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Homeowners Association Law
 
Johnny R. Johnson v. O'Malley Brothers Corporation

In this wage-claim case, defendant appeals the
trial court’s award of attorney fees under ORS 652.200(2)
and ORS 652.615. Plaintiff was a commercial truck driver
who sued defendant, his former employer, for failing to pay
wages that it owed plaintiff, and for withholding a small
sum from his paycheck, albeit with his consent. The trial
court transferred plaintiff’s case to ... More...
   $0 (06-01-2017 - OR)

United States of America v. Thomas Daly Federal Courthouse - Miami, Florida

Miami, FL - Florida Salesman Pleads Guilty to Evading Taxes on More Than $1.5 Million in Income

Diverted Income to Pay for Girlfriend’s Cosmetic Surgery, Jewelry and International Travel

A Fort Lauderdale, Florida resident pleaded guilty today to tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

A... More...
   $0 (06-01-2017 - FL)

Stephen Thene Sparks v. Tejinder Singh; Ted Laurnce

Stephen Thene Sparks, a Colorado inmate, appeals the district court’s grant of
summary judgment to physician assistants Tejinder Singh and Ted Laurence on his
claim that they violated his Eighth Amendment rights by failing to diagnose and treat
his diabetes. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district
court’s judgment.
- 2 -
I. BACKGROUND
A. D... More...
   $0 (05-31-2017 - CO)

City of Rollingwood, Texas v. Owen Brainard and Sally Brainard

This case arises from flooding on property belonging to Owen and Sally Brainard
that the City of Rollingwood allegedly caused. The Brainards sued the City for an intentional
constitutional taking. The City filed a plea to the jurisdiction, and the trial court denied the plea.
In its sole appellate issue, the City contends that the trial court erred in denying its plea to the
jurisd... More...
   $0 (05-31-2017 - TX)

Aurelio Duarte v. City of Lewisville, Texas

Aurelio Duarte together with his wife and two children challenge the constitutionality of a Lewisville, Texas, ordinance (“the Ordinance”) that restricts where certain individuals convicted of sex offenses may live within the city. Specifically, they allege that the Ordinance deprives both Duarte individually and the Duarte Family as a whole of procedural due process and violates Duarte’s constitu... More...   $0 (05-31-2017 - TX)

Sheila Elliott v. S&S Emergency Training Solutions, Inc. d/b/a Emergency Medical Training Services

Appellee S&S Emergency Training Solutions, Inc. d/b/a Emergency Medical Training Services (“EMTS”) sued appellant Sheila Elliott for breach of contract. Elliott moved to dismiss EMTS’s suit under the Texas Citizens Participation Act (“TCPA”). In a single issue, Elliott contends the trial court erred by denying her motion.
We reverse the trial court’s denial of the motion to dismiss. We remand ... More...
   $0 (05-31-2017 - TX)

STATE OF IOWA vs. EDDIE LAMONT VIRGIL Iowa Supreme Court

The jury could find the following facts from the evidence at trial. The defendant, Eddie Virgil, and the victim, N.J., age twenty-three, began a romantic relationship in late 2013 that included sexual intimacy. N.J. was an unemployed mother living in a house in Waterloo with her four children, none fathered by Virgil. Virgil assaulted N.J. in May 2014. N.J. broke off her relationship with Virg... More...   $0 (05-29-2017 - IA)

California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to ... More...
   $0 (05-27-2017 - CA)

Arsenio Cordova v. Jill Cline, et al.

This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens’ association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, §§ 22-7-1... More...
   $0 (05-26-2017 - NM)

STATE OF KANSAS v. ANONA TAYLER MYERS

The important facts are as follows. At around 1:15 a.m. on July 2, 2013, Corporal Ryan Sumner and Corporal Jim Harris of the Lenexa Police Department responded to a complaint that four individuals were trespassing inside a subdivision's community pool after hours. Harris was a K9 handler, and Speedy was his partner dog. Speedy was with Harris when he arrived at the swimming pool and stayed secured... More...   $0 (05-26-2017 - k)

Anita Arrington-Bey v. City of Beford Heights, Ohio, et al.

When Omar Arrington-Bey died in a Bedford Heights jail cell,
that was not an obvious consequence of his arrest for disturbing the peace at a Lowe’s store. The
question is whether bad luck, negligence by the relevant local law enforcement officials, or
deliberate indifference by them caused his death. In suing the officers involved in his arrest and
detention and the City, Omar’s mo... More...
   $0 (05-26-2017 - OH)

James W. Paulsen v. Ellen A. Yarrell

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. &
2
REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was impro... More...
   $0 (05-25-2017 - TX)

Benny Vance v. Mark C. Popkowski

This appeal arises from a dispute over the enforcement of deed restrictions. The purchasers of deed-restricted property in a residential subdivision began operating a business from a single-family residence located on the property.
2
Appellants Benny Vance and Pierre Metzener, who also own property in the
subdivision, claimed that the operation of the business violated the deed
res... More...
   $0 (05-25-2017 - TX)

International Refugee Assistance Project v. Donald J. Trump

The question for this Court, distilled to its essential form, is whether the
Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2,
120 (1866), remains “a law for rulers and people, equally in war and in peace.” And if
so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks
with vague words of national security, ... More...
   $0 (05-25-2017 - )

Randall Kevin Jones v. Officer S. Fransen, et al.

