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Civil Procedure Law
Weitzner v. Cynosure, Inc.

Plaintiffs are Ari Weitzner, an ophthalmologist based in Brooklyn, NY, and Ari Weitzner, 16
M.D., P.C., which is Ari Weitzner’s professional corporation (“Plaintiffs”). The complaint alleges 17
that Plaintiffs received four unsolicited faxes sent by Defendant Cynosure, Inc. (“Cynosure”), a 18
Massachusetts-based manufacturer and distributor of light-based products for medical and 19... More...
   $0 (09-18-2015 - NY)

Citizens Against Casino Gambling in Erie Cty. v. Chaudhuri

This  appeal  has  a  long history  that,  as  mentioned  above, 5  
includes three lawsuits. While much of that background is described 6  
here, a more detailed history can be found in the district court’s 7  
prior opinions in those cases. See Citizens Against Casino Gambling in 8  
Erie Cty. v. Kempthorne, 471 F. Supp. 2d 295 (“CACGEC I”), amended 9  
on reconsideration by ... More...
   $0 (09-18-2015 - NY)

In re September 11 Litigation

In  addition  to  reconstruction  costs,  WTCP  and  7WTCo.  also  seek 2  
consequential damages. The district court heard testimony about the proper way to allocate the 8  
insurance recoveries between the different types of insurance claims Plaintiffs 9  
submitted, and heard the opinions of two economists — Professor Steven Shavell 10  
for  the  Plaintiffs  and  Professor  D... More...
   $0 (09-18-2015 - NY)

John Gary Hardwick, Jr. v. Secretary, Florida Department of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his capital... More...
   $0 (09-18-2015 - FL)

Ray, et al. v. Wal-Mart

This case arises out of two separate incidents involving WalMart employees and shoplifters.2 Each of the Employees was tasked with, among other things, investigating, documenting, and preventing the theft of merchandise by customers and employees from Wal-Mart stores. The Employees were fired for violating WalMart‘s Policy AP-09, which provides, If the Suspect is believed to possess a weapon, the... More...   $0 (09-18-2015 - UT)

Wooten v. Bank of America

In November 2002, Gary C. Wooten purchased property and received sole title. He
married Iracy M. Wooten in 2005. On November 15, 2007, Gary Wooten borrowed money and
executed a deed of trust to secure the loan. Iracy Wooten did not sign the loan documents or the
deed of trust. Approximately one week after executing the deed of trust, Gary Wooten conveyed the
property to hims... More...
   $0 (09-18-2015 - VA)

United States of America v. Paula J. Butterfield

Charleston, WV - Trivillian's Pharmacy sentenced for federal healthcare and drug crimes

Former Owner Paula Butterfield Sentenced to One Year and One Day in Federal Prison

United States Attorney Booth Goodwin announced that Trivillian’s Pharmacy, a long-standing Kanawha City retail and compounding pharmacy, was sentenced today in federal court in Charleston to three years of proba... More...
   $0 (09-18-2015 - WV)

REVI, LLC v. Chicago Title Insurance Co

In 2000, REVI, LLC (“REVI”) purchased a five-acre parcel of residential property along
the Potomac River in Fairfax County (the “Property”). At that time, REVI also purchased a title
insurance policy from Chicago Title Insurance Company (“Chicago Title”), which insured
against “loss or damage” caused by “[a]ny defect in or lien or encumbrance on the title,” among
other risks. ... More...
   $0 (09-18-2015 - VA)

Lee v. Spoden

In 1994, Lee started SHC, a consulting company providing services to healthcare
organizations and professionals. In 1995, Lee and Spoden married. That same year, Lee granted Spoden a 50% ownership interest in SHC.1 In 2004, SHC purchased real property in Sarasota,
Florida (the “Florida Property”).
In 2009, Spoden filed for divorce. As part of the divorce proceeding, Lee and Spo... More...
   $0 (09-18-2015 - VA)

Allstate v. Ploutis

On March 19, 2010, Ploutis’ home and certain contents were damaged when water pipes
in the home burst. At the time of the loss, Ploutis’ home was insured under a policy issued by Allstate.1 Although Allstate provided an initial payment to Ploutis, the parties were unable to
reach an agreement on the cost of remaining repairs. Ploutis filed a complaint for breach of
contract again... More...
   $0 (09-18-2015 - VA)

Bratton v. Selective Insurance Co.

In February 2008, Ray Sink Pipeline Company (“Ray Sink”) was acting as general
contractor for a project on Route 419 in Roanoke County. The Route 419 project required Ray
Sink to lay water lines along the right edge of Route 419’s southbound lanes. To accomplish this
task, Ray Sink needed to cut a channel in the existing asphalt at the road’s edge.
Ray Sink hired S.R. Draper ... More...
   $0 (09-18-2015 - VA)

Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, et al.

This interlocutory appeal brought by appellants Ricardo Martinez, M.D. and Alberto Peña, M.D. asks us to determine whether the trial court abused its discretion in denying Martinez and Peña’s respective motions to dismiss under section 74.351 of the civil practice and remedies code. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (West,
Westlaw through Ch. 46, 2015 R.S.). We affirm.
I. B... More...
   $0 (09-17-2015 - TX)

Ricardo Martinez, M.D. and Alberto Pena, M.D. v. Maria Gonzales, et al.

