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Estoppel Law
Cody Allen Waters v. The State of Texas Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

United States of America v. Cristina Portillos Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Defendant-Appellant Cristina Portillos was convicted of conspiracy to file
false claims for a refund, 18 U.S.C. § 286 (Count 1), and aiding and abetting the
filing of false claims for refunds, 18 U.S.C. §§ 2(a), 287 (Counts 17 and 30). She
was sentenced to 21 months on each count, to run concurrently, as well as three
years’ supervised release on each count, also to run concurrentl... More...
   $0 (11-20-2017 - CO)

United States of America v. Richard Jenks, Jr. District of Utah Federal Courthouse - Salt Lake City, Utah

A jury convicted Richard Jenks Jr. of multiple counts of sexually abusing his
minor stepdaughter. Jenks now appeals his conviction and sentence. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
After marrying Jenks, a member of the Ute Tribe, Elizabeth Dini sent her
daughter, D.W., to live with her maternal grandparents. At 8 years old, D.W.
* After examining th... More...
   $0 (11-20-2017 - UT)

State of Nebraska v. Curtis H. Lavalleur United States District Court for the District of Nebraska

This is the third time this case has been before this court
on appeal and the second time Lavalleur has entered a plea in
bar on double jeopardy grounds. Because a thorough factual
background is already chronicled in our 20141 and 20162 opinions
in this case, only those facts relevant to this appeal will
be repeated.
The State originally charged Lavalleur with first degree<... More...
   $0 (11-19-2017 - NE)

United States of America v. Daminion T. Titties, a/k/a Damion Tyrone Tittle, a/k/a Damion Tyson Tittles, a/k/a Capone Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Daminion T. Titties pleaded guilty to being a felon in possession of a firearm.
See 18 U.S.C. § 922(g)(1). His plea agreement explained that the maximum statutory
sentence for this crime is 10 years, see id. § 924(a)(2); however, if the Armed Career
Criminal Act (“ACCA”) applies, the maximum statutory sentence is 15 years to life
imprisonment, see id. § 924(e)(1). The district cour... More...
   $0 (11-14-2017 - OK)

United States of America v. Juan Manuel Lopez-Garcia District of Kansas Federal Courthouse - Kansas City, Kansas

Defendant Juan Manuel Lopez-Garcia appeals the sentence entered in this
criminal case.
Defendant was convicted by a jury of conspiring to distribute and to
possess with the intent to distribute more than fifty grams of methamphetamine
and of possessing firearms as an illegal alien. Based on the large amount of drugs
involved, Defendant’s leadership role in the drug-trafficking ... More...
   $0 (11-14-2017 - KS)

Osbaldo Padron v. Watchtower Bible and Tract Society of New York, Inc.

This case presents the issue whether a superior court can impose a hefty daily
monetary sanction on a party who steadfastly refuses to comply with a discovery order.
Here, the court ordered Watchtower Bible and Tract Society of New York, Inc.
(Watchtower) to produce documents responsive to a specific request for production. Per
the court's order, the documents would be redac... More...
   $0 (11-11-2017 - CA)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

E. Jeffrey Donner v. Jack Nicklaus Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

E. Jeffrey Donner and Judee Donner appeal the district court’s dismissal of
their intentional misrepresentation claim against Jack Nicklaus and Jack Nicklaus
Golf Club, LLC (collectively “Nicklaus”). Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
We will not discuss in detail the background facts of this case, which are
covered in our prior opinion, Donner v. ... More...
   $0 (11-07-2017 - UT)

Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C. Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
guarantors now challenge the trial court’s granting of the special ap... More...
   $0 (10-27-2017 - OK)

Ted B. Lyon, III v. Building Galveston, Inc., D/B/A Building Solutions Galveston County Courthouse, Galveston, Texas

Ted B. Lyon, III, Lyon Properties & Custom Homes, LLC d/b/a Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solutions are appealing a final judgment rendered after a bifurcated trial. We reverse in part and affirm in part.
In February 2010, Ted B. Lyon, III (Lyon), on behalf of Lyon Construction Services, and Building Galveston, Inc., d/b/a Building Solu... More...
   $0 (10-14-2017 - )

Christopher Hall v. Germania Farm Mutual Insurance Association Potter County Courthouse - Amarillo, Texas

