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Intent Law
 
Woody K. Lesikar v. Carolyn Ann Lesikar Moon

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special... More...   $0 (09-04-2014 - TX)

United States of America v. Gabriel Granado

DALLAS, TX — Three individuals who were involved in burglaries at two post offices in Dallas have been sentenced to lengthy federal prison sentences, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Gabriel Granado, 33, of Dallas, was sentenced by U.S. District Judge Jorge A. Solis to 96 months (eight years) in federal prison and ordered to pay $2,820 in rest... More...
   $0 (09-03-2014 - TX)

John Charles Alfrey v. The State of Texas

John Charles Alfrey was found guilty of deadly conduct and he was then sentenced, based on the jury’s findings, to serve a sentence of one year in jail. In his appeal, Alfrey challenges the sufficiency of the evidence and the trial court’s decision to admit evidence over his objection during the punishment phase of his trial that showed he was subject, at the time of his trial, to an order req... More...   $0 (09-03-2014 - TX)

Matthew Ryan Jerry Vanover v. The State of Texas

Matthew Ryan Jerry Vanover was convicted of indecency with a child by sexual contact1 and was sentenced to seven years’ imprisonment. Because (1) error in the court’s charge did not result in egregious harm, and (2) the evidence is legally sufficient to support the conviction, we affirm the judgment of the trial court.
I. Background
On a December evening in 2008, twelve-year-old Chloe ... More...
   $0 (09-03-2014 - TX)

State of Utah v. United States Environmental Protection Agency

The Clean Air Act required Utah to submit a proposed implementation plan to the
Environmental Protection Agency. Utah complied, but the EPA rejected parts of the
plan. The State of Utah and other aggrieved parties could obtain judicial review under 42
U.S.C. § 7607(b)(1) by filing a petition within 60 days. See Clean Air Act, 42 U.S.C.
§ 7607(b)(1) (2012).
3
The State of ... More...
   $0 (09-03-2014 - UT)

John S. Kao v. The University of San Francisco

Plaintiff John S. Kao sued the University of San Francisco (USF) for violations of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.) in connection with the events surrounding his termination as a professor at USF. He also asserted causes of ac... More...   $0 (09-02-2014 - CA)

The People v. Michael Guildford

Defendant Michael Guilford appeals from an order denying his petition to recall
his sentence under the Three Strikes Reform Act of 2012 (Pen. Code, §§ 667, 1170.12,
1170.126,1 Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012) (the Act)).
Although the Act contains some provisions affecting sentencing taking place after
its operative date, as relevant to this appeal, the A... More...
   $0 (09-02-2014 - CA)

State of Oklahoma v. Chauncy Jodonis Thomas

Tulsa criminal defense lawyer Michael Manning represented Chauncy Jodonis Thomas, who was charged by the State of Oklahoma with:

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE , in violation of 21 O.S. 1435
Date Of Offense: 11/07/2013

Party Name: Disposition Information:

WALLACE, KENDALL KE... More...
   $0 (09-02-2014 - OK)

Occidental Fire & Casualty Company v. Adam Soczynski

This is an insurance coverage dispute arising out of a fatal accident. The
district court determined a bobtail p 1 olicy issued to Hipp's Trucking, Inc., provided
coverage for damages arising out of a collision involving trucker Thomas Hipp's
semi-tractor and trailer. The district court also determined the bobtail policy provided
$1 million in coverage. We affirm.
I
On Marc... More...
   $0 (09-02-2014 - MN)

United States of America v. Ronnie Whisenton

Ronnie Whisenton pled guilty to one count of conspiracy to distribute
marijuana in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. The district court1
sentenced him to 60 months imprisonment. Whisenton appeals the district court’s
denial of his motion to suppress evidence. We affirm.
I.
We recite the facts as the district court found and stated them in its order
denying... More...
   $0 (09-02-2014 - MO)

Nick Coons v. Jacob L. Lew

Plaintiffs Nick Coons and Eric N. Novack brought a facial
constitutional challenge to two provisions of the Patient
Protection and Affordable Care Act, Pub. L. No. 111-148,
124 Stat. 119 (2010), as amended by Health Care and
Education Reconciliation Act of 2010, Pub. L. No. 111-152,
124 Stat. 1029 (“Affordable Care Act”): the individual
mandate, which requires that indi... More...
   $0 (09-02-2014 - AZ)

Willa Rosenbloom v. David E.I. Pyott

Allergan, a specialty pharmaceutical manufacturer,
produces Botox, a well-known cosmetic and therapeutic drug.
In 2010, faced with allegations that it had acted illegally in
marketing and labeling Botox, Allergan settled several qui
tam suits and pled guilty in a criminal case. Allergan
ultimately paid a total of $600 million in part for civil
settlements and in part as a c... More...
   $0 (09-02-2014 - CA)

Boris Y. Levitt v. Yelp! Inc.

