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BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class... More...   $0 (08-11-2017 - TX)

United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of ... More...
   $0 (08-05-2017 - DC)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - 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)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - 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)

Bridget Marlow v. The New Food Guy, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a
Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires
employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus
time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish paid Ms. Marlow $12 an
hour and $18 an hour for overtime. So what is the problem?... More...
   $0 (06-30-2017 - CO)

Vladek Filler v. Mary Kellett, et al. United States Court of Appeals for the First Circuit Boston, Massachusetts

This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e... More...
   $0 (06-21-2017 - ME)

Abigail Ross v. University of Tulsa United States Court of Appeals for the Tenth Circuit Denver, Colorado

The plaintiff (Ms. Abigail Ross) was allegedly raped by a fellow
student at the University of Tulsa (Mr. Patrick Swilling). The alleged rape
led Ms. Ross to sue the university for money damages under Title IX of the
Education Amendments Act of 1972. Under Title IX, universities that
receive federal financial assistance cannot discriminate on the basis of
gender. See 20 U.S.C. §... More...
   $0 (06-20-2017 - OK)

Robin Hutchheson v. Eskaton Fountainwood Lodge

This case turns on whether an attorney-in-fact who admitted her principal to a
residential care facility for the elderly made a “health care” decision. If she did, as the
trial court found, she acted outside the scope of her authority under the power of attorney,
and the admission agreement she signed, and its arbitration clause this appeal seeks to
enforce, are void.
To answer... More...
   $0 (06-15-2017 - CA)

STATE OF IOWA vs. MARTHA ARACELY MARTINEZ SUPREME COURT OF IOWA

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa driver’s license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...   $0 (06-14-2017 - IA)

Eugene G. Plantier, as Trustee, etc. v. Ramona Municipal Water District

Daniel S. Hentschke; Colantuono, Highsmith & Whatley, Michael G. Colantuono
and Eduardo Jansen for California Association of Sanitation Agencies, California State
Association of Counties and League of California Cities as Amicus Curiae on behalf of
Defendant and Respondent.
Plaintiffs and appellants Eugene G. Plantier, as Trustee of the Plantier Family
Trust (Plantier); Progres... More...
   $0 (06-14-2017 - CA)

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)

Williams and Fickett v. County of Fresno

As a general rule, a party must exhaust available administrative remedies as
a prerequisite to seeking relief in the courts. “In the property tax context,
application of the exhaustion principle means that a taxpayer ordinarily may not
file or pursue a court action for a tax refund without first applying to the local
board of equalization for assessment reduction under [Revenue and... More...
   $0 (06-07-2017 - CA)

UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b... More...
   $0 (06-06-2017 - NY)

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)

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)

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 - )

Ann E. Gillotti v. Eugene W. Stewart

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden... More...
   $0 (05-19-2017 - )

McCulloch Orthopaedic Surgical Services, LLC, a/k/a Dr. Kenneth E. McCulloch v. Aetna, Inc. d/b/a Aetna Health and Life Insurance Company, et al.

19 We consider in this case whether the Employee Retirement
20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq.,
21 completely preempts an “out‐of‐network” health care provider’s
22 promissory‐estoppel claim against a health insurer where the
23 provider (1) did not receive a valid assignment for payment under
3 No. 15‐2150‐cv
t... More...
   $0 (05-18-2017 - NY)

Charles Kinney v. Michele R. Clark

Charles Kinney appeals from a post-judgment award for
attorney fees and costs Michele Clark incurred in a prior appeal
while attempting to enforce an earlier award for attorney fees
and costs against Kinney. Kinney has been challenging Clark’s
entitlement to fees and costs in this action since 2008, when the
trial court first awarded Clark attorney fees and costs under a
re... More...
   $0 (05-18-2017 - )

STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
   $0 (05-01-2017 - NJ)

Cecilia Ochoa v. Anaheim City School District

INTRODUCTION
The federal No Child Left Behind Act of 2001 mandated that states
establish accountability systems, requiring that all schools make “adequate yearly
progress” (AYP). (Pub.L. No. 107-110 (Jan. 8, 2002) 115 Stat. 1425.) California later
enacted the Parent Empowerment Act of 2010 (Ed. Code, §§ 53300-53303) (the Act)
which allows parents of children in poor-performing ... More...
   $0 (04-30-2017 - )

City of Jackson v. Worker's Compensation Appeals Board and Christopher Rice

In this workers’ compensation proceeding we granted the writ of review of the
employer, City of Jackson (City), after the Workers’ Compensation Appeals Board
(Board) disregarded the apportionment determination of the qualified medical evaluator
(QME) on the ground the determination was not substantial medical evidence and
directed the workers’ compensation administrative law judge ... More...
   $0 (04-27-2017 - )

Aleyamma Joh v. The Superior Court of Los Angeles County, Sylvia Chan, Real Party in Interest

The vexatious litigant statutory scheme (Code Civ. Proc., §§ 391-391.7)1
applies exclusively to self-represented litigants. Section 391.7, subdivision (a),
authorizes a trial or appellate court to enter, “on its own motion or the motion of
any party,” a prefiling order that prohibits a self-represented vexatious litigant
from “filing any new litigation in the courts of this state .... More...
   $0 (04-23-2017 - )

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