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Homeowners Association Law
United States of America v. William Kiekow, et al. Fifth Circuit Court of Appeals - New Orleans, Louisiana

After a 14-day jury trial, a jury in the Eastern District of Texas convicted Defendants-Appellants William Edmund Kiekow (“Kiekow”), Felipe U. Uriarte (“Uriarte”), and Arthur James Pierre (“Pierre”) (collectively, “Appellants”) of conspiracy to distribute or possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846.1 On appeal, Appellants challenge venue and the sufficiency
2<... More...
   $0 (09-25-2017 - TX)

Super Starr International, LLC, Lance Peterson, and Red Starr, SPR de RL de CV v. Fresh Tex Produce, LLC, Individually and Derivatively on behalf of Tex Starr Distributing, LLC, and Kemal Mert Gumus

This appeal concerns an arbitration agreement. Appellants Lance Peterson and his two companies Super Starr International, LLC (the Importer) and Red Starr, SPR de
RL de CV (the Grower) grow papayas. Appellants collaborated with appellee Fresh Tex Produce, LLC (Fresh Tex) to distribute the papayas in the United States. Together, appellants and Fresh Tex formed a separate company for distr... More...
   $0 (09-24-2017 - TX)

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)

Stone Haynes, Jr. v. JP Morgan Chase Bank, N.A. and Pleasure Pier Homeowners Association Jefferson County Courthouse - Beaumont, Texas

This is an appeal by Appellant, Stone Haynes Jr. (Haynes or Appellant), from the trial court’s orders granting summary judgments to Appellees, JP Morgan Chase Bank, N.A. (Chase), and Pleasure Pier Homeowners Association (HOA) (collectively Appellees). Haynes filed a pro se “Application for Temporary Restraining Order and Original Petition for Declaratory Judgment” (Original Petition) on June 7, 20... More...   $0 (09-23-2017 - TX)

Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD El Paso County Courthouse - El Paso, Texas

Appellants, Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R & D International, appeal from a judgment awarding damages in the amount of $125,775 to Appellee, Alliance Riggers & Constructors, Ltd. (Alliance Riggers).1 We affirm.
Alliance Riggers has been in operation since 1978, and its business includes crane service as well as pre-cast... More...
   $0 (09-23-2017 - TX)

State of Oklahoma v. Jimmy Robert Weeks Rogers County Courthouse - Claremore, Oklahoma

Claremore, OK - Sex Offender Living Too Close To School Sentenced to Life In Prison

The State of Oklahoma charged Jimmy Robert Weeks, age 55, with;

Count # 1. Count as Filed: SEXV, FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION, in violation of 57 O.S. 581, ET SEQ., 57 O.S § 548 AND § 587
Date of Offense: 05/04/2016
Party Name Disposition Information
Weeks, Jimm... More...
   $0 (09-22-2017 - OK)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

Summerfield Community Association, Inc. v. Mariamma Kunnath Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Summerfield Community Association, Inc. sued Mariamma Kunnath seeking to enforce covenants, conditions and restriction in a deed.

Filed By: Summerfield Community Association, Inc
Filed Date: 11/16/2016
Party Name Disposition Information
Defendant: Kunnath, Mariamma Disposed: JUDGEMENT EN... More...
   $0 (09-19-2017 - OK)

Respect Life South San Francisco v. City of South San Francisco, Planned Parenthood Mar Monte, Inc, Real Party in Interest

The City of South San Francisco approved a conditional-use permit allowing an
office building to be converted to a medical clinic for use by Planned Parenthood Mar
Monte, Inc. (Planned Parenthood), the real party in interest. The City determined that its
consideration of the permit was categorically exempt from the California Environmental
Quality Act, Public Resources Code section... More...
   $0 (09-19-2017 - CA)

Melissa Mays v. City of Flint, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This case arises out of the drinking-water
crisis in Flint, Michigan. The Plaintiffs are residents of the City of Flint who represent
themselves and seek to represent a class of similarly situated individuals. They allege that they
have been harmed since April 2014 by the toxic condition of the Flint water supply. The
Plaintiffs filed suit against several City and State officials i... More...
   $0 (09-16-2017 - MI)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

Roff Arden and bobbi Arden v. Forsberg & Umlauf, P.S., et al.

