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Declaratory Judgment Law
City of Glenpool v. Creek County Rural Water District No. 2

Tulsa, OK - The City of Glenpool sued Creek County Rural Water District No. 2 on a declaratory judgment theory seeking a judicial determination of its liability to the defendant water district. The issues included:

Filed Date: 11/10/2011
Party Name Disposition Information
Defenda... More...
   $1000000 (05-18-2015 - OK)

Cornhusker Casualty Company v. Shar Jkaj

Cornhusker Casualty Company (“Cornhusker”) appeals from the district
court’s summary-judgment ruling, arguing that the district court incorrectly
concluded that Cornhusker was estopped from asserting noncoverage as a defense
to the claims of Shari and Steve Skaj. The Skajs have cross-appealed the district
court’s sua sponte entry of summary judgment against them on their co... More...
   $0 (05-18-2015 - WY)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc... More...
   $0 (05-18-2015 - MA)

Tim Roback and Charlotte Roback v. Ravalli County

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by unpublished opinion and shall not be cited and does not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
¶2 Tom and Charl... More...
   $0 (05-07-2015 - MT)

Lucas Ranch, Inc. v. Montana Department of Revenue

¶1 Lucas Ranch, the Montana Farm Bureau Federation, and the Montana Taxpayers’
Association (“Petitioners”) filed suit against the Montana Department of Revenue
(“Department”), in the District Court for the Fourteenth Judicial District, Meagher
County. In June 2013, the Department moved for summary judgment. The District
Court granted the Department summary judgment and t... More...
   $0 (04-28-2015 - MT)

Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanie—a resident of North Platte, Nebraska—that it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically at the De... More...   $0 (04-23-2015 - NE)

Richard J. Nubuda v. Dodge County School District 0062 (Scribner-Synder Community Schools) in the State of Nebraska

After the voters in the appellee school district rejected a bond proposal to build an addition, the school district entered into a lease-purchase agreement with Scribner Bank to finance an addition. The appellants, residents and taxpayers in the
Nebraska Advance Sheets
district, sought declaratory and injunctive relief. The taxpayers contend that the agreement ... More...
   $0 (04-23-2015 - NE)

J. Canute Barnes v. Curtis H. Harris

This appeal follows on the heels of a bank failure, the Barnes Banking Company
(the “Bank”) having been placed into Federal Deposit Insurance Corporation (“FDIC”)
receivership in 2010. Three shareholders in Barnes Bancorporation (the “Holding
Company”), parent of the failed bank, brought suit against the Holding Company and its
officers and directors. The district court... More...
   $0 (04-22-2015 - UT)

Chad P. Johnson v. Chris M. Melson

In 2007, Chad P. Johnson and Stewart S. Minnick entered into a written agreement whereby, after Minnick’s death, Johnson would purchase farmland he had been renting from Minnick and Minnick’s sister for a specified price. The purchase price was to be funded by an insurance policy owned by Johnson on Minnick’s life. Following Minnick’s death in 2012, the proceeds of the policy were paid to ... More...   $0 (04-17-2015 - NE)

United Food & Commerciall Workers Union Local 1000 v. Texoma Area Paratransit Systems, Inc.

United Food & Commercial Workers Union Local 1000 (the Union) appeals the trial
court’s summary judgment awarding Texoma Area Paratransit Systems, Inc. (TAPS) declaratory
relief and attorney’s fees. In four issues, the Union argues the trial court’s “final judgment” was
signed after the court’s plenary power expired; the trial court lacked subject matter jurisdiction
an... More...
   $0 (04-17-2015 - TX)

Gregory D. Lavitt v. Harry E. Stephens

[¶1] In an earlier proceeding which we affirmed on appeal, the district court
determined that the appellee, Harry E. Stephens, forfeited a legally enforceable easement
across the property of the appellants, Gregory D. Lavitt and Debra C. Lavitt (Lavitts).
Thereafter, Mr. Stephens petitioned the district court to condemn a private road to his
landlocked property, proposing a route ... More...
   $0 (04-15-2015 - WY)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...
   $0 (04-15-2015 - OR)

Larry Netahla v. Mike Netahla

This appeal arises out of a dispute over whether the mineral interest conveyed by a 1970 mineral deed terminated after 15 years, despite its recitation that it
was "subject to" a continuing oil and gas lease covering the same property. We hold that the mineral deed terminated and thus reverse the district court and the Court of Appeals.
Plaintiff... More...
   $0 (04-10-2015 - KS)

Donald Golden v. California Emergency Physicians

We must decide whether California law prohibits a
settlement agreement that may constrain a physician’s
freedom to practice medicine.
Donald Golden, M.D., is an emergency-room doctor
formerly affiliated with the California Emergency Physicians
Medical Group (together with other related defendants sued
in this action, collectively, “CEP”), a large consortiu... More...
   $0 (04-09-2015 - )

Thomas DePrince v. Starboard Cruise Services, Inc.

