Nuisance Law
 
Terry Martin v. Behr Dayton Thermal Products, LLC Southern District of Ohio Courthouse - Cincinnati, Ohio

This toxic tort class action case arises from
Defendants’ alleged contamination of the groundwater in the McCook Field neighborhood of
Dayton, Ohio. Plaintiffs own properties in McCook Field, which is a low-income area
surrounding a Superfund site. They allege that Defendants released volatile organic compounds
and other hazardous substances into the groundwater underlying their pr... More...
   $0 (08-26-2018 - OH)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

Jevon R. Bates-Smith v. State of Indiana

Indiana State Police Detective Joshua Allen works for the drug enforcement
section and is assigned to covert operations in an undercover role investigating
people who deal in cocaine, heroin, and methamphetamine. He has been
involved in over 500 criminal investigations related to controlled substances.
Detective Allen often employs confidential informants (CIs), who are usual... More...
   $0 (08-12-2018 - IN)

STATE OF KANSAS v. LARRY W. INGRAHAM

On March 1, 2017, Ingraham was charged with class B misdemeanor battery in Neosho County for an incident that occurred on November 24, 2016. The case went to a
2
bench trial on May 9, 2017. The victim in this case, S.I., is Ingraham's daughter. Some years before the incident, Ingraham and S.I.'s mother were divorced. S.I. lived with her mother in another town, but at the time of the inci... More...
   $0 (07-28-2018 - KS)

Jeffrey Parchman v. SLM Corporation Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Plaintiffs Jeffrey Parchman (“Parchman”) and Nancy Carlin (“Carlin”), individually and on behalf of all others similarly situated, sued Defendants SLM Corporation (“SLM”), Navient Corporation (“Navient”), Navient Solutions Inc. f/k/a Sallie Mae, Inc. (“NSI”), and Sallie Mae Bank (“SMB”) for negligent and knowing/willful violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227.... More...   $0 (07-26-2018 - TN)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

Quincy Hawkins v. State of Indiana (mem

The evidence most favorable to the verdict shows that on August 21, 2015, officers with the Indianapolis Metropolitan Police Department SWAT team executed a no-knock search warrant on Hawkins’s home. In an effort to keep everyone safe, the SWAT team broke a window and used a flash bang, a diversionary device meant to disorient the occupants of a residence, as they announced their presence by... More...   $0 (07-01-2018 - IN)

Tamara M. Loertscher v. Eloise Anderson, et al. Western District of Wisconsin Federal Courthouse - Madison, Wisconsin Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tamara M. Loertscher brought this
action under 42 U.S.C. � 1983 challenging the constitutionality
of 1997 Wisconsin Act 292 (�Act 292� or �the Act�), a legislative
measure designed to address the effects of prenatal substance
abuse. Act 292 brings unborn children and their mothers
within the jurisdiction of the juvenile courts if the mothers
exhibit a habitual lac... More...
   $0 (06-27-2018 - WI)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

Shawn M. Saylor v. State of Indiana COURT OF APPEALS OF INDIANA

In June 2016, Brian Stem, a confidential informant, told Detective Steve
Coleman with the Harrison County Sheriff’s Department that he could
purchase methamphetamine from Saylor. Accordingly, on June 15, Detective
Coleman initiated a controlled buy between Stem and Saylor.
[4] On that date, while in the presence of Detective Coleman, Stem placed a phone
call to Saylor’s... More...
   $0 (06-18-2018 - IN)

The People of the State of Colorado v. Alyse Elaine Shank and Six Thousand Fourteen Dollars in United States Currency Colorado Supreme Court

The People charged Shank with three drug offenses, including one alleging
distribution. She was appointed a public defender. The People later brought a civil
forfeiture action related to the criminal charges. In that case, the People sought
forfeiture of the proceeds of Shank’s alleged crimes pursuant to section 16-13-303(6),
C.R.S. (2017). The P.D. entered its appearance o... More...
   $0 (06-11-2018 - CO)

State of Vermont v. William Schenk Vermont Supreme Court

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...
   $0 (06-11-2018 - VT)

