Top PDF IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI., ) Plaintiff, ) Case No. v. ) ), ) Defendant. )

IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI., ) Plaintiff, ) Case No. v. ) ), ) Defendant. )

IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI., ) Plaintiff, ) Case No. v. ) ), ) Defendant. )

i. Whether or not at the time of the collision referred to in plaintiff’s petition, this defendant was performing any business task or job at the request of or on behalf of defendant’s employer, and if so, please state the nature of the task or job being performed and the name of the employer.

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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

Defendants bring their motion for summary disposition pursuant to MCR 2.116(C)(1). When reviewing a motion for summary disposition brought pursuant to MCR 2.116(C)(1), the court considers the pleadings and documentary evidence submitted by the parties in the light most favorable to the nonmoving party. MCR 2.116(G)(5). “The plaintiff bears the burden of establishing jurisdiction over the defendant, but may only make a prima facie showing of jurisdiction to defeat a motion for summary disposition.” Jeffrey v Rapid American Corp, 448 Mich 178, 184; 529 NW2d 644 (1995). The plaintiffs’ complaint must be accepted as true unless specifically contradicted by affidavits or other evidence submitted by the parties. Patterson v Kleiman, 447 Mich 429, 343 n 6; 526 NW2d 879 (1994). Thus, when allegations in the
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IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO CA 26

IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO. Plaintiff-Appellee : C.A. CASE NO CA 26

{¶ 37} The Ohio Supreme Court addressed the issue of whether a competency hearing was necessary in State v. Spivey, which involved a no contest plea. (1998), 81 Ohio St.3d 405, 409-10. A competency hearing will only be held after a plea has been entered if good cause is shown or upon the court’s own motion. State v. Williams, 99 Ohio St.3d 439, 2003-Ohio-4164, ¶61. In Spivey, the Court said the “‘right to a hearing on the issue of competency rises to the level of a constitutional guarantee where the record contains ‘sufficient indicia of incompetence’, such that an inquiry into the defendant’s competency is necessary to ensure the defendant’s right to a fair trial.’” Spivey, supra at 410 quoting State v. Berry (1995), 72 Ohio St.3d 354, 359. An appellate court when reviewing the record for indicia of incompetence should give deference to the trial court and those who saw and heard the proceedings in the courtroom. Williams, supra at ¶62. The essential issue is whether the defendant is capable of understanding the charges against him and assisting his counsel, which the defendant may be able to do even if he is emotionally disturbed. State v. Smith, 89 Ohio St.3d 323, 329, 2000-Ohio-166.
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. v. CASE NO. COMPLAINT

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. v. CASE NO. COMPLAINT

29. As provided by Section 501.160(3), charging unconscionable prices in a declared state of emergency is a violation of the Florida Deceptive and Unfair Trade Practices Act, Section 501.204. By undertaking the activities described in paragraphs 8 to 22, Defendant DAVID MEDINA engaged in unconscionable, unfair and deceptive acts and practices in violation of Florida Statute Section 501.204.

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IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT PUTNAM COUNTY PLAINTIFF-APPELLEE, CASE NO

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT PUTNAM COUNTY PLAINTIFF-APPELLEE, CASE NO

{¶28} Moreover, I reject the majority’s contention that Coe’s testimony in this case is governed by our decision in State v. Perez, 3d Dist. No. 4-03-49, 2004- Ohio-4007. In Perez there was a clear indication that the defendant had to take the stand to address his silence due to the State improperly addressing the defendant’s silence during its case-in-chief. There is no indication in the record that the defendant took the stand in this case for that purpose. On the contrary, evidence was presented at trial that Coe knew the victim (unlike State’s witness Straley who did not know the victim at all), had been in the victim’s trailer, was picked up at the victim’s trailer with the victim’s goods (perhaps with the full assistance during the burglary of Straley or perhaps without Straley’s assistance as Straley testified). Furthermore, when confronted about the stolen material, Coe had already stated to
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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND BUSINESS COURT

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND BUSINESS COURT

Plaintiff’s right to recover $641,000 was the subject of a pending lawsuit when Plaintiff unilaterally decided to stop paying Defendant its entitled commissions. Defendants repeatedly disagreed with Plaintiff’s stance that it could recoup said amounts by stopping paying current commissions. This was always clear to Plaintiff. The Court finds that this is not a case where Defendants waived their right to claim first breach by accepting some monies for services already performed just before they announced their rescission of the contract on March 7, 2014.
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STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY BRANCH 08. Plaintiff, Case No. 15CV Defendant. ORAL RULING

