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Excessive Damages Law
 
Kevin M. McCann, M.D. v. UNUM Provident

This appeal addresses two principal issues: First, whether a group insurance plan is governed by the Employee
3
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., and second, whether the physician–claimant was incorrectly denied his disability benefit payments.
Plaintiff–appellant, Dr. Kevin McCann, is a radiologist certified in the specialty of interventional ... More...
   $0 (10-23-2018 - NJ)

Jesus Cuitlahuac Garcia v. Border Transfer Group, LLC

Plaintiff Jesus Cuitlahuac Garcia filed a wage and hour lawsuit against Border
Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha
Ortega. Some of Garcia's claims are based on Industrial Welfare Commission (IWC)
wage orders;1 others are not. The trial court granted defendants' motion for summary
judgment on all eight causes of action on the basis that Ga... More...
   $0 (10-23-2018 - CA)

Robert B. Coffey v. State of Indiana



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Coffey was the Paymaster of The Southeast Marine Corps League (the
“League”), a military vet... More...
   $0 (10-22-2018 - IN)

Stephen Ellicott v. American Capital Energy, Inc., Thomas Hunton and Arthur Hennessey

This case concerns a contract
dispute between a solar energy company and a former sales employee.
Appellee Stephen Ellicott ("Ellicott") filed suit against
Appellants American Capital Energy, Inc. ("ACE") and its two
principals, Thomas Hunton ("Hunton") and Arthur Hennessey
("Hennessey") (collectively, "Appellants"), claiming violations of
the Massachusetts Wage Act and bre... More...
   $0 (10-22-2018 - MA)

John Brotherston v. Putnam Investments, LLC

Plaintiffs John Brotherston and
Joan Glancy are two former employees of Putnam Investments, LLC
who participated in Putnam's defined-contribution 401(k)
retirement plan (the "Plan"). They brought this lawsuit on behalf
of a now-certified class of other participants in the Plan, and on
behalf of the Plan itself pursuant to the civil enforcement
provision of the Employee Reti... More...
   $0 (10-22-2018 - MA)

Jason A. Brown v. State of Iowa



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Jason Brown appeals from the summary adjudication of his second
application for postconvicti... More...
   $0 (10-21-2018 - IA)

Michael E. Barri v. The Workers' Compensation Appeals Board

Michael E. Barri (Barri), Tristar Medical Group (Tristar), and Coalition for
Sensible Workers’ Compensation Reform (CSWCR) petitioned this court pursuant to
Labor Code section 5955 (all further statutory references are to the Labor Code, unless
otherwise indicated). They seek a peremptory or alternative writ of mandate, prohibition,
or other appropriate relief directing the Workers... More...
   $0 (10-21-2018 - CA)

STATE OF LOUISIANA Vs. RODERICK JERMAINE CAWTHORNE, JR.





On February 21, 2015, Vermilion Parish Sheriff’s deputies responded to a call
regarding a burned vehicle in an isolated area about... More...
   $0 (10-20-2018 - LA)

MATTHEW M. WALKER VERSUS THE MANITOWOC COMPANY, INC., ET AL. CONSOLIDATED WITH JIM LEE HANKINS VERSUS THE MANITOWOC COMPANY, INC., ET AL.





At the time of the accident, Plaintiffs were employed as riggers for
BWW. BWW and Morris Material, Inc., entered into a contract for BWW to
fabricate and assemble a port gantry crane, which is a large tower crane with a steel
su... More...
   $0 (10-20-2018 - LA)

United States of America v. Terry J. Albury




St. Paul, MN - Former FBI Agent Sentenced for Leaking Classified Information

Terry J. Albury, 39, a former Special Agent of the FBI, was sentenced to 48 months in the District of Minnesota in connection with his unauthorized disclosure and retention of classified national de... More...
   $0 (10-19-2018 - MN)

E.V. v. Eugene H. Robinson, Jr.