Jyll Brink v. Raymond James & Associates, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Jyll Brink appeals the district court’s dismissal of her putative class action
complaint. She argues that the district court erred in determining that her state law
claims for negligence and breach of contract against Raymond James and
Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation
Uniform Standards Act of 1998 (“SLUSA”), which prohibits class ac... More...
   $0 (06-11-2018 - FL)

State of Tennessee v. Brian C. Frelix

This case arises from an October 12, 2013, home invasion in Williamson County, Tennessee. The Defendant and a co-defendant entered a residence where the victims, a husband, wife, and two minor sons were present. The Defendant held the victims at gunpoint while the co-defendant searched the housefor valuables. AWilliamson County grand jury returned a fourteen-count indictment against the Defenda... More...   $0 (06-10-2018 - TN)

Connie D. Richey v. State of Indiana

On March 22, 2016, a confidential informant contacted Detective Chad Moore
of the Columbus Police Department and informed him that she could introduce
him to Connie Richey, a prospective drug dealer, and arrange for a drug buy.
At around 9 p.m., Detective Moore, operating undercover, drove to a
prearranged address and parked his vehicle out front. Having viewed
photograp... More...
   $0 (06-08-2018 - IN)

Sarah R. Schnieb v. State of Indiana

On May 24, 2017, Field was in a car accident. Early in the morning of May 25,
Delphi Police Officer Alexander Parkinson (“Officer Parkinson”) went to
Field’s residence to speak with him about the accident. Officer Parkinson
encountered Schnieb, Field’s girlfriend at the time, at Field’s residence. Officer
Parkinson knew Schnieb from past dealings in his police work, and he b... More...
   $0 (06-03-2018 - IN)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Jerold W. Leatherman v. State of Indiana

On February 27, 2017, Sergeant Justin Dodd (“Sgt. Dodd”) of the Bedford
Police Department and Detective Chris Roberts (“Det. Roberts”) of the
Lawrence County Sheriff’s Department were investigating a tip regarding
possible drug dealing and prostitution near Frank Street in Mitchell, Indiana.
While patrolling the area in an unmarked vehicle, the two officers saw
... More...
   $0 (05-09-2018 - IN)

STATE OF KANSAS v. KILEY ANN GUENTHER

Kiley Ann Guenther appeals from a judgment of the trial court revoking her probation in two cases—Wyandotte County case Nos. 14 CR 0535 and 14 CR 1157. She argues that her conduct on probation merited imposition of intermediate sanctions instead of imposition of her underlying sentences. We acknowledge that a trial court is statutorily required to consider the use of a lesser sanction before revok... More...   $0 (05-07-2018 - KS)

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

Joyce McKiver, et al. v. Murphy-Brown, LLC Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Joyce McKiver and others sued Murphy-Brown, LLC, a subsidiary of Smith Fields Foods, on a nuisance theory claiming that they were damaged and harmed as a direct result of the operation of Defendants' industrial hog operation close to their homes which denied them the enjoyment of their homes. The thousands of hogs confined in the Defendants' buildings produced offensive smells, noise and other di... More...   $50750000 (04-28-2018 - NC)

Julie Hautzenroeder v. Michael DeWine Southern District of Ohio Federal Courthouse - Columbus, Ohio

Due to her conviction for sexual battery, Julie Hautzenroeder
must forever comply with Ohio’s sex offender registration and notification laws. After her
release from prison and community control, Hautzenroeder filed a habeas petition under 28
>
No. 17-3395 Hautzenroeder v. DeWine Page 2
U.S.C. § 2254 challenging her conviction with its attendant ongoing reporting burden. TheMore...
   $0 (04-16-2018 - OH)

Efigenia Garcia v. Mercedes-Benz USA, LLC

After the engine of a brand new Mercedes-Benz died, the
car’s manufacturer offered to repurchase the car for the full
amount less the $3,090 the buyer paid the dealer for additional
products and services (“dealer add-ons”). After the buyer sued
the manufacturer for breach of the implied warranty of
merchantability under the Song-Beverly Consumer Warranty Act
(the Act) (Civ.... More...
   $0 (04-07-2018 - CA)

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