STATE OF WISCONSIN CIRCUIT COURT MILWAUKEE COUNTY BRANCH 08. Plaintiff, Case No. 15CV Defendant. ORAL RULING

1 but obviously for the record, and I'm now speaking 2 to any appellate court that would review this, that 3 I carefully analyzed how they went about performing 4 the assessment. As obviously the property manual 5 sets forth methods, the Markarian case and the 6 statute also gives guidance to that. So it was 7 within that context and the overall record that 8 this court evaluated their testimony.

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Determining Needs in a Rural County:  The Case Of Greene County

Determining Needs in a Rural County: The Case Of Greene County

levels of trust of information sources. Data was collected using computer-aided telephone interviewing. The sample was drawn randomly from registered voters over the age of eighteen. The demographic characteristics of the respondents were average age of fifty-one, median income between $35,000 and $50,000, and some college education with no degree. The results showed that as educational level increased, trust in the information sources decreased. There was a relatively small relationship between assessment results and place of residence in the state. There was no significant and meaningful relationship between trust and the other demographics of employment, family composition and gender. The final findings revealed “that young, educated, and high-income individuals are less trusting, in general, of most of the sources of information” (p. 7).
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MONTGOMERY COUNTY CIRCUIT COURT

MONTGOMERY COUNTY CIRCUIT COURT

Complaint is to be filed. The notice shall be signed by the Clerk and shall include the caption of the case, describe the substance of the Complaint and the relief sought, inform the defendant of the latest date by which a response is to be filed, warn the defendant that failure to file a response within the time allowed may result in a judgment by default or the granting of the relief requested. The Sheriff will automatically make their return as to the posting. Make sure Sheriff posted notice for 30 days. The plaintiff must file an “Affidavit of Mailing”, stating what was mailed and date of mailing. Mailing should be to the defendant’s last known address.
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2:11-cv GER-MKM Doc # 49 Filed 08/05/13 Pg 1 of 19 Pg ID 383 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:11-cv GER-MKM Doc # 49 Filed 08/05/13 Pg 1 of 19 Pg ID 383 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In light of these competing claims to the $150,000 in benefits payable under Mr. Candela’s life insurance policy, Plaintiff State Farm commenced this interpleader action on June 28, 2011, asking the Court to determine which of these claims should prevail. Defendant Information Systems Audit and Control Association has been voluntarily dismissed as a party, leaving Defendants P.M.C., Banco Popular, and the United States Small Business Administration as the remaining parties claiming an interest in the policy proceeds.

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Case 1:06-cv TBR-ERG Document 162 Filed 05/11/10 Page 1 of 9 PageID #: 4549

Case 1:06-cv TBR-ERG Document 162 Filed 05/11/10 Page 1 of 9 PageID #: 4549

Chris Kelly’s testimony demonstrates that Defendant did very little investigation and failed to speak with the auditor, Plaintiff’s direct supervisor, or the U.S. Attorney prior to suspending Plaintiff. Kelly’s testimony also demonstrates that he was aware of the fact that Plaintiff was claiming to be a protected employee under the False Claims Act prior to making the decision to suspend Plaintiff. The letters back and forth between Defendant, Plaintiff’s attorney, and the U.S. Attorney’s Office provide further evidence that the jury may have reasonably relied upon in finding pretext. The letters from Defendant indicate that Plaintiff refused to meet with them, yet neither Plaintiff nor his attorney ever made such declarations. Viewing all of this evidence together, and in a light most favorable to the nonmoving party, the Court finds that enough evidence was presented to demonstrate pretext and that a reasonable jury could have found for Plaintiff based on that evidence. Defendant’s motion for judgment as a matter of law is denied.
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RESURGENCE FINANCIAL, LLC, Plaintiff and Respondent, v. PAMELA S. CHAMBERS, Defendant and Appellant. Case No AP

RESURGENCE FINANCIAL, LLC, Plaintiff and Respondent, v. PAMELA S. CHAMBERS, Defendant and Appellant. Case No AP

