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Punitive Damages Law
 
STATE OF MONTANA v. TERRANCE LEE BRAUNER, a/k/a TERRY-LEE SUPREME COURT OF THE STATE OF MONTANA

In April 2011, Erickson and Gene Johnson (Johnson) were involved in an
altercation, which ended when Erickson struck Johnson in the face, causing Johnson to fall
to the pavement and hit his head. Johnson sustained a serious injury that required
significant medical treatment. In February 2013, a jury found Erickson guilty of criminal
endangerment, a felony in violation of § 45-... More...
   $0 (01-19-2018 - )

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Nicholas Lewis v. Scottrade, Inc. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Nicholas Lewis filed this putative class action against Scottrade, Inc., a
securities brokerage firm, alleging violations of the Missouri Merchandising Practices
Act, Mo. Rev. Stat. §§ 407.010 et seq., breach of a common law fiduciary duty, and
unjust enrichment. After Lewis filed the action in the Southern District of California,
it was transferred to the Eastern District of Misso... More...
   $0 (01-18-2018 - MO)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

William Bustos v. Global P.E.T., Inc.

Plaintiff and appellant William Bustos brought this disability discrimination action
against his former employers, defendants and respondents Global P.E.T., Inc. and Global
Plastics, Inc. (collectively, Global). A jury found that Bustos’s physical condition or
perceived physical condition was “a substantial motivating reason” for his termination,
but nevertheless returned defense ... More...
   $0 (01-17-2018 - CA)

Sergio Gonzalez v. The State of Texas

In his first issue, appellants contends he was not properly admonished concerning the range
of punishment he would face if he pleaded guilty. Before the plea hearing, appellant received
written admonishments, which recited that he was charged with a first degree felony with a
punishment range of “5-99 years or Life and an optional fine not to exceed $10,000.00.” At the
hearing,... More...
   $0 (01-16-2018 - TX)

United States of America v. Lynn Moving and Storage, Inc., et al. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Louisville, KY - Kentucky Moving Companies Enter Into Consent Judgment To Resolve False Claims Allegations - Agree To Pay $264,826.52

Overcharged shipping costs associated with moving members of the United States Armed Forces

The United States entered into a Consent Judgment between several Kentucky moving companies and the United States over allegations that the companies defrau... More...
   $264826 (01-16-2018 - KY)

Salomon G. martinez v. Department of Health Care Services

The California Department of Health Care Services
(Department) moved to determine the amount of a Medi-Cal lien
on the settlement of plaintiff’s medical malpractice action. (Welf.
& Inst. Code, § 14124.76, subd. (a)1.) The trial court determined
the amount of the lien to be $39,004.41. Plaintiff appeals. We
reduce the amount of the lien by 25 percent for statutory attorney
... More...
   $0 (01-16-2018 - CA)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

Jeffrey King v. Brian Huckaby and Gustave Gallenkamp Western District of Texas Federal Courthouse - Austin, Texas

Austin, TX - Jury Finds That Police Used Excessive Force but Awards No Damages

Jeffrey King sued Brian Huckaby and Gustave Gallenkamp on excessive force theories under 42 U.S.C. 1983 claiming that the officers used excessive force when they tackled, punched and handcuffed him for jaywalking in downtown Austin.

The officers arrested King and two of his friends for crossing EAst Si... More...
   $0 (01-13-2018 - TX)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

STATE OF IOWA vs. JUAN CARLOS NINO HERNANDEZ K-9 OK after after drunken man rams parked squad car, police say

Des Moines Police Sergeant Ronald Kouski had just stepped into QuikTrip
for a hot dog when he “heard a loud screeching noise and then a loud collision.”
Kouski worked as a canine officer and his German Shepard partner was waiting in
the 2009 Crown Victoria. The officer looked out the store’s front window and
discovered a red pickup had struck his patrol car, pushing it across... More...
   $0 (01-12-2018 - IA)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

ABM Industries Overtime Cases

Respondent ABM Industries, Inc. (collectively with related respondents, ABM) is
a large facility services company with employees throughout the United States, including
thousands of janitorial workers at hundreds of job sites in California. Appellants
(referred to herein as plaintiffs) are present or former ABM janitorial employees. On
behalf of themselves and similarly situated Ca... More...
   $0 (01-10-2018 - CA)

UNITED STATES OF AMERICA - v. - JASON SMATHERS United States Court of Appeals for the Second Circuit

The record of Smathers's prosecution, United States v. Smathers, S.D.N.Y. No.2
04CR1273, shows the following. In 2005, Smathers, represented by counsel, pleaded guilty to3
conspiring from about April 2003 through about April 2004, in violation of 18 U.S.C. § 371, to affect4
interstate commerce by relaying and retransmitting deceptive emails in violation of the CAN-SPAM5
Act, 18 U.... More...
   $0 (01-10-2018 - )

State of Tennessee v. Jeffrey Wayne Hughes

On October 24, 2016, the defendant pled guilty to one count of theft over $250,000 from victim Lawrence County Fire and Rescue, Inc. (“Lawrence County Fire and Rescue”), one count of theft between $10,000 and $60,000 from victim Crossroads Volunteer Fire Department (“Crossroads”), and six counts of money laundering. The State agreed to dismiss eighty-one additional counts of money laundering as p... More...   $0 (01-10-2018 - TN)

Elaine Brown v. Desley Brooks Alameda County Courthouse - Oakland, California

Oakland, CA - Jury Awards Plaintiff $4.55 Million In Damages

Elaine Brown, age 72, sued Oakland Councilwoman Desley Brooks on an assault and battery theory and elder abuse claiming that she was injured and/or damaged as a result of being punched and pushed by Brooks during a confrontation at a restaurant in 2015.

Brown, a former Black Panther, and Brooks got into an argument ove... More...
   $4550000 (01-10-2018 - )

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Sheldon Fong v. East West Bank

Plaintiff Sheldon Fong is an octogenarian real estate investor who sought to help
some younger friends establish a real estate business. He borrowed money in his own
name and stood behind two loans that he helped the new business procure from defendant
East West Bank (Bank). When some of these transactions ended badly, Fong brought
this action, alleging conversion and financial abu... More...
   $0 (01-09-2018 - CA)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC COURT OF APPEALS OF THE STATE OF NEW MEXICO

William “Mack” Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

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