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Commercial Property Law
 
Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th... More...
   $0 (02-10-2018 - CO)

State of Indiana v. Ronald Combs Clark County Indiana Courthouse - Jeffersonville, Indiana

Jeffersonville, IN - Judge Directs Verdict In Favor of Defendant

The State of Indiana charged Ronald Combs with:

Violation of 9-26-1-1.1(a)(2)/MA: Failure to Remain at Scene of Accident Bodily Injury bodily injury., 35-44.1-3-1(a)(1)/F6: Resisting Law Enforcement but the def. draws or uses a deadly weapon, inflicts, 9-21-8-52(a)(1)/MC: Reckless Driving Drive at unreasonable high ... More...
   $0 (02-10-2018 - IN)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Annie Rayman v. Abbott Amubulance, Inc. St. Louis City Courthouse - City of St. Louis, Missoui

Annie Rayman (“Rayman”) appeals from the trial court’s grant of summary judgment in
favor of Abbott Ambulance, Inc. (“Abbott”) on her negligence claim. Rayman sued Abbott for
damages that resulted from an automobile collision between Rayman and a third party. The trial
court granted Abbott’s motion for summary judgment, finding that Abbott did not owe Rayman a
duty of care and that... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Gregory Allen Heidbrink Warren County Courthouse - Warrenton, Missouri

Gregory Alan Heidbrink (Appellant) appeals from the trial court’s judgment
entered after a jury trial convicting him of receiving stolen property. We affirm in part,
reverse in part, and remand for resentencing.
Factual and Procedural Background
The State charged Appellant, as a prior and persistent offender, with one count of
receiving stolen property, a class C Felony, in vio... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

United States of America v. Mark Arlin Hammerschmidt District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Mark Arlin Hammerschmidt (Mark) pleaded guilty to two counts of conspiracy
to defraud the United States in violation of 18 U.S.C. § 286 and was sentenced to 135
months’ imprisonment. Ornella Angelina Hammerschmidt (Ornella) pleaded guilty
to one count of making false claims for refunds in violation of 18 U.S.C. § 287 and
was sentenced to 48 months’ imprisonment. The Hammerschmidts ... More...
   $0 (02-08-2018 - MN)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,... More...
   $0 (02-06-2018 - MI)

Steven Mora v. Webcor Construction, L.P.

California Labor Code section 226, subdivision (a) (Section 226(a)), requires
employers to provide employees wage statements itemizing, among other things, all
wages earned, including the hours worked and applicable rates of pay. Plaintiff and
appellant Steven Mora (appellant) contends defendant and respondent Webcor
Construction, L.P. (respondent) violated Section 226(a) by faili... More...
   $0 (02-06-2018 - CA)

Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Grand Mesa Pipeline LLC v. Donna Elizabeth Ward Payne County Courthouse - Stillwater, Oklahoma

Stillwater, OK - Grand Mesa Pipeline LLC used Donna Elizabeth Ward on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by her for the construction of a pipeline.

Docket
Date Code Description Count Party Amount
08-17-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
08-17-2015 CONDEMN ... More...
   $0 (02-05-2018 - OK)

State of Oklahoma v. Silvia Margarita Cardenas Beaver County Courthouse - Beaver, Oklahoma

Beaver, OK - The State of Oklahoma v. Silvia Margarita CardenasState of Oklahoma charged Silvia Margarita Cardenas with:

1. DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL,AGGREVATED, in violation of 47 OS 11-902(A)(2)

2. TRANSPORTING OPENED CONTAINER OF BEER, in violation of 21 OS 1220

Citation Information

Arresting Agency: N/A
Location of O... More...
   $0 (02-05-2018 - OK)

State of Oklahoma v. Trevor Shanye Frydendall Beaver County Courthouse - Beaver, Oklahoma

Beaver, OK - TheState of Oklahoma charged Trevor Shanye Frydendall with:

1. BURGLARY IN THE SECOND DEGREE, in violation of 21 OS 1435

2. GRAND LARCENY

3. CONSPIRACY

4. KNOWINGLY CONCEALING STOLEN PROPERTY

5. BURGLARY IN THE SECOND DEGREE, in violation of 21 OS 1435

6. GRAND LARCENY

7. CONSPIRACY

8. KNOW... More...
   $0 (02-05-2018 - OK)

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)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

United States of America v. Jianhua "Jeff" Li District of New Jersey Federal Courthouses

Newark, NJ - Chinese National Pleads Guilty to Conspiracy and Trafficking of Counterfeit Apple Goods Into the United States

A Chinese national living in the United States on a student visa pleaded guilty on February 2, 2018 for his role as a counterfeit distributor in a scheme to traffic and smuggle counterfeit electronics purporting to be Apple iPhones and iPads, from China into the Uni... More...
   $0 (02-03-2018 - NJ)

United States of America v. Raymond Juiwen Ho Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Vienna, VA - Former Virginia Attorney Sentenced to 7 Years in Prison for Laundering and Attempting to Launder Over $2 Million

A former Vienna, Virginia attorney was sentenced on February 2, 2018 to 84 months in prison for conspiring to launder over $2 million dollars derived from a business email compromise scheme and for attempting to launder funds he believed to be the proceeds of smu... More...
   $0 (02-03-2018 - VA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

Rashad B. Swanigan v. City of Chicago Northern District of Illinois Courthouse - Chicago, Illinois

While on the lookout for a serial
bank robber, Chicago police officers misidentified Rashad
Swanigan as the perpetrator, arrested him, and detained him
for approximately 51 hours without a probable-cause hearing.
He was released when the state prosecutor decided not
to press charges, and police later found the true culprit.
2 No. 16-1568
Swanigan sued the officers invol... More...
   $0 (02-02-2018 - IL)

United States of America v. Deborah E Hendricks District of Arizona Federal Courthouse - Flagstaff, Arizona

Flagstaff, AZ - Owner of Northern Arizona Commercial Guiding Company Convicted of Crimes, Banned from the Grand Canyon

Deborah Hendricks, 44, of Scottsdale, Ariz., and owner of “Just Roughin’ It”, a commercial guiding company, was sentenced by U.S. Magistrate Judge Charles R. Pyle to three years of probation. The probation terms include a three-year ban for Hendricks and “Just Roughin It... More...
   $0 (02-02-2018 - AZ)

United States of America v. Margie Lou Franz District of Maryland Federal Courthouse - Greenbelt, Maryland

Greenbelt, MD - 73 Year Old Pennsylvania Woman Sentenced To 21 Months In Prison For Wire Fraud

On January 26, 2018, United States District Judge Paula Xinis sentenced Margie Lou Franz, age 73, of Warfordsburg, Pennsylvania to 21 months in prison, followed by three years of supervised release, for wire fraud. Xinis also ordered Franz to pay $970,964.76 in restitution.

According t... More...
   $0 (02-02-2018 - MD)

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