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Hotel Law
United States of America v. Robert Joseph Moser v. $28,000.00 IN U.S. CURRENCY

Robert Moser prevailed against the federal government
in a civil asset forfeiture action and became entitled to an
award of attorney’s fees under the Civil Asset Forfeiture
Reform Act of 2000 (“CAFRA”), 28 U.S.C.
§ 2465(b)(1)(A). The district court’s fee award was
significantly less than Moser requested, and he now
appeals. Because the district court committed several
e... More...
   $0 (10-08-2015 - CA)

Anna Mae Cashin v. Marisela Bello

The Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to
61.12 permits the “owner of a building of three residential
units or less” to oust a tenant if the owner intends to
“personally occupy a unit.” N.J.S.A. 2A:18-61.1(l)(3). In this
appeal, the Court determines whether that provision can be
applied to remove a tenant from a two-story single-family house
built in a... More...
   $0 (10-07-2015 - NJ)

Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2... More...   $0 (10-04-2015 - KS)

United States of America v. Leo Grondin

Portland, ME - Biddeford Man Pleads Guilty to Interstate Transportation for Prostitution

Leo Grondin, 49, of Biddeford, Maine, pleaded guilty yesterday in U.S. District Court to transporting an individual in interstate commerce with the intent that she engage in prostitution.

Court records reveal that on July 15, 2015, Grondin drove a woman from southern Maine to Dover, New Hamps... More...
   $0 (10-04-2015 - ME)

Boston LLC v. Juarez

On February 26, 2014, plaintiff filed an unlawful detainer action based on defendant’s failure to perform covenants in the rental agreement, as described in an attached three-day notice. The notice listed three covenants that were violated, but plaintiff elected to proceed at trial on only one: defendant’s failure to obtain and pay for renter’s insurance, as required by paragraph 11 of the rental... More...   $0 (10-03-2015 - CA)

Kevin J. Witasick, Sr. v. Minnesota Mutual Life Insurance Company

A disability policy and a business overhead expense policy issued by Appellee Minnesota Life Insurance Company covered Appellant Kevin Witasick.1 Those policies were later acquired and administered by Appellee Standard Insurance Company. Witasick made claims against both policies, which were honored by the Appellees. A dispute arose, however, concerning the coverage of some of Witasick’s claimed b... More...   $0 (10-02-2015 - NJ)


Donny Hofer (Hofer) filed a workers’ compensation action against Redstone Feeders, L.L.C. (Redstone). The parties exchanged discovery and Redstone filed a motion for summary judgment. Finding no disputes of material fact, the circuit court granted the motion. The circuit court held that Hofer was a farm or agricultural laborer under SDCL 62-3-15(2), and thus exempt from workers’ compensation. ... More...   $0 (10-02-2015 - SD)

United States of America ex rel. Jeffrey D'Agostino v. Eva, Inc.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui
tam action and the antecedent denial of leave to further amend his
complaint. For obvious reasons, we consider the second challenge
first. That challenge rests in part on a novel interpretation of
the 2009 amendments to Rule 15 of the Federal Rules of Civil
Procedure. While we reject t... More...
   $0 (09-30-2015 - MA)

Inland Oversight Com. v. City of Ontario

In 2013, defendant and respondent, City of Ontario, with the consent of defendant and respondent, City of Rancho Cucamonga, established the Greater Ontario Tourism Marketing District (the GOTMD), pursuant to the Property and Business Improvement District Law of 1994 (the District Law). (Sts. & Hy. Code, §§ 36600-36671.) The GOTMD is comprised of all lodging businesses operating in the two citie... More...   $0 (09-30-2015 - CA)

Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through... More...
   $0 (09-25-2015 - TX)

Vita Planning & Landscape v. HKS Architects

HKS is an architecture firm and a Texas corporation. C.E. Mammoth LLC (Owner) planned to develop a luxury hotel in Mammoth Lakes (Project). Owner hired HKS to provide architectural services for the Project pursuant to an “Agreement Between Owner and Architect” (Prime Agreement). Among other things, the Prime Agreement contained a Texas forum selection clause providing: “[a]s a condition precede... More...   $0 (09-25-2015 - CA)

Nac Tex Hotel Co., Inc. v. Stephen Greak

Nac Tex Hotel Co., Inc. (Corporation) appeals a judgment awarding title and possession of certain real property and attorney’s fees to Stephen Greak, Dee Winston, and E & G Investments (collectively Partnership). For the reasons that follow, we modify the judgment to delete the award of attorney’s fees and affirm the judgment as modified.
In 1966, Arthur Temple and R.B. Thompson... More...
   $0 (09-23-2015 - TX)

Synchronized Constr. Servs. v. Prav Lodging

In this appeal we consider whether a general contractor, who has no pecuniary interest in the bond posted to release the real estate subject to a subcontractor's mechanic's lien, is a necessary party to a subcontractor's mechanic's lien enforcement action.

