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Homeowners Association Law
 
STATE OF IOWA vs. DERRICK JAMAAL MCELROY

The jury was instructed the State would have to prove the following elements of first-degree murder:
(1) On or about the 8th day of May, 2011, the Defendant shot Brandyn Preston; (2) Brandyn Preston died as a result of being shot; (3) The Defendant acted with malice aforethought; (4) The Defendant acted willfully, deliberately, premeditatedly and with a specific intent to kill a person.... More...
   $0 (03-23-2016 - IA)

Larry F. Mitchell v. State of Louisiana, Department of Transportation and Development, et al

At approximately 8:24 p.m, on the stormy evening of November 14,
2007, Larry Mitchell and a passenger traveled west on U.S. Highway 80
(West California Avenue) in the City of Ruston (“City”), Louisiana, when a
large pine tree fell across the roadway onto the front of Mitchell’s vehicle,
crushing the front windshield. The falling tree also caused a telephone pole
to fall. Mitc... More...
   $0 (03-23-2016 - LA)

United States of America v. Adel Afkarian and Atef Afkarian

San Diego, CA - Real Estate Brokers Imprisoned for Scheme to “Wash” Title to Million-Dollar San Diego Homes

Brothers and former San Diego real estate brokers Adel Afkarian and Atef Afkarian were sentenced to prison for their role in a fraudulent “debt elimination” scheme that purported to eliminate the mortgages on several million-dollar homes in San Diego.

U.S. District Judge Jo... More...
   $0 (03-22-2016 - CA)

Montana Cannabis et al. v. State Of Montana

This is the State’s second appeal from the First Judicial District Court’s
injunctions preventing implementation of certain provisions of the Act. Montana
Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161
(hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)—
which was established by voter initiative (I-148)—and replaced... More...
   $0 (03-21-2016 - MT)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assess... More...
   $0 (03-21-2016 - NM)

Larry Myers, et al. v. Crouse-Hinds, et al.: GE v. Mary R. Geyman, et al.: Owens-Illinois, Inc v. Mary R. Geyman, et al.

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new... More...   $0 (03-20-2016 - IN)

Woody v. Pembina County Annual Fair and Exhibition Association

Woody attended a fireworks display at the Pembina County Fair in Hamilton, N.D. The Fair is a non-profit and tax-exempt corporation under the laws of North Dakota and the federal Internal Revenue Code. The Fair offered a fireworks display to the public free of charge. Woody did not pay a fee for entry onto the fairgrounds or for any activity she engaged in at the fairgrounds. While looking for a s... More...   $0 (03-20-2016 - ND)

Dave Karow and Tiffany Karow v. Evenflo Company, Inc.

Redwood City, CA - Jury Awards Couple $8 Million in Wrongful Death Products Liability Case

David Karow and Tiffany Karow sued Evenflo Companu, Inc. and others on products liability and negligence theories claiming that their daughter, Abigail Karow, age 7 months, suffocated as a direct result of the design of the Evenflow mattress, which they claimed was defective and unreasonably dangero... More...
   $8000000 (03-20-2016 - )

Matthew Casanova a/k/a Matthew John Casanova v. The State of Texas

Appellant was indicted for the offense of continuous family violence2 for allegedly
committing two assaults against his wife, Naomi Casanova, during a period of twelve
months or less in duration.3 The State presented evidence at trial of two assaults
occurring on April 4, 2013, and July 6, 2013. During the charge conference, appellant
objected to the State’s proposed jury ins... More...
   $0 (03-18-2016 - TX)

State Of Nebraska v. Casterlinen

Casterline moved to Guide Rock, Nebraska, with his mother, Shelley Casterline (Shelley), who wanted to start a new life after she was released from prison. Shelley had maintained an “on again, off again” relationship with Ronald Jamilowski, the father of her twin daughters. Casterline lived with Shelley and Jamilowski for a few months, but then moved into the house next door, which was another pro... More...   $0 (03-18-2016 - NE)

IOWA INDIVIDUAL HEALTH BENEFIT REINSURANCE ASSOCIATION vs. STATE UNIVERSITY OF IOWA, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, and UNIVERSITY OF NORTHERN IOWA

This appeal involves two statutes addressing access to health insurance, specifically high-risk policies for individuals with preexisting medical conditions. An overview of this legislation provides context for the issues on appeal. In 1986, the legislature enacted Iowa Code chapter 514E, which created the Iowa Comprehensive Health Insurance Association (ICHIA). See 1986 Iowa Acts ch. 1156, § 2... More...   $0 (03-18-2016 - IA)

Charles Darryl Jenkins, Jr. v. State of Indiana

In August 2014, Jenkins, born on September 10, 1992, Andre Brown, and Tyler
Chandler stayed with Iesha Johnson in her apartment at 2314 Yeager Road.
The men seemed to stop talking or changed the subject whenever Johnson
entered the room, and she thought they probably did so because they were
talking about her. Johnson observed the men carrying a bag with a string that
th... More...
   $0 (03-14-2016 - IN)

BLACK HILLS EXCAVATING SERVICES, INC. v. RETAIL CONSTRUCTION SERVICES, INC. v. MITCHELL E. MORRIS

RCS hired BHE as a subcontractor for three projects: University
Center (University Project), LaCrosse Street Apartments (LaCrosse Project), and
Toyota of the Black Hills (Toyota Project). BHE and RCS executed virtually
identical subcontract agreements for the projects. All three subcontracts were the
subject of this lawsuit, but only issues relating to the LaCrosse and Toyota... More...
   $0 (03-14-2016 - SD)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...   $0 (03-13-2016 - DE)

Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.

