| Forfeiture Law |
|
IHC Health Services, Inc. v. D
|
¶1 In this case, a landlord, IHC Health Services, Inc.
(“IHC”), seeks to eject its tenant, D & K Management (“D & K”),
for breach of its lease (the “Lease”) because of a late rental
payment. The district court granted summary judgment in favor of
IHC and awarded attorney fees to IHC pursuant to a provision in
the Lease. D & K appeals, assertin... More... $0 (6/20/2008 - UT )
|
|
Earl Lee Snider and Carmin Noe
|
Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C.
§ 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln
County Sheriff’s Department, violated their Fourth and Fourteenth Amendment
rights when, without a warrant, they entered the Sniders’ home, seized Mr. and
Mrs. Snider, and seized Mr. Snider’s conce... More... $0 (6/7/2008 - OK )
|
|
Greentree Financial Group, Inc
|
Plaintiff sued defendant for breach of contract, seeking a sum certain.
Before trial, the parties agreed to settle the case for less than half the amount sought by
the complaint, with defendant making installment payments. The terms of the settlement
agreement provided that if defendant failed to make a payment, plaintiff could file a
stipulati... More... $0 (5/30/2008 - CA )
|
|
AVE, Inc. and John Coil v. Com
|
Appellee Comal County sued appellants AVE, Inc. and John Coil, seeking temporary and permanent injunctive relief barring Coil and AVE from operating a sexually oriented business and alleging that they were violating section 243.0075 of the local government code and Comal County Commissioners Court Order Number 10 ("Order 10"). (1) See Tex. Loc. Gov... More... $0 (5/17/2008 - TX )
|
|
Continental Heritage Insurance
|
Appellant appeals an order denying its motion to set aside a bond estreature,
arguing that it received insufficient notice. We disagree, and affirm. Because our
holding directly conflicts with the Fourth District’s holdings in Southland Insurance
Company, Surety v. State, 497 So. 2d 1331 (Fla. 4th DCA 1986), and Universal Bail
Bonds v. State, 8... More... $0 (5/12/2008 - FL )
|
|
Chermane Smith, et al. v. City
|
The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/6/2008 - IL )
|
|
Prima Tek II v. Klerk's Plasti
|
This case involves a licensing
dispute between two companies that operate in the pot
cover business. Prima Tek II (“PTII”), in essence, gave
Klerk’s Plastic (“Klerks”) permission to use its technology
to create superior pot covers in exchange for a royalty
fee on each sale. The agreement between the parties
delineated the type of product that... More... $0 (5/6/2008 - IL )
|
|
Chermane Smith, et al. v. City
|
The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/5/2008 - IL )
|
|
Central Valley General Hospita
|
This appeal concerns a hospital’s proposed acquisition of rural health clinics from
a medical group. The acquisition was not completed because disputes arose prior to the
closing. The hospital terminated the agreement and sued for the return of a $250,000
payment, alleging an anticipatory breach of contract resulted from the medical group’s
ina... More... $0 (4/30/2008 - CA )
|
|
Nilda Gutierrez, et al. v. Joh
|
Petitioners are former employees of Johnson &
Johnson. They allege that Johnson & Johnson discriminated
against them on the basis of their race. Petitioners attempted
to certify a class of plaintiffs that encompassed any African-
American or Hispanic employee of Johnson & Johnson or any
of its United States subsidiaries who was employed at any... More... $0 (4/22/2008 - NJ )
|
|
Patrick Van Zanen v. Qwest Wir
|
Plaintiffs Patrick and Vicki Van Zanen appeal the dismissal of their claim
for unjust enrichment against Qwest Wireless, LLC; Qwest Services Corporation;
and Qwest Communications International, Inc. (collectively, Qwest). The Van
Zanens, who are Arizona residents, allege that Qwest has acted as an unlicensed
seller of insurance in violation of ... More... $0 (4/18/2008 - CO )
|
|
Mercedes Carvajal v. United St
|
The main question that we must decide is whether the principles
