Lexis Nexis - Case Brief

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    • 20 Sep 2019

    Baer Reed: United States v. Karo

    Drug Enforcement Administration agents obtained a court order authorizing the installation and monitoring of a beeper in a can of ether that was to be delivered to a buyer. The agents, with the seller’s consent, substituted their own can containing the beeper for one of the cans in the shipment. By monitoring the beeper, agents determined that the can of ether was moved several times, and the agents eventually tracked...
    • 20 Sep 2019

    Baer Reed: Wolder v. Commissioner

    Pursuant to a written agreement, appellant taxpayer, who was an attorney, provided legal services at no charge to his client , who bequeathed her stock to appellant upon her death. Appellant received the stock and cash one year after the client's death, when its value had considerably increased. The Tax Court held that the stock and cash were taxable income, under I.R.C. § 61, and were not exempt as a bequest...
    • 20 Sep 2019

    Baer Reed: Jackson v. Cal. Newspapers P'ship

    Plaintiff Vincent “Bo” Jackson brought an action alleging defamation, invasion of privacy and intentional infliction of emotional distress against defendants, who were The California Newspapers Partnership, MediaNews Group, Inc., MediaNews Group Interactive, Inc., Jim Mohr, Steve Lambert and Robert Balzer, in an Illinois state court. Defendants removed the case to federal district court. The alleged defamatory...
    • 18 Sep 2019

    Baer Reed: Brooker v. Silverthorne

    Plaintiff was night operator at the telephone exchange at Barnwell. That defendant called the exchange over the telephone and asked for a certain connection, which she promptly tried to get for him, but, upon her failing to do so, he cursed and threatened her in an outrageous manner. The language and threat of defendant put Plaintiff in great fear that he would come to the exchange and further insult her, and that she...
    • 18 Sep 2019

    Baer Reed: Nebraska v. Iowa

    Iowa was admitted into the Union in 1846, and its western boundary as defined by the act of admission was the middle of the main channel of the Missouri River. Nebraska was admitted in 1867, and its eastern boundary was likewise the middle of the channel of the Missouri River. Between 1851 and 1877, in the vicinity of Omaha, there were marked changes in the course of this channel, so that in the latter year it occupied...
    • 18 Sep 2019

    Baer Reed: Train v. Colo. Pub. Interest Research Grp., Inc.

    Colorado residents and organizations who claimed potential harm from the discharge of radioactive effluents from two nuclear power plants, brought an action against petitioner, the Administrator of the Environmental Protection Agency (EPA), under the Federal Water Pollution Control Act (FWCPA). The EPA disclaimed any authority under the FWPCA to set standards for the discharge of radioactive materials. Petitioner EPA...
    • 18 Sep 2019

    Baer Reed: United States v. Miller

    Bureau of Alcohol, Tobacco and Firearms agents gave grand jury subpoenas duces tecum issued in blank from the district court to the presidents of banks where the defendant kept his accounts. The banks made the documents available to the agents, which were then used in their investigation of defendant, charging him with various federal offences and used against him at his trial. He filed a motion to suppress microfilms...
    • 18 Sep 2019

    Baer Reed: In re Proposed N.H. Rules of Civil Procedure

    The New Hampshire Bar Association (NHBA) and the Supreme Court Advisory Committee on Rules (Committee) worked together to produce, propose and recommend a new system of rules of civil procedure for the state of New Hampshire. The NHBA and the Committee based their proposed rules on the Federal Rules of Civil Procedure. After the Supreme Court of New Hampshire invited NHBA members to comment, the court then prepared to...
    • 18 Sep 2019

    Baer Reed: State v. Guebara

    Paul Guebara shot and killed his wife, Genny Guebara, after she had filed for a divorce. Guebara admitted the homicide in his testimony at the trial. His counsel requested the trial court to instruct the jury on the lesser included offense of voluntary manslaughter as defined by K.S.A. 21-3403 . The trial court instructed the jury on murder in the first and second degree but refused to give the requested instruction on...
    • 18 Sep 2019

    Baer Reed: Giles v. Giles Land Co., L.P.

    Kelly Giles (Kelly), a general partner in a family farming partnership, Giles Land Company, L.P., filed suit against the partnership and his partners, arguing that he had not been provided access to partnership books and records. The partnership had held a meeting to discuss converting the partnership into a limited liability company. Kelly was unable to attend the meeting, but he later received a letter explaining the...
    • 18 Sep 2019

    Baer Reed: McCarty v. Browning

    In December, 1992,attorney Browning handled for client McCarty the closing for McCarty's purchase of a home. After the purchase (in 1996) McCarty was cited by Monroe County for having an illegal downstairs enclosure on the property, the enclosure of which pre-existed McCarty's purchase. McCarty, to bring the property into code compliance, removed the offending enclosure, then filed a legal malpractice claim against...
    • 18 Sep 2019

    Baer Reed: Tarnowski v. Resop

    After plaintiff Roland J. Tarnowski employed defendant F. James Resop as his agent to investigate and negotiate the purchase of a business, Tarnowski made an investment. Subsequently, Tarnowski discovered that Resop's representations concerning the business were false and obtained a judgment against the sellers for rescission. Tarnowski then brought actions against Resop in Minnesota state court seeking to recover...
    • 18 Sep 2019

    Baer Reed: Westville v. Whitney Home Builders, Inc.

    Plaintiff Borough of Westville adjoined the Township of Deptford. Defendant Whitney Home Builders ("Whitney") was constructing a residential neighborhood in Deptford, and as part of the project, Whitney's affiliated sewage company, defendant Woodbury Terrace Tract Corp., built a treatment plant for the sewage generated by the residences in the neighborhood. The liquid effluent of the treated sewage ultimately...
    • 18 Sep 2019

    Baer Reed: Black v. Kroger Co.

