A Washington State appeals court has overturned a lower court’s decision to dismiss a negligence lawsuit against a doctor who caused a car accident after suffering a stroke. The appeals court ruled that there are genuine questions about whether the doctor’s stroke caused the crash and whether the stroke was…
-
-
Idaho Appeals Court Upholds Aggravated Battery Conviction
The Idaho Court of Appeals has affirmed the conviction of Jason Nicholas Long for aggravated battery. The court addressed several arguments raised by Long, including the admissibility of a post-battery threat, alleged prosecutorial misconduct, and the appropriateness of restitution. Background of the Case The case stemmed from an incident where…
-
Administrative Law - Bankruptcy Law - Constitutional Law - Criminal Law - Family Law - Property Law - Tort Law
Indiana Supreme Court Weighs in on Insurer’s Duty in Multi-Claimant Accidents
In a recent decision, the Indiana Supreme Court addressed a complex issue facing insurance companies: what to do when multiple people are injured in an accident, and the available insurance money isn’t enough to cover all the claims. The court clarified an insurer’s responsibilities in these situations, providing guidance on…
-
Nursing Home Must Arbitrate Wrongful Death Claim, Alabama Supreme Court Rules
The Alabama Supreme Court has reversed a lower court’s decision, ruling that a nursing home can compel arbitration in a wrongful death case. The case involves Mobile Nursing and Rehabilitation Center, LLC (MNRC) and Michael Britton, appealing against Jeanne Sliman, who is the personal representative of the estate of Ernest…
-
Court Rules in Favor of Gun Shop Owner in Premises Liability Case
The Court of Appeals of Georgia has sided with John Welch Jr., the owner of a gun and pawn shop, in a premises liability case brought by Bobby Ray Stevens and Kelli Mayfield, the executor of the estate of Olivia Stevens. The case stemmed from an accident where Stevens’ vehicle…
-
Court Upholds Conviction of Tennessee Highway Patrol Trooper in Domestic Assault Case
A Tennessee appeals court has affirmed the convictions of Nicholas S. Collins, a former Tennessee Highway Patrol (THP) trooper, on charges of domestic assault, assault, and aggravated domestic assault. The case stemmed from an incident in February 2022, shortly after Collins’ wife, Whitney Collins, had moved out of their home…
-
Missouri Appeals Court Reverses Ruling in Juvenile Assault Case
The Missouri Court of Appeals, Western District, has overturned a lower court’s decision in the case of A.B., a juvenile who was found to have committed second-degree assault. The appeals court ruled that the lower court made a mistake by accepting A.B.’s admission of guilt without properly ensuring it was…
-
Court Upholds Dismissal of FDCPA Lawsuit Against Freedom Mortgage and Law Firm
The Eleventh Circuit Court of Appeals has affirmed a lower court’s decision to dismiss a lawsuit brought by James Taylor against Freedom Mortgage Corporation and the law firm McCalla Raymer Leibert Pierce, LLC. Taylor alleged violations of the Fair Debt Collection Practices Act (FDCPA) in connection with nonjudicial foreclosure proceedings…
-
Court Reverses Decision in Debt Collection Case, Citing Improper Evidence Weighing
The California Court of Appeal, First Appellate District, has overturned a lower court’s decision in a case involving a debt collection lawsuit. The appellate court found that the trial court made errors in evaluating the evidence presented, specifically in how it treated the plaintiff’s uncorroborated declaration. The Heart of the…
-
James Taylor Loses Appeal in Fair Debt Collection Practices Act Case
A recent ruling by the Eleventh Circuit Court of Appeals has upheld the dismissal of a lawsuit brought by James Taylor against Freedom Mortgage Corporation and the law firm McCalla Raymer Leibert Pierce, LLC. Taylor had claimed the defendants violated the Fair Debt Collection Practices Act (FDCPA) in connection with…