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Hotel Law
 
Erin Bates v. PC Cast aka Phyllis Cast

Erin Bates sued PC Cast aka Phyllis Cast, Kristin Cast and St. Martins Press on libel and slander theories claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. Defendant P.C. Cast, aka Phyllis Cast, (hereinafter “Defendant P.C. Cast”) is an individual and a resident of Tulsa County, Oklahoma

3. Defendant Kristin Cast is an individual and a resident of T... More...
   $0 (03-31-2013 - OK)

Conejo Wellness Center, Inc. v. City of Agoura Hills

Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).

In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou... More...
   $0 (03-29-2013 - CA)

The People v. Khristine Elaine Eroshevich

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern‟s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders... More...   $0 (03-28-2013 - CA)

Crystal Moses v. Mark Mele

Plaintiff-appellant Crystal Moses seeks damages for what she alleges was false arrest and malicious prosecution attributable to defendant-appellee Mark Mele. In a thoughtful opinion, the court below concluded that the defendant was protected by qualified immunity under federal law and official immunity under New Hampshire law. Moses v. Mele, No. 10-CV-253, 2012 WL 1416002, at *4 (D.N.H. Apr. 24, ... More...   $0 (03-27-2013 - NH)

Brady Carson v. Tulsa Sod and Mulch, Inc.

Brady Carson sued Tulsa Sod and Mulch, Inc. and James Moran claiming:

1. On or about June 10, 2009, Plaintiff Brady Carson, owner of Raindancer Irrigation, entered into a verbal contract with James Moran, principle of Tulsa Sod and Mulch in a joint venture for the sole purpose of performing work for Saunders Landscape Company at the Hard Rock Casino and Hotel in Catoosa Oklahoma for the g... More...
   $1 (03-23-2013 - OK)

Mastercraft Floor Covering, Inc. v. Charlotte Flooring, Inc.

Mastercraft Floor Covering, Inc. sued Charlotte Flooring, Inc. on a breach of contract theory claiming:

1. Mastercraft is an Oklahoma corporation with its principal place of business in Tulsa County, State of Oklahoma.

2. Defendant is a foreign corporation, and upon information and belief, its principal place of business is in Charlotte, North Carolina.

3. The claims ass... More...
   $0 (03-23-2013 - OK)

Kenna Beham v. Wal-Mart Stores East, L.P.

Kenna Beham sued Wal-Mart Stores East, L.P. on a negligence theory claiming:

1. That Plaintiff is a resident of Wichita, Kansas.

2. That the Defendant is a corporation doing business in the State of Oklahoma.

3. That venue and jurisdiction are proper in Tulsa County, Oklahoma.

4. That this Court has] urisdiction because the incident complained of herein occurred... More...
   $1 (03-22-2013 - OK)

The People v. Russell Mecano

A jury found defendant and appellant Russell Mecano, a police officer, guilty of solicitation of prostitution, sexual battery by restraint, sexual penetration by force or duress, and sexual penetration under threat by a public official. In the published portion of this opinion, we consider and reject Mecano‟s contention that because he never explicitly requested sex for money, there was insuffic... More...   $0 (03-22-2013 - CA)

Robert Sher v. Brisam Tulsa, LLC

Robert Sher sued Brisam Tulsa, LLC, Hilton Tulsa Southern Hills, Hilton Worldwide, Inc., Hilton, Inc., HLT Existing Franchise Holding, LLC, Zurich American Insurance Company, MCSAM Hotel Group, LLC, Parkard Companies, Packard Hospitality Group, LLC and Joshua Evans on negligence theories claiming;

1. That Plaintiff, Robert Sher, hereinafter referred to as “Plaintiff’, was a resident o... More...
   $0 (03-21-2013 - OK)

Mega Builders, Inc. v. American Door Products, Inc. d/b/a A.J. May, Inc.

Mega Builders, Inc. and Mega Texas Realty, Inc. contend, in a single issue on appeal, that the trial court erred in granting a traditional summary judgment and a no-evidence summary judgment in favor of American Door Products, Inc. d/b/a

2

A.J. May, Inc., Pearland Industries and Versatec (ADP) in this construction dispute. We reverse and remand.