This appeal involves property insurance, damage to the insured’s property, the insurer’s attempt to adjust the claim, a dispute regarding the quantum of loss derived by the adjuster, a lawsuit filed by the insured against the insurer, an appraisal clause, the invocation of the appraisal clause by the insurer once suit was filed, an eventual appraisal, the purported tender of the appraised loss by ... More...   $0 (10-13-2017 - TX)

Michelle Trotter v. 7R Holdings, LLC; Luis A. Rubi Gonzalez; M/Y Olga Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether the District
Court properly exercised its power to dismiss a case pursuant
to the forum non conveniens doctrine when it dismissed
Appellant’s claims under the Jones Act, 46 U.S.C. § 30104
(2012), and general maritime laws for unseaworthiness,
negligence, and maintenance and cure. We shall affirm the
District Court in two steps... More...
   $0 (10-13-2017 - VI)

VALY v. County of Fresno

Three Laotian correctional officers, Va Ly, Travis Herr and Pao Yang, were
allegedly subjected to racial and national origin discrimination, harassment and
retaliation by their employer, the County of Fresno (County), and its employees. The
three filed suit against the County pursuant to the Fair Employment and Housing Act
(FEHA), Government Code section 12900 et seq., whil... More...
   $0 (10-13-2017 - CA)

Donna White v. Nancy A. Berryhill Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Donna White seeks reversal of the district court’s judgment upholding the
decision of an administrative law judge (ALJ) to deny her application for social
security disability benefits.1 We have jurisdiction under 28 U.S.C. § 1291 and
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs wi... More...
   $0 (10-10-2017 - OK)

In re the Marriage of Minerva and Cesar Kalinawan, Minerva Kalinawan v, Cesar Kalinawan

Appellant Cesar Kalinawan challenges the trial court’s order dismissing Cesar’s
request for a finding of nullity of marriage in respondent Minerva Kalinawan’s action for
a dissolution of marriage. He contends that the court erred in granting Minerva’s in
limine motion and dismissing his request based on its conclusion that he was estopped
from challenging the validity of Minerva’s ... More...
   $0 (10-10-2017 - CA)

Quentin Scott v. City of Albuquerque Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...
   $0 (10-05-2017 - NM)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

State of California v. Continental Insurance Company

Deputy Attorney General; Law Offices of Roger W. Simpson and Roger W. Simpson for
Plaintiff and Respondent.
This is an action by the State of California (State) to recover from various insurers
the costs of cleaning up the Stringfellow hazardous waste site. It has been pending since
1993. It has been to this court three times and to the California Supreme Court twice. At
this p... More...
   $0 (10-02-2017 - CA)

City of Vallejo v. NCORP4, Inc.

The City of Vallejo (Vallejo or city) appeals from the denial of its request for a
preliminary injunction to enjoin the operation of a medical marijuana dispensary within
the city. The trial court concluded that the city’s ordinance conferring limited immunity
for the operation of such a dispensary conditioned on the prior payment of a business tax
imposes an unconstitutional ex po... More...
   $0 (10-01-2017 - CA)

John Rife v. One West Bank Federal Courthouse - Boston, Massachusetts

In 2015, John Rife filed an 8-count
complaint in state court against the servicers, holders, and
assignees of his mortgage loan which had been executed in 2006.
The pertinent defendants include: One West Bank, F.S.B.; Mortgage
Electronic Registration Systems, Inc. (MERS); Indy Mac Mortgage
Services; and Deutsche Bank National Trust Company, as
trustee/master servicer. The m... More...
   $0 (09-29-2017 - MA)

Janell Howard v. City of Coos Bay Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha... More...
   $0 (09-29-2017 - OR)

Vallejo Police Officers Association v. City of Vallejo

The Vallejo Police Officers Association (VPOA) petitioned the superior court for
a writ of mandate alleging that the City of Vallejo (City) engaged in bad-faith bargaining
in violation of state law and then unilaterally imposed contract terms that impaired
VPOA members’ vested rights to retiree medical benefits that covered insurance
premiums up to the full cost of a Kaiser health ... More...
   $0 (09-24-2017 - CA)

F.E.V., a Minor, etc. v. City of Anaheim

The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

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