In history and literature, the name “Draco” has been associated with some notorious characters. Draco of ancient Greece is perhaps best known for the harsh legal code he composed, which inspired the word “draconian.” Antonios Loizides, Draco’s Law Code, ANCIENT HISTORY ENCYCLOPEDIA http://www.ancient.eu/ Dracos_Law_Code/ (last visited May 12, 2017). Draco Lucius Malfoy, of course, is Harry Potter’... More...   $0 (05-24-2017 - )

Laura Bartoni v. American Medical Response West

Current and former employees of an ambulance service company sued their
employer, alleging that its meal and rest period policies violate California law. Their
complaint alleges claims on behalf of a proposed class as well as non-class claims
concerning those same meal and rest period policies under Labor Code section 2698 et
seq., the Private Attorneys General Act of 2004 (PAGA).<... More...
   $0 (05-24-2017 - CA)

Wikimedia Foundation, et al. v. National Security Agency, et al.

The Wikimedia Foundation and eight other organizations appeal the dismissal of their complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency (the “NSA”). The district court, relying on the discussion of speculative injury from Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), held that the allegations in the complaint wer... More...   $0 (05-24-2017 - MD)

Sanjiv Goel, M.D., Inc. v. Regal Medical Group, Inc.

Appellant Sanjiv Goel, M.D., Inc.1 appeals from a judgment
following a court trial on his quantum meruit claim for fees for
emergency treatment rendered to four patients as an
interventional cardiologist. The trial court found that the fees
paid by Respondent Regal Medical Group, Inc. (Regal) for this
treatment reflected the reasonable value of the services that Goel
provid... More...
   $0 (05-24-2017 - CA)

In re Kathleen M. Grant v. John D. Grant

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec... More...
   $0 (05-23-2017 - WA)

United States of America v. William Rhodes, a/k/a "Billy Rhodes"

Roanoke, VA - Roanoke Man Sentenced on Child Pornography Charge

William Rhodes Used an Internet Program to Allow Others to Access Images of Child Pornography

A Roanoke man, who used a peer-to-peer file-sharing network that allowed others to access his images of hardcore child pornography, was sentenced today in the United States District Court for the Western District of Virginia... More...
   $0 (05-23-2017 - VA)

STATE OF LOUISIANA Vs. GLYNN HAWKINS AND ALEX LEWIS Pair found guilty of murder in 2013 death of Xavier pre-med student

On the afternoon of March 9, 2013, Bertrand Dezara was murdered in the
courtyard of an apartment building in eastern New Orleans. Shortly before or
around the time of the murder, the New Orleans Police Department was dispatched
to the scene after a 911 call had been made and an aggravated burglary had been
reported.

Two days later, on March 11, 2013, a shootout oc... More...
   $0 (05-21-2017 - LA)

STATE OF LOUISIANA V. CORLIOUS C. DYSON AKA CORLIOUS CORALL Opelousas Man Arrested In Alleged Murder On Hummingbird Lane

In the early morning of August 26, 2012, the victim, Clement Amos,
encountered Defendant, Corlious C. Dyson, standing outside a neighbor’s door.
When Mr. Amos questioned Defendant as to what he was doing, Defendant shot
the victim five times. Mr. Amos died as a result of the gunshot wounds.
Defendant was indicted for the August 26, 2012 second degree murder of
Clement Amos. A j... More...
   $0 (05-21-2017 - LA)

Ann E. Gillotti v. Eugene W. Stewart

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden... More...
   $0 (05-19-2017 - )

United States of America, ex rel. Andre Petras v. Simparel, Inc., et al.

Andre Petras appeals the District Court’s dismissal of
his reverse False Claims Act suit against his former employer,
Simparel, Inc.; David Roth, Simparel’s founder and Chief
Technology Officer; and Ron Grilli, Simparel’s Chief
Executive Officer (collectively, “the Simparel defendants”).2
Petras initially alleged a reverse FCA claim3 and
retaliation claim4 under the False C... More...
   $0 (05-18-2017 - NJ)

United States of America v. William James Davis Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Former CEO Of Community Action Of Minneapolis Sentenced To 48 Months In Prison For Conspiracy, Fraud And Theft Of Public Funds

William James Davis, 66, for stealing more than $380,000 from Community Action of Minneapolis. DAVIS, who pleaded guilty on June 16, 2016, to all 16 counts of the indictment, was sentenced today before U.S. District Judge Patrick J. Schiltz in U.... More...
   $0 (05-17-2017 - MN)

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