This case involves claims of breaches of fiduciary duty and
legal malpractice against lawyers hired to defend insureds in a civil action where
the insurance company provided the defense.^ The insureds claim the lawyers
violated their professional responsibilities by failing to disclose a potential conflict
^ The Court of Appeals and the parties in their briefing characterized the i... More...
   $0 (09-14-2017 - WA)

Edward Tuffly, a/k/a Bud Tuffly v. U.S. Department of Homeland Security Ninth Circuit Court of Appeals - San Francisco, California

Edward “Bud” Tuffly, the treasurer of the National
Border Patrol Council, the union for Border Patrol agents,
seeks to compel, under the Freedom of Information Act, the
disclosure of the names of 149 non-citizens who were
released from detention pending a final determination
whether they will be removed—names that could be linked to
other personal information that has alrea... More...
   $0 (09-13-2017 - AZ)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. Ninth Circuit Court of Appeals - San Francisco, California

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were convicted of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); Barragan was also convicted of drug crimes. They appeal their convictions and sentences. Although we find a portion of the prosecutor’s closing argument improper, we conclude that prejudice has not been shown
UNITE... More...
   $0 (09-09-2017 - ca)

California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation

The California Correctional Peace Officers Association (the Association) brought
a grievance on behalf of correctional officer Sammie Gardner, alleging a violation of his
rights under the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) (38 U.S.C. §§ 4301 et seq.). The grievance proceeded through the four-step
process set forth in the memorandum of underst... More...
   $0 (09-09-2017 - CA)

Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. Ninth Circuit Court of Appeals - San Francisco, California

Winter recreation has become increasingly popular in the
Deschutes National Forest in Central Oregon, exacerbating
parking shortages and on-snow user conflicts between
motorized and non-motorized recreationalists. In 2012, the
National Forest Service approved the building of Kapka
Sno-Park, a parking lot primarily designed for motorized
recreationalists, and issued an Envir... More...
   $0 (09-08-2017 - OR)

Sara Myers, et al. v. Eric Schneiderman, et al. New York Court of Appeals Hall - Albany, New York

Plaintiffs ask us to declare a constitutional right to
"aid-in-dying," which they define (and we refer to herein) as the
right of a mentally competent and terminally ill person to obtain
a prescription for a lethal dosage of drugs from a physician, to
be taken at some point to cause death. Although New York has
long recognized a competent adult's right to forgo life-saving
... More...
   $0 (09-08-2017 - NY)

The People v. Michael Shane Washington

* Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of Part III. of the Discussion section.

Under the so-called Aranda/Bruton doctrine, a trial court
may generally not allow a jury in a joint criminal trial of a
defendant and codefendant to hear the unredacted confession of
the codefendant that also dir... More...
   $0 (09-08-2017 - CA)

Roger Lee v. William Driscoll United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Mary and Roger Lee sued Mathews Township, South Dakota, and three
members of the Township Board of Supervisors—William Driscoll, Greg Albrecht,
and William Albrecht (collectively, the individual defendants)—alleging claims
under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and
summary judgment, which the district court denied in part and granted in part. TheMore...
   $0 (09-07-2017 - SD)

David Martin v. Gonzaga University

David Martin sues his former employer, Gonzaga University, for
discharge in employment in violation of public policy and for a violation of a statute
allowing an employee access to his personnel file. We affirm a summary judgment
dismissal of the wrongful discharge claim. Martin fails to present evidence to support the
fourth element of the claim, that element being the absence of ... More...
   $0 (09-07-2017 - WA)

San Luis Rey Racing, Inc. v. California Horse racing Board

San Luis Rey Racing, Inc. (SLRR) appeals from a judgment denying its petition
for a writ of mandate asking the superior court to overturn certain orders of the California
Horse Racing Board (CHRB) regarding the management of a fund established and
governed by Business and Professions Code1 sections 19607 and 19607.1. The superior
court determined SLRR did not have standing b... More...
   $0 (09-07-2017 - CA)

United States of America v. Ryan Jones Federal Courthouse - Portland, Maine

Portland, ME - Former Union Officer Pleads Guilty to Embezzling over $280,000 in Union Funds

Ryan Jones, 34, of Bath, Maine pleaded guilty on September 6, 2017 to embezzling $280,865 from a union during a period when he served as an officer of that union.

According to court records, from 2009 until January 2017, the defendant was the Secretary-Treasurer of the International Assoc... More...
   $0 (09-06-2017 - ME)

United States of America v. James Grant King Federal Courthouse - Paducah, Kentucky

Paducha, KY - McCracken County, Kentucky Attorney Guilty Of Defrauding Clients Of Insurance Settlements -
Kept at least $550,000 in settlement amounts that should have gone to his clients.

A licensed Kentucky attorney pleaded guilty in United States District Court today, before Senior Judge Thomas B. Russell, to various charges including devising a scheme to defraud numerous clients ... More...
   $0 (09-06-2017 - KY)

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