Imputed Fault Law
 
Jake's Fireworks, Inc. v. R. Alexander Acosta, Secretary of Labor, United States Department of Labor District of Kansas Federal Courthouse - Wichita, Kansas

Jake’s Fireworks, Inc. (“Jake’s”), a fireworks importer and distributor, assigned
two employees to clean out its old facility. A fire broke out, injuring one employee and
killing the other. After an Occupational Safety and Health Administration (“OSHA”)
inspection, the Secretary of Labor (the “Secretary”) cited Jake’s for violating OSHA
safety and health standards. Jake’s contested... More...
   $0 (06-30-2018 - KS)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.

.Z.’s Testimony
There are no pretrial motions in the record. Trial began with the test... More...
   $0 (06-28-2018 - NE)

Nick Pearson, et al. v. Target Corporation, NBTY, Inc. and Rexall Sundown, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Inequitable settlements are an unfortu-nate recurring bug in our system of class litigation. Federal Rule of Civil Procedure 23(e) is designed to minimize such
2 No. 17-2275
problems, but appeals by class members who object to a set-tlement indicate that the system still needs improvement. All too often, class counsel negotiate a settlement with substantial attorneys’ fees but meager benef... More...
   $0 (06-27-2018 - IL)

United States of America v. Richard E. Paulus, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mark Twain once quipped that “there are three kinds of
falsehood: lies, damnable lies, and statistics.” Dr. Paulus begs to differ and insists that certain
statistical estimations cannot be false. As a cardiologist, Paulus interpreted hundreds of
angiograms—specialized x-rays that approximate how severely a person’s arteries are blocked.
A federal jury convicted him of committing he... More...
   $0 (06-25-2018 - TN)

STATE OF IOWA vs. MARSEAN T. FENTON Iowa Court of Appeals

In November 2015, the State charged Fenton with burglary in the third
degree from a motor vehicle, an aggravated misdemeanor, in violation of Iowa
Code section 713.6A(2) (2015). Fenton entered a written guilty plea, allegedly
conditioned upon the court’s acceptance of the negotiated sentence including a
180-day suspended jail term. Fenton planned to request a deferred judgmen... More...
   $0 (06-25-2018 - IA)

STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

United States of America v. Gervais (Ken) Ngombwa Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

Sean Stentiford v. Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Boston, MA - Jury Awards $18.4 Million In Damages To Plaintiff On Medical Malpractice Claim

Sean Stentiford sued Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. on personal injury medical malpractice theory claiming the he was not tested and was not treated for HIV with the result that he developed AIDS.

02/05/2018 93 Assented to MOTION for Hearing by John Doe.(Angueira, Dav... More...
   $18400000 (06-20-2018 - MA)

Auto-Owners Insurance Company v. Jennifer Csaszar District of Colorado Federal Courthouse - Denver, Colorado

Auto-Owners Insurance Company provided automobile insurance to Frank
and Nancy Csaszar and their daughter, Jennifer.1 But when that policy’s term
came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of
their daughter’s driving record, it would only renew their policy if it excluded her
from coverage. The Csaszars agreed. The policy accordingly included an
“e... More...
   $0 (06-19-2018 - CO)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Tamara Skidgel v. California Unemployment Insurance Appeals Board

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...
   $0 (06-15-2018 - CA)

Kathy A. Netro v. Greater Baltimore Medical Center, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

Kathy Netro brought a medical malpractice suit in state court against the Greater Baltimore Medical Center for its negligent care of her now-deceased mother. When she won, GBMC became liable under federal law for payments Medicare had made for Netro’s mother’s treatment. GBMC did not immediately satisfy the judgment. And three weeks after the state court entered its final order, Netro brought this... More...   $0 (06-14-2018 - MD)

Adrian Camacho v. Target Corporation

Plaintiff Adrian Camacho appeals from a judgment entered after the trial court
granted summary judgment in favor of defendant Target Corporation (Target) on
Camacho's causes of action for discrimination based on sexual orientation, harassment
causing a hostile work environment, failure to prevent harassment and discrimination,
retaliation, constructive termination in violation of ... More...
   $0 (06-11-2018 - CA)

GAYNELWYN SONNIER V. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT Consolidated With MARILYN CLARK V. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ET AL. Consolidated With ELWOOD SONNIER V. THE UNOPENED SUCCESSION OF LACY N. JOHNSON, ET AL.

