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Declaratory Judgment Law
Evanston Insurance Company v. Housing Authority of Somerset, Kentucky

In 2009, an old tree broke low on its trunk and fell on cousins
Kaitlyn Griffin and Joshua Thacker. The tree killed Kaitlyn and severely injured Joshua.
Kaitlyn was pregnant, and the doctors tried to save the baby, but he died an hour after being
born. Their families filed—and won—a state court lawsuit for nearly $4 million against the
Housing Authority of Somerset, which was found... More...
   $0 (08-15-2017 - KY)

Hattie Tanner v. Joan Yukins

Hattie Mae Tanner, who was convicted of
murder in 2000, argues that the district court erred by denying habeas relief on two grounds.
No. 15-1691 Tanner v. Yukins Page 2
First, Tanner argues that the Michigan Supreme Court unreasonably applied Ake v. Oklahoma,
470 U.S. 68 (1985), when it held that the trial court properly denied Tanner’s trial counsel
funding for a serolo... More...
   $0 (08-15-2017 - MI)

In Re: Raymond Tibbetts

Petitioner Raymond Tibbetts filed a petition for a writ of habeas corpus, which the United
States District Court for the Southern District of Ohio determined was a second-or-successive
habeas petition and transferred to our court. The district court properly concluded that Tibbetts’s
petition is second or successive, and Tibbetts’s motion to remand is therefore DENIED. Because
*Thi... More...
   $0 (08-15-2017 - OH)

Ponani Sukumar v. City of San Diego

Litigation under the Public Records Act (PRA) (Gov. Code,1 § 6250 et seq.) is
one of the rare instances where a losing party may still be deemed a prevailing party
entitled to an attorney fee award. This is because the plaintiff has prevailed within the
meaning of the PRA when he or she files an action that "results in defendant releasing a
copy of a previously withheld document." ... More...
   $0 (08-15-2017 - CA)

United States of America v. Leda Giggey United States Court of Appeals For The First Circuit - Boston, Massachusetts

Controlled substances continue to
cast a dark shadow over a large segment of American society. That
situation is made even worse by the proliferation of new
permutations of such substances. Synthetic cathinones,
colloquially known as bath salts, represent one of these
permutations, and we recently had occasion to warn that their
illegal use was becoming a mounting problem i... More...
   $0 (08-15-2017 - ME)

Jacques Jacobs v. Caldwell Banker Residential Brokerage Company

Defendant Coldwell Banker Residential Brokerage
Company (Coldwell) marketed for sale a vacant, bank-owned
property located in Simi Valley. The property had a backyard
with an empty swimming pool and diving board. While plaintiffs
Jacques Jacobs (Jacques) and his wife, Xenia Jacobs (Xenia),1
were viewing the property as potential buyers, Jacques stepped

1 Plaintiffs are... More...
   $0 (08-15-2017 - CA)

Larry Devel Stewart v. Tony Trierweilder, Warden

In this habeas case, Larry Stewart claims that a Confrontation
Clause violation and prosecutorial misconduct undermined the fairness of his murder trial. But
No. 16-2149 Stewart v. Trierweiler Page 2
because the state court did not unreasonably reject these claims, we must reject his petition. We
reverse the district court’s contrary decision.
On the morning of Dec... More...
   $0 (08-14-2017 - MI)

United States of America v. Joseph Buffis United States Court of Appeals For The First Circuit - Boston, Massachusetts

Joseph Buffis, our appellant and the town of Lee's (now-former) Chief of Police, took $4,000
from a duo accused of running a house of ill repute--and in return,
he promised to halt their prostitution prosecution. Buffis now
claims he didn't coerce the duo--they were completely
"comfortable" forking over their funds--so he cannot be guilty of
extortion. According to him, that me... More...
   $0 (08-14-2017 - )

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

David Mueller v. Taylor Swift, Andrea Swift, Frank Bell and Scott Swift

Denver, CO - Jury Awards Taylor Swift $1

David Mueller sued Taylor Swift, Andrea Swift, Frank Bell and Scott Swift on tortious interference theories claiming that he was fired from his $150,000 a year job at KYGO radio in Denver after he was wrongfully was accused of groping Ms. Swift during a pre-concert photo session in 2013.

