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Gregory D. Hawk v. Eva S. Engelhart Fifth Circuit Court of Appeals - New Orleans, Louisiana

After filing for Chapter 7 bankruptcy, the Hawks claimed an exemption for funds held in an individual retirement account (“IRA”). They sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from creditors’ claims under Texas law. However, over the course of several months, the Hawks withdrew the f... More...   $0 (09-06-2017 - TX)

BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

California Cannabis Coalition v. City of Upland

Here we consider the interplay of two constitutional provisions. First,
sections 8 and 11 of article II of the state Constitution contain the people’s
initiative power, which we have described as “ ‘one of the most precious rights of
our democratic process.’ ” (Associated Home Builders etc., Inc. v. City of
Livermore (1976) 18 Cal.3d 582, 591 (Associated Home Builders); Cal. Const.... More...
   $0 (08-29-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Jacques Jacobs v. Caldwell Banker Residential Brokerage Company

Defendant Coldwell Banker Residential Brokerage
Company (Coldwell) marketed for sale a vacant, bank-owned
property located in Simi Valley. The property had a backyard
with an empty swimming pool and diving board. While plaintiffs
Jacques Jacobs (Jacques) and his wife, Xenia Jacobs (Xenia),1
were viewing the property as potential buyers, Jacques stepped

1 Plaintiffs are... More...
   $0 (08-15-2017 - CA)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

High Mountain Ranch Group, LLC, et al. v. Elbert L. Niece, et al.

High Mountain Ranch Group, LLP (High Mountain), filed a petition for declaratory judgment against Elbert L. Niece, GT Land LP (GT Land), Mary Hernandez,1 and the Estate of Manuel Saucedo, Sr. (Saucedo), among others,2 seeking a judgment determining that the Declaration of Covenants and Restrictions (DCRs) on Lot 34 in Austin’s Glenbrook Addition3 is illegal, void, and/or unenforceable, and alterna... More...   $0 (08-04-2017 - TX)

The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope... More...
   $0 (07-27-2017 - CA)

Amy Bolton v. George K. Fisher

While walking to her mailbox on July 10, 2014, Amy Bolton was viciously attacked by two dogs owned by her neighbor, Mataba Kisenda Tucker. After undergoing seven surgeries as a result of the attack, Bolton sued Tucker and her landlord, George K. Fisher, and asserted separate causes of action for negligence, strict liability, public nuisance, and private nuisance. Among other things, Bolton’s petit... More...   $0 (07-26-2017 - TX)

San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate... More...
   $0 (07-23-2017 - CA)

Bernie Alvarez v. Seaside Transportation Services, LLC

Plaintiff and appellant Bernie Alvarez was injured at work
when he drove a maintenance van into a shipping container.
Plaintiff’s employer, Pacific Crane Maintenance Company
(PCMC), had been hired by Evergreen Container Terminal
(Evergreen) to perform maintenance work at a marine container
terminal. Plaintiff sued Evergreen and two of its contractors
alleging general neglig... More...
   $0 (07-22-2017 - CA)

Bernie Alvarez v. Seaside Transportation Services LLC

Plaintiff and appellant Bernie Alvarez was injured at work
when he drove a maintenance van into a shipping container.
Plaintiff’s employer, Pacific Crane Maintenance Company
(PCMC), had been hired by Evergreen Container Terminal
(Evergreen) to perform maintenance work at a marine container
terminal. Plaintiff sued Evergreen and two of its contractors
alleging general neglig... More...
   $0 (07-21-2017 - CA)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-26-2017 - CA)

MAUREEN HARDEN HERD, et al. v. SHRAUNER FEEDYARD, LLC

Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.

Shrauner owns approximately 310 acres of land in section 33 of Pro... More...
   $0 (06-22-2017 - KS)

Rodney Brossart, et al. v. Kelly Janke, et al.

During confrontations that extended over two days at the Brossart family
farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both
Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s
wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,
and Nelson County, asserting federal claims under 42 U.S.C. §... More...
   $0 (06-19-2017 - ND)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-19-2017 - CA)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
   $0 (06-07-2017 - CO)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

State of Tennessee v. Nathan Bernard Lalone Lalone gets life in prison sentence

On the night of November 16, 2011, Christian Sosa and his girlfriend, Meghan Bennett, were shot at the tennis courts in Apison, Tennessee, a suburb of Chattanooga. Mr. Sosa died as a result of multiple gunshot wounds. In July of 2012, Defendant was indicted for one count of first degree murder and one count of attempted first degree murder.
I. Motion to SuppressHearing
On May 5, 2014,... More...
   $0 (06-03-2017 - TN)

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)

Michael Henderson v. CC-Parque View, LLC d/b/a Parque View Apartments, Asset Plus Corporation, Asset Plus Companies, LP, Asset Plus Realty Corporation, and Asset Plus USA, LLC

An independent-contractor security guard shot Michael Henderson with a rubber bullet during an early morning encounter in the parking lot of Henderson’s
2
apartment complex. Henderson sued his landlord, Parque View Apartments, its
management companies, and Ranger Guard and Investigations, the security
company that had contracted to provide security services at Parque View.
Hend... More...
   $0 (05-18-2017 - TX)

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