OVERVIEW: Defendant contended the action was barred by the applicable statute of limitations. The ap- pellate division of the superior court concluded that: (1) Delaware's statute of limitations, Del. Code Ann. tit. 10, § 8106, governed the LLC's causes of action because the credit card agreement contained a Delaware choice-of-law clause and the LLC's predecessor in inter- est was a Delaware corporation; (2) applying Delaware law, the action was barred by the three-year limitations period of § 8106; and (3) Del. Code Ann. tit. 10, § 8117, did not toll the statutory period. Section 8117 tolls the statute of limitations only when a defendant is not sub- ject to service of process. The LLC was not a Delaware corporation, did not reside in Delaware, and could not legally have filed the action in Delaware. Instead, the LLC was required to file suit in California. Thus, defen- dant was subject to suit in the only forum where she was amenable to suit. Applying Delaware's tolling statute to a case filed in California in these circumstances would have been absurd. Because the LLC did not, and could
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No. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff,

No. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff,

Cir) Cert. Den. 351 US 931 (1956). The statute’s express language supercedes the common law injunctive relief elements such as imminent harm or irreparable injury and lack of an adequate remedy at law ... [The State] need only demonstrate to the court its reason to believe that (1) any person is engaging in, has engaged in, or is about to engage in any act or practice declared to be unlawful by the DTPA, and (2) that the proceedings would be in the public interest. West v. State, 212 SW3d 513 (Tex.App.- Austin, 2006, no pet.). The state is likewise not required to prove the likelihood of future violations nor is required to show probable injury. Ibid at515. Injunctive relief may be granted to the State upon a showing of only a violation of a statute. Gulf Holding Corp. v. Brazoria County, 497 S.W.2d 614 at 619 (Tex. Civ. App.- -Houston [14 th ] 1973, writ ref’d n.r.e.).
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IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

information with DUI based on the defendant’s driving with a blood- alcohol content over 0.08 while driving on a revoked license, which elevated the DUI offense to a felony. Although the main issue in the case was whether the defendant’s motion for a speedy trial applied to the recharged offense or only to the offenses charged by the traffic ticket, this court’s discussion of the offense of DUI is instructive. The State argued that there were four charges against the defendant, three misdemeanors and one felony. The State maintained that the speedy- trial motion applied only to the misdemeanor charges. This court rejected that argument, holding that, under the plain language of the DUI statute, there was only one offense of driving under the influence. The court noted that the statute designates any violation of subsection (a) as a misdemeanor. Subsection (c) of the statute contains a list of factors that enhance the misdemeanor to various different classes of felonies. Thus, the enhancing factors that elevated the defendant’s offense to a felony did not create a new offense, but merely served to enhance the punishment. Citing People v. Quigley, 183 Ill. 2d 1, 10 (1998), this court found that the essential and underlying criminal act is the same for misdemeanor and felony DUI, i.e., driving under the influence of alcohol or drugs. Van Schoyck, 232 Ill. 2d at 337. The court also observed that section 111–3(c) of the Criminal Code of 1961 specifically provides that when the State seeks an enhanced sentence through the use of a prior conviction, the fact of the conviction and the State’s intention to seek the enhanced penalty are not elements of the offense. Thus, because the recharged DUI in Van Schoyck did not allege a different offense, this court held the speedy-trial demand was applicable to the recharged offense. Van Schoyck, 232 Ill. 2d at 338-40.
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Basic Guide to Wisconsin Small Claims Actions Barron County

Basic Guide to Wisconsin Small Claims Actions Barron County

Use the form Answer and Counterclaim (SC-5200V) to prepare your counterclaim. Clearly describe your claim in your own words. Make sure to include any relevant dates and specific facts. State the amount of money you believe you are owed and also state any other action you are asking the court to take. Think carefully about how much your claim is worth. This is important because the amount of your claim affects how you proceed with your counterclaim and whether there will be a filing fee for the counterclaim (see below: "What if I want to Counterclaim for more than $10,000 or I want to file a tort or personal injury counterclaim for more than $5,000?").
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STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS

