• 6 Oct 2022

    Baer Reed: State v. Camp

    Defendant obtained company checks from her employer and either forged her employer's signature or used blank checks pre-signed by him to satisfy her personal credit card debt. She was charged with numerous counts of forgery, uttering, and dealing in stolen property. The trial court dismissed the charges alleging that defendant was dealing in stolen property. The lower appeals court affirmed, holding that stealing...
    • 6 Oct 2022

    Baer Reed: Miller v. Linden

    Plaintiff woman had been involved in a relationship with the residence owner's co-owner. The owner was aware of the relationship and wished to interfere with it. The owner went to the woman's home, rang the doorbell, beat upon the door, and shouted obscenities at the woman in the presence of her family, friends, neighbors, and minor child. Plaintiff woman filed suit against the owner, claiming that she suffered...
    • 6 Oct 2022

    Baer Reed: Bokis v. Am. Med. Sys.

    Plaintiff, an injured customer, brought a products liability action against the manufacturer of a penile implant alleging defective design, inadequate warnings, and negligent handling after his implant failed to deflate, requiring emergency surgery. The defendant manufacturer moved for summary judgment on the grounds of preemption under the Medical Devices Amendments (MDA) to the Federal Food, Drug and Cosmetic Act, 21...
    • 6 Oct 2022

    Baer Reed: Gibson v. Chem. Card Servs., Corp.

    Plaintiff employee filed suit against defendant employer to recover damages for the intentional infliction of severe emotional distress alleged to have occurred during a criminal investigation in which plaintiff was suspected of stealing credit cards from defendant. The lower court granted defendant's motion for summary judgment and plaintiff appealed.
    • 6 Oct 2022

    Baer Reed: Ginsberg v. Ryan

    Defendant Barry Ginsberg was charged with, inter alia, DUI causing serious bodily injury. The defendant, unable to post the bond, requested an alternative form of pretrial release. The trial court granted pretrial release, conditioned on 24- hour, electronically monitored house arrest. As a further condition of his release, the defendant was required to remain at home, and was permitted to leave only for scheduled and...
    • 6 Oct 2022

    Baer Reed: Christian Echoes Nat'l Ministry v. United States

    Appellee, Christian Echoes National Ministry, Inc., was a nonprofit religious corporation which was founded to maintain weekly religious, radio and television broadcasts, to establish and maintain a national religious magazine and other religious publications, to establish and maintain religious educational institutions. The Internal Revenue Service ruled that appellee qualified as a tax-exempt religious and educational...
    • 6 Oct 2022

    Baer Reed: High v. United States

    Defendant, Melvin L. High shot his childhood friend, Lamar Gaither, fifteen times, killing the 20-year-old on the street outside High's house. The trial court instructed the jury on second-degree murder and voluntary manslaughter as lesser-included offenses of first-degree murder. As it related to the voluntary manslaughter instruction, the trial court contended that the instruction was warranted because the jury...
    • 5 Oct 2022

    Baer Reed: People v. Tackett

    Defendant entered the back door of a house, threw a coat over the head of a woman sleeping on a sofa, and attempted to unbutton her blouse. He was charged with attempted rape and burglary with the intent to rape. He was found not guilty of the attempt and guilty of burglary with the intent to commit rape. Defendant appealed his conviction on the sole ground that the requisite intent to commit rape was not shown beyond...
    • 5 Oct 2022

    Baer Reed: Sawyer v. Sw. Airlines Co.

    Plaintiff airline passengers were not allowed to board because their check-in time was less than 10 minutes before the scheduled departure and they were subject to the airline's 10-minute rule. The passengers were placed on a standby list for the next flight. When the passengers first boarded, they could not find open seats. As the passengers stood in the aisle, searching for seats, a flight attendant said over the...
    • 5 Oct 2022

    Baer Reed: Malczewski v. State

    An amended information alleged that the defendant, with a deadly weapon, a knife, did knowingly and intentionally touch or strike the victim against his will by stabbing the money bag the victim was clutching to his chest. Defendant was convicted of aggravated battery. He sought review of the trial court's denial of his motion to dismiss the aggravated battery count pursuant to Fla. R. Crim. P. 3.190(c)(4).
    • 5 Oct 2022

    Baer Reed: Alaniz v. Rebello Food & Bev., L.L.C.

    The parents were killed when a motorist hit them. Evidence showed that the motorist was drinking at the company owned by appellees. Appellants, children of the deceased parents, filed suit against appellees, claiming that the appellees served alcoholic drinks to the motorist when it was apparent that he was obviously intoxicated. Appellees filed a motion for summary judgment, arguing that there was no evidence that the...
    • 5 Oct 2022

    Baer Reed: Commonwealth v. Magnus M.

