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Construction Law
 
Erik J. Hansen v. Sandridge Partners, L.P.

Respondent and cross-appellant Erik Hansen and several relatives (the “Hansens”)
own about 382 acres of farmland in Tulare County (APN 291-010-009; the “09 parcel”).
Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent
parcel of about 250 acres (APN 291-010-005; the “05 parcel”).1
This case centers around
approximately 10 acres on the southwest... More...
   $0 (05-02-2018 - CA)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

We deny Appellant’s Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

James Michael Hand, et al. v. Rick Scott Northern District of Florida Federal Courthouse - Tallahassee, Florida

Appellants Rick Scott, in his official capacity as Governor of the State of Florida, and the other three members of Florida’s Executive Clemency Board (Pam Bondi, Adam H. Putnam, and Jimmy Patronis) (collectively, the “State Executive
Case: 18-11388 Date Filed: 04/25/2018 Page: 1 of 36
2
Clemency Board”) have appealed from the district court’s orders entered in favor of appellees James... More...
   $0 (05-01-2018 - FL)

STATE OF IOWA vs. NOAH RILEY CROOKS

On the evening of March 24, 2012, Noah Crooks was at home with his mother, Gretchen Crooks. Noah was thirteen years old and an eighth grader at Osage Middle School. He had no prior criminal record. The Crooks lived in rural Osage, in Mitchell County. Gretchen worked as a nurse at Mercy Hospital in Mason City and was studying to get her master’s degree at the University of Iowa. Noah’s father,... More...   $0 (04-30-2018 - IA)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

STATE OF KANSAS v. ANGEL RODRIGUEZ COURT OF APPEALS OF THE STATE OF KANSAS

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar... More...   $0 (04-28-2018 - KS)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

We begin with an introduction of the people involved in or affected by the criminal conspiracy and an outline of the circumstances that drew them together. Bollig, a bank officer, became acquainted with Naomi Abbott in late 2012, while she was married to Rahn Abbott. As her acquaintance with Bollig took an intimate turn, Naomi and Rahn were divorcing. After the divorce, Bollig and Naomi continued ... More...   $0 (04-28-2018 - KS)

STATE OF KANSAS v. MARCUS G. BUTLER

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori... More...   $0 (04-28-2018 - KS)

STATE OF MONTANA v. PHILIP RAE GRIBBLE

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Philip Gribble ... More...
   $0 (04-28-2018 - MT)

State of Vermont v. Jasen Suhr v

Defendant appeals the trial court’s decision that he violated the
terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring
requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial
court’s decision to revoke his youthful-offender status based on these violations. We affirm in
part and reverse and remand ... More...
   $0 (04-28-2018 - VT)

BIG SANDY COMPANY, L.P. v. EQT GATHERING, LLC and EQT PRODUCTION COMPANY

The majority of the facts are undisputed. On August 1, 2003, Big Sandy
entered into a Pipeline Easement Agreement (the Agreement) with Kentucky
West Virginia Gas Company, LLC (KWVA). KWVA is EQT's predecessor in
interest. In the Agreement, Big Sandy. granted KWVA an easement for the
construction, operation, and maintenance of a pipeline. The parties refer to the ·
·pipelin... More...
   $0 (04-27-2018 - KY)

Dale E. Kleber v. CareFusion Corporation Northern District of Illinois Courthouse - Chicago, Illinois

The key provision of the Age
Discrimination in Employment Act of 1967 prohibits
employment practices that discriminate intentionally against
older workers, and prohibits employment practices that have
2 No. 17‐1206
a disparate impact on older workers. 29 U.S.C. § 623(a)(1),
(a)(2); Smith v. City of Jackson, 544 U.S. 228 (2005). The central
issue in this appeal is ... More...
   $0 (04-27-2018 - IL)