announced in United States v. $227,000 U.S. Currency,
69 F.3d 1491 (9th Cir. 1995), survive the enactment of the
Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) (codi-
fied at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold
that they do. Accordingly, we reverse the distri... More... $0 (4/12/2008 - CA )
|
|
Century Partners, LP v. Lesser
|
¶ 1. This case arises from a dispute over obligations under a lease between landlord, Century Partners, and tenant, Lesser Goldsmith Enterprises. Landlord brought an eviction action against tenant, alleging that tenant defaulted on the lease by constructing improvements to its store without the necessary municipal permit. Tenant counterclaimed f... More... $0 (4/11/2008 - VT )
|
|
MD Electrical Contractors, Inc
|
Plaintiff, MD Electrical Contractors, Inc., filed suit against
defendants Fred and Carol Abrams, under a theory of quantum meruit
to recover for services that it rendered as a subcontractor on
defendants’ home improvement project. Defendants moved to dismiss
the case pursuant to section 2–619 of the Code of Civil Procedure
(Code) (735 ILCS 5/2... More... $0 (4/4/2008 - IL )
|
|
Phillip Grassie v. Roswell Hos
|
{1} Eastern New Mexico Medical Center (Defendant) filed a motion in this Court seeking review of the supersedeas bond set by the district court. See Rule 12-207(B) NMRA (providing for appellate review of the district court’s ruling on a supersedeas bond). Because the purpose of the supersedeas bond is to “maintain the status quo during the pen... More... $0 (4/3/2008 - NM )
|
|
National Advertising Company v
|
Appellant, National Advertising Company (“National”), Footnote leased ground space, pursuant to three identical lease agreements (“Lease(s)”), to place billboard signs on three tracts of land of appellee, Larry E. Potter. When the common lease period expired, a dispute arose concerning renewal of the Leases and the rights to the billboard structure... More... $0 (4/3/2008 - TX )
|
|
Benjamin J. Fogel, et al. v. F
|
The issue presented in this appeal is whether the attorneys-in-fact for
subscribers of reciprocal insurance exchanges may be sued by the subscribers to
recover alleged excessive fees the attorneys-in-fact collected in breach of their
fiduciary duty to the subscribers. The fees were collected from premiums the
subscribers paid to the exchanges. ... More... $0 (3/18/2008 - CA )
|
|
Mining Investment Group, LLC v
|
¶1 Mining Investment Group, LLC, (Buyer) appeals from partial summary judgment finding that Buyer’s failure to fund escrow on the closing date of a real estate purchase agreement with Billy and Sandra Roberts (Sellers) constituted a material breach of contract. Buyer also appeals the trial court’s award of liquidated damages to Sellers. Sellers cro... More... $0 (3/12/2008 - AZ )
|
|
Leonard Torrealba v. Laurie Ke
|
This appeal concerns claims of negligence per se and fraud based on alleged misconduct by notaries public. Appellants Leonard and Shelly Torrealba filed a complaint for damages against two notaries public, respondents Laurie Kesmetis and Emily Herrera, and the notaries’ employer, respondent J.M.K. Investments, Ltd., claiming that the n... More... $0 (3/12/2008 - NV )
|
|
Cheryl D. Jacobson v. Kevin Le
|
[¶1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court’s decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court’s dismissal of his d... More... $0 (3/12/2008 - SD )
|
|
William Hames v. The City of M
|
|
William Hames (“Hames”) appeals from a final forfeiture order of the City of Miami Firefighters’ & Police Officers’ Trust (“the Trust”) discontinuing all benefits and ordering the return of the amounts received in excess of his accumulated contributions. We affirm.
Hames worked as a City of Miami police officer from 1973 until his retirement ... More... $0 (3/5/2008 - FL )
|
|
W. Frederick Ravetto v. Triton
|
This consolidated appeal1 arises
out of separate actions2 brought by the plaintiffs, W.
