Imputed Fault Law
 
United States of America v. Daniel E. Saad District of Rhode Island Federal Courthouse - Providence, Rhode Island

Following a fourteen-day jury
trial, Daniel E. Saad was convicted of arson, wire fraud, and the
use of fire in furtherance of a federal felony. Saad, who
testified, appeals from these convictions, which stem from a
November 30, 2014 fire that gutted Snow's Clam Box, a restaurant
he owned in Glocester, Rhode Island. He was sentenced to fifteen
years in prison.
Saad's pri... More...
   $0 (05-02-2018 - RI)

Erik J. Hansen v. Sandridge Partners, L.P.

Respondent and cross-appellant Erik Hansen and several relatives (the “Hansens”)
own about 382 acres of farmland in Tulare County (APN 291-010-009; the “09 parcel”).
Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent
parcel of about 250 acres (APN 291-010-005; the “05 parcel”).1
This case centers around
approximately 10 acres on the southwest... More...
   $0 (05-02-2018 - CA)

Ronald Foster v. The State of Texas Texas First District Court of Appeals

Foster began a romantic relationship with Kim (a pseudonym) during the
spring of 2016. They lived together for about four months. In June, Kim became
pregnant, but she miscarried in September. By then, Foster and Kim were no longer
together, but “still had feelings” for each other.
In late September, Foster called Kim. He told her that she could pick up her
belonging... More...
   $0 (04-29-2018 - TX)

State of Vermont v. Jasen Suhr v

Defendant appeals the trial court’s decision that he violated the
terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring
requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial
court’s decision to revoke his youthful-offender status based on these violations. We affirm in
part and reverse and remand ... More...
   $0 (04-28-2018 - VT)

Baker Marquart, LLP v. James R. Kantor

Appellant Baker Marquart LLP represented respondent
James R. Kantor on a contingency basis in litigation that resulted
in a significant recovery for Kantor. Following the conclusion of
Baker Marquart’s representation, Kantor filed a demand for fee
arbitration in accordance with the parties’ contingency fee
agreement. In his arbitration demand, Kantor argued Baker
Marquart c... More...
   $0 (04-25-2018 - CA)

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)

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. DERRICK D. WATIE

When a Wichita police detective heard loud music and strong bass notes coming from a primer-colored pickup truck as it headed down the street towards him, he watched as it started to back into the driveway of the house where he was standing. By ordinance, Wichita has prohibited loud noises coming from a vehicle that is plainly audible more than 50 feet from the vehicle. The detective did not recog... More...   $0 (04-17-2018 - KS)

David M. Hopper v. Phil Plummer, et al. Southern District of Ohio Federal Courthouse - Dayton, Ohio

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai... More...
   $0 (04-16-2018 - OH)

DARREN LEON DUNCAN V. STATE OF ARKANSAS

Darren Duncan was convicted of capital murder in connection with the death of
Courtney London. The State waived the death penalty, and therefore Duncan received a
life sentence without the possibility of parole as required by law. Duncan makes a single
argument on appeal. He contends that the trial court erred in allowing Latrenda Gibson to
testify and, in the alternative, in d... More...
   $0 (04-15-2018 - AR)

STATE OF KANSAS v. ALFRED ROCHELEAU Agg Indecent Solicitation child

On March 29, 2013, Rocheleau pleaded guilty to one count of aggravated indecent solicitation for a crime occurring between December 2010 and September 2011. The ex post facto issue arises because the 2011 Legislature amended KORA to increase the registration term for Rocheleau's crime from a 10-year period to lifetime. See L. 2011, ch. 95, § 6. Rocheleau argues his registration should be governed ... 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)

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

This is an appeal from a reformed decree of divorce and property division rendered after a bench trial. In his first, second, and third issues, appellant, Troy Lee Christensen, argues that the trial court abused its discretion by dividing the marital property between appellee, Christina Christensen, and himself because the division
2
was not a fair and equitable apportionment of the commun... More...
   $0 (04-12-2018 - TX)

James P.Teufel v. The Northern Trust Company, et al. Northern District of Illinois Courthouse - Chicago, Illinois

In 2012 Northern Trust
changed its pension plan. Until then it had a defined-benefit
plan under which retirement income depended on years
worked, times an average of each employee’s five highestearning
consecutive years, times a constant. Example: 30
years worked, times an average high-five salary of $50,000,
times 0.018, produces a pension of $27,000. (We ignore sev2
N... More...
   $0 (04-11-2018 - IL)

