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Adoption Law
 
Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

Nutrition Distribution, LLC v. Southern Sarms, Inc.

Code of Civil Procedure section 128.51
authorizes a trial
court to award sanctions for bad faith actions or tactics that are
frivolous or solely intended to cause delay. Pursuant to former
subdivision (f) of section 128.5, effective from January 1, 2015
until amended by urgency legislation enacted August 7, 2017
(former subdivision (f)), any such sanctions had to be imposed... More...
   $0 (02-01-2018 - CA)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

California Self-Insurers'Security Fund v. The Superior Court of Orange County, Ativcare Living, Real Parties in Interest

Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon
Peabody LLP (Nixon Peabody or the firm) seek a writ of mandate directing the trial court
to vacate its order disqualifying Nixon Peabody from representing the Fund in the instant
case. Petitioners argue the trial court mistakenly believed it was compelled by law to
disqualify the firm; the court instead should... More...
   $0 (01-29-2018 - CA)

Walter Stephen Jackson v. Los Lunas Community Program District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This civil rights class action lawsuit was filed thirty years ago to challenge
various aspects of the institutionalization of developmentally disabled individuals at
two state-supported facilities in New Mexico. After a lengthy trial in 1990, the
district court ruled that Defendants—the two institutions and the individuals charged
with their operation—were violating class members’ ... More...
   $0 (01-23-2018 - NM)

Lisa Demaree v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48... More...
   $0 (01-23-2018 - AZ)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

L.M.P. v. School Board Broward, et al. Southern District of Florida Courthouse - Miami, Florida

This Individuals with Disabilities Education Act (“IDEA”) case comes before this Court after a twelve-year battle by two sets of parents on behalf of their children to receive the specific therapy they believed their children deserved. Beginning in 2005, Appellant L.M.P., a mother of triplets acting individually and on her children’s behalf, sought the aid of the courts to force Appellee School Bo... More...   $0 (01-21-2018 - FL)

William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

Anthony Johnson v. Lisa Madigan, Hiram Grau, Tracie H. Newton, and Bruce V. Rauner Northern District of Illinois Courthouse - Chicago, Illinois

A felony conviction for stealing
$12 worth of meat branded Anthony Johnson a “sexual predator”
under Illinois law and subjected him to burdens and responsibilities
he didn’t have before that conviction. He filed
suit contending that the United States Constitution’s ex post
facto clause makes at least some of those burdens and responsibilities
unconstitutional. The district ... More...
   $0 (01-17-2018 - IL)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

STATE OF IOWA vs. JEROMIE ALAN KRAMER Kramer guilty of child sexual abuse

In December 2015, the State charged Kramer by trial information with
indecent contact with a child. It was alleged the conduct occurred in December
2014, when P.W.—the complaining witness—was twelve years old and staying at
Kramer’s home.
The next day, the county attorney filed a motion to have a guardian ad litem
(GAL) appointed. The motion requested the attorney by na... More...
   $0 (01-12-2018 - IA)

Robert Law v. Ronald Zemp Oregon Supreme Court Building - Eugene, Oregon

This review proceeding arises out of a post-judgment
order charging a judgment debtor’s interests in four limited
partnerships and a limited liability company to satisfy the
judgment creditor’s judgment against him. The charging
order was issued over the limited partnerships’ and limited
liability company’s objections that ancillary provisions
included in the charging order... More...
   $0 (01-11-2018 - OR)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

Eddie B. v. Department of Child Safety, E.B.

¶1 Eddie B. (father) appeals the juvenile court’s order appointing
Hallie H. as permanent guardian of father’s son, E.B. For the reasons stated
below, we reverse the court’s order.
FACTUAL AND PROCEDURAL HISTORY
¶2 Father is the biological parent of E.B., born February 2007.1
Father is hearing impaired, and uses sign language and vocal intonations
to communicate. E.B. is no... More...
   $0 (01-09-2018 - AZ)

Tracey E. George, et al. v. Tre Hargett, et al. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-09-2018 - TN)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

CLEMENTS v. SOUTHWESTERN BELL TELEPHONE SUPREME COURT OF THE STATE OF OKLAHOMA

Customers filed their Application on September 14, 2015, asking the Commission to vacate or modify PUD 260 entered in 1989 in order "to redress the proven bribery and corruption perpetrated by Southwestern Bell Telephone Company [SWBT] that occurred in 1989 in relation to Oklahoma Corporation Commission's . . . Cause No. PUD (Public Utility Docket) 860000260 ("PUD 260")." 5 More than twenty-six (2... More...   $0 (01-09-2018 - OK)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

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