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   State Courts - Kansas - September 21 - October 5, 2007

  
Hale v. Brown, No. 97,232, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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Overview: Defendant's negligence in causing his car to run off a highway and into a tree some distance off the paved surface of a roadway and its shoulder area was not sufficiently connected to a third party's negligent driving to allow plaintiff to recover from defendant or his employer for her injuries.

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Linden Place, LLC v. Stanley Bank, No. 97,252, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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State v. Branson, No. 96,422, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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State v. Brown, No. 96,593, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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State v. Hall, No. 95,896, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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State v. Lawrence, No. 96,104, COURT OF APPEALS OF KANSAS, September 21, 2007, Opinion Filed
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In re Sachse, Bar Docket No. 12956, SUPREME COURT OF KANSAS, September 27, 2007, Decided
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Coonce v. Garner, No. 97,091, COURT OF APPEALS OF KANSAS, September 28, 2007, Opinion Filed
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Overview: Substantial evidence supported a finding that a workers' compensation claimant violated Kan. Stat. Ann. § 44-5,120(d)(4) because video surveillance showed the claimant engaged in heavy manual labor and the claimant subsequently testified at a deposition that his activities were extremely limited and that he had to remain sedentary.

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Rettie v. Unified Sch. Dist. 475, No. 96,628, COURT OF APPEALS OF KANSAS, September 28, 2007, Opinion Filed
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Overview: Trial court erred in awarding judgment to a school district in a teacher's action alleging that her due process rights were violated when she was terminated for failure to complete the prescribed continuing education requirements because under the Kansas Teachers Due Process Act, Kan. Stat. Ann. § 72-5438(a), she had the right to request a hearing.

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State ex rel. Kline v. Towing, No. 96,967, COURT OF APPEALS OF KANSAS, October 5, 2007, Opinion Filed
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Overview: The State of Kansas was able to bring an action against a towing company and its owner for charging unconscionable prices under Kan. Stat. Ann. § 50-627 because there was an exception to preemption under 49 U.S.C.S. § 14501(c)(2)(C) that applied. However, claims relating to the company's route or service were preempted under § 14501(c)(1).

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