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Homeowners Association Law
 
Petrina Lewin and Trenton Lewin, Jr. v. Mission Bend No. 5 Homeowners Association, Inc.

Mission Bend No. 5 Homeowners Association, Inc. sued property owners Petrina and Trenton Lewin for unpaid annual assessments and other fees.1 After suit was filed, the Lewins made a payment to the Association. To seek the remaining balance it felt was owed on the Lewins’ account, the Association filed a
1 Petrina and Trenton Lewin are siblings. The property they own together was gifted to them... More...
   $0 (07-14-2017 - TX)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Santa Ana Police Officers Association v. City of Santa Ana

INTRODUCTION
Two City of Santa Ana Police officers (Doe Officer 1 and Doe Officer 2)
were the subjects of an internal affairs investigation based on their conduct during the
execution of a search warrant at a marijuana dispensary. The Santa Ana Police
Department initiated the investigation after video recordings of the officers were released
to the media. The video recordings w... More...
   $0 (07-10-2017 - )

UNITED STATES OF AMERICA - v. RANDALL MARTINEZ, a/k/a Randall, a/k/a Jose Rodriguez, a/k/a Jose Rodriguez-Saez, a/k/a Rando Martinez, a/k/a Randall Martinez-Espinal, HENRY FIORENTINO, JOSE TEJADA, and MARCOS RODRIGUEZ, a/k/a Markito UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

The present prosecutions arise out of a sprawling conspiracy in and around New York
City, spanning at least a decade, in which more than two dozen persons are alleged to have committed
1 more than 200 robberies of drug traffickers. One of the coconspirators' main stratagems was to
2 impersonate officers of the New York City Police Department ("NYPD") in order to stop or purport
3... More...
   $0 (07-08-2017 - NY)

Penn Virginia Oil & Gas GP, LLC and Penn Virginia Oil & Gas L.P. v. Alfredo De La Garza, Individually and as next friend for I. D. L. G. and K. D. L. G., minors, and John Paul Adame, Individually and A/N/F for C.A.A., J.P.A., Jr., and J.N.A. Harris County Courthouse - Houston, Texas

In this accelerated interlocutory appeal,1 Penn Virginia Oil & Gas GP, LLC (“Penn GP”) and Penn Virginia Oil & Gas LP (“Penn LP”) (collectively, “Penn Virginia”) appeal from the trial court’s order denying their motion to compel arbitration of personal injury claims asserted by Alfredo De La Garza.2
De La Garza was injured while working for his employer, Nabors Completion & Production Services... More...
   $0 (07-06-2017 - TX)

Joseph Petitpas v. Ford Motor Company

Plaintiffs Marline Petitpas1 and Joseph Petitpas sued Ford
Motor Company, Exxon Mobil Corporation, Rossmoor
Corporation,2 and others, alleging that exposure to asbestos
caused by these defendants resulted in Marline’s mesothelioma.
Motions for summary adjudication were granted before trial,
narrowing the claims against Exxon and Ford. During trial, the
court granted nonsuit... More...
   $0 (07-06-2017 - CA)

Brian Dunkley v. State of Tennessee Nashville man sentenced for plotting to kill wife

The murder-for-hire plot came to light when Herman Marshall told law enforcement that his brother-in-law, co-defendant Donte Chestnut, had approached him with an opportunity to make $10,000 for committing a murder. State v. Brian Dunkley, No. M2012-00548-CCA-R3-CD, 2014 WL 2902257, at *1 (Tenn. Crim. App. June 25, 2014) perm. app. denied (Tenn. Nov. 20, 2014). The victim of the murder was to be ... More...   $0 (07-05-2017 - TN)

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Company

This case involves a question of insurance coverage: When
has a building or part of a building “collapsed” if that term is left
undefined in an insurance policy? The gas station owner in this
case demanded that its insurance company pay up when the
fiberglass sheath of one of its underground gasoline storage tanks
split after resting on a rock for 16 years. On cross-motions for... More...
   $0 (07-05-2017 - CA)

Mattie Halley v. Honeywell International Inc., PPG Industries, Inc.

This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
4
New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing... More...
   $0 (07-03-2017 - NJ)

Clean Air Council, et al. v. E. Scott Pruitt

Petitioners, a group of environmental
organizations, challenge the Environmental Protection
Agency’s decision to stay implementation of portions of a final
rule concerning methane and other greenhouse gas emissions.
For the reasons set forth in this opinion, we conclude that EPA
lacked authority under the Clean Air Act to stay the rule, and
we therefore grant petitioners’ m... More...
   $0 (07-03-2017 - DC)

United States of America v. Brian Block Federal Courthouse - New York, New York

New York, NY - Former Chief Financial Officer Of American Realty Capital Partners (“ARCP”) Found Guilty After Trial Of Accounting Fraud

