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Intent Law
 
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)

Cynthia Robinson v. R.J. Reynolds Tobacco Compamy

Pensacola, FL - Cynthia Robinson, individually and on behalf of the Estate of Michael Johnson, Sr. sued R.J. Reynolds Tobacco Company on a products liability theory claiming that her husband was addicted to tobacco products manufactured and sold by the Defendant. She claimed that the cigarettes that her husband smoked were defective and unreasonably dangerous.

R.J. Reynolds denied that i... More...
   $23600000000 (07-20-2014 - FL)

United States of America v. Woodrow Rudolph Dixon, Jr., and Cornelius Bernard Wilson

ATLANTA, GA - Woodrow Rudolph Dixon, Jr., and Cornelius Bernard Wilson each have been sentenced to federal prison for planning to rob a drug stash house while dressed as police officers.

“These two planned to conduct home invasions while impersonating police officers,” said United States Attorney Sally Quillian Yates. “The safety of our citizens is a top priority for this office. ... More...
   $0 (07-18-2014 - GA)

Elaine Damianakis v. Philip Morris USA, Inc.

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi... More...   $0 (07-18-2014 - FL)

Brandon L. Gage v. State of Florida

Brandon Gage appeals his conviction and forty-year prison sentence for
battery and sexual battery. See §§ 784.03, 794.011, Fla. Stat. (2010). The trial court
improperly allowed the State to impeach Mr. Gage and his mother with a previously
- 2 -
undisclosed recorded statement without conducting a Richardson1 hearing to determine
whether a discovery violation occurred and, if ... More...
   $0 (07-18-2014 - FL)

County of Colusa v. Toby Douglas

We conclude that Welfare and Institutions Code section 14053.1—under which the State of California, rather than its counties, pays for ancillary outpatient services for Medi-Cal eligible patients ages 21 to 64 in an “institution for mental diseases” (IMD)—remains a valid law.1
In reaching this conclusion, we find that Welfare and Institutions Code section 14053.1’s presence in the Ca... More...
   $0 (07-18-2014 - CA)

Olive Lane Industrical Park, LLC v. County of San Diego

Olive Lane Industrial Park ("Olive Lane") owned real property that was taken by eminent domain. Within four years after the eminent domain order, Olive Lane acquired
2
another parcel of property.1 About five and one-half years after the eminent domain order, for purposes of calculating property taxes on its new property, Olive Lane filed a request with the San Diego County tax assessor (Co... More...
   $0 (07-18-2014 - CA)

State of Texas v. Harold Lewis, III

Houston, TX - The State of Texas charged Harold Lewis, III, age 23, with capital murder for the shooting death of Bellaire police officer Jimmie Norman and the shooting of innocent bystander Terry Taylor during a traffic stop on Christmas Eve 2012. Lewis' led police on a high speed chase before being stopped. Lewis had an outstanding warrant for marijuana possession and his .380 caliber was stole... More...   $0 (07-18-2014 - TX)

In the Matter of A.J.R.P.

A.J.R.P., a juvenile, appeals an order of adjudication and disposition in which A.J.R.P. was found to have engaged in delinquent conduct and was committed to the Texas Juvenile Justice Department. A.J.R.P. was charged with aggravated robbery and, in one issue on appeal, contends the evidence is legally insufficient to support the jury’s verdict. We affirm.
BACKGROUND
T.S., a high school ... More...
   $0 (07-18-2014 - TX)

B. L. M. v. J. H. M., III

B.L.M. (Beth) appeals the termination of her parental rights to P.M. and B.M., her
two daughters with J.H.M., III (Jack).1 After a two-day bench trial, the trial court found that Beth
had endangered her children and that termination of her parental rights was in their best interest. See
Tex. Fam. Code §§ 161.001(1)(D)-(E), (2) (termination of parental rights). On appeal, Beth
con... More...
   $0 (07-18-2014 - TX)

United States of America v. Francisco R. Legaspi

SAN FRANCISCO, CA – Francisco R. Legaspi pleaded guilty to failing to appear for his sentencing on Jan. 28, 1993, U.S. Attorney Melinda Haag and IRS-CI Special Agent in Charge José M. Martinez, announced.

