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Agency Law
D.R. Horton, Inc. v. Steven M. Betsinger

This appeal arises from punitive damages proceedings on
remand after we issued our decision in Betsinger v. D.R. Horton, Inc.
(Betsinger I), 126 Nev. 162, 232 P.3d 433 (2010), a case that involved fraud
and deceptive trade practices in the context of a real estate purchase and
loan arrangement. On appeal, we consider whether the proceedings on
remand violated MRS 42.005(3), whi... More...
   $0 (10-16-2014 - NV)

The City of Sugar Land v. Leon Kaplan

Leon Kaplan sued his former employer, the City of Sugar Land, complaining of unlawful discrimination under the Texas Commission on Human Rights Act (the “Act” or “TCHRA”). Kaplan asserted a single claim of age discrimination in his original petition, but after the close of discovery, he amended his pleadings and added a claim of disability discrimination. The City filed a plea to the juris... More...   $0 (10-16-2014 - TX)

In the Matter of A. H., aka A. R., a Child.

that 10 permanency judgment, and we affirmed without opinion. Dept. of Human Services v. B. 11 R., 247 Or App 766, 274 P3d 315, rev den, 351 Or 678 (mother's petition), and rev den, 12 351 Or 761 (father's petition) (2012). DHS filed petitions to terminate mother's and 13 father's parental rights in August 2011. Approximately one year later, in August 2012, 14 the court held the annual permanency ... More...   $0 (10-15-2014 - OR)

State of Oregon v. Robert Dean Phillips

2 sexual abuse, ORS 163.427, and a number of drug-related offenses, challenging only his 3 convictions for first-degree sexual abuse. Defendant raises seven assignments of error, 4 relating to the trial court's denial of his suppression motion, various evidentiary rulings, 5 and its instruction that the jury could find defendant guilty by a nonunanimous vote. We 6 write to address only defendant's... More...   $0 (10-15-2014 - OR)

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group v. Lisa Ramirez

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group appeal the trial court’s judgment awarding Lisa Ramirez damages and attorney’s fees based on the jury’s verdict that Velazquez committed fraud.
In May 2008, the City of San Antonio issued a request for proposals “for the provision of prompt, reliable and efficient towing services for... More...
   $0 (10-15-2014 - TX)

Christine Wagner v. State of Iowa

Christine Wagner, individually and as the executor of Janice Brissey’s estate, appeals from the district court’s denial of her motion for new trial and judgment notwithstanding the verdict. She asserts the verdict is inconsistent with the facts of the case because the driver of the vehicle that struck Brissey’s car was—at least to some degree—negligent. Because we conclude that, given th... More...   $0 (10-15-2014 - IA)

Jerry Killingsworth v. The Housing Authority of the City of Dallas

This appeal arises out of Jerry Killingsworth’s contention that the Housing Authority of the City of Dallas (DHA) backed out of a deal to hire him as the DHA’s President and Chief Executive Officer. Killingsworth claims that despite having a written employment contract offering him the position, the DHA yielded to political pressure to retain then-DHA President Ann Lott and refused to allow hi... More...   $0 (10-14-2014 - )

In the Interest of M.S.L. and L.S.L., children

Appellant S.M.L. (the Father) appeals the decree terminating his parental rights to two daughters (the Children). He raises a single issue challenging the sufficiency of the evidence supporting the finding that termination is in the Children’s best interest. We affirm.
On November 12, 2012, the Texas Department of Family and Protective Services (the Department) filed suit f... More...
   $0 (10-14-2014 - TX)

The People v. Abraham Isaac Tubbs

Respondent Abraham Isaac Tubbs petitioned for resentencing pursuant to Penal Code section 1170.126,1 commonly referred to as the Three Strikes Reform Act of 2012 (the Act).2 (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1285, 1289 (Kaulick).) The trial court resentenced Tubbs on March 8, 2013, and ordered that Tubbs be subject to postrelease community supervision (PRCS) pursuant... More...   $0 (10-11-2014 - CA)

United States of America v. Cary J. Hudson

FORT WORTH, Texas — A former financial administrator at the Bureau of Prisons (BOP), who admitted submitting a false document to the U.S., was sentenced this morning in federal court in Fort Worth, Texas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Cary J. Hudson, 49, of Mansfield, Texas, was sentenced by U.S. District Judge John McBryde to three years p... More...
   $0 (10-10-2014 - TX)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Courtney Douglas v. Convergent Outsourcing f/k/a ER Solutions, Inc.