Today, individuals can share their opinions with the entire
world courtesy of a few taps on the keyboard. The appellee
in this case, Yelp! Inc. (“Yelp”), provides an online forum on
which its users express opinions as to services ranging from
dog walkers to taco trucks.
The appellees, Boris Levitt, Cats and Dogs Animal
Hospital, Inc. (“Cats and Dogs”), John Mercurio... More...
   $0 (09-02-2014 - CA)

Elkhorn Midstream, LLC v. Mid-Contient Casualty Company, Colony Insurance Company and Vaughan Insurance Group, LLC

Elkhorn Midstream, LLC v. Mid-Contient Casualty Company, Colony Insurance Company and Vaughan Insurance Group, LLC

1. Elkhom is a limited liability company organized under the laws of the State of Oklahoma. Mid-Continent is a corporation organized under the laws of the State of Ohio with its principal place of business in the State of Oklahoma. Vaughan is a limited liability company organ... More...
   $0 (08-29-2014 - OK)

RK Properties I, LLC v. 5 Star Collision & Mechanical, Mark Sweet and Marlo Sweet

RK Properties I, LLC v. 5 Star Collision & Mechanical, Mark Sweet and Marlo Sweet

1. Plaintiff, RK Properties I, LLC (“RK Properties”), is an Oklahoma limited liability company with its principal place of business in Tulsa, Oklahoma.
2. Defendant 5 Star Collision & Mechanical (“5 Star”) is a sole proprietorship owned and controlled by Mark and Mario Sweet. 5 Star operated a bu... More...
   $141004 (08-29-2014 - OK)

Cecil Blaine Ralphs v. The Honorable Clark A. McClellan

¶1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was... More...   $0 (08-29-2014 - UT)

Alberto Daniel Saucedo Suarez v. City of Corona

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court's award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038 (section 1038). (Undesignated statutory references are to this code.) Appe... More...   $0 (08-29-2014 - CA)

In re the Marriage of Joy and William Evans

This appeal presents a question of first impression about the Family Code provisions that require spouses who are dissolving their marriage to exchange declarations of disclosure of assets and liabilities.1 Specifically, is a property settlement
1 Declarations of disclosure (disclosure declarations) are governed by Family Code sections 2100 through 2113, which sections comprise chapter 9 of pa... More...
   $0 (08-29-2014 - CA)

Betty Douglas v. Fidelity National Insurance Company

In this insurance bad faith case, plaintiffs Betty and Jerry Douglas and defendant Fidelity National Insurance Company (Fidelity) appeal from the judgment after jury trial. Judgment was entered in favor of plaintiffs and against Fidelity in the amount of $807,058.10, plus interest and costs of suit. Plaintiffs appeal the trial court’s decision to strike the jury’s $1.9 million punitive damages... More...   $0 (08-29-2014 - CA)

Dean Alexander v. FedEx Ground Package System, Inc.

As a central part of its business, FedEx Ground Package
System, Inc. (“FedEx”), contracts with drivers to deliver
packages to its customers. The drivers must wear FedEx
uniforms, drive FedEx-approved vehicles, and groom
themselves according to FedEx’s appearance standards.
FedEx tells its drivers what packages to deliver, on what
days, and at what times. Although driv... More...
   $0 (08-28-2014 - CA)

Frontier Development Group, LLC v. Louis Caravella and Yellowstone Do It Center, LLC

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...   $0 (08-28-2014 - ID)

United States of America v. William Roger Wilkinson

BOISE, ID - William Roger Wilkinson, 53, of Shoshone, Idaho, was indicted August 12, 2014, by a federal grand jury for two counts of sexual exploitation of children, one count of access with intent to view child pornography, and one count of transportation of child pornography in interstate commerce, U.S. Attorney Wendy J. Olson announced. He made his initial appearance on the charges today, where... More...   $0 (08-28-2014 - ID)

The People v. Ben Chandler, Jr.

Penal Code section 422, subdivision (a) prohibits ―willfully threaten[ing] to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement . . . is to be taken as a threat . . . which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person ... More...   $0 (08-28-2014 - CA)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

The People v. Leticia Garcia

Appellant Leticia Garcia was charged with sexually abusing a girl she babysat. At trial, the prosecutor attempted to show she is a lesbian. The prosecutor asserted during closing argument that her supposed attraction to other women gave her a motive to sexually abuse the victim. While disavowing the notion that all lesbians are child molesters, she nonetheless argued it was very telling that appel... More...   $0 (08-28-2014 - CA)

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