In 2008, Prav Lodging, L.L.C. ("Prav") acquired a parcel of real estate in Orange County, Virginia to build a hotel facility. Secure... More...
   $0 (09-20-2015 - VA)

United States of America v. Ken Sarna

Sacramento, CA - Defendant Sentenced In Case Involving Unregistered Securities

Ken Sarna, 50, of Vallejo, was sentenced by United States District Judge Troy L. Nunley to two years and six months in prison for one count of selling unregistered securities, United States Attorney Benjamin B. Wagner announced.

According to court documents, Sarna was the Director of Operations for Hea... More...
   $0 (09-20-2015 - CA)

Elouise Pepion Cobell v. Sally Jewell, Secretary of the Interior

This is the eleventh appeal to this court in nearly two decades of litigation arising out of the Department of the Interior’s misadministration of Native American trust accounts and an ensuing complex, nationwide litigation and settlement. As the case winds down, the class action representatives have appealed the district court’s denial of compensation for expenses incurred during the litigation a... More...   $0 (09-18-2015 - DC)

Land Baron Invs. v. Bonnie Springs Family LP

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s... More...
   $0 (09-17-2015 - NV)

Rickman v. Premera Blue Cross

Ericka Rickman served as director of Ucentris Insured Solutions from August
2004 until her termination in November 2009. Ucentris, a subsidiary ofPremera, is a
general insurance agency that sells a variety of health care insurance plans and risk
management products to individuals and businesses. Two distinct events transpired
relevant to Rickman's termination.
HIPAA Concer... More...
   $0 (09-17-2015 - WA)

Robert Hurtt v. International Services, Inc.

Plaintiff-Appellant, Robert Hurtt (“Hurtt”),
appeals the district court’s order granting summary judgment to Defendant-Appellee,
International Services, Inc. (“ISI”) on Hurtt’s claims of: (1) disability discrimination and failure
to accommodate under the Americans with Disabilities Act (“ADA”),1 42 U.S.C. § 12112(a);
(2) Michigan’s Persons with Disabilities Civil Rights Act (“PWDCR... More...
   $0 (09-16-2015 - )


Mr. Hibsman’s father, John H. Hibsman, Jr., died testate on June 22, 2008. The will divided his estate, which consisted primarily of two houses, located in Casper, Wyoming, as well as some personal property and stocks, equally amonghis four children. In December 2008, the will was admitted to probate and, consistent with the will, Mr. Hibsman was appointed personal representative of his father’s ... More...   $0 (09-15-2015 - WY)

Belizaire v. Furr

Summary judgment is granted where there
are no genuine issues of material fact, and the moving party is
entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c),
as amended, 436 Mass. 1404 (2002). "When reviewing a grant of
summary judgment we consider the pleadings, depositions, answers
to interrogatories, and responses to requests for admission
under Mass.R.C... More...
   $0 (09-12-2015 - MA)

In the Interest of S.D. and I.D., children

Appellant A.S.D. (Mother) appeals from the trial court’s termination of her parental relationships with S.D. and I.D., Daughter and Son, ages six and four respectively at the time of trial. Father B.D. does not appeal from the trial court’s termination of his rights. Mother does not challenge one of the grounds of termination on which the trial court based its judgment, but she does challenge
... More...
   $0 (09-10-2015 - TX)

United States of America v. Jason Shiao and Lynn Leung

Los Angeles, CA - Imposter Attorney, Two Others Charged in Marriage Fraud Scheme

Chinese Clients Allegedly Paid up to $50,000 for Sham ‘Green Card’ Marriages

A Santa Fe Springs man who posed as an attorney and his daughter were arrested this morning for allegedly orchestrating an elaborate immigration fraud scheme in which Chinese nationals paid tens of thousands of dollars to be... More...
   $0 (09-09-2015 - LA)

Commonwealth v. Camacho

In the early morning hours of January, 24, 2008,
Jeffrey Santiago was shot and killed at a night club in Chelsea.
Surveillance footage and multiple eyewitnesses identified the
defendant, Jesse Camacho, as the shooter. The defendant was
charged with murder in the first degree, unlawfully carrying a
firearm, assault and battery by means of a dangerous weapon, and ... More...
   $0 (09-08-2015 - MA)

Matter of TBA Global, LLC v Fidus Partners, LLC

Petitioner acquired a failing business pursuant to an asset purchase agreement that specifically excludes from the assets and liabilities being transferred to the buyer any "brokerage or finders' fees . . . or other similar payments" owed by the seller. The asset purchase agreement further specifically provides that the seller and the buyer will each bear its own "Transaction Costs," which are def... More...   $0 (09-08-2015 - NY)


We recounted the now-familiar backdrop of this litigation in Port of Seattle v. FERC, 499 F.3d 1016 (9th Cir. 2007), cert. denied sub nom. Puget Sound Energy, Inc. v. California, 558 U.S. 1136 (2010). We reviewed several challenges to
1 Eagles, Hotel California (Asylum 1976).
IDAHO POWER CO. V. FERC 5 FERC’s decision to deny refunds to wholesale buyers of electricity that purchased ene... More...
   $0 (09-07-2015 - CA)

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