A federal jury today found Brian Block, the former chief financial officer of the publicly traded real estate investment trust (“REIT”) formerly known as American Realty Capital Partners (“ARCP”), guilty of inflating a key metric used to evaluate the fina... More...
   $0 (06-30-2017 - NY)

Victor Duarte v. Pacific Specialty Insurance Company

Not long after Victor Duarte bought an insurance policy from Pacific Specialty
Insurance Company (Pacific) to cover a rental property he owned, he was sued by his
tenants. When Pacific refused to defend him against the tenants’ claims, Duarte sued
Pacific, seeking, among other things, a declaration that Pacific was required to defend
him in the tenant suit. The trial court granted ... More...
   $0 (06-30-2017 - CA)

Allison Jacobs v. The Regents of the University of California

The question presented is whether disabled members under
the University of California Retirement Plan (UCRP) who receive
“Duty Disability Income” (DDI) are considered retired for
purposes of entitlement to a retired identification card and
concealed weapons endorsement pursuant to the Penal Code. We
conclude the answer is no. We therefore affirm the trial court’s
denial of ... More...
   $0 (06-29-2017 - CA)

Donald and Katrina Simmons v. City of Othello

Donald and Katrina Simmons appeal the summary judgment
dismissal of their lawsuit against the city of Othello, arising from the failure of a line
connecting their home to the city's main sewer line. Based on evidence that the failure
occurred in the portion of the line lying under a public alley traveled by heavy city
garbage trucks, the Simmonses contend they are entitled to a tri... More...
   $0 (06-27-2017 - WA)

United States of America v. Bruce Kevin Hawkins

Dallas, TX - Desoto Man Pleads Guilty For His Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Bruce Kevin Hawkins, 52, of Desoto, Texas, appeared in federal court on June 20, 2017 before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texa... More...
   $0 (06-26-2017 - TX)

Aristea Hupp v. Solera Oak Valley Greens Association

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea ... More...
   $0 (06-25-2017 - CA)

Natalie Plummer v. University of Houston

The University of Houston found two former students, Ryan McConnell and Natalie Plummer, to have violated the University’s sexual misconduct policy. After two unsuccessful administrative appeals, McConnell and Plummer were ultimately expelled. McConnell and Plummer then sued the University and two University officials, alleging that they were denied constitutional due process and were discriminate... More...   $0 (06-23-2017 - TX)

Jessee Soloman v. Bert Bell, et al.

This appeal raises the issue of whether the plan administrator for Defendants-
Appellants, the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player
Supplemental Disability Plan (collectively, the “Plan”), abused its discretion in denying a
certain type of disability benefits to Plaintiff-Appellee Jesse Solomon. After the plan
administrator determined that Solomon’s disabil... More...
   $0 (06-23-2017 - MD)

Aristea Hupp v. Solera Oak Valley Greens Association

Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea contends the tria... More...
   $0 (06-23-2017 - CA)

Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (... More...
   $0 (06-23-2017 - TX)

Herman Florez Jr. v. The State of Texas

Florez and his wife Jennifer moved in with her mother in August or
September 2014 while their new home was being built. While they lived with
Jennifer’s mother, they kept all of their jewelry in a safe in her mother’s house
because, according to Jennifer, it “[j]ust felt like a safe place to keep it because
[they] knew [they] were going to move.” Florez and Jennifer moved to ... More...
   $0 (06-23-2017 - TX)

Waymon Scott Hartwell and HHH Farms, LLC v. Lone Star, PCA Fanin County Courthouse - Bonham, Texas

and HHH Farms, LLC (HHH) (collectively Appellants), defaulted on the payment due on two of their loans from Lone Star, PCA (Lone Star), they sold cattle securing the loans without paying the proceeds to Lone Star. After learning of the cattle sales and that some of the proceeds were used to pay other creditors, Lone Star sued Appellants for breach of contract, breach of fiduciary duty, conversion,... More...   $0 (06-23-2017 - )

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora... More...
   $0 (06-23-2017 - tx)

United States of America v. David Marzano, Laura Blair and Janece Burke Federal Courthouse - Mobile, Alabama

Mobile, AL - Three Sentenced for Orchestrating a Nationwide Exchange Visitor Program Fraud Scheme

David Marzano of Zephyr Cove, Nevada, was sentenced to 26 months in federal prison. His prison sentence will be followed by 3 years of supervised release. Marzano was also ordered to pay restitution in the amount of $815,570.00. Marzano’s co-defendants, Laura Blair also of Zephyr Cove and ... More...
   $0 (06-22-2017 - AL)

Lam Kim Nguyen v. The State of Texas Sugar Land man pleads guilty to multiple felonies

On July 16, 2015, Detective Ng of the Sugar Land Police Department signed
an affidavit for a search warrant pertaining to a home located at 1826 Arcadia
Drive. In his affidavit, Detective Ng alleged that it was suspected that the premises
3

concealed “[m]arijuana, and [] evidence relative to the trafficking of narcotics,
which may consist of, but not limited to the ... More...
   $0 (06-22-2017 - TX)

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