Thomas DePrince (“DePrince”) appeals the trial court’s order granting
summary judgment in favor of Starboard Cruise Services, Inc. (“Starboard”) on
DePrince’s claims against Starboard for breach of contract, specific performance,
and conversion. Because we find that disputed issues of material fact remain to be
resolved on all three counts of DePrince’s complaint, we ... More...
   $0 (04-08-2015 - FL)


Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gae Widdows v. Connie L. Heflin and Dennis Heflin

Tulsa, OK - Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gaye Widdows v. Connie L. Heflin and Dennis Heflin on conversion theories:

1. P. Gae Widdows is the duly appointed Personal Representative of the Estate of Camellia A. Keagy filed in the Tulsa County District Court in case number PB-2012-584 (“the Probate”).
2. Camellia A. Keagy (“Camellia... More...
   $1 (03-25-2015 - OK)

Joseph R. Willie, II v. Commission for Lawyer

Willie represented his client, Don Collis Houston Jr., after Houston was
indicted for possession of a controlled substance and bail jumping. After
consulting with Willie, Houston signed a judicial confession and waiver of rights
as to both charged offenses on May 12, 2008; these documents also were signed by
Willie and the State’s attorney, Michael Mark. Houston then pleade... More...
   $0 (03-17-2015 - TX)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m... More...
   $0 (03-12-2015 - TX)

Pharrell Williams, et al. v. Bridgeport Music, Inc., et al.

Los Angeles, CA - Pharrell Williams, Robin Thicke and Clifford Harris, Jr. sued Bridgeport Music, Inc., Frankie Christian Gaye, Marvine Gaye, III and Nona Marvisa Gaye on a declaratory judgment theory. The Defendants counterclaimed on a copyright violation theory claiming that Thicke and Williams wrongfully copied their father's music (Got to Give It Up) to create "Blurred Lines," the biggest hit... More...   $7400000 (03-10-2015 - CA)

Alterra Excess and Surplus Insurance Company v. Estate of Buckminstyer Fuller

The Estate of Buckminster Fuller (Estate) appeals from a judgment on the pleadings holding that Alterra Excess and Surplus Insurance Company (Alterra) had no duty to defend, and therefore no duty to indemnify, its insured in an action brought by the Estate against the insured. The basis of the judgment was that an exclusion in the Alterra policy, referred to by all below as the “intellectual pro... More...   $0 (03-09-2015 - CA)

Kish D. Powell v. The State of Texas

Kish D. Powell filed a suit against the State of Texas for a declaratory judgment of inability to pay property taxes and for injunctive relief. Before service of process, the trial court dismissed the case as frivolous and for failure to comply with the procedural requirements that apply to litigation filed without payment of costs by persons incarcerated in the Texas Department of Criminal Justic... More...   $0 (03-05-2015 - TX)

James T. Dreiling and Silveroak Land Company, L.P. v. Security State Bank & Trust

Security State Bank & Trust, appellee, sued James T. Dreiling, appellant, for deficiency on a note following a foreclosure. Silveroak Land Company, L.P., appellant, filed a plea in intervention. Security State filed a motion to strike the intervention and a motion for summary judgment on its claim against Dreiling. The trial court granted both motions. On appeal, Silveroak argues the trial court a... More...   $0 (03-05-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

Zagg, Inc. v. Lorence A. Harmer

¶1 Zagg, Inc. appeals from the district court’s interlocutory
order denying its request for an injunction to prevent Lorence A.
Harmer from selling shares of Zagg stock under the terms of a
settlement agreement between the parties. We reverse that order
and remand the matter to the district court for further proceedings.
Zagg, Inc. v. Harmer
¶2 Harmer is ... More...
   $0 (02-26-2015 - UT)

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