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Proximate Cause Law
 
Bryan Manning v. Donald Caldwell Western District of Virginia Federal Courthouse - Roanoke, Virginia

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a “habitual drunkard” or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia’s interdiction statu... More...   $0 (08-14-2018 - VA)

Carolyn Staats v. Vintner's Golf Club, LLC

Plaintiff Carolyn Staats nearly died after being attacked by a swarm of yellow
jackets while playing golf on a Yountville course operated by Vintner’s Golf Club, LLC
(Club). She sued the Club for general negligence and premises liability, but the trial
court granted summary judgment against her on the basis that the Club owed no duty to
protect its patrons from yellow jackets that ... More...
   $0 (08-05-2018 - CA)

STATE OF OHIO v. JERRY V. RAMEY, JR.

This case arises from the March 21, 2016, death of Earl Davis, Jr. Davis
was in his home located on Strand Avenue in Dayton when he was strangled to death by
Ramey. Ramey was indicted on one count of murder (proximate cause aggravated
burglary) in violation of R.C. 2903.02(B), one count of murder (proximate cause felonious
assault) in violation of R.C. 2903.02(B), one count o... More...
   $0 (08-04-2018 - OH)

Christopher Mielo and Sarah Heinzl v. Steak 'N Shake Operations, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

In this class action lawsuit, two disability rights advocates have sued Steak ’n Shake under the Americans with Disabilities Act (“ADA”). Alleging they have personally experienced difficulty ambulating in their wheelchairs through two sloped parking facilities, these Plaintiffs seek to sue on behalf of all physically disabled individuals who may have experienced similar difficulties at Steak ’n Sh... More...   $0 (08-02-2018 - PA)

STATE OF SOUTH DAKOTA v. DAVID LEONARD RANDLE, JR.,

On October 24, 2015, a group of young adults attended a party at a Sioux Falls condominium leased by Mason Mitzel. There was evidence that the partygoers were drinking and using marijuana and other illegal substances. [¶3.] At some point during the evening, an AK-47 owned by Mitzel was brought out amongst the partygoers. There was testimony that different individuals handled the AK-47. Several... More...   $0 (08-02-2018 - SD)

State of Vermont v. Lucas Dwight

Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...   $0 (08-01-2018 - VT)

State of Tennessee v. James Douglas Hamm, Jr.

In November 2014, the Sullivan County Grand Jury charged the defendant with vehicular homicide by intoxication, leaving the scene of an accident involving death, two counts of reckless endangerment, failure to exercise due care, and running a red light; the defendant was also charged with alternative counts of driving under the influence: driving under the influence of an intoxicant, driving with ... More...   $0 (08-01-2018 - TN)

STATE OF OHIO v. FRED TAYLOR, JR.

On Memorial Day 2016, Mr. Taylor was at a cookout at an apartment complex on
Nadia Court in Akron, commonly referred to as the Rosemary Apartments. There were multiple
cookouts occurring at the apartment complex that day. The cookout that Mr. Taylor attended
included the victim, Javon Knaff, and two witnesses who testified at trial, D.H.-B. and T.O.
{¶3} At some point during t... More...
   $0 (07-31-2018 - OH)

STATE OF OHIO v. LUCKIE J. DAYTON, III

In April 2015, Dayton’s children, M.R.D., M.A.D., M.D., and I.D., as
well as Dayton’s stepdaughter, P.W., were removed from Dayton’s home following
an allegation by P.W. that Jessica Dayton (“Jessica”), Dayton’s wife, was physically
abusing M.R.D. and M.A.D. At first, Dayton was permitted to visit with his children
because only Jessica was charged with endangering children. H... More...
   $0 (07-31-2018 - OH)

Marnika Lewis, et al. v. Governor of Alabama, et al. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

For a single day in February 2016, Marnika Lewis and Antoin Adams secured a pay raise. The Mayor of Birmingham, Alabama, William Bell, had just affixed his signature to Birmingham Ordinance No. 16-28, which guaranteed Lewis, Adams, and all other wage earners in the city $10.10 per hour. But the following afternoon, Alabama Governor Robert Bentley signed the Minimum Wage and Right-to-Work Act (The ... More...   $0 (07-31-2018 - AL)

Oscar Peredia v. HR Mobile Services, Inc.