Both Hammond and Griffith are voluntary members of the IHSAA. On
Saturday, February 7, 2015, the Hammond varsity boys’ basketball team played
the Griffith team at Griffith. A Hammond player fouled a Griffith player
during the game, which caused the Griffith player to slam into the padded wall
behind the basket and fall onto the floor.2 Thereafter, members of both teams
... More...
   $0 (03-11-2016 - IN)

United States of America v. Neal Paul Rusette and Billi Anne Morsette

Great Falls, MT - Plain Green Officials Sent to Prison

Former Chief Executive Officers for Plain Green, the Chippewa Cree Tribe’s internet lending business, were both sentenced today to several years in prison by U.S. District Judge Brian Morris in Great Falls. Neal Paul Rosette, 54, of Box Elder, who served as the lending corporation’s CEO from its origination until January of 2012, wa... More...
   $1488472 (03-08-2016 - MT)

State of Tennessee v. Marvin E. Potter, Jr.

The Defendant‟s convictions pertain to the January 31, 2012 killings of Billie Jean Hayworth and Billy Clay Payne in Johnson County.1 The lifeless bodies of Ms. Hayworth and Mr. Payne were found in the home they shared with their infant son and change of venue to Washington County. Both victims had been shot in the head, and Mr. Payne‟s neck had been cut. At the trial, the StateR... More...   $0 (03-08-2016 - TN)

ARK INITIATIVE, ET AL. v. THOMAS L. TIDWELL, CHIEF, U.S. FOREST SERVICE, ET AL.,

The U.S. Forest Service in the Department of Agriculture generally prohibits road building and timber cutting on its inventoried “roadless” national forest lands. Responding to a petition by the State of Colorado, in 2012 the Service promulgated a rule adopting State-specific standards for the designation and management of the inventoried roadless areas within Colorado’s borders. Special Areas;... More...   $0 (03-08-2016 - DC)

Georgia Pacific Corporation v. Cook Timber Company, Inc.

Cook Timber, a logging company based in Bay Springs, Mississippi, has been in
operation since 1983. Georgia Pacific is a national wood-processing company with several
facilities in Mississippi. In southeast Mississippi, Georgia Pacific operated the Leaf River
Group. This group consisted of five mills, including the Taylorsville Plywood Plant,
Taylorsville Chip Mill, Bay Springs S... More...
   $0 (03-08-2016 - AL)

State Of Maryland v. Hector Leonel Gutierrez & Edgar Perez-Lazaro

At approximately seven in the evening on August 9, 2012, Prince George’s
County Police executed a search warrant at apartment 102 located at 8018 14th Avenue
in Hyattsville. The apartment was small and compact and contained a single bath, a
galley-style kitchen and one bedroom, although the living room contained at least one
other bed. When police entered the apartment, they en... More...
   $0 (03-08-2016 - MD)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assessm... More...
   $0 (03-07-2016 - NM)

USA v. Joseph Hallford

Hallford left Alabama in his father’s car and drove overnight to the District of Columbia so that he could be on the Mall the next afternoon, November 5, 2013, for the “Million Mask March,” which turned out to be neither a march nor a million (Hallford estimated that about 100 people attended). The participants gathered in front of the White House wearing “Guy Fawkes” masks. Hallford, then 32 yea... More...   $0 (03-07-2016 - DC)

Kevin Osorio v. State of Florida*

First, Osorio claims that the trial court erred by ruling that testimony regarding conversations between Osorio and the State’s confidential informant, and among detectives and the informant, was inadmissible hearsay evidence. He argues that because the informant acted as an agent of the State, the informant’s statements were admissible as statements of a party-opponent under section 90.803(18)(d... More...   $0 (03-04-2016 - FL)

State of Maine v. Joshua R. Nisbet

On July 18, 2011, the State charged Nisbet by criminal complaint with
robbery (Class A), see 17-A M.R.S. § 651(1)(E), alleging that he committed the
crime at a convenience store in South Portland while brandishing a knife. Nisbet
was arrested two days later. After he was indicted in September 2011, the case
proceeded to a four-day jury trial in late April and early May 2014, ... More...
   $0 (03-03-2016 - ME)

Wisconsin Pharmacal Company, LLC v. Nebraska Cultures of California, Inc

We review a published decision of the court of appeals1 reversing an order of
the Ozaukee County Circuit Court2 that granted summary judgment
to The Netherlands Insurance Company (Netherlands) and Evanston
Insurance Company (Evanston). Our review centers on a coverage
dispute between the insurers and their respective insureds,
Jeneil Biotech, Inc. (Jeneil) and Nebraska C... More...
   $0 (03-01-2016 - WI)

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