Background

This appeal a... More...
   $0 (03-19-2013 - TX)

Jeffrey A. Wiest v. Thomas Lynch

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”). The District Court granted Tyco‟s Motion to Dismiss the federal whist... More...   $0 (03-19-2013 - PA)

Donna R. Wendler v. City of St. Augustine, Florida

Donna R. Wendler, Scott Wendler, and Wendler Properties III, Inc. (collectively, “the Wendlers”), brought this action against the City of St. Augustine under the Bert J. Harris, Jr., Private Property Rights Protection Act, section 70.001, Florida Statutes

2

(2010) (“Harris Act”).1 The trial court found the action was untimely and dismissed the complaint with prejudice. We rev... More...
   $0 (03-15-2013 - FL)

Sky River, LLC v. Kern County

This is an appeal by Kern County from the trial court‟s judgment, which rejected the decision of the Kern County Assessment Appeals Board (board) upholding the county tax assessor‟s increased valuation of plaintiffs‟ business property and the resulting increased property tax. The county contends the trial court applied the wrong standard in reviewing the administrative decision; it contends ... More...   $0 (03-15-2013 - CA)

Avi Ron v. Airtran Airways, Inc.

In this breach-of-contract case, a passenger with confirmed reservations on an overseas flight sued the airline after it told the passenger that the flight was canceled. The trial court granted the airline’s traditional motion for summary judgment, and the passenger appealed. Because the airline failed to conclusively establish its right to judgment as a matter of law on the grounds expressly pr... More...   $0 (03-12-2013 - TX)

United States of America v. Brian Douglas Jinks

The United States of America charged Brian Douglas Jinks with possession of child pornography in violation of 18 U.S. C. 2252. On June 23, 2012, security guards at the Hard Rock Hotel & Casino in Tulsa found a cell phone that contained child pornography. The Cherokee Nation Marshall Service notified Tulsa FBI agents. The resulting investigation resulted in Jinks being charged with a felony. The... More...   $0 (03-07-2013 - OK)

Reda A. Ginena, et al. v. Alaska Airlines Inc.

Five Egyptian businessmen and four women sued Captain Mike Swanigan and Alaska Airlines Inc. on defamation theories claiming that they were injured and/or harmed when the captain of the flight that they were on was diverted to Reno and they were taken off the plane bound for Las Vegas on September 29, 2003.

Alaskan Airlines claimed that the Plaintiffs interfered with the flight crew and ... More...
   $0 (03-06-2013 - NV)

The People v. Ryan Luke Powell

A felony information charged Ryan Luke Powell with one count of second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c) (further code references are to the Penal Code). Over Powell’s objection, the trial court instructed the jury on theft by false pretense as a lesser included offense of the charged crime of second degree robbery. The jury acquitted Powell of rob... More...   $0 (03-05-2013 - CA)

Dittmer Properties v. FDIC

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati... More...   $0 (02-28-2013 - MO)

Carbon Capital II v. Estate of James Wallace Tutt, III

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71”) and Carbon Capital II (“Carbon Capital”) (together with Hotel 71, “Appellants”) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tutt” or “the Estate,” as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we... More...   $0 (02-27-2013 - FL)

Mosell Equities, LLC v. Berryhill & Company, Inc.

This is an appeal out of Ada County from an order granting a judgment notwithstanding the verdict in a commercial lawsuit in which the jury found in favor of the defendant. We reverse the order and remand this case for consideration of the plaintiff’s motion for a new trial.

I.

Factual Background.

Glenn Mosell is a commercial real estate broker in investment sales and a land... More...
   $0 (02-22-2013 - ID)

Newport Operating Corp. v. Westgate Miami Beach, Ltd.

Newport Operating Corporation (“Newport”) appeals from the denial of a Florida Rule of Civil Procedure 1.540 motion seeking relief from an order granting prejudgment interest. We affirm.

The case between Westgate Miami Beach, Ltd. (“Westgate”), and Newport arises out of a series of commercial disputes involving timeshare agreements at the Newport Beachside Hotel in Sunny Isles. We... More...
   $0 (02-20-2013 - FL)

Mastercraft Floor Covering, Inc. v. Charlotte Flooring, Inc.

Mastercraft Floor Covering, Inc. sued Charlotte Flooring, Inc. on a breach of contract theory claiming:

1. Mastercraft is an Oklahoma corporation with its principal place of business in Tulsa County, State of Oklahoma.

2. Defendant is a foreign corporation, and upon information and belief, its principal place of business is in Charlotte, North Carolina.

3. The claims ass... More...
   $0 (02-16-2013 - OK)

Frazier Caudle v. District of Columbia

Appellees Frazier Caudle, Nikeith Goins, William James, Sholanda Miller and Donald Smalls (collectively, appellees) sued the District of Columbia (District), their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Title VII). During closing argument, their counsel made four inappropriate statements—the last three of which occurred after the ... More...   $0 (02-16-2013 - DC)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

Carris James v. Hyatt Regency Chicago

James has been an employee of Hyatt Regency Chicago (“Hyatt”) since 1985. In April 2007, James took a leave of absence due to an eye injury that occurred outside of work. James filed suit in 2009 claiming that Hyatt violated his rights under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., as well as the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et se... More...   $0 (02-13-2013 - IL)

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