We must decide whether the doctrine of federal sovereign immunity bars this suit for injunctive relief against Lieutenant Colonel Eugene H. Robinson, Jr., (“Judge Robinson”) in his official capacity as a military ju... More...
   $0 (10-19-2018 - CA)

Orange Catholic Foundation v. Rose Marie Arvizu

Probate Code section 16440, subdivision (b) (16440(b)) provides that if a
“trustee has acted reasonably and in good faith under the circumstances as known to the
trustee,” a court has discretion to excuse him or her from liability for a breach of trust if it
would be equitable to do so.
1
(Italics added.) Acting under this express authority, the
trial court denied a petiti... More...
   $0 (10-19-2018 - CA)

Vickie Bell v. Pulmosan Safety Equipment Corporation





Pulmosan Safety Equipment Corporation (“Pulmosan”) appeals the district
court’s grant of default judgment, arguing that it was never properly served. We agree
and rev... More...
   $0 (10-18-2018 - )

Teamsters Union v. Warner Chilcott Limited





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   $0 (10-17-2018 - MA)

Jason Castle v. Mary Castle






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Mary and Jason married in 1999 in Tuscaloosa, Alabama. At the time, Mary was
twenty-three years old, and Jason was twenty-five. During their marriage, the Castle... More...
   $0 (10-17-2018 - MS)

Jackpot Harvesting Company, Inc. v. The Superior Court of Monterey County, Jose Roberto Lainez

Labor Code section 226.2,1 which became effective January 1, 2016, addresses the
manner in which piece-rate employees are to be compensated for rest and recovery
periods and other nonproductive time on the job (collectively, rest/NP time).
Subdivision (b) of the statute (hereafter section 226.2(b)) provides a safe harbor for an
employer that, prior to 2016, failed to properly compe... More...
   $0 (10-16-2018 - CA)

Harvey Lee Funches v. Progressive Tractor and Implement Company, L.L.C.





Harvey Lee Funches lost his left arm when his vehicle collided with a piece of farm equipment being towed by a pickup truck as the two passed one another on a Mississippi road. The only live dispute left in this case is Funches’s suit against Progressive Tractor and Implement Company,... More...
   $0 (10-15-2018 - MS)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

NICOLE BRAND v. PHARMACARE MANAGEMENT, INC.



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On June 11, 2012, Brand, a licensed pharmacist, obtained employment with Pharmacare. Pharmacare, which... More...
   $0 (10-14-2018 - KS)

CITY OF SALINA v. XAVIER LEE MCCRAY





Mariah Moye was in a relationship with McCray. They have two children together. On November 21, 2015, Moye was at her house with her cousin Grace Barr. McCray joined them in the evening. McCray and Barr got into a verbal argument. As ... More...
   $0 (10-14-2018 - KS)

Omar Huitron Hernandez v. The State of Texas Continuous Sexual Abuse of Young Child or Children


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   $0 (10-13-2018 - TX)

Michael Louis Valles v. The State of Texas











In October 2017, pursuant to a plea bargain, Appellant, Michael Louis Valles, was
granted deferred adjudicatio... More...
   $0 (10-12-2018 - TX)

Dee Soli v. Robert Hadfield

Boston, MA - Dee Soli sued Robert Hadfield on a personal injury negligence theory.




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   $0 (10-11-2018 - MA)

Dr. David S. Muransky v. Godiva Chocolatier, Inc.




This appeal was brought to contest the approval of a class-action settlement. Dr. David Muransky filed a class action against Godiva Chocolatier, Inc. for violating the Fair and Accurate Credit Transactions Act (“FACTA”). Appe... More...
   $0 (10-11-2018 - )

Danae Marshall v. Christopher Lee Harrison and Schwan's Home Service, Inc.

Knoxville, TN - Danae Marshall sued Christopher Lee Harrison and Schwan's Home Service, Inc. on auto negligence and respondeat superior.




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   $0 (10-10-2018 - TN)

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