This appeal addresses the circumstances under which a safety consultant retained
by a California employer owes a duty of care to the employer’s workers. California
recognizes the common law theory of negligent undertaking, which is described in
section 324A of the Restatement Second of Torts (section 324A). Our Supreme Court set
forth the five elements of a negligent undertaking ca... More...
   $0 (07-31-2018 - CA)

Mindy Armstrong v. The Arcanum Group, Inc. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mindy Armstrong was employed by The Arcanum Group, Inc., which serves as a placement agency to staff federal-government positions. She was placed with the Real Estate Leasing Services Department of the Bureau of Land Management (BLM). After she complained that BLM employees were falsifying lease-related records, the BLM
2
demanded that Arcanum remove her from the placement. Her Arcanum sup... More...
   $0 (07-30-2018 - CO)

Marcia Eisenhour v. Weber County, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiff Marcia Eisenhour worked for 24 years as a court administrator for the Weber County Justice Court. In 2008, when her supervisor was Judge Craig Storey, the only judge of that court, she complained to the county attorney about sexual harassment by Storey. The matter was referred to Utah’s Judicial Conduct Commission, which found no misconduct. Eisenhour then went public in 2009, and the pr... More...   $0 (07-30-2018 - UT)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...   $4000000 (07-29-2018 - WA)

BUILDING ERECTION SERVICES COMPANY, INC. v. WALTON CONSTRUCTION COMPANY, INC. and AMERICAN HOME ASSURANCE COMPANY

This case concerns problems with the construction of a press box at the University of Kansas (KU) Memorial Stadium almost 20 years ago. It now comes before this court for a third time. On the first appeal, the court held that Building Erection Services Company, Inc. (BESCO), one of the subcontractors on the project, was contractually obligated to indemnify Walton Construction Company, Inc. (Walton... More...   $0 (07-22-2018 - KS)

STATE OF OHIO v. ERIC J. TURNER

The events in question occurred on January 1, 2017, when Turner willfully eluded an officer after being signaled to stop and ultimately crashed his car into an OSHP cruiser. On January 5, 2017, Turner was indicted for failure to comply, vandalism (of the cruiser), receiving stolen property (a stolen license plate on the car he was driving), OVI, and aggravated possession of drugs (Percocet).... More...   $0 (07-20-2018 - OH)

Calvin Fletcher, Sr. v. Joseph Tomlinson Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis Police Department (SLPD) Officers Nicholas Martorano and John
Moton appeal from the district court’s judgment, 1 entered upon a jury verdict, finding
that they used excessive force in their apprehension and arrest of Calvin Fletcher and
awarding damages to Fletcher totaling $600,000. They raise three issues on appeal:
(1) the district court erred in allowing Fletcher to r... More...
   $0 (07-18-2018 - MO)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Angela Belfiore-Braman v. D. Daniel Rotenberg, M.D. Glass Office Floor Mats

Plaintiffs and appellants Angela Belfiore-Braman and Stephen Braman
(sometimes together Plaintiff) appeal a defense judgment entered on a jury verdict, in
their medical malpractice action against defendant and respondent D. Daniel Rotenberg,
M.D. (Defendant), an orthopedic surgeon. The jury found Defendant was not negligent
in the care and treatment of Ms. Belfiore-Braman during t... More...
   $0 (07-15-2018 - CA)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

Anthony Robinson and Timothy Spangler v. Albert Perales and Board of Trustees of the University of Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Anthony Robinson and Timothy
Spangler, police officers employed by the University of Illinois
at Chicago Police Department (“Department”), brought claims
against the University of Illinois Board of Trustees and four
individuals for race‐based discrimination, harassment and
retaliation. The district court disposed of all but one of the
claims through summary judgment. ... More...
   $0 (07-07-2018 - IL)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

STATE OF KANSAS v. MATTHEW D. WILSON

The underlying facts are not disputed. As this court recited in Wilson's first appeal:

"Dustin Ferguson and Joel Solano lived in an apartment directly across the hall from Wilson. Sometime around 2 a.m. on April 7, 2013, Ferguson returned to the apartment with Michael Lowery, Alexya Mailea, and Christine Kim after a night out in Aggieville. Around 4 a.m., Ferguson and his three guest... More...
   $0 (07-06-2018 - KS)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

Security Bank & Trust Company vs. Larkin, Hoffman, Daly & Lindgren, Ltd.

Larkin drafted a will and revocable trust agreement for Gordon P. Savoie in 2009.
Following a number of specific bequests, Article 7 of the trust agreement directed that 45
percent of the remaining trust assets be distributed to a beneficiary who was more than 37.5
years younger than Savoie. As a result, the distribution was subject to a
generation-skipping transfer tax total... More...
   $0 (07-04-2018 - MN)

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