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Accord and Satisfaction Law
 
California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to ... More...
   $0 (05-27-2017 - CA)

Brooke Bruce v. Carter Bruce

Appellant Brooke Bruce appeals the trial court’s final order in a child-support
enforcement action. See Tex. Fam. Code §§ 157.001-.426 (enforcement proceedings). In three
issues, Brooke challenges those portions of the order crediting her ex-husband, Carter Bruce, for
payments that were not made through the state disbursement unit, as required by the couple’s divorce
decree. Brooke... More...
   $0 (05-26-2017 - TX)

James W. Paulsen v. Ellen A. Yarrell

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. &
2
REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was impro... More...
   $0 (05-25-2017 - TX)

Benny Vance v. Mark C. Popkowski

This appeal arises from a dispute over the enforcement of deed restrictions. The purchasers of deed-restricted property in a residential subdivision began operating a business from a single-family residence located on the property.
2
Appellants Benny Vance and Pierre Metzener, who also own property in the
subdivision, claimed that the operation of the business violated the deed
res... More...
   $0 (05-25-2017 - TX)

International Refugee Assistance Project v. Donald J. Trump

The question for this Court, distilled to its essential form, is whether the
Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2,
120 (1866), remains “a law for rulers and people, equally in war and in peace.” And if
so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks
with vague words of national security, ... More...
   $0 (05-25-2017 - )

Guy Lucero v. The People of the State of Colorado Supreme Court of the State of Colorado

In the early hours of June 25, 2005, Lucero, then fifteen years old, arrived at a
birthday party his cousin was throwing for her brother. The party was at a house in a
neighborhood in Denver. Upon arriving, Lucero asked his cousin for alcohol, but she
refused to serve him. Lucero, a North Side Mafia gang member, then turned to another
party attendee, D.H., a Bloods gang memb... More...
   $0 (05-25-2017 - CO)

UNITED STATES OF AMERICA v. CHRISTOPHER COOMBS United States Court of Appeals For the First Circuit

We rehearse the facts as supportably found by the
district court following an omnibus hearing on the appellant's
several motions to suppress. See United States v. Gamache, 792
F.3d 194, 196 (1st Cir. 2015); United States v. Paneto, 661 F.3d
709, 711-12 (1st Cir. 2011).
In the wake of his 2009 conviction on drug-trafficking
charges, the appellant was sentenced to a fi... More...
   $0 (05-25-2017 - ME)

UNITED STATES OF AMERICA v. GYADEEN P. RAMDIHALL United States Court of Appeals For the First Circuit

Ramdihall, along with his co-defendant, Jervis A.
Hillaire, was indicted in federal court in the District of Maine
on February 25, 2014, for conspiracy to possess and use counterfeit
access devices with intent to defraud, as well as for five related
counts. See 18 U.S.C. § 1029(a)(1), (a)(3), and (b)(2); id. § 371.
Before their trial on those counts in federal court, Hil... More...
   $0 (05-25-2017 - ME)

In the Matter of the Estates of Phillip Chin

The Oregon Probate Code allows an “interested
person” to take certain actions with regard to a decedent’s
estate, including petitioning to reopen an estate for
proper cause. The code defines an “interested person” to
include “heirs, devisees, children, spouses, creditors and
any others having a property right or claim against the
estate of a decedent that may be affected by... More...
   $0 (05-24-2017 - OR)

In re: Gary L. Bryan, a/k/a Gary L. Brian

This appeal arises out of an adversary proceeding brought by the trustee of
a Chapter 7 bankruptcy estate to determine how to divide the proceeds from the
sale of the debtor’s real property. Previous litigation has already established,
among other things, the validity, priority, and extent of the various liens on the
property. Bryan v. Peters (In re Bryan), 547 F. App’x 892 (10th C... More...
   $0 (05-24-2017 - CO)

Wikimedia Foundation, et al. v. National Security Agency, et al.

The Wikimedia Foundation and eight other organizations appeal the dismissal of their complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency (the “NSA”). The district court, relying on the discussion of speculative injury from Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), held that the allegations in the complaint wer... More...   $0 (05-24-2017 - MD)

Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...
   $0 (05-23-2017 - TX)

Javonta Pointer v. bState of Indiana 25 years for Gary man for role in fatal burglary

On October 19, 2012, Jerry Hood (“Hood”) and Mark Scott (“Scott”) went to
Hood’s home in Gary to take a lunch break. From outside, Hood and Scott
noticed that there was a broken window. A man dressed in black and wearing
a ski mask was looking down on them from an upstairs window. Scott called 9
1-1 and went to the front door. Hood went to the back door.
Scott met Point... More...
   $0 (05-22-2017 - IN)

Erik Catorce Madrid v. The State of Texas Court of Appeals First District

At trial, Officer R. Carter of the Houston Police Department (“HPD”) testified
that he encountered Madrid driving his truck on the highway while en route to HPD’s
central intoxication facility (“central intox”) with another person Carter had just
arrested for driving while intoxicated. Carter followed Madrid’s truck in the
highway’s left lane and pulled Madrid over after pacin... More...
   $0 (05-20-2017 - TX)