In Dorris v Detroit Osteopathic Hosp Corp, 220 Mich App 248, 249; 559 NW2d 76 (1996), the plaintiff sued a hospital and alleged that she refused a particular drug that was subsequently administered to her. After she received the drug, the plaintiff’s blood pressure dropped. Id. at 249. The plaintiff requested the name of her roommate in the hospital because she claimed the roommate was present when she refused the drug. Relying on Schechet, this Court held the name of the nonparty roommate was protected by the physician-patient privilege. Id. at 251-252. Similarly, in Popp v Crittenton Hosp, 181 Mich App 662; 449 NW2d 678 (1989), this Court relied on Schechet and held that the plaintiff was not entitled to the name and medical records of a nonparty patient. In Dierickx v Cottage Hosp Corp, 152 Mich App 162, 164-165; 393 NW2d 564 (1986), the plaintiffs brought a medical malpractice action claiming their first- born daughter suffered central nervous system damage because of defendant’s negligence. The defendant requested the medical records of the plaintiffs’ two youngest children, one of whom appeared to have a similar disorder as the eldest daughter, to determine if the central nervous system damage could have been genetic. Id. at 165. This Court held that the two younger children had not placed their disorder in controversy, and therefore did not waive the privilege. Id. at 167. This Court in Baker, 239 Mich App at 463, with the support of the above cited cases, held that “the physician-patient privilege is an absolute bar that prohibits the unauthorized disclosure of patient medical records, including when the patients are not parties to the action.” Thus, Schechet and its progeny fully support our holding that the names, addresses and telephone numbers requested by plaintiff are privileged under Michigan law. 3 These cases clearly state that nonparty names and other related medical information is “within the veil of privilege.” Schechet, 372 Mich at 351. The nonparty patients in this case have not waived the privilege by putting their medical condition in controversy. Dierickx, 152 Mich App at 167. Additionally, much like the nonparty patient in Dorris, the patients in this matter likely are not aware of the pending lawsuit. Because we hold that HIPAA does not preempt Michigan law on this issue and that, under MCL 600.2157, plaintiff is not entitled to the requested nonparty
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IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT HENRY COUNTY PLAINTIFF-APPELLANT, CASE NO

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT HENRY COUNTY PLAINTIFF-APPELLANT, CASE NO

citing State ex rel. Cassels v. Dayton City School Dist. Bd. of Ed., 69 Ohio St.3d 217, 222 (1994). Summary judgment is appropriate when, looking at the evidence as a whole: (1) there is no genuine issue as to any material fact, and (2) the moving party is entitled to judgment as a matter of law. Civ.R. 56(C). In conducting this analysis the court must determine “that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, [the nonmoving] party being entitled to have the evidence or stipulation construed most strongly in the [nonmoving] party’s favor.” Id. If any doubts exist, the issue must be resolved in favor of the nonmoving party. Murphy v. Reynoldsburg, 65 Ohio St.3d 356, 358-59 (1992).
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) FIRST CLAIM FOR RELIEF

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) FIRST CLAIM FOR RELIEF

procedure, alternatives and risks of midwives and nurses managing Amy Benton’s prenatal and intrapartum care and her labor and delivery without supervision by and consultation with an obstetric physician in the following respects: defendant represented to Matthew Marino and Amy Benton that defendants’ midwifery care of Amy Benton would be safe because Amy Benton’s prenatal care and her labor and delivery would be managed not just by midwives but by a team comprised of obstetric physicians and midwives and the obstetricians would oversee the midwifery care when defendant knew such representations were false, when no such team management and obstetrician oversight were provided and defendant knew that, without obstetric oversight, there was increased risk of harm;
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_/ STATE OF MICHIGAN, CIRCUIT COURT FOR THE 30 TH JUDICIAL CIRCUIT INGHAM COUNTY BEN HANSEN,

_/ STATE OF MICHIGAN, CIRCUIT COURT FOR THE 30 TH JUDICIAL CIRCUIT INGHAM COUNTY BEN HANSEN,

To support the detennination of the Court that Plaintiff is liable for the MDCH's costs, expenses, and attorney fees in the amount of $3,500.00, the MDCH moves to supplement the record m[r]

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Florida Bankruptcy Case Law Update March 19, 2015 Central Florida Bankruptcy Law Association

Florida Bankruptcy Case Law Update March 19, 2015 Central Florida Bankruptcy Law Association

 Receiver appointed by district court in action arising from breach of commercial loan documents had authority over corporate debtors and had the power to put the corporate debtors into voluntary chapter 11 cases. Owner of the debtors sought dismissal, but was denied. The district court affirmed denial of the motion to dismiss.

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