Mueller filed suit in the state district court in De... More...
   $0 (08-14-2017 - CO)

Joseph Montano v. State of Texas Fifth Circuit Court of Appeals - New Orleans, Louisiana

Joseph Montano’s felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial would violate his rights under the Fifth Amendment’s Double Jeopardy Clause. Montano then f... More...   $0 (08-13-2017 - TX)

Curci Investments, LLC v. James P. Baldwin

Respondent James P. Baldwin (Baldwin), a prominent real estate developer,
is no stranger to the complicated world of business entity structuring. Over the course of
his lifetime, he has formed and held interest in hundreds of corporations, partnerships and
limited liability companies. This appeal concerns one of those limited liability
companies, JPB Investments LLC (JPBI).
App... More...
   $0 (08-13-2017 - CA)

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...
   $0 (08-12-2017 - CA)

National Credit Union Administration Board v. Stan Jurcevic

The National Credit Union Administration Board accused Stan and Bara Jurcevic and their privately owned company, Stack Container Service, of fraudulently obtaining loans from St. Paul Croatian Federal Credit Union. In response, the district court enjoined Stan Jurcevic from disposing of all of his assets, save living expenses, before the trial over these allegations. It also dismissed the Board’s ... More...   $0 (08-11-2017 - OH)

The Housing Authority of the City of Pitcher, Oklahoma v. United States of America

In this interpleader action, the Board of County Commissioners of the County
of Ottawa, Oklahoma (the County) appeals the district court’s entry of summary
judgment to the United States, on behalf of the Secretary of the Department of
Housing and Urban Development (HUD). Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
In the 1960s, the Housing Autho... More...
   $0 (08-11-2017 - OK)

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)

The People v. Financial Casualty & Surety, Inc.

In this consolidated appeal, Financial Casualty & Surety, Inc. (FC Surety) appeals
two orders denying it relief from the forfeiture of a $150,000 bail bond. The trial court
denied FC Surety‘s bail agent‘s initial motion to vacate the forfeiture under Penal Code
section 980, subdivision (b).1
The trial court also denied FC Surety‘s motion to set aside
the summary judgment issue... More...
   $0 (08-11-2017 - CA)

John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

City of Abilene v. Chad Carter

n this interlocutory appeal, the City of Abilene appeals the trial court’s denial
of its plea to the jurisdiction to Chad Carter’s suit against the City. Carter brought
suit under the Texas Whistleblower Act. In its first issue, the City asserts that the
trial court erred by denying its plea to the jurisdiction. The City contends in its
second issue that the trial court... More...
   $0 (08-10-2017 - TX)

Alana Shultz v. Congregation Shearith Israel of the City of New York, et al. Second Circuit Court of Appeals - New York, New York

Plaintiff-appellant Alana Shultz appeals from a judgment of the United
States District Court for the Southern District of New York (J. Paul Oetken, Judge),
dismissing her federal claims for sex discrimination and retaliation in violation of
Title VII of the Civil Rights Act of 1964 (“Title VII”), and interference with her
rights under the Family and Medical Leave Act (“FMLA”) for f... More...
   $0 (08-10-2017 - NY)

Lone Wolf Security, Inc. and Michael S. Fletcher v. Amarillo National Bank

Lone Wolf Security, Inc. and Michael S. Fletcher (collectively, Lone Wolf) filed a
bill of review attempting to negate a judgment entered in favor of Amarillo National Bank
(ANB). The latter joined issue and eventually filed two motions for summary judgment
and special exceptions to the bill of review. The trial court granted both the special
exceptions and summary judgment and use... More...
   $0 (08-10-2017 - TX)

Debra Herron v. D&S Community Services

Following two failed efforts to serve her former employer, D&S Community Services (D&S), with a wrongful termination and retaliatory discharge lawsuit, Debra Herron was successful in serving D&S with process 246 days after she received notice from the Equal Employment Opportunity Commission (EEOC) of her right to file a lawsuit. D&S answered the lawsuit, and it affirmatively alleged that the statu... More...   $0 (08-10-2017 - TX)

Carol Paselk v. Bayview Loan Servicing, LLC

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

James Mark Dunne v. Brinker Texas, Inc., Chili's Beverage Company, Inc., and Brinker International Payroll Company, L.P., D/B/A Chili's Grill & Bar, and Lois Ahlgrim

After James Mark Dunne (“Dunne”) was indicted for intoxication assault, he sued Brinker Texas, Inc., Chili’s Beverage Company, Inc. and Brinker International Payroll Company L.P., d/b/a Chili’s Grill & Bar, and Loius Ahlgrim (“Chili’s”) asserting a claim under the dram shop statute. See TEX. ALCO. BEV. CODE ANN. § 2.02 (West 2007). Dunne then asserted his Fifth Amendment privilege in response to C... More...   $0 (08-10-2017 - TX)

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