v. Nancy A. Berryhill (Commissioner, Social Security Administration) Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Leta Penrod brings this appeal on behalf of
her deceased husband, Tod Penrod, who before his death applied
for disability insurance benefits based on various impairments,
including arthritis, diabetes, and high blood pressure.
An administrative law judge determined that, despite
2 No. 17‐2973
these impairments, Penrod retained the capacity to work
through his last... More...
   $0 (08-17-2018 - IN)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

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)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

UNITED STATES OF AMERICA –v.– MERLIN ALSTON

Alston worked as a New York City police officer from 2006 until his arrest in July 2   2015. A few years into his law enforcement career, however, he began serving as an 3   armed driver for his childhood friend, Gabriel Reyes, who sold marijuana, cocaine, and 4   MDMA. Alston knew that Reyes was dealing drugs, but he never reported Reyes to 5   authorities or encouraged Reyes to stop. To the cont... More...   $0 (08-16-2018 - NY)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

STATE OF NEW JERSEY v. JOY J. JEFFERSON, a/k/a JOY J. JEFFESON

Defendant appeals from her convictions, after a jury trial, of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1); NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. KEITH HARRIS

In the fall of 2013, defendant began work as a civilian institutional trade instructor at NJSP. He trained and monitored inmates in food preparation. Roughly eight months before he started, the Department of Corrections banned tobacco from the State's prison system. A black market emerged, as inmates were willing to pay a premium to obtain tobacco products.

3 A-0933-16T3 ... More...
   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. SURAJ R. DESAI

The following facts are taken from the trial record. In the early morning hours of November 16, 2013, Woodbridge Police Department Officer Bryan Dorward observed a black BMW enter U.S. Route 1 at a high rate of speed and cross into the middle right lane without signaling. Officer Dorward stopped the vehicle, which was operated by defendant. When the officer asked defendant for identificat... More...   $0 (08-16-2018 - NJ)

STATE OF NEW JERSEY v. DAQUAN KEATON, a/k/a DAY DAY, DA QUAN KEATON, DAQUAN J. KEATON, and DAQUAN S. KEATON

Defendant Daquan Keaton was tried to a jury for the murder of Lamar Glover, on a theory of accomplice liability, and the shooting of Raymond Kozar. He was tried alone. The jury convicted him of knowing or purposeful murder, N.J.S.A. 2C:11 3(a)(1) and (2); two counts of second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a); one count of second-degree unlawful pos... More...   $0 (08-16-2018 - NJ)

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 - )

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)

Malcolm Kelso v. Christine A. Butler, et al. Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

After plaintiff Malcolm Kelso rested his case, opposing counsel moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50. The district court granted the motion. Kelso requests that we reverse and remand, contending that the motion did not “specify . . . the law and facts that entitle[d] the movant to the judgment.”1 We affirm the district court’s judgment.
Case: 15-... More...
   $0 (08-14-2018 - LA)

William S. Kaye v. Blue Bell Creameries, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Bruno’s Supermarkets, LLC (“the Debtor”) filed for bankruptcy under Chapter 11. In administering and ultimately liquidating the bankruptcy estate, the Trustee filed an adversary proceeding against Blue Bell Creameries, Inc. (“Blue Bell”) to recover monies the Trustee contended were owed by Blue Bell to the estate. Specifically, the Trustee sought to recover from Blue Bell more than $500,000 in a s... More...   $0 (08-14-2018 - AL)

STATE OF OHIO -vs- PEDRO MONTALVO, JR.

The relevant procedural facts leading to this appeal are as follows. {¶4} The investigation into Appellant Pedro Montalvo began on October 3, 2014, when Detective Rick Steller was checking law enforcement software which had downloaded child pornography from a computer in Mount Vernon, Ohio. (T. at 134). Det. Steller is a member of the Grove City Police Department, assigned to the Franklin Cou... More...   $0 (08-14-2018 - OH)

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