    The juvenile was charged in a complaint with being a delinquent child for having violated G. L. c. 266, § 16, by breaking and entering a motor vehicle in the nighttime, with the intent to commit a felony. The juvenile elected to be tried on the complaint by a jury. The jury returned a verdict of “delinquent.” That same day, the judge who presided at the trial issued an order, over the Commonwealth's...
    • 3 Oct 2022

    Baer Reed: Killips v. Mannisto

    The action arose out of a dispute over a triangular strip of land situated between the lots of two neighbors, defendant and plaintiffs, that has been used for approximately 25 years as a portion of plaintiffs' driveway but was in fact titled in defendant's name. Defendant appealed the Circuit Court’s order granting plaintiffs the right to use a triangular strip of defendant's property pursuant to theories...
    • 3 Oct 2022

    Baer Reed: Tonubbee v. River Pars. Guide

    Appellant inmate claimed that he was defamed by an article related to his application for a pardon board hearing because a statement in the article was not supported by the evidence presented at his murder trial. The appellant asserted that the statement imputed unsubstantiated criminal activity to him and that the statement was thus defamatory per se. Summary judgment was granted in favor of appellees, a newspaper, a...
    • 3 Oct 2022

    Baer Reed: Holt v. Holt

    Plaintiff relinquished his right to caveat a codicil to his mother's will, which left him nothing, in exchange for defendants' promise to distribute a portion of their property given under the codicil to plaintiff. The parties disagreed on the amount of the portion and plaintiff brought an action alleging that defendants breached the family settlement agreement. Defendants asserted that the family settlement agreement...
    • 3 Oct 2022

    Baer Reed: LAHR Constr. Corp. v. J. Kozel & Son

    A general contractor hired a subcontractor to perform work on a renovation project. The subcontractor refused to perform the work and the general contractor hired another subcontractor at a higher price. The general contractor filed an action to recover the difference between the amount of the subcontractor's bid and the amount the general contractor paid the substitute subcontractor. The subcontractor filed a motion...
    • 3 Oct 2022

    Baer Reed: Smyrna v. Parks

    Defendant was convicted after he erected a chain link fence in violation of the city's zoning ordinance. Defendant knew that the fence was prohibited, but erected it in disregard of the ordinance. Defendant’s conviction was, however, reversed by the Cobb Superior Court on the grounds that the ordinance was an unreasonable exercise of police power, and therefore unconstitutional. The city appealed the judgment...
    • 3 Oct 2022

    Baer Reed: Niesig v. Team I

    Plaintiff employee, who worked for third-party defendant construction company, brought suit against defendants contractor and owner after being injured at a construction site. Plaintiff moved for permission to have his counsel conduct ex parte interviews of all defendant employees who were on the site at the time of the accident, arguing that these witnesses to the event were neither managerial nor controlling employees...
    • 3 Oct 2022

    Baer Reed: Aponte-Dávila v. Municipality of Caguas

    Plaintiff figured in an accident. Plaintiff filed a complaint in the Puerto Rico federal district court against defendants, seeking damages for physical harm, mental and moral anguish, loss of earnings, and medical expenses. In the complaint, plaintiff alleged that because he was domiciled in Texas and each of the defendants was domiciled in Puerto Rico, the district court had diversity jurisdiction over his state-law...
    • 3 Oct 2022

    Baer Reed: Gamble v. Commissioner

    Respondent, Commissioner of Internal Revenue (commissioner), determined a deficiency in petitioner taxpayers' 1971 income tax resulting from the sale of a yearling colt. According to the respondent, the sale of a yearling colt resulted in ordinary income in that the colt was not a capital asset nor did it qualify for I.R.C. § 1231(b)(3) treatment because the colt was not born until April 1970 and, therefore,...
    • 3 Oct 2022

    Baer Reed: Virginia v. Browner

    Petitioner, the Commonwealth of Virginia, proposed program for issuing air pollution permits. The United States Environmental Protection Agency (EPA) disapproved the proposed program, holding that Virginia failed to comply with the Title V amendments to the Clean Air Act (the Act), 42 U.S.C.S. §§ 766-7661f, because Virginia's proposal lacked adequate provisions for judicial review of its permitting decisions...
    • 3 Oct 2022

    Baer Reed: United States v. An Article

    Appellee manufacturer sold appellee bottles of cosmetic lotion, which had no permanent effects on skin, but claimed on their labels to have given face lifts without surgery. Appellant, United States, brought an in rem action pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 301, et seq., and argued that the lotion was a drug under 21 U.S.C.S. § 321(g)(1)(C), which defined drugs as articles...
    • 3 Oct 2022

    Baer Reed: Sateriale v. R.J. Reynolds Tobacco Co.

    Defendant company operated a customer rewards program, under which the company urged consumers to purchase Camel cigarettes, to save Camel Cash certificates included in packages of Camel cigarettes, to enroll in the program and, ultimately, to redeem their certificates for merchandise featured in catalogs distributed by defendant. The plaintiffs alleged that, in reliance on defendant’s actions, they purchased Camel...
    • 3 Oct 2022

    Baer Reed: KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.

    Petitioner seller of cosmetics sued respondent competitor seeking a declaration that the seller's use of the term "microcolor" did not infringe the competitor's incontestable trademark for "micro colors." The seller contended that it used the term "microcolor" continuously well before the competitor registered its trademark and that its continued use of the term to describe its products...
    • 3 Oct 2022

    Baer Reed: SEC v. Tex. Gulf Sulphur Co.

    Defendant employees of defendant mining company discovered large deposit of ores. Some defendants purchased stock in the company. The company released an ambiguous statement about drilling, then released a detailed statement a few days later, after which the price of the company's stock increased substantially. The district court found some employees guilty of violating securities laws, but dismissed claims as to...