Marcell Lamont Kennedy v. The State of Texas Court of Appeals First District

In the early morning of November 12, 2014, Trevonta Rusher pointed a gun
at two people. He took their phones and the wallet of one of the complainants. Based
on a description of the car in which Rusher fled, the police found the car and detained
Rusher and Appellant, the driver of the car. The police found two phones and some
money in Appellant’s pockets. The phones belonge... More...
   $0 (05-19-2017 - TX)

Kenneth A. Totz, D.O., FACEP v. Telicia Owens

In this interlocutory appeal,1 appellant, Kenneth A. Totz, D.O., FACEP,2 challenges the trial court’s order denying his motion to dismiss the health care
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(9) (Vernon Supp. 2016).
2 Telicia Owens sued “Kenneth A. Totz, M.D.” We note that, in his answer, Dr. Totz identifies himself as “Kenneth A. Totz, D.O., FACEP,” as does the trial court in... More...
   $0 (05-18-2017 - TX)

Karen Vanover v. NCO Financial Services, Inc.

Plaintiff-Appellant Karen Vanover (“Vanover”) sued Defendant-Appellee NCO Financial Systems, Inc. (“NCO”), on April 23, 2014, for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, after NCO attempted to collect medical debts from her. See Vanover v. NCO Fin. Sys., Inc., Case No. 8:14-cv-964-T-35EAJ (M.D. Fla. 2014) (hereinafter “Vanover I”). Nearly one year after Vanov... More...   $0 (05-18-2017 - )

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

STATE OF KANSAS v. JOHNATHAN D. JACKS

In February 2015, Jacks was stopped by a law enforcement officer in Harper County based on reports that the motor vehicle he was driving had been previously observed traveling erratically on the roadway. The officer arrested Jacks after confirming that his driver's license was suspended. A subsequent search of Jacks' vehicle revealed marijuana, methamphetamine, a glass smoking pipe, digital scales... More...   $0 (05-17-2017 - KS)

Ralph S. Janvey v. Dillon Gage, Inc. of Dallas

This case concerns more fallout from Allen Stanford’s Ponzi scheme. Plaintiff-Appellant Ralph Janvey (“Janvey”) is the court-appointed receiver tasked with marshalling and distributing the assets of the Stanford entities. This suit relates to Stanford Coins and Bullion (“SCB”), a coin and bullion company previously owned by Allen Stanford. SCB sold coins and metals to the public. Defendant-Appelle... More...   $0 (05-17-2017 - TX)

Joe Hardesty v. State Mining and Geology Board

In this suit under the Surface Mining and Reclamation Act of 1975 (SMARA)
(Pub. Resources Code § 2710 et. seq.),1 plaintiffs Joe and Yvette Hardesty (collectively,
Hardesty), attack findings by the State Mining and Geology Board (Board). The Board’s
disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine
in El Dorado County (County, not a party her... More...
   $0 (05-17-2017 - )

STATE OF MONTANA v. PAUL JULIUS OLSON

On June 12, 2014, Olson was arrested for DUI by the Lincoln County Sheriff’s
Department after he was observed weaving in traffic and subsequently failed a field
sobriety test. A draw of Olson’s blood produced a blood alcohol concentration reading
(BAC) of 0.257. Olson was charged with Driving Under the Influence of Alcohol, Fourth
or Subsequent Offense, in violation of §§ 61-8... More...
   $0 (05-15-2017 - MT)

STATE OF MONTANA v. BRANDON BLUE THOMPSON

Thompson was convicted by a Lewis and Clark County jury of felony driving under
the influence, negligent endangerment, and six other driving offenses. At the sentencing
hearing, the County Attorney “recommended some leniency and suspension of fines”
because the fines would be a burden to Thompson’s family. In its oral pronouncement of
sentence, the District Court reduced Thom... More...
   $0 (05-15-2017 - MT)

STATE OF MONTANA v. MICHAEL ROBERT STUTZMAN Sex Offender

Stutzman began living with Angela, R.W., and K.W. in May 2013. Shortly after he
moved in with them, R.W. and K.W. both disclosed to their mother and their school
counselor, Tara Sylvester, that Stutzman had inappropriately touched them. The police
arrested Stutzman, and the State charged him with felony sexual assault against R.W. and
felony sexual intercourse without consen... More...
   $0 (05-15-2017 - MT)

Christopher Mendoza v. Nordstrom Inc.

The Ninth Circuit Court of Appeals has asked this court to resolve unsettled
questions concerning the construction of the state‘s day of rest statutes, Labor
Code sections 550–558.1.
1 (Mendoza v. Nordstrom, Inc. (9th Cir. 2015) 778 F.3d
834; see Cal. Rules of Court, rule 8.548.) These statutes prohibit an employer
from ―caus[ing] his employees to work more than six days ... More...
   $0 (05-15-2017 - )

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