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Speculative Damage Law
 
STATE OF KANSAS v. GARRETT PRESLEY KRAFT

The underlying facts supporting the criminal charges are taken from the affidavit of probable cause filed with the district court. On May 12, 2016, Haley Fryback went to the hospital after Kraft physically abused her during an argument in their mutual home. Fryback reported that Kraft hit, choked, and kicked her in the throat. He also prevented her from leaving the residence when he locked her key... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

STATE OF KANSAS v. LEROY K. BRIGGS

Leroy K. Briggs appeals from what he claims to be an erroneously imposed sentence. He argues that the sentencing court erred in classifying his two prior Missouri convictions for resisting or interfering with arrest under Mo. Rev. Stat. § 575.150 (2000 and 2012 Supp.) as person offenses for criminal history purposes. The sentencing court based its ruling on its determination that the Missouri cr... More...   $0 (04-20-2018 - KS)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER LEE JONES

On February 27, 2012, Jones entered into a plea agreement in two separate Saline County cases. Jones agreed to plead guilty to a misdemeanor charge of theft of scrap metal in one case and to misdemeanor counts of theft and criminal damage in the second
2
case. In exchange, the State agreed to dismiss the remaining felony charges of burglary in the second case. The State also agreed to re... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. SHAWN E. COLLINS, JR.

On June 25, 2015, Collins pled guilty to a single count of possession of methamphetamine. In exchange, the State agreed to join Collins' sentencing recommendation for a dispositional departure to probation. The district court sentenced Collins to a prison term of 42 months but granted the parties' joint request for a dispositional departure sentence and imposed a 12-month term of probation, to beg... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

Garrett does not claim the district court erred in treating his California crime as a felony. He limits his argument to whether his California crime should be treated as a person crime. He claims that Kansas does not have a comparable burglary statute, so his California conviction must be classified as a nonperson crime.

Garrett raises an issue of statutory interpretation under the Ka... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRANDON R. WILLIAMS

On the morning of December 12, 2015, Jordan Ray left his residence in Wichita to go to work. At about 11 a.m., Ray received a phone call from Williams. Williams and Ray had known each other for about 10 years. Although Williams and Ray were not friends, Williams had visited Ray's residence on multiple occasions to play video games. Ray returned Williams' call and Williams said he had left a shirt ... More...   $0 (04-18-2018 - KS)

Tracey K. Kuehl v. Pamela Sllner Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TERRY B. CLEATON

The stipulated facts are in the record and need not be repeated here, as the parties are bound by their submission to the court. Highly summarized, the facts show that on December 21, 2013, while Cleaton was driving his van near the intersection of Central and Hillside in Wichita, a Wichita police officer saw Cleaton's van crash into a dark colored SUV. The SUV stopped, but Cleaton did not. The of... More...   $0 (04-17-2018 - KS)

ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Cheryl Currid v. Coit Cleaning & Restoration Services First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

OHNTAY AMOS DORTCH vs STATE OF FLORIDA

Johntay Amos Dortch appeals the judgment and sentence entered after a jury found him guilty of fleeing or attempting to elude a law enforcement officer by driving at high speed or with wanton disregard for the safety of other persons or property (count one), resisting an officer without violence (count two), leaving the scene
- 2
of a crash causing damage to other attended property (coun... More...
   $0 (04-16-2018 - )

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

Gordon B. v. Sergio Alberto Gomez

Gordon B., in propria persona, appeals from the trial
court’s denial of his request to renew an elder abuse restraining
order against his neighbor, respondent Sergio Alberto Gomez
(Gomez). Gordon B. contends the trial court erred by denying his
request for lack of evidence that further significant abuse
occurred since the original restraining order was issued. We
agree, and... More...
   $0 (04-15-2018 - CA)

STATE OF KANSAS v. RICHARD E. GUNN

On February 10, 2015, Gunn was charged with aggravated burglary, aggravated battery, burglary of a vehicle, theft, and two counts of criminal damage to property. Gunn entered his ex-girlfriend's apartment, attacked her new boyfriend, broke his phone, and burglarized his car.

In exchange for pleading guilty to one count of aggravated burglary, the State agreed to dismiss the remaining ... More...
   $0 (04-14-2018 - k)

STATE OF KANSAS v. KAREN J. CANNON

Karen J. Cannon appeals claiming her criminal history was improperly calculated after her guilty plea to enhance her sentence. Upon review, we agree with Cannon. The district court improperly scored her prior Illinois robbery conviction as a person felony. We vacate the sentence and remand for the district court to score her prior Illinois robbery conviction as a nonperson felony.

2 More...
   $0 (04-14-2018 - KS)

STATE OF KANSAS v. PATRICK A. MEEKS

Patrick Meeks pleaded guilty to one count of felony theft over $1,000 but less than $24,999 for the theft of a vehicle belonging to Monica and Christopher Taylor. Meeks borrowed the vehicle with permission but never returned it. He asserted that the vehicle was stolen from him and never recovered.

At the time the vehicle was stolen, its fair market value was $13,856.21, but there was a... More...
   $0 (04-14-2018 - KS)

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

Brian Goodrich and Patricia Goodrich v. Cimline, Inc. and Garlock Equipment, Inc. District of Massachusetts Federal Courthouse - Worcester, Massachusetts

Worcester, MA - Brian Goodrich and Patricia Goodrich, individually and as mother and next friend of S.M.G. and S.L.G., sued Cimline, Inc. and Garlock Equipment, Inc. on product liability theories claiming that they were injured and harmed as a direct result of a defect in the crack sealing machine and fell on Brian and injured him in 2013.

Brian was changing the oil in the machine when ... More...
   $8500000 (04-14-2018 - MA)

Rodeo Citizens Association v. County of Contra Costa, Phillips 66 Company, Real Party in Interest Contra Costa County Courthouses - Martinez, California

The County of Contra Costa (the county) certified an environmental impact report
(EIR) and approved a land use permit for a “Propane Recovery Project” at an oil refinery
owned and operated by Phillips 66 Company (Phillips) in Rodeo, California. In response
to consolidated petitions filed by Rodeo Citizens Association (Citizens) and others,1
the trial court issued a peremptory writ ... More...
   $0 (04-14-2018 - CA)

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