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Hotel Law
Mindi M., individually and as next friend of S.M., a child v. The Flagship Hotel, Ltd, Flagship Hospitality, Inc., Individually and d/b/a Flagship Hotel

After considering the motion for rehearing, our judgment in this case remains unchanged; however, to address points raised in the motion, we withdraw our opinion from June 26, 2014, and issue this substitute opinion in its place. We deny the motion as moot.
Mindi M. sued the Flagship Hotel and a related entity (collectively, the “Hotel”) after her minor son, S.M., was sexually abused... More...
   $0 (07-24-2014 - TX)

Momentis U.S. Corporation v. Sheldon Weisfield and Wesley Bishop

In this accelerated appeal, Momentis U.S. Corporation appeals the trial court’s order
denying its motion to compel arbitration. Momentis contends the trial court abused its discretion
by denying its motion because Sheldon Weisfeld and Wesley Bishop entered into an agreement
and, under the terms of the agreement, agreed to arbitrate all disputes. Momentis also argues the
terms of ... More...
   $0 (07-23-2014 - TX)

Subodh Naik and Hema Naik v. Suhas Naik

Subodh Naik (Subodh) appeals the trial court’s judgment in favor of Suhas Naik (Suhas)
in this suit to recover the balance due on a note. In four issues, Subodh contends the trial court
erred by (1) entering judgment against him personally based on a nonrecourse note, (2) finding
the parties agreed to modify the note to remove the restriction regarding personal liability, (3)
ent... More...
   $0 (07-23-2014 - TX)

State of Oklahoma v. Brandon Alexander Brady

The State of Oklahoma charged Brandon Alexander Brady, a mildly retarded 22-year-old, with sexually assaulting two other retarded men in a hotel room in Tulsa in violation of 21 O.S. Section 1115 which provides:

Mutiple Amendments Enacted During the 2002 ... More...
   $0 (07-22-2014 - OK)

Richard Myers v. Hall Columbus Lender, LLC

Appellee Hall Columbus Lender, LLC (Lender) sued appellant Richard Myers for
breaching contracts in which Myers promised to defend Lender against certain claims. In
response to Lender’s motion for summary judgment, Myers argued as a matter of contract
interpretation that he was not in breach because his duty to defend had not been triggered. The
trial judge granted a partial summ... More...
   $0 (07-21-2014 - TX)

Rex Peterson v. La Costa Villas, L.L.C. et al

Rex Peterson appeals the no-evidence and traditional summary judgment granted in favor of La Costa Villas, L.L.C. and Westdale Asset Management, LTD. In three issues, Peterson contends the trial court erred by granting summary judgment because: (1) appellees maintained control of the premises, and thus owed a duty to Peterson; (2) the stairs were in violation of the applicable building code and ap... More...   $0 (07-15-2014 - TX)

Frederick M> Abrams v. Department of Public Safety, State of Connecticut

On appeal, Plaintiff‐Appellant Frederick M. Abrams (“Abrams”)
challenges a March 31, 2012 order of the United States District Court for the
District of Connecticut (Robert N. Chatigny, Judge) and a December 5, 2012 jury
verdict (Charles B. Kornmann, Judge). Abrams brought claims under 42 U.S.C.
§ 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.... More...
   $0 (07-14-2014 - NY)

The People v. Reynaldo Junion Eid

Defendants were charged with kidnapping for ransom, which is punishable by life in prison. The jury instead convicted each of them of two lesser included offenses — felony attempted extortion and misdemeanor false imprisonment — which resulted in a sentence of four and a half years in custody. The Court of Appeal held that each defendant could be convicted of only one lesser included offense a... More...   $0 (07-10-2014 - CA)

Bruce I. Schimmel v. Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah Clark, and Carol Severance

In this interlocutory appeal, appellees Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah
Clark, and Carol Severance (collectively, “the Buy-Out Owners”), sued Bruce Schimmel, an attorney hired by The Sands of Kahala Beach HOA, Inc. (“SOKB”), the homeowners’ association for the subdivision in which the Buy-Out Owners li... More...
   $0 (07-10-2014 - UT)

In the Interest of N.M.D, R.I.D., and G.T.D.

Skye Dicker appeals the trial court’s order modifying the amount of his child support payment. After finding that Dicker was intentionally underemployed, the trial court increased the child support payment. We affirm the trial court’s order.
Skye and Diana Dicker were divorced in 2008. The divorce decree named Diana as primary joint managing conservator of their three childr... More...
   $0 (07-09-2014 - TX)

Dione Pereira Lima v. Eric H. Holder, Jr.