Frederick Ravetto and Raymond Bartko, former
employees3 of the named defendant, Triton Thalassic
Technologies, Inc. (Triton), wherein the plaintiffs
alleged that Triton and the defendant Barry Ressler4
had failed to pay them wages in accordance with the
p... More... $0 (3/5/2008 - CT )
|
|
Heritage Marketing and Insuran
|
Defendants Bradley J. Chrustawka, Anjanette Chrustawka, nee Price
(Price), and Katherine M. Matonic obtained summary adjudication of five causes of
action on the grounds they were barred by the applicable statute of limitations and were
not tolled by Code of Civil Procedure section 351 (section 351). Because those were the
only causes of action... More... $0 (2/29/2008 - CA )
|
|
Ty, Inc. v. Softbelly's Inc.,<
|
Ty Inc., the manufacturer of
“Beanie Babies,” years ago brought this suit for trademark
infringement under the Lanham Act against Softbelly’s,
Inc., and some other defendants that need not be
discussed separately. Softbelly’s manufactures a product
that looks and feels very much like “Beanie Babies,” which
it calls “Screenie Beanies.” They di... More... $0 (2/27/2008 - IL )
|
|
Hyle v. Porter
|
{¶ 1} The First District Court of Appeals found its judgment in this case
to be in conflict with the judgment of the Second District Court of Appeals in
Nasal v. Dover, 169 Ohio App.3d 262, 2006-Ohio-5584, 862 N.E.2d 571, and
certified the record to this court for review and final determination. We
determined that a conflict exists on the follo... More... $0 (2/26/2008 - OH )
|
|
Corn Plus Cooperative v. Conti
|
Corn Plus Cooperative ("Corn Plus") brought this declaratory judgment claim
against Continental Casualty Company ("Continental") and Lumbermens Mutual
Casualty Company ("Lumbermens") to enforce a settlement it had reached with its
mechanical contractor who was insured by appellees. The district court1 determined
that the insurance policies did ... More... $0 (2/7/2008 - MN )
|
|
Marathon Entertainment, Inc. v
|
In Hollywood, talent — the actors, directors, and writers, the Jimmy
Stewarts, Frank Capras, and Billy Wilders who enrich our daily cultural lives — is
represented by two groups of people: agents and managers. Agents procure roles;
they put artists on the screen, on the stage, behind the camera; indeed, by law, only
they may do so. Managers coo... More... $0 (1/31/2008 - CA )
|
|
Gregory Best v. Carl R. Edward
|
¶1 Gregory Best appeals from the grant of summary judgment to defendants, Carl and Sookie Edwards and Frank and Frances Salinas, which ended Best’s action for specific performance of a real estate option agreement. Best contends
that although the Arizona statute of frauds mandates that an option contract for the sale of real property be in writing... More... $0 (1/31/2008 - AZ )
|
|
United States of America v. Co
|
|
We must decide whether the United States may retain evidence
it seized from Major League Baseball’s drug testing
administrator, and enforce an additional subpoena, as part of
an ongoing grand jury investigation into illegal steroid use by
professional athletes.
I
These three consolidated cases arise from the federal investigati... More... $0 (1/27/2008 - CA )
|
|
John Buenz v. Frontline Transp
|
On October 1, 2003, Olga Buenz was involved in a multiplevehicle
traffic accident that resulted in her death. Twelve separate
actions were filed by various plaintiffs and later consolidated. Each
action named China Ocean Shipping Company Americas, Inc.