    Plaintiff Cathy E. Black sued her former employer, defendant Kroger Co., in Texas state court alleging that she had been illegally detained by the company's agents who had accused her of theft by failing to ring up purchases of merchandise while employed as a checker at one of its grocery stores. The jury found that Kroger, through its agents, servants or employees had caused Black to be falsely imprisoned; that prior...
    • 18 Sep 2019

    Baer Reed: Carpenter v. United States

    Petitioner R. Foster Winans was coauthor of a Wall Street Journal ("Journal") investment advice column which, because of its perceived quality and integrity, had an impact on the market prices of the stocks it discussed. Although he was familiar with the Journal's rule that the column's contents were the Journal's confidential information prior to publication, Winans entered into a scheme with petitioner...
    • 18 Sep 2019

    Baer Reed: Bryant v. Bakshandeh

    S.B., the infant son of plaintiffs Robert and Virginia Bryant, died from an infection resulting from procedures carried out in preparing him for surgery. The Bryants filed an action in California state court for wrongful death, negligence, and failure to inform adequately regarding possible complications against defendants Cedars Sinai Medical Center ("Cedars"), doctors Stephen Gans and Edward Austin ("treating...
    • 18 Sep 2019

    Baer Reed: Beall v. Beall

    n 1968, plaintiff Carlton G. Beall purchased a farm in Prince George's County from Pearl Beall. At that time, the property was farmed by Pearl's son, Calvin Beall. The record discloses that plaintiff Carlton and Calvin were second cousins. Calvin was married to Cecelia M. Beall, the defendant herein. Carlton agreed that Calvin could continue to farm the property if he would pay the annual property taxes. Calvin...
    • 18 Sep 2019

    Baer Reed: Kirksey v. Kirksey

    Defendant distributees of an intestate decedent appealed from the final decree of the Probate Court of Talladega (Alabama), which allowed plaintiff administrator, Albert O. Kirksey, to retain the amount of a voucher together with interest for the amount of a promissory note for $4,000, which was purportedly signed by the decedent and was allegedly given for money loaned by the administrator to the decedent. The distributees...
    • 18 Sep 2019

    Baer Reed: Dual Drilling Co. v. Mills Equip. Invs.

    Travis Vollmering (Vollmering) and Atlas Iron and Metal Company (Atlas) who were partners, agreed to buy from Dual Drilling (Dual) an inoperative off-shore oil rig located in a shipyard. Dual retained ownership of certain parts. Vollmering and Atlas hired and sold most of the scrap metal to the dismantler, Southern Scrap Recycling, Morgan City (Southern Scrap) and mistakenly identified an adjacent rig as theirs. Dual...
    • 18 Sep 2019

    Baer Reed: Int'l Shoe Co. v. FTC

    The complaint charges that in May 1921, while International Shoe Company (International Shoe) and the W. H. McElwain Company (McElwain) were engaged in commerce in competition with each other, International Shoe acquired all, or substantially all, of the capital stock of the McElwain and still owns and controls the same; that the effect of such acquisition was to substantially lessen competition between the two companies;...
    • 18 Sep 2019

    Baer Reed: Rockwell Graphic Sys., Inc. v. DEV Indus., Inc.

    Rockwell Graphic Systems (Rockwell), a manufacturer of newspaper printing presses and supplier of parts, sued DEV Industries, Inc. (DEV) a competing manufacturer, and Robert Fleck, a former employee of Rockwell, for misappropriation of trade secrets. The district court granted summary judgment for defendants DEV based on a magistrate's conclusion that Rockwell had no trade secrets because it had failed to take reasonable...
    • 18 Sep 2019

    Baer Reed: Williams v. McCoy

    Plaintiff Joanne C. Williams filed an action against defendant Mia McCoy claiming personal injury resulting from a 1997 automobile accident between the two litigants. Based upon a pre-trial motion by defendant, the trial court instructed plaintiff not to testify that there was liability insurance, reference any conversations or contact with liability insurance adjusters, pursuant to N.C. Gen. Stat. § 8C-1, N.C. R...
    • 18 Sep 2019

    Baer Reed: Caldor, Inc. v. Bowden

    Plaintiff Samuel Bowden brought suit against his employer defendant Caldor, Inc. and three Caldor employees alleging false imprisonment, wrongful discharge, malicious prosecution, defamation, and intentional infliction of emotional distress. The complaint arose from incidents in which Bowden was detained and interrogated by Caldo personnel concerning alleged thefts from the store and Bowden's subsequent termination...
    • 18 Sep 2019

    Baer Reed: Ploof v. Putnam

    Defendant Sylvester A. Ploof owned an island and boat dock on Lake Champlain. While plaintiff Henry Putnam was on his boat on the lake with his family, a storm arose. Putnam secured his boat to Ploof's dock to keep it safe during the storm. Ploof's employee and caretaker on the island untied Putnam's boat from the dock, which was then damaged during the storm. Putnam filed a lawsuit against Ploof in Vermont...
    • 18 Sep 2019

    Baer Reed: United States v. Salerno

    Under particular conditions, the Bail Reform Act of 1984, 18 U.S.C.S. § 3141, et seq. ("Act"), permitted a federal court to detain an arrestee without bail, pending trial, on the ground of such an arrestee's dangerousness to any other person and to the community. Defendants Anthony Salerno and Vincent Cafaro were arrested after being indicted on numerous counts of racketeering activity—including...