Defendant and respondent YMCA of San Diego County (Respondent or the
YMCA) provides a number of automatic external defibrillators (AEDs) on its premises,
for the emergency use of its members, employees and users of the premises. (Health &
2
Saf. Code,1 § 1797.196, subd. (b) [regulatory scheme when AEDs are provided on
premises].) Plaintiffs and appellants are the Jabo family, ... More...   $0 (09-30-2018 - CA)

Mr. Mitchell’s criminal proceeding arose from his actions during a lengthy custody battle over his daughter, EP. The custody proceedings involved several jurisdictions and provide useful context here. The State of Montana established paternity and child support after EP’s birth in 2010, but did not formally establish custody. The parties later moved to Wyoming where EP’s mother, AP, commenced ... More...   $0 (09-24-2018 - KS)

Appellant’s wife of 28 years, Jaqueline “Jackie” Thomas (“Mrs. Thomas”), testified that between five and six o’clock on the morning of July 13, 2016, she was awakened by Appellant, profanely demanding she get out of bed. (Tr., pp. 384-385.) Mrs. Thomas testified that Appellant grabbed her by the arm and the hair of her head, causing her to stand and forcibly follow him to the bathroom so tha... More...   $0 (09-21-2018 - OH)

Jason Lampkin (“Movant”) appeals from the judgment denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Because we find Movant’s amended motion was untimely, we reverse and remand to the motion court to determine whether Movant was abandoned by post-conviction counsel. In a substitute indictment, Movant was charged as a prior offender with two counts o... More...   $0 (09-20-2018 - MO)

When the State called K.B. to testify, crying was heard outside the courtroom door.
The court immediately granted the parties’ request to meet in chambers to discuss what
had happened. In chambers, the State explained that when the courtroom door was
opened for K.B. to enter from the hallway, K.B. saw Carter and started crying and
hyperventilating. According to the State, K.... More...   $0 (09-20-2018 - TX)

Orlando, FL - John Doe, the Personal Representative of the Estate of Jane Doe, Deceased, sued the ABC Golf Club on a dram shop wrongful death theory.

Jane Doe was hit head on in a motor vehicle collision driven by a patron of the Defendant’s Golf Course, who was intoxicated at the time of the accident. Plaintiff alleged that the at-fault driver was habitually addicted to alcohol, and tha... More...   $800000 (09-19-2018 - FL)

In response to an early-morning report of trouble, police officers arrived at a Longview apartment complex occupied by Shayne Daniel Afzal and others. As the officers approached the apartment that appeared to be the epicenter of the trouble, they heard “several blasts” coming from what sounded like a shotgun. After officers took cover, they heard Afzal “screaming unintelligibly.” They obser... More...   $0 (09-19-2018 - TX)

On June 3, 2012, a disgruntled tenant set off a gas explosion in the basement of one of Weisser’s Mitchell, South Dakota rental properties. The explosion lifted the house off its foundation and caused extensive damage to the interior. After visiting the site, Weisser contacted Schoenfelder to demolish the home and grade the property to normal elevation. [¶3.] Shortly after Schoenfelder began te... More...   $0 (09-19-2018 - SD)

Milwaukee County (�County�) hired Xavier Thicklen in late 2012 to work as a corrections officer in its jail. County has a zero-tolerance policy forbidding corrections officers from having any sexual
contact with inmates. County repeatedly instructed Thicklen not to engage in any such contact and trained him to avoid it. Thicklen gave answers to quizzes indicating he understood the training... More...   $0 (09-17-2018 - WI)

In July 2002, a jury found Buehner guilty of two counts of murder and one
count of attempted murder in connection with the shooting death of Jerry Saunders on
May 24, 2001. Lawone Edwards testified at trial that shortly before the shooting, he and
Saunders were selling crack cocaine to passing motorists near the corner of Marah
Avenue and East 93rd Street in Cleveland when a b... More...   $0 (09-16-2018 - OH)

On April 28, 2015, Jones sought treatment for a “cardiac event” at Great
River’s emergency room (ER). Jones alleges during his visit, ER doctor Schnitzer
breached her duty of confidentiality by “blurting out a statement” that he “just tested
positive for methamphetamine in his bloodstream.”
On Friday, April 28, 2017, at 11:58 p.m., counsel for Jones filed a petition
aga... More...   $0 (09-15-2018 - IA)

On October 15, 2013, defendant, Timrek Andrews, was arrested following a
traffic stop by two New Orleans Police Department (“NOPD”) officers for a
damaged driver-side mirror on defendant’s vehicle. During the traffic stop, the
officers requested defendant exit and step to the rear of the vehicle for officer
safety. After defendant exited the vehicle, the officers observed def... More...   $0 (09-14-2018 - LA)

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

A defendant that timely asserts that the district court lacks
personal jurisdiction and litigates the issue to an adverse
decision from the district court does not waive the personal
jurisdiction defense by vigorously litigating defenses to the
merits, including by asserting counterclaims against other
parties. Emirates NBD Bank PJSC (the “Bank”) was entitled
to litigate it... More...   $0 (09-10-2018 - CA)

In the early morning of August 25, 2006, Elwood Police Officer Nicholas
Oldham was patrolling the streets when he observed a vehicle traveling on the
wrong side of the road. Officer Oldham initiated a traffic stop and approached
the vehicle. When he began speaking with the driver, Ritter, he smelled alcohol
and noticed that Ritter had watery, bloodshot eyes, and slurred speec... More...   $0 (09-06-2018 - IN)

In this interlocutory appeal from the denial of the defendants’ motion for summary judgment, the defendants appeal several rulings, one of which concerns qualified immunity. We AFFIRM in part and DISMISS in part.
I.
Detroit Police arrested Derrick Bunkley on a charge of attempted murder, the State of Michigan prosecuted him, and a jury convicted him. But Bunkley was innocent. When the conv... More...   $0 (09-06-2018 - MI)

At the jury trial, Fort Smith police officer Greg Napier testified that he participated
in the controlled buy of narcotics from Silmon. The buy occurred at Silmon’s home
located at 1500 Rutgers Circle. Napier testified that the New Apostolic Church is located
at 1208 Princeton Street, which is around the corner from Silmon’s residence. Napier
physically measured the distance fr... More...   $0 (09-05-2018 - AR)

A jury convicted Jason Christopher Perez of 11 crimes, including 3 counts of attempted first-degree murder. Perez appeals those convictions, raising four arguments on appeal. First, he argues that two of his three counts of attempted firstdegree murder are multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Second, he argues that his ... More...   $0 (09-05-2018 - KS)

On June 14, 2017, Miller was indicted for one count of Murder in violation of R.C. 2903.02(A), an unclassified felony, and one count of Possession of Cocaine in violation of R.C. 2925.11(A)/(C)(4), a felony of the fifth degree. It was alleged that Miller beat 81-year old Howard Biederman to death with a pair of vise grips, striking him at least 18 times, including 14 times in the head. {¶... More...   $0 (09-04-2018 - OH)