"As we must account for every
idle word, so must we account for every idle silence." Benjamin
Franklin's words ring true for Petitioner Dione Pereira Lima, who
struggles mightily to take back his words in the proceedings below,
while simultaneously attempting to assert new claims of error. In
this challenge to a final removal order requiring him to return to
Brazil, Lima at... More...
   $0 (07-09-2014 - MA)

United States of America v. Gene Harris

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Dan Ashe, Director, U.S. Fish and Wildlife Service (FWS) announced that Gene Harris, 76, of Miami, pled guilty yesterday to the sale and purchase of, the offer of sale and purchase of, and the intent to sell and purchase horns of a black rhinoceros (Diceros bicornis) with a market value in excess of $35... More...   $0 (07-03-2014 - FL)

American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez

American Heritage Capital, LP sued Alan and Dinah Gonzalez for defamation and tortious interference with prospective business relationships. AHC nonsuited its claims against Dinah. The trial judge dismissed AHC’s claims against Alan based on Alan’s motion to dismiss under the Citizens Participation Act, Chapter 27 of the Texas Civil Practice and Remedies Code. The judge later awarded Alan atto... More...   $0 (07-01-2014 - TX)

United States of America v. Ehizele Aydo Seignious

We ordered briefing on several issues pertaining to the district court’s order that criminal defendant Ehizele Seignious (Seignious) pay $1,213,347 in restitution, pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. § 3663A. For reasons that follow, we affirm the district court’s order of restitution. We also affirm Seignious’ convictions and sentence in the face of the brie... More...   $0 (07-01-2014 - MD)

Department of Fair Employment & Housing v. Harvey Ottvich

The Department of Fair Employment and Housing (the Department) brought this action against defendant Harvey Ottovich1 alleging he engaged in housing discrimination. After Ottovich engaged in abusive discovery tactics, the trial court sanctioned him by striking his answer to the complaint and entering a default judgment. The trial court later vacated the default, but continued to treat the answer a... More...   $0 (06-30-2014 - CA)

United States of America v. Randy Lee Essary

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Kansas City, Mo., man who has been living in Thailand was sentenced in federal court today for fleeing the United States in 2007 to avoid paying child support.

Randy Lee Essary, 61, of Springfield, Mo., was sentenced by U.S. District Judge Brian C. Wimes to 21 months ... More...
   $0 (06-30-2014 - MO)

The People v. Alejandro Avila

A jury convicted defendant of kidnapping, committing two counts of lewd and lascivious acts on, and then murdering Samantha Runnion under the special circumstances of murder while kidnapping and murder while committing lewd and lascivious acts on a child under the age of 14. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(B) and (E), 207, 288, subd. (b).)1 After a penalty trial, the jury returned a ver... More...   $0 (06-30-2014 - CA)

Rodney Scott Merrihew v. Pacific Sunrise Hotels, d/b/a Holiday Inn and Suites North Oklahoma City

Rodney Scott Merrihew v. Pacific Sunrise Hotels, d/b/a Holiday Inn and Suites North Oklahoma City

Issue # 1.
Filed by: Merrihew, Rodney Scott
Filed Date: 07/19/2011
Party Name: Disposition Information:

Defendant: Pacific Sunrise Hotels, Inc.
Disposed: JUDGEMENT ENTERED, 06/27/2014. Judge.

COMES NOW the Plaint... More...
   $170000 (06-27-2014 - OK)

State of Utah v. Azlen Adieu Farquat Marchet

¶1 Azlen Adieu Farquat Marchet appeals from his conviction
of rape, a first degree felony.2 We affirm.
State v. Marchet
2. (...continued)
(Marchet I), 2009 UT App 262, 219 P.3d 75 (one count of rape); State
v. Marchet (Marchet II), 2012 UT App 197, 284 P.3d 668 (one count
of rape); State v. Marchet (Marchet III) 2012 UT App 267, 287 P.3d
490 (two counts of aggravated s... More...
   $0 (06-26-2014 - UT)

Danielle E. deBenedictis v. Karen A. Brady-Zell

Faced with the grim prospect of a crumbling marriage, Karen A. Brady-Zell (the debtor) engaged Danielle E. deBenedictis (the attorney) to act as her counsel. The debtor paid the attorney an up-front retainer of $25,000. After the representation ended, the attorney billed the debtor for additional fees and expenses of roughly $62,000. The debtor balked, and the attorney filed a state-court collecti... More...   $0 (06-25-2014 - MA)

Michael Verdugo v. Target Corporation

At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed to address a question of state law that is potentially determinative of an appeal now pending before that federal appellate court. (Cal. Rules of Court, rule 8.548.) The question, as reformulated and narrowed to conform to the facts of the pending appeal, is whether, under California law, t... More...   $0 (06-23-2014 - CA)

United States of America v. Phillip Amisano-Camillo

DALLAS, TX — A man who travelled from the Pacific-Northwest to Dallas to engage in sexual activity with a minor, was sentenced today in federal court in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Phillip Amisano-Camillo, 43, a resident of Canada, was sentenced to 300 months (25 years) in federal prison, to be followed by a 10-year term of superv... More...
   $0 (06-18-2014 - TX)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

Mark and Rhonda Lesher v. Shannon and Gerald Coyel and Val Varley

Following their criminal prosecution and acquittal for the aggravated sexual assault of Shannon Coyel, appellants Mark and Rhonda Lesher sued Shannon for malicious prosecution and also sued her, her husband Gerald Coyel, and prosecutor Val Varley for violations of title 42, sections 1983 and 1985 of the United States Code. Shannon, Gerald, and Varley each filed a motion for summary judgment, which... More...   $0 (06-16-2014 - TX)

Jerome Stenehjem v. Sury A. Sareen

A SLAPP suit is one in which the plaintiff ―seeks to chill or punish a party‘s exercise of constitutional rights to free speech and to petition the government for redress of grievances. [Citation.]‖ (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055.)1 The California Legislature in 1992 enacted Code of Civil Procedure section 425.16—the anti-SLAPP statute—under which SLAPP suits may be dispo... More...   $0 (06-13-2014 - CA)

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