According to the plea, Legaspi was indicted on August 19, 1992, on three counts of aiding and assisting in the presentation of false tax returns. He was released from custody with the... More...
   $0 (07-17-2014 - CA)

The People v. Brittany Kim Dowdell

Defendants Terrance Ray Lincoln and Brittany Kim Dowdell were tried before dual juries for offenses arising out of a robbery/carjacking/kidnapping incident in Sunnyvale. The jury trying Lincoln (the Lincoln jury) found him guilty on five counts as charged: Count One—kidnapping for ransom or extortion; Count Two—kidnapping during a carjacking; Count Three—carjacking; Count Four—kidnapping f... More...   $0 (07-17-2014 - CA)

Jorge Velasquez, Jr. v. The Superior Court of Los Angeles County and The People of the States of California

While riding his bicycle, Jorge Velasquez, Jr. collided with a pedestrian, seriously injuring her. He was charged with recklessly driving a “vehicle” under Vehicle Code section 23103.1 One section of the code, however, defines “vehicle” in a way that excludes bicycles. (§ 670.) Another section of the code subjects a bicyclist to “all the provisions applicable to the driver of a vehicle.... More...   $0 (07-17-2014 - CA)

The People v. Xeng Saetern

In a succession of cases beginning with Graham v. Florida (2010) 560 U.S. 48 [176 L.Ed.2d 825] (Graham), followed by Miller v. Alabama (2012) 567 U.S. ___ [183 L.Ed.2d 407] (Miller), and concluding with People v. Caballero (2012) 55 Cal.4th 262 (Caballero), the United States and California Supreme Courts explored the constitutional limits of government’s power to punish minors tried as adults. R... More...   $0 (07-17-2014 - CA)

Ilan Brand v. Hyundai Motor America, et al.

Ilan Brand appeals from the trial court’s entry of judgment in favor of defendants Hyundai Motor America and Allen Used Cars, LLC (dba Allen Hyundai; collectively hereafter Hyundai) after granting Hyundai’s nonsuit motion on Brand’s breach of implied warranty of merchantability lawsuit. (Civ. Code, § 1792; all subsequent statutory references are to this code unless noted.) Brand argues the ... More...   $0 (07-17-2014 - CA)

Monira Ulkarim v. Westfield, LLC

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p... More...   $0 (07-17-2014 - CA)

Mark Bernhard v. City of Aransas Pass, Texas

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
2
C.S.); and (3) the duty owed to him b... More...
   $0 (07-17-2014 - TX)

The People v. Brian Cole Fiore

Defendant Brian Fiore drove his friend, David Fields, from the Bay Area to Humboldt County so Fields could buy a large quantity of marijuana. Instead of buying the marijuana, Fields stole it at gunpoint, and Fiore drove him away in Fiore’s Jeep. A chase ensued, and multiple shots were fired at law-enforcement officers from the Jeep. The officers did not fire back. The pursuit ended when the Jeep... More...   $0 (07-16-2014 - CA)

The People v. Anthony S.

Anthony S. admitted an assault with a firearm, in which he and a co-defendant seriously wounded Melvin Houston, resulting in a hospital bill of over $400,000. The hospital has not attempted to collect from Houston, having determined that he was indigent and the debt was uncollectable. At a hearing to set restitution, a hospital representative testified that after a debt is written off as uncollect... More...   $0 (07-16-2014 - CA)

The Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga... More...   $0 (07-16-2014 - TX)

State of Louisiana v. John Spellman

New Orleans, LA - The State of Louisiana charged John Spellman, age 64, with first-degree vehicular negligent injury and unauthorized use of a motor vehicle for a May, 2010 incident in which the vehicle that he was driving was involved in a car wreck at Carrolton and Baudin in New Orleans.

See the Court's docket entries for this case:

06/30/2011 ... More...
   $0 (07-16-2014 - LA)

State of Louisiana v. Zachariah Lewis

New Orleans, LA - The State of Louisiana charged Zachariah Lewis, age 39, with possession of cocaine after being arrested with nine pieces of crack cocaine in a bag during an Algiers Point traffic stope in May of 2013.

Louisiana Revised Statute 40:967 provides:

§967. Prohibited acts--Schedule II, penalties

A. Manufacture; distribution. Except as authorized by this Pa... More...
   $0 (07-16-2014 - LA)

In the Estate of Aminta Perez-Muzza, Deceased

Veronica Peña appeals the trial court’s dismissal of her lawsuit contesting the will of Aminta Perez-Muzza. The trial court dismissed the contest: (1) because Veronica lacked standing to contest the will; and (2) to sanction Veronica for false statements she filed with the trial court and this court. Because we conclude that neither ground warranted dismissal, we reverse the judgment of the tri... More...   $0 (07-16-2014 - TX)

The People v. Reginald Bradford

In 1999 Reginald Bradford was convicted by a jury of three counts of second
degree burglary and four counts of petty theft with a prior. (Pen. Code, §§ 459, 666.)1
1 Further undesignated section references are to the Penal Code.
2
The offenses were based on incidents in which Bradford took merchandise from various
stores. The jury acquitted him of robbery. (§ 211.) The trial... More...
   $0 (07-15-2014 - CA)

Nancy F. Lee v. William B. Hanley

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to
represent her in certain civil litigation. After the litigation settled, Lee sought a refund of
unearned attorney fees and unused expert witness fees she had advanced to Attorney
Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and
terminated the services of Attorney Hanley. Attorney H... More...
   $0 (07-15-2014 - CA)

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