In this case we are asked to decide whether the disclosure of a consumer’s account number on the face of a debt collector’s envelope violates § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Section 1692f(8) limits the language and symbols that a debt collector may place on envelopes it sends to consumers. The District Court held the account number... More...   $0 (10-10-2014 - PA)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, et al. v. State of Wisconsin

The plaintiffs, Wisconsin Indian
tribes, moved the district court under Fed. R. Civ. P. 60(b)(5)
to relieve them from a final judgment on the ground that its
continued enforcement would be, in the language of the
rule, “no longer equitable.” There is no deadline for moving
for relief under this provision, though a party must move
2 No. 14-1051
within a reasonable ti... More...
   $0 (10-09-2014 - WI)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week... More...
   $0 (10-08-2014 - TN)

United States of America v. Reta Jo Carpenter

SPRINGFIELD, MO - Reta Jo Carpenter and Oren Daniel Carpenter, husband and wife pleaded guilty in federal court today to making false statements as part of a $99,000 scheme to defraud Social Security.

Reta Jo Carpenter, 53, and her husband, Oren Daniel Carpenter, 52, both of Nevada, each waived their right to a grand jury and pleaded guilty in separate appearances before U.S. Magistrate J... More...
   $0 (10-07-2014 - MO)

United States of America v. Jose Angel Martinez Chairez, Angel Martinez Diaz, Jose Ramierez Verduzco, Jose Maria Villareal

SACRAMENTO, Califfornia — The last of four methamphetamine traffickers, Jose Angel Martinez Chairez, 39, was sentenced today to 10 years in prison, United States Attorney Benjamin B. Wagner announced.

On July 29, 2014, Angel Martinez Diaz, 27, was sentenced to 10 years in prison and Jose Ramirez Verduzco, 29, was sentenced to 13 years in prison. On August 12, 2014, Jose Maria Villareal,... More...
   $0 (10-07-2014 - CA)

Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...   $0 (10-06-2014 - FL)

United States of America v. Morning Star Brown

BISMARCK, ND - Fort Yates Woman Sentenced For Involuntary Manslaughter

U. S. Attorney Timothy Q. Purdon announced that on Oct. 6, 2014 Morning Star Brown, 32, Fort Yates, N.D., was sentenced before U. S. District Judge Daniel L. Hovland to serve 6 ½ years in prison for voluntary manslaughter.

Brown was charged with second degree murder and assault with a dangerous weapon causing... More...
   $0 (10-06-2014 - ND)

Thomas Stalcup v. Central Intelligence Agency

Though clouded by an airline
disaster and claims of a government cover-up, this case ultimately
turns on a relatively straightforward question: must the
government release certain information? Plaintiff-Appellant Thomas
Stalcup brought this Freedom of Information Act ("FOIA") suit
against the Central Intelligence Agency ("CIA"), seeking two
documents from an investigation i... More...
   $0 (10-06-2014 - MA)

In re D’ANTHONY D. et al., Persons Coming Under the Juvenile Court Law.

Christian D. (father) appeals from a dispositional order denying his request for custody of his seven-year-old son D’Anthony and five-year-old daughter Dalia, who were removed from their mother’s custody under Welfare and Institutions Code1 section 361. Father contends the juvenile court erred by failing to consider his custody request under section 361.2, which requires the court to place a d... More...   $0 (10-03-2014 - CA)

Wayne Earl Larson v. UHS of Rancho Springs, Inc.

In this appeal, we must decide whether a plaintiff’s claims for battery and intentional infliction of emotional distress are based on a health care provider’s professional negligence and therefore subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5.1 Plaintiff and appellant Wayne Earl Larson alleges defendant and respondent Richard Shuman, M.D., served... More...   $0 (10-02-2014 - CA)

M.M. v. Lafayette School District

In this appeal we consider, among other matters, whether
a school district’s failure to provide educational testing data
to parents violated the procedural requirements of the
Individuals with Disabilities Education Act, 20 U.S.C.
§§ 1400–1487 (“IDEA” or “Act”). We conclude that it did.
We also conclude that the failure to provide the data
prevented the parent... More...
   $0 (10-02-2014 - CA)

Crystal Monique Lightfoot v. Cendant Mortgage Corporation

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.... More...
   $0 (10-02-2014 - CA)

Cassaundra Ellena v. Department of Insurance

Cassaundra Ellena appeals from a judgment of dismissal of her mandamus claim against the Department of Insurance and the Commissioner of the Department of Insurance (the commissioner; collectively, the DOI). Ellena contends, among other things, that the trial court erred when it found that she did not sufficiently allege in her pleading that the DOI violated a specific mandatory duty. We conclude ... More...   $0 (10-01-2014 - CA)

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