Deshawn Hutcherson v. State of Indiana

On July 7, 2010, Hutcherson pled guilty under Cause Number 29D01-0909-FB
95 (“Cause No. FB-95”) to Class B felony burglary. Hutcherson was also found
to be a habitual offender. He was sentenced to an aggregate term of sixteen
years with fourteen years executed in the Department of Correction (“DOC”)
and two years served in community corrections. Hutcherson began serving the <... More...
   $0 (04-10-2018 - IN)

Katherine K. Morgan v. Baker Hughes Incorporated District of Wyoming Federal Courthouse - Cheyenne, Wyoming

Katherine Morgan, as wrongful death representative of her deceased husband
David Morgan, appeals the district court’s grant of judgment as matter of law
(“JMOL”) in favor of Baker Hughes Incorporated, issued after trial but before the
case was submitted to the jury. Because material disputes in the evidence remain for
resolution by the jury, we conclude that JMOL was inappropriate.... More...
   $0 (04-09-2018 - WY)

Raad Al-Shaikh v. State Department of Health Care Services

When Dr. Raad Al-Shaikh, an orthopedic surgeon, moved his Fremont practice a
couple of miles from its original location, he applied to the Department of Health Care
Services (DHCS), pursuant to Medi-Cal regulations, for approval of his new office as an
“established place of business.” He had been an approved Medi-Cal provider at his prior
location for six years. Much to Dr. Al-Shai... More...
   $0 (04-08-2018 - CA)

Misty Rae Hopkins v. The State of Texas

The evidence at trial showed that appellant, her husband, John, and their five children,
Ashley, Byran, J.D., Cassie, and Ezra, moved from Georgia to Burnet, Texas, where John was pastor
of a local church. According to the testimony of J.D. and Cassie, after the family moved to the 1
parsonage, appellant and John began sexually abusing their two youngest daughters. The daughters’
... More...
   $0 (04-07-2018 - TX)

SHATANI BUCK JR. vs. STATE OF IOWA

Ignoring his own misconduct, Shatani Buck Jr. blames his current plight on
his plea counsel and asks that his felon-in-possession-of-firearm conviction be
tossed. We affirm the district court’s denial of Buck’s application for postconviction
(PCR) relief.
In December 2012, Buck was charged by trial information with Count I, felon
in possession of a firearm, in violation ... More...
   $0 (04-06-2018 - IA)

ALBERTO GUILLEN v. STATE OF MONTANA

On July 30, 2011, Guillen struck his brother, Roberto, with a van at an intersection
in Missoula. The brothers were loudly arguing when Roberto got on his bicycle and started
to ride away. Guillengot into the van and pursued Roberto. Guillenthen hitRoberto with
the van, running Roberto and the bicycle over. Guillen then left the scene. Roberto
sustained severe injuries, in... More...
   $0 (04-04-2018 - MT)

MATTHEW BRIAN BURNSIDE V. STATE OF ARKANSAS

In 2014, a Faulkner County jury convicted Matthew Burnside of raping and sexually
assaulting a twelve-year-old girl. His convictions were affirmed on direct appeal by this
court in 2015. Burnside v. State, 2015 Ark. App. 550, 472 S.W.3d 497. He filed a timely
petition for postconviction relief in the circuit court in December 2015 pursuant to Arkansas
Rule of Criminal Proced... More...
   $0 (04-03-2018 - AR)

GARY ROBINSON, JR. V. STATE OF ARKANSAS

On April 16, 2015, appellant was pulled over by Officer Richard Shumate of the
Conway Police Department for traffic violations—failure to stop at an intersection and the
1Appellant was also convicted of possession of a controlled substance with the purpose to deliver methamphetamine, less than two grams, a Class B felony, in violation of Arka... More...
   $0 (04-02-2018 - AR)

STATE OF KANSAS v. JAMES K. KAHLER

A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More...   $0 (03-31-2018 - KS)

STATE OF OHIO vs. GARVIN S. BRADSHAW

This is an appeal from a Scioto County Common Pleas Court judgment of
conviction and sentence. A jury found Garvin S. Bradshaw, defendant below and appellant
herein, guilty of three offenses: (1) trafficking in heroin, in violation of R.C. 2925.03(A)(2); (2)
possession of heroin, in violation of R.C. 2925.11(A); and (3) tampering with evidence, in
violation of R.C. 2921.12(A)(... More...
   $0 (03-31-2018 - OH)

STATE OF KANSAS v. BROOKE DANIELLE DINKEL Sex Offender

Dinkel was hired as a counselor at Smoky Valley Middle School in Lindsborg, Kansas, for the 2012-13 school year. K.H. was an eighth grader there. His aunt was a friend of Dinkel's family and asked Dinkel to check on K.H. periodically because he had had difficulties at his previous school. K.H. was large for his age—6'2" and about 170 pounds.

Dinkel began counseling K.H. and frequently... More...
   $0 (03-29-2018 - KS)

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