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Respondeat Superior Law
 
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)

STATE OF NEW JERSEY v. ARTHUR L. HOYLE, a/k/a SKINNYMAN HOYLE, and ARTHUR HOYLE

Defendant, who was charged with multiple drug offenses, filed
numerous pretrial motions, including a motion to suppress evidence
obtained from the use of a global positioning system (GPS) tracker
and a motion to recuse the trial court judge. After the court
denied the motion to suppress and the motion to recuse, defendant
pled guilty to first-degree possession with intent... More...
   $0 (01-18-2018 - NJ)

COMMONWEALTH vs. SHAWN A. McGONAGLE Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

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)

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)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Andrew Panico v. Portfolio Recovery Associates, LLC District of New Jersey Federal Courthouses

In this putative class action, Plaintiff-Appellant Andrew Panico, who resides outside of the state of Delaware but signed a contract with a choice-of-law provision specifying application of Delaware state law, asserts that Defendant-Appellee Portfolio Recovery Associates (“PRA”) violated the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“NJCFA”) by suing to co... More...   $0 (01-14-2018 - NJ)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

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)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

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)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

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)

STATE OF NORTH CAROLINA v. JESSE SANTIFORT Kenly officer charged in Taser death back in court

On 3 March 2016, Santifort was employed as a police officer with the Kenly
Police Department. On that date, he became involved in a vehicle pursuit that had
been initiated by deputies employed by the Wilson County Sheriff’s Office.
Eventually, Alexander Thompson — the driver of the vehicle being pursued —
wrecked his truck in an open field. Shortly after calling in the wreck,... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. BERNARDO ROBERTO PENA aka MARTIN RANGEL PENA COURT OF APPEALS OF NORTH CAROLINA

Defendant was initially charged by arrest warrant on 29 May 2012 and then
later indicted on or about 20 August 2012 for second degree sexual offense, second
degree kidnapping, sexual battery, attempted second degree sexual offense, and
attempted second degree rape. He signed a waiver of counsel form on or about 30
May 2012 waiving his right to assigned counsel. Defendant was ... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. JONATHAN KEITH MALLOY Fatal hit and run suspect arrested

Where the essential elements of hit and run resulting in death necessarily
include the essential elements of hit and run resulting in injury, the trial court did
not err by submitting to the jury and entering judgment upon conviction for felonious
hit and run resulting in injury.
On 1 January 2010, defendant Jonathan Keith Malloy called his girlfriend,
Sandra Hoover, to le... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. KENNETH ROBERT FULLER COURT OF APPEALS OF NORTH CAROLINA

On 19 December 2014, Charlotte-Mecklenburg Police Officer Wayne Goode
(“Officer Goode”) was on duty in the area of Dalton Street and Tryon Street in
Charlotte. Officer Goode and other officers conducted surveillance of Defendant as
he sat in the driver’s seat of a gold-colored Mercedes-Benz sedan, parked at a gas
station located on North Tryon Street. Officer Goode was famili... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. CHRISTOPHER DAVID BARKER COURT OF APPEALS OF NORTH CAROLINA

Defendant was convicted of driving while impaired in Brunswick County
District Court (“the district court”) on 10 December 2015. Upon appeal, Defendant’s
case was then tried before a jury in Brunswick County Superior Court (“the superior
court”) on 22 August 2016. The State’s sole witness at trial was Trooper David Inman
of the North Carolina Highway Patrol (“Trooper Inman”).... More...
   $0 (01-10-2018 - NC)

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)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Dwight D. Stirling v. Governor Edmund G. Brown, Jr.

The California Military Whistleblower Protection Act, Military and
Veterans Code section 56 (Section 56), affords certain rights and protections to service
members of the California National Guard who face actual or threatened adverse
personnel actions in retaliation for reporting waste, fraud, abuse of authority, violation of
law, or threats to the public health and safety. A serv... More...
   $0 (01-07-2018 - CA)

STATE OF NORTH CAROLINA v. LEE RICHMOND WADDELL

In December 2015, Defendant was serving post-release supervised probation
for an unrelated offense. Probation Officer Michelle Creech was assigned to supervise
Defendant. Ms. Creech visited Defendant’s residence regularly to monitor
Defendant’s compliance with the terms of his probation. Defendant lived in a house
along with approximately eight other people, including his fa... More...
   $0 (01-07-2018 - NC)

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