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Declaratory Judgment Law
 
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
742 290 NEBRASKA REPORTS
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)

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.
I
A
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)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

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
2
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
2
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
BACKGROUND
¶2 Harmer is ... More...
   $0 (02-26-2015 - UT)

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appeals from the trial court’s order granting pleas to the jurisdiction
filed by Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd’s
Insurance Company (the Association) and the Texas Department of Insurance, Division of Workers’
Compensation (the Division), and dismissing his case for lack of jurisdiction. In two issues, Tijerina
... More...
   $0 (02-26-2015 - TX)

WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it byMore...
   $0 (02-25-2015 - OR)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - OR)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (02-19-2015 - )

Dean Craft v. Philadelphia Indemnity Insurance Company

¶1 We accepted jurisdiction pursuant to C.A.R. 21.1 to answer questions of state law certified to this court by the United States Court of Appeals for the Tenth Circuit regarding the applicability of the “notice-prejudice rule” to claims-made insurance policies.

¶2 Under the notice-prejudice rule, an insured who gives late notice of a claim to his or her insurer does not lo... More...
   $0 (02-17-2015 - CO)

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