This case involves a tragic accident on Louisiana Highway 10 in
Allen Parish near Oakdale. Two young women in their early twenties were killed
when their vehicle failed to navigate a curve in the road, traveled across the
opposing lane and its shoulder, and hit a tree stump in the ditch opposite their lane
of travel. The driver of the vehicle was Lacy Johnson. Her passenger ... More...
   $0 (06-07-2018 - LA)

Cheryl Dalton v. Teva North America, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

Cheryl Dalton appeals the sum-mary judgment entered against her in this products liability case. The district court held that Dalton’s claims failed under Indiana law because she did not provide expert evidence on
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-1990
the issue of causation. Dalton contends that she did not have to provide expert evidence because... More...
   $0 (06-07-2018 - IN)

Mari Nadine Saturday v. The State of Texas Court of Appeals First District

Saturday’s appellate challenges center on rulings that the trial court made
during jury selection. Because she does not challenge the sufficiency of the
evidence to support her conviction, we provide a limited factual background.
On a Sunday in November 2014, La’Britni Wolridge, the complainant, was
driving to an ice cream parlor in Missouri City. Wolridge was stopped at a red ... More...
   $0 (06-06-2018 - TX)

United States of America v. Keona Gorman Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Keona Gorman pleaded guilty to and was convicted of lying to a grand jury. Facing an advisory guidelines range of 21 to 27 months of imprisonment, she received a below-guidelines sentence of 16 months. She raises two issues on appeal. One: Did the district court err in assessing a criminal-history point for her prior criminal-impersonation conviction? Two: Was her sentence substantively unreasonab... More...   $0 (06-06-2018 - TN)

James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
1
unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her... More...
   $0 (06-05-2018 - CA)

RICHARD JORDON TARVER V. STATE OF ARKANSAS

Tarver’s claim that the circuit court erred in denying his motions for a directed
verdict is a challenge to the sufficiency of the evidence. In reviewing a challenge to the
sufficiency of the evidence, we view the evidence in the light most favorable to the State
and consider only the evidence that supports the verdict. See, e.g., Dortch v. State, 2018 Ark.
135, at 5, __ S.W.3d... More...
   $0 (06-02-2018 - AR)

Brett A. Smith and Stacie M. Smith v. University of Rhode Island

Providence - Jury Awards Plaintiffs $31.3 Million In Paralysis Case

Brett A. Smith and Stacie M. Smith sued the University of Rhode Island on a negligence theory claiming that the University was at fault for the neck injury and resulting paralysis that he suffered for failing to post sings warning visitor not to sim in the West Greenwich pond.

The Smiths were attending a wedding... More...
   $31300000 (06-02-2018 - RI)

Ecimos,, LLC and Electrical Controls, Inc. v. Nortek Global HVAC, LLC Western District of Tennessee Federal Courthouse - Memphis, Tennessee

At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings and conferences and issued dozens of rulings. All told, this case sprawled over more than 250 docket entries. But a closer look reveals that the core issue boils down to a simple life lesson: play by the rules. This fundamental concept com... More...   $0 (06-01-2018 - TN)

Shelley Cooley v. Timothy Adgate and City of Shreveport

On November 2, 2012, a collision occurred when the vehicle driven
by Shelley Cooley was hit from the rear by a vehicle driven by Timothy
Adgate, an employee of the City of Shreveport. Following the accident,
Cooley sought medical treatment for pain in her neck, back and right knee.
In May 2013, the plaintiff, Shelley Cooley, filed a petition for
damages against the def... More...
   $0 (06-01-2018 - LA)

Gino Velez Scott v. United States of America Middle District of Florida Federal Courthouse - Tampa, Florida

Prosecutors are “servant[s] of the law” and should “prosecute with earnestness and vigor.” Berger v. United States, 295 U.S. 78, 88 (1935). But though the prosecutor “may strike hard blows, he is not at liberty to strike foul ones.” Id.
More than fifty years ago, Brady v. Maryland, 373 U.S. 83, 87 (1963), established that a prosecutor’s suppression of material evidence favorable to the accused... More...
   $0 (05-31-2018 - FL)

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