(COSCO), and Frontline Transportation Company (Frontline) as
defendants. Plaintiff John Buen... More... $0 (1/25/2008 - IL )
|
|
Security National Guaranty, In
|
|
The principal question that we must resolve in this appeal is whether the
California Coastal Act of 1976, Public Resources Code section 30000 et seq. (the Coastal
Act)1 empowers the California Coastal Commission (the Commission) to declare that
property is an “environmentally sensitive habitat area” (ESHA) (§ 30240) during an
administrativ... More... $0 (1/25/2008 - CA )
|
|
Abdus-Shahid M.S., Ali v. Fede
|
|
This case concerns the scope of 28 U. S. C. §2680, whichcarves out certain exceptions to the United States’ waiverof sovereign immunity for torts committed by federalemployees. Section 2680(c) provides that the waiver ofsovereign immunity does not apply to claims arising fromthe detention of property by “any officer of customs or excise or any o... More... $0 (1/23/2008 - FL )
|
|
Innogenetics, N.V. v. Abbott L
|
|
Abbott Laboratories (Abbott) appeals on a multitude of grounds the judgment entered against it by the United States District Court for the Western District of Wisconsin for infringement of Innogenetics, N.V.’s (Innogenetics) U.S. Patent No. 5,846,704 (the ’704 patent). We reverse and remand for a new trial the district court’s judgment as a ma... More... $0 (1/22/2008 - WI )
|
|
David B. Schachter v. Citigrou
|
|
A financial brokerage company offers qualifying employees an incentive
compensation plan that allows participants the option of using a portion of their annual
earnings to purchase shares in the company’s stock at a price below the stock’s publicly traded
market price. If the participating employee resigns or is terminated for cause
within... More... $0 (1/20/2008 - CA )
|
|
Dave Robinson v. Alter Barge L
|
|
The plaintiff was a deckhand on
a barge owned by the defendant, a company that provides
shipping by barge in inland waterways, mainly the
Mississippi River. See “Alter Barge Line, Inc.—History,”
www.alterbarge.com/history.html (visited Dec. 7, 2007).
On three occasions he complained to management that
crew members were using illegal drugs ... More... $0 (1/17/2008 - IL )
|
|
IFC Credit Corporation v. Unit
|
|
Norvergence sold telecommunications
equipment and services—or claimed to
do so. After three apparently flourishing years it collapsed.
The supposedly wondrous equipment it sold or
rented, which it called a Merged Access Transport Intelligent
Xchange (MATRIX) device, turned out to be a standard
integrated-access box with none of the benefit... More... $0 (1/17/2008 - IA )
|
|
Marcella Richman, et al. v. Mi
|
|
Eighteen deputy sheriffs of Cook
County, sued under 42 U.S.C. § 1983 for violating the
federal constitutional rights of the plaintiff, and of her
son who died resisting arrest, appeal from the denial
of their motion for summary judgment on grounds of
official immunity. The district judge ruled that they had
immunity from the Fourth Amendme... More... $0 (1/17/2008 - IL )
|
|
Lowcountry Open Land Trust v.<
|
Charleston Southern University (the University) and Lowcountry Open Land Trust (Buyer) entered into a contract for the sale and purchase, respectively, of real property in Dorchester County, South Carolina. The University is the principal, but not sole, owner of the real property. The University attempted to terminate the contract, resulting in a... More... $0 (1/16/2008 - SC )
|
|
Norfolk Southern Railway Compa
|
|
Norfolk Southern Railway Co. (“Norfolk Southern”) and
its customer Basell USA Inc. (“Basell”) agree that Basell
breached a contract that existed between them. They disagree,
however, as to whether the breach was material and whether it
constituted a repudiation — either of which would have entitled
Norfolk Southern to terminate the contra... More... $0 (1/13/2008 - PA )
|
|
Craig Goulet v. New Penn Motor
|
|
Appellant-plaintiff Craig Goulet appeals from the entry of a directed verdict in favor of defendant New Penn Motor Express ("New Penn") and from a jury verdict in favor of defendant Teamsters Local 25 ("Local 25" or "the union") in the United States District Court for the District of Massachusetts on his hybrid claim for breach of a labor agreem... More... $0 (1/12/2008 - MA )
|
|
PAJ, Inc. d/b/a Prime Art & Je
|
|
In this case, we must decide whether an insured’s failure to timely notify its insurer of a claim defeats coverage under the policy if the insurer was not prejudiced by the delay. We hold, as we did in Hernandez v. Gulf Group Lloyds, that an immaterial breach does not deprive the insurer of the benefit of the bargain and thus cannot relieve the ... More... $0 (1/11/2008 - TX )
|
|
City of Los Angeles v. 2000 Je
|
|
In April 2005, Richard Reinsdorf’s Jeep was seized when he was arrested
for soliciting prostitution (Pen. Code, § 647, subd. (b)). In May, he was notified
that the City of Los Angeles had initiated forfeiture proceedings under section
41.70 of the Los Angeles Municipal Code, which authorizes the seizure and
forfeiture of vehicles used to s... More... $0 (1/9/2008 - CA )
|