This interlocutory appeal brought by appellants Ricardo Martinez, M.D. and Alberto Peña, M.D. asks us to determine whether the trial court abused its discretion in denying Martinez and Peña’s respective motions to dismiss under section 74.351 of the civil practice and remedies code. See TEX. CIV. PRAC. REM. CODE ANN. § 74.351 (West,
Westlaw through Ch. 46, 2015 R.S.). We affirm.
I. B... More...
   $0 (09-17-2015 - TX)

Entrust, Inc. v. Rice District Community Hospital d/b/a Rice Medical Center

Entrust, Inc. appeals from a money judgment against it and in favor of Rice
District Community Hospital d/b/a Rice Medical Center following a jury trial on
Rice’s claim under the Deceptive Trade Practices-Consumer Protection Act
(DTPA). See Tex. Bus. & Com. Code §§ 17.41-.63 (Vernon 2011 & Supp. 2014).
We reverse the trial court’s judgment and render a take-nothing judgment in favo... More...
   $0 (09-17-2015 - TX)

Jody Weiderman v. The City of Arlington, Texas; and Jeff Williams, Mayor in his official capacity

In this accelerated appeal, appellant Jody Weiderman appeals from the trial court’s order granting the plea to the jurisdiction filed by appellees the City of Arlington, Texas (the city), and Mayor Jeff Williams (the mayor), and dismissing Weiderman’s declaratory-judgment action. Because Weiderman did not have
1See Tex. R. App. P. 47.4.
standing to bring the action, we affirm the tri... More...
   $0 (09-17-2015 - TX)

Robert G. Bryant d/b/a The Western Shop v. Lucchese, Inc.

In this restricted appeal in a suit on a sworn account, appellant Robert G. Bryant d/b/a The Western Shop appeals the default judgment in favor of appellee Lucchese, Inc. We reverse and remand.
Background Facts
In April 2002, Bryant applied for a line of commercial credit with Lucchese for his store, The Western Shop. On the application, Bryant listed the street address and the shipping ad... More...
   $0 (09-17-2015 - TX)

Ricky D. Parker and James Myers v. Schlumberger Technology Corporation

Schlumberger Technology Corporation (“STC”) sued Ricky Parker and James Myers, respectively, the owner and the lead employee of a company STC had purchased, seeking to enforce their covenants not to compete and to recover damages based on related alleged torts. Relying on an arbitration provision
contained in STC’s asset purchase agreement for the company, Parker and Myers moved to compe... More...
   $0 (09-17-2015 - TX)

Ramah Navajo Chapter v. Jewell Resolves Historic Contract Support Cost Lawsuit with Tribes

WASHINGTON – The U.S. Department of Justice and the U.S. Department of the Interior (Interior) today announced a $940 million proposed settlement with a nationwide class of Native American Tribes and tribal entities that, if approved by the federal district court, would resolve a 25-year-old legal dispute related to contract support costs for tribal agencies. The proposed settlement would address... More...   $0 (09-17-2015 - DC)

United States of America v. Shiloh Y. McLemore

Albuquerque, NM - Crownpoint Man Pleads Guilty to Federal Assault Charges

Defendant Prosecuted as Part of Federal Initiative to Address the Epidemic Incidence of Violence Against Native Women

Shiloh Y. McLemore, 36, an enrolled member of the Navajo Nation who resides in Crownpoint, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to assault charges.
   $0 (09-17-2015 - NM)

San Diegans etc. v. Har Construction

In about early January 2012, the San Diego County District Attorney filed a criminal complaint against former District superintendent Jesus Gandara and three District Board of Trustee (Board) members (Pearl Quiñones, Arlie Ricasa, and Greg Sandoval) for alleged wrongdoing related to construction projects at District schools. Less than one month later, SanDOG filed a taxpayers' action against the ... More...   $0 (09-17-2015 - CA)

Melendrez v. Ameron Internat. Corp

Melendrez worked for Ameron and its predecessors from approximately 1961 to 1985, performing various tasks in the manufacture of Ameron’s Bondstrand pipe. The pipe, which was designed to transport extremely corrosive materials, contained asbestos, and Melendrez was exposed to asbestos from the manufacturing process in the course of his employment with Ameron.
The plant where Melendrez work... More...
   $0 (09-17-2015 - CA)

Mendoza v. WIS Int'l Inc

In accordance with section 2(D)(3) of Amendment 80 to the Arkansas Constitution
and Rule 6-8 of the Rules of the Supreme Court and Court of Appeals of the State of
Arkansas, the Honorable James M. Moody, Jr., of the United States District Court for the
Eastern District of Arkansas, Western Division, has filed a motion and certification order with
our clerk on August 24, 2015. The c... More...
   $0 (09-17-2015 - AR)

Rodriguez v. Brand West Dairy

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa... More...
   $0 (09-17-2015 - NM)

Land Baron Invs. v. Bonnie Springs Family LP

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s... More...
   $0 (09-17-2015 - NV)

State of Idaho v. Jose Luis Villavicencio

In 2005, the State and Villavicencio entered into a binding plea agreement governing two separate cases. It called for Villavicencio to plead guilty to two charges of possession of methamphetamine, Idaho Code § 37-2732(c)(1). As to the sentences, the parties agreed: (1) that Villavicencio would receive prison sentences of “one and a half (1-1/2) years determinate followed by three and a half (3-... More...   $0 (09-17-2015 - ID)

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