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Proximate Cause Law
 
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)

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. 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 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)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

Cheryl Dalton v. Teva North America, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

Cheryl Dalton appeals the sum-mary judgment entered against her in this products liability case. The district court held that Dalton’s claims failed under Indiana law because she did not provide expert evidence on
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-1990
the issue of causation. Dalton contends that she did not have to provide expert evidence because... More...
   $0 (06-07-2018 - IN)

Carol J. Rees v. W.M. Barr & Company, Inc., et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

Plaintiffs-Appellants Carol J. Rees
(“Carol”) and Jeff Rees (“Jeff”) (collectively, “the Reeses”) appeal the district court’s grant of
summary judgment to Defendants-Appellees W.M. Barr & Company, Inc. (“Barr & Co.”), and
The Home Depot, Inc. (“HD Inc.”) in the Reeses’ civil action arising from injuries Carol sustained
while using Goof Off Professional Strength Remover (“Goof Off,”... More...
   $0 (06-04-2018 - OH)

STATE OF OHIO v. JEANNE HARRINGTON

On the morning of August 16, 2011, Harrington placed a call to the Avon Lake
Police Department to notify them that her husband had committed suicide. Upon arriving at the
marital residence, officers found the victim lying on a couch with his head wrapped in plastic.
They also found a purported suicide note that was typewritten, but signed in ink with the victim’s
name. The c... More...
   $0 (06-03-2018 - OH)

Mary McDonald v. City of Wichita, Kansas, Gary Rebenstorf District of Kansas Federal Courthouse - Wichita, Kansas

Mary McDonald appeals the district court’s entry of judgment after a jury
verdict in favor of defendants on her Title VII retaliation claim. She argues that the
jury was improperly instructed on the legal standard for retaliation. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
McDonald served as Chief Prosecutor for the City of Wichita, Kansas, under
the super... More...
   $0 (06-01-2018 - KS)

ALEJANDRO GARRIDO, TANYA HOOF, and TANYA HOOF as limited conservator for the minor child M.I. v. TEAM AUTO SALES, INC. Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Hoof and Garrido were involved in a romantic relationship and lived together with M.I. and several other family members in Rapid City. After Hoof’s personal vehicle became inoperable, she decided to purchase another one. On February 10, 2014, Hoof and Garrido went to TAS to search for a vehicle. [¶3.] TAS showed Hoof and Garrido a 1991 Honda Accord it had for sale. The vehicle had over 180,000... More...   $0 (05-27-2018 - SD)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Ivan Woltje v. International Church of the Foursquare Gospel, Inc. Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Wichita, KS - Ivan Woltje v. International Church of the Foursquare Gospel, Inc., a California Not-For-Profit Corporation doing business as Emmanuel Foursquare Church of Salina, Kansas on a personal injury negligence theory.

Plaintiff's Complaint Contained, in part, the following allegations:

"On October 15, 2015, Plaintiff was assisting as a cook with a hog-roast cookout during ... More...
   $0 (05-22-2018 - KS)

STATE OF OHIO - vs - GREGORY ALLEN CARROLL, a.k.a. GREGERY A. CARROLL

Appellant, Gregory Allen Carroll, a.k.a. Gregery A. Carroll, appeals from
the May 5, 2017 judgments of the Ashtabula County Court of Common Pleas,
sentencing him for robbery, theft from a person in a protected class, theft, and forgery
following a bench trial. On appeal, appellant raises issues involving ineffective
2
assistance of counsel, admissibility of evidence, and ... More...
   $0 (05-21-2018 - OH)

State of Ohio v. Tyrik M. McDonald-Glasco

By indictment filed October 13, 2016, plaintiff-appellee, State of Ohio, charged McDonald-Glasco with one count of murder in violation of R.C. 2903.02, an unspecified felony; one count of felony murder in violation of R.C. 2903.02, an unspecified felony; and one count of intimidation of a witness in a criminal case in violation of R.C. 2921.04, a third-degree felony. Both murder charges carried a... More...   $0 (05-21-2018 - OH)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

State of Tennessee v. Justus Onyiego

In January 2015, the Shelby County Grand Jury indicted the Appellant for two counts of aggravated rape based upon alternative theories. The indictment alleged the rapes occurred in September 2004, and the Appellant’s jury trial began on June 1, 2016. Although the Appellant does not contest the sufficiency of the evidence, we will summarize the evidence presented at trial.
The thirty-seven-yea... More...
   $0 (05-14-2018 - TN)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Kimmy McNair and Larry McNair v. Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil Pharmaceutical, Inc. Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...
   $0 (05-11-2018 - WV)

Randy Tindell v. Linda Murphy

Plaintiffs Randy and Linda Tindell bought a single family manufactured home
from defendant Linda Murphy in 2005 for $320,000. Defendant Christine Bradley
provided the appraisal. In 2009 the Tindells were unable to refinance the mortgage
because it is a manufactured home, not a modular home. The Tindells filed a fourth
amended complaint alleging Murphy and Bradley failed to disclose... More...
   $0 (05-08-2018 - CA)

STATE OF KANSAS v. TAYLOR ARNETT

After granting a petition for review in this case, the Kansas Supreme Court held that restitution may be ordered against a defendant in a criminal case if the loss to the victim was proximately caused by the crime of conviction. State v. Arnett, 307 Kan. 648, Syl. ¶ 7, 413 P.3d 787 (2018). The court reversed this panel's decision that the State failed to show a sufficient causal connection for res... More...   $0 (05-07-2018 - KS)

STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

STATE OF OHIO v. BRYSON WILLIAMS

Bryson Williams appeals from his conviction and sentence on one count of
murder (proximate result of felonious assault) with a firearm specification and one count
of discharging a firearm on or near prohibited premises.1
{¶ 2} Williams advances three assignments of error. First, he challenges the
weight of the evidence to sustain his convictions. Second, he alleges ineffective... More...
   $0 (04-30-2018 - OH)

UNITED STATES OF AMERICA v. CHARLES FLORES United States Court of Appeals For the First Circuit

When reviewing the denial of a motion to suppress, we
"take the facts as the trial court found them, consistent with
record support, adding uncontradicted facts where appropriate."
United States v. Almonte-Báez, 857 F.3d 27, 29 (1st Cir.
2017)(internal citation omitted).
This case has its genesis in a tip received by Thomas
Pappas, a Maine state trooper with thirteen... More...
   $0 (04-28-2018 - ME)

State of Vermont v. Jack Sawyer

Defendant Jack Sawyer appeals the trial court’s decision holding him without bail. Defendant is charged with four separate counts, each predicated on his alleged attempt to commit a crime, and three of which are punishable by life imprisonment. The sole question before this Court is whether the evidence of guilt is great that defendant attempted to commit any of the four charged crimes given the... More...   $0 (04-28-2018 - VT)

STATE OF OHIO -vs- MATHEW NICOLAS MIKU

Defendant-Appellant Mathew Nicolas Miku appeals his conviction for
murder and child endangering in the Court of Common Pleas, Stark County. Plaintiff
Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.
{¶2} On the late morning of March 4, 2016, paramedics from the Canton Fire
Department were dispatched to a residence on Dewalt Ave. NW in resp... More...
   $0 (04-26-2018 - OH)

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