Jerald Glaviano v. Sacramento City Unified School District

After Jerald Glaviano interceded in a confrontation between two of his students,
the Sacramento City Unified School District (the District) placed him on unpaid leave
and issued an accusation and a notice of intent to dismiss or suspend him without pay.
Following a hearing, the Commission on Professional Competence (Commission)
dismissed the accusation and ordered the District to r... More...
   $0 (04-27-2018 - CA)

SOPHAL PHON V. COMMONWEALTH OF KENTUCKY

Phon, a member of a gang, entered the home of Khatnphao
Phromratsamy and Manyavanh Boonprasert in August 1996. At the direction
of the gang leader, Phon killed Khamphao and Manyavanl;l, execution style. He
also shot their twelve-year-old daughter in the head but she miraculously
survived. Phon claimed that the then twenty-six-year-old leader of the gang
had instructed him ... More...
   $0 (04-26-2018 - KY)

TARACORP v. DAILEY

On June 4, 2007, the District Court of Logan County, Colorado, granted the plaintiffs/appellants, Taracorp, LTD., and Tara and Kelly Barlean (collectively, Taracorp) a default judgment against the defendants/appellees, Jeff Dailey d/b/a A.J.'s Bargain World (collectively Dailey). The lawsuit apparently stemmed from Taracorp's allegations that Dailey breached a fiduciary duty and defrauded Taracorp... More...   $0 (04-24-2018 - OK)

United States of America v. David Mero Federal Courthouse - Newport News, Virginia

Newport News, VA - Man Sentenced for Recruiting Homeless to Cash Counterfeit Checks

An Atlanta man was sentenced on April 23, 2018 to 116 months in prison for recruiting individuals from local homeless shelters to cash counterfeit business checks worth nearly $105,000.

According to court documents, David Mero, 58, traveled from Georgia to Virginia and other states on at least thr... More...
   $0 (04-24-2018 - VA)

David Fischer v. Joannie Fischer

A 15-year marriage between appellant David Fischer and respondent Joannie
Fischer had its “ups and downs,” one down of which was David’s affair—an affair he
promised was “over.” David nevertheless petitioned for dissolution; Joannie resisted; and
the parties attempted reconciliation, in connection with which the trial court would later
conclude David gave “conflicting messages.” Me... More...
   $0 (04-23-2018 - CA)

CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

Plaintiff originally filed suit against Defendants on January 31, 2011. However, the trial court dismissed Plaintiff's original petition without prejudice and, in January 2012, Plaintiff re-filed its petition. As stated above, Plaintiff asserted theories of breach of contract and negligence against Trinity. However, in March 2012, Trinity filed a motion to dismiss in which it argued, among other t... More...   $0 (04-21-2018 - OK)

PATRICK WHIGHAM v. KANSAS DEPARTMENT OF REVENUE

Patrick Whigham appeals the administrative suspension of his driver's license by the Kansas Department of Revenue (KDR).

Whigham was arrested for driving under the influence (DUI). He was read a 2013 version of the DC-70 implied consent advisories, which included the criminal penalties found facially unconstitutional in State v. Ryce, 303 Kan. 899, 368 P.3d 342 (2016) (Ryce I), aff'd ... More...
   $0 (04-21-2018 - )

ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit ... More...   $0 (04-21-2018 - KS)

Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Planned Parenthood of Greater Ohio v. Lance Himes Sixth Circuit Court of Appeals for the Sixth Circuit

Enacted in 2016, Ohio Revised Code § 3701.034
requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six
non-abortion-related federal health programs are not used to contract with any entity that
performs or promotes nontherapeutic abortions, or becomes or continues to be an affiliate of any
entity that performs or promotes nontherapeutic abortion... More...
   $0 (04-18-2018 - OH)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

STATE OF KANSAS v. EARNEST LEE TAYLOR

Taylor pled guilty to aggravated assault and possession of methamphetamine. He entered into a plea agreement with the State providing in part:

"In return for Defendant's successful plea of Guilty as set forth in paragraph 1 the State will dismiss Counts 2, 4 and 5, and the following recommendations will be made: "a. The parties agree to recommend the middle number in the applicable KSGA... More...
   $0 (04-18-2018 - KS)

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