2013) (per curiam); see also 18 U.S.C. Defendant WME is a booking agent that assists Hall and his management in arranging Hall's public appearances. The court reasoned that while "DJ" describes Kibler's craft, "LOGIC" is not even "suggestive of the. Therma-Scan, 295 F.3d at 635 ("[I]n the context of a motion for summary judgment, any evidence of confusion, regardless of how minimal, weighs in [the plaintiff's] favor."). However, the Supreme Court has held that "all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other `seizure' of a free citizen should be analyzed under the Fourth Amendment and its `reasonableness' standard." Plaintiff's evidence does not support an affirmative answer to any of these three questions. The trial court held that the driver's negligence in failing to see the approaching vehicles was not, under the circumstances, sufficient to evidence a state of mind evincing utter irresponsibility or conscious abandonment of any consideration for the safety of her guest as required for a liability finding under the guest statute. The law is a straightforward but at the same time complicated rule that everyone is required to follow. 1980). Id. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The plaintiff seeks $10 million in compensatory damages. Due both to the case method of studying the law and the common law emphasis on judicial opinions, the title of an opinion (Jones v. Smith) becomes a symbol of the rule for which it stands. On the way back from the store, Pepe suddenly has a mild, epileptic seizure and, while in it, he accidentally hits the car in front of him. Case Law; Federal Cases; Kibler v. Hall, No. Full title:LEE JASON KIBLER, Plaintiff, v. ROBERT BRYSON HALL, II, ET AL., Defendants. . See id. Additionally, the officer in McLenagan may not have seen a gun in the plaintiff's hands; however, he also could not confirm there was no gun. See Sigman v. Town of Chapel Hill, 161 F.3d 782, 787 (4th Cir.1998) (citing Graham v. Connor,490 U.S. 386, 396-97, 109 S. Ct. 1865, 104 L. Ed. Defendant was driving east along Mt. Proving Conduct - Kibler v. Maddux. That subsection provides as follows: Plaintiff's dilution claim fails because no reasonable jury could find his "DJ Logic" mark "famous" within the meaning of the Lanham Act. Accordingly, this factor favors Plaintiff. P. 56(c). 15 U.S.C. Hannah agrees to sell her used nursery furniture to her, A manufacturer of an electric meter that included surge protectors to prevent damage to the meter from overloads is sued exclusively for strict product liability by an electric company after the. he is under the name dj logic. Proctor had lost his glasses, initially thought he had been shot, and despite this, was still attempting to cover the back of the house. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from #81] along with a supporting Affidavit [82]. 40 Case Brief Examples & Templates. Court: United States Courts of Appeals. McLenagan, 27 F.3d at 1009. 19021. CitationBernier v. Boston Edison Co., 380 Mass. . Based on these facts, no evidence exists proving that the defendants exhibited any degree of negligence and much less does it show "an utter disregard of prudence amounting to complete neglect for the safety of another." Virginia, Harrisonburg Division. As they were walking towards the house, the officers noted fresh blood on a vehicle parked outside the house. Sigman, 161 F.3d at 787 (quoting Graham, 490 U.S. at 396-97, 109 S.Ct. Id. The case says that in many jurisdictions, courts now deemphasize the role of exclusive control as a condition of res ipsa loquitur, even though earlier decisions had it. subsequently dismissed the cases of Mrs. Maddux and her daughter against Mr. Bryie, the driver of the following car, on the ground that 'there is no evidence of damage . It was also stated . A) It is a valuable resource for judges to consult, but it is not formal law. Likewise, Defendants Hall, Team Visionary Music Group, and Three Oh One Productions (the Hall Defendants) filed a Motion for Summary Judgment [85] and supporting Declarations [86, 87]. Plaintiff and another were passengers in Defendants car. On May 27, 2015, all defendants moved for summary judgment on Plaintiff's trademark infringement, trademark dilution, and related claims. In Cheryl's brief, she asserts that her motion to vacate was sought as both an equitable remedy and a cure for "`mistake, neglect, [or] omission of the clerk, or irregularity in obtaining a judgment or order'" under Neb.Rev.Stat. John Marshall Law School. Make your practice more effective and efficient with Casetexts legal research suite. Plaintiff has sold less than 300 albums over the past three years and less than 60,000 since release of his first album sixteen years ago. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. show that the D acted reasonably under the circumstances? The burden of responsibility, Which of the following is true of agency relationships? Regardless of whether probable cause actually existed, if a reasonable officer possessing the same particularized information as the defendants had, believed that his conduct was lawful in light of Garner, then the defendants are entitled to qualified immunity. he had epilepsy. Intentional torts c. Casual workers 5. At the time of the shooting, . Additional reading TBA Oct. 1 Research workshop for Memo #2 TBA Oct. 3 Breach Dobbs 150 (notes)-165 (Forsyth v. Joseph; Kibler v. Maddox problem; Thoma v. Cracker Barrel; Wal-Mart Stores v. Wright; Duncan v. Corbetta; The T.J. Hooper; Miller v. Warren) Gift v. Palmer (posted on TWEN) Additional reading TBA Oct. 5 Breach Dobbs 165 -176 (Byrne v. As such, "courts must scrutinize and dismiss appropriate cases on qualified immunity grounds early in the litigation." This decision highlights the role of foreseeability in proving negligence. However, the Sixth Circuit has "endorsed the 'anti-dissection rule,' which serves to remind courts not to focus only on the prominent features of the mark, or only on those features that are prominent for purposes of the litigation, but on the mark in its totality." When a man exited the house the same man that Kibler thought was kneeling over the female victim he shot Milstead. Plaintiff Matthew Milstead filed a complaint against defendants Chad Kibler, Scott Proctor, and Lester Whetzel, invoking federal jurisdiction pursuant to 28 U.S.C. P stood near a counter at D's store for about 15 min. In hindsight, the defendants made errors upon arriving at the scene of the crime. Id. permalink. Matsushita Elec. Plaintiff must prove by a fair preponderance of the evidence that the defendant was negligent and that his negligence was the proximate cause of the accident. The mere happening of an accident is not evidence of negligence. You can explore additional available newsletters here. The decedent was killed. Kibler v. Hall. Defendant UMG Recordings d/b/a Def Jam Recordings (Def Jam) filed a Motion for Summary Judgment . No. Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Defendants answered the complaint on November 4, 1998, along with their motion to dismiss or for summary judgment. contact us at admin@lawschoolcasebriefs.net. The underlying allegations for all three counts are the same. Appellant maintained that the The information that Kibler had at the time he shot Milstead was that (1) a female had been stabbed, (2) Milstead had been shot in the neck, (3) the intruder, Ramey, was armed with a gun, (4) Ramey had apparently shot at Officer . The defendants immediately positioned themselves so as to secure the . You also have the option to opt-out of these cookies. Finally, after more backup units arrived, Kibler removed Milstead from the deck. The court entered a judgment against the truck driver for the damages found. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. at 1007. Parsell regained control but did nothing in response to Beisels dangerous action other than laugh about it. The Court held a hearing on July 21, 2014, and denied the motion for preliminary injunction. Plaintiff proffered no eyewitness testimony or other evidence. Typically this is used for more effective self-study. When Milstead burst through the door attempting to escape, Kibler could not tell whether he had a gun, but states that this person's hands were up in the air, though not exactly sure where. See Vathekan, 154 F.3d at 179-80 (stating "summary judgment on qualified immunity grounds is improper a long as there remains any material factual dispute regarding the actual conduct of the defendants") (citation omitted). (Stinnett v. Buchele : See brief for short discussion) a. Jet, Inc. v. Sewage Aeration Systems, 165 F.3d 419, 423 (6th Cir. KIBLER v. HALL, Court Case No. 14-10017 (E.D. The fact that the passenger at no time protested or said anything to alert the driver to any possible danger, until the moment of impact, is also relevant upon her mental state. Counts Three and Four allege a Michigan Consumer Protection Act (MCPA) violation and unfair competition, respectively. Under these facts, the court denies plaintiff's motion for summary judgment. Pepe had never had an epileptic seizure before. He currently has no recording contract, and his past recording contracts were not with a major label. Because Plaintiff's evidence of actual confusion does not exceed a handful of instances in the context of the parties' careers, the Court holds it insufficient to overcome the overall weakness of Plaintiff's mark, its dissimilarity from Defendant Hall's mark, and the lack of support from other factors. However, the court has discretion to address state law claims even where all federal claims are disposed of in favor of the defendants, and the "balance between judicial efficiency and comity is struck in favor of the federal court's disposition *902 of the state claims." 1. The court reversed the judgment against the automobile driver and dismissed the complaint as to her. In Ward v. Marshall it was said: the employer is not the insurer of the safety of the employee. Kibler v Hall Student Name: Michael Rouzer Statement of Facts: "DJ Logic" had no record deal, had a trademark in 2000 that lapsed in 2003, and was also known as simply "Logic" Rapper known as "Logic", who has a record deal, has been performing under that name since 2009 Procedural History: Kibler and his attorney ordered "logic" and his record to stop using the name and to stop . At 2:30 pm on a rainy Jan. 6, P Mrs. Kibler took her 4-year-old son Tommy down the, street to Mrs. Rodriguez' house so Tommy could play with Mrs. R's son. Shortly thereafter, Ramey killed himself with one gunshot to the head. Cheryl Lee MADDUX, by her next friend, Fred Maddux, Plaintiff-Appellant, v. . The passenger again yanked the wheel, causing the car to veer off the road and hit a tree, resulting in injuries to plaintiff. Obviously, it's a lot easier to read a well-written case brief example rather than going through a verbatim case which is about 100 . 2d 443 (1989)). Under 28 U.S.C. For the reasons stated below, Defendants' Motions for Summary Judgment [81, 83, 85] are GRANTED. Wetzel was guarding one door of the residence and Kibler the other. Pipher argued that after Beisel grabbed the steering wheel initially, Parsell was on notice that a dangerous situation could reoccur in the truck. As stated in that case, a guest or passenger in an automobile can be contributorily negligent, and must use such care *632 as an ordinarily prudent person would exercise under the circumstances. Milstead informed the dispatcher that he had been shot in the throat and that his girlfriend had been stabbed by Ramey. While Maddux's whereabouts are no longer unknown, the exact circumstances of the case will likely remain a mystery . Defendant UMG Recordings d/b/a Def Jam Recordings (Def Jam) filed a Motion for Summary Judgment [Dkt. After Kibler fired, Milstead fell on the deck next to the door and directly in the line of fire for anyone firing from inside the house. Cadets should read these cases in more depth as time allows. These laws were written long before you were even born, therefore, the perceptions of . When Milstead came running out of the house, Kibler inflicted a fatal wound to the chest. See Anderson v. Liberty Lobby,477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. Milstead burst through the door and Kibler reacted by shooting him. Plaintiff has identified at least ten instances in which people appear to have confused Logic with DJ Logic, or vice versa. McLenagan, 27 F.3d at 1009. The dispatcher was unable to acquire a description of the intruder from Milstead; thus, the officers could not tell who was the gunless victim and who was the intruder possessing a gun. He then gasped to Kibler that the intruder was still inside. 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