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Landlord and Tenant Law
 
San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

United States of America v. Evan "Red" Harris United States District Court for the District of Vermont

Burlington, VT - Vermont Man Sentenced to Over Twelve Years for Possession of Firearms and Conspiracy to Distribute Fentanyl, Heroin, and Cocaine Base

The Office of the United States Attorney for the District of Vermont announced that Evan “Red” Harris, 34, of Burlington, Vermont, was sentenced for possession of a firearm in furtherance of drug trafficking; and conspiracy to distribute fe... More...
   $0 (02-12-2018 - VT)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,... More...
   $0 (02-06-2018 - MI)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Ernesto Luevano v. The Industrial Commission of Arizona, Elpidio Vega Rangel

¶1 This is a special action review of an Industrial Commission of
Arizona (“ICA”) award and decision upon administrative review finding
Claimant’s injury to be work-related, and thus, a compensable claim. Two
issues are presented on appeal: (1) whether the respondent employee’s
(“Claimant”) injury arose out of and in the course of his employment; and
(2) whether the administrat... More...
   $0 (01-30-2018 - AZ)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

Clint Richardson v. State of Indiana Indiana Court of Appeals

On the night of July 28, 2016, Alina Pawchareune was asleep at her rented
house in Indianapolis. She was in a bedroom on the house’s second floor.
When Pawchareune woke up to go to the bathroom, she noted that the light
was on in the hallway, which was unusual. She further noticed a box had been
moved from her bedroom to the hallway. Next, she saw that the door to the
... More...
   $0 (01-21-2018 - IN)

United States of America v. Donald Clifton Allen, Jr. Sixth Circuit Court of Appeals for the Sixth Circuit

Defendant Donald Clifton Allen, Jr., a self-proclaimed reality TV
star, thought that his television show about his life was going to make him rich. Instead, Allen
was convicted by a jury for prostitution and child pornography offenses and sentenced to 300
months in prison. He now challenges the denial of his motion to suppress evidence found during
the search of an apartment where ... More...
   $0 (01-05-2018 - MI)

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

STATE OF NEW JERSEY v. AKEEM BOONE

In this appeal, we consider whether a warrant application
that did not include evidence as to why a specific apartment
unit should be searched fell short of establishing probable
cause for the search of that apartment, in violation of the
Fourth Amendment of the United States Constitution and Article
I, Paragraph 7 of the New Jersey Constitution.
Defendant Akeem Boone... More...
   $0 (12-21-2017 - NJ)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

Optional Capital , Inc. v. Akin Gump Straus, Hauer and Feld, LLP

Optional Capital, Inc. (Optional or Plaintiff) sued
various entities and individuals, including DAS Corporation
(DAS) and its counsel—Akin Gump Straus Hauer & Feld
LLP (Akin) and Parker Shumaker Mills LLP, David Parker
and William Mills (collectively, Parker) (collectively with
Akin, Defendants)—for conversion and fraudulent transfer.
Plaintiff sought to recover from Defend... More...
   $0 (12-08-2017 - CA)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/O TORI HARVEY UKPAKA v. NICHOLAS D. PAYNE SUPREME COURT OF THE STATE OF OKLAHOMA

When describing an insurer's subrogation claim, we say that the subrogated insurer "steps into the shoes of the plaintiff."1 Here, the original plaintiff, Tori Ukpaka, brought a timely lawsuit against the Defendant/Appellee, Nicholas Payne, for injuries arising out of an automobile accident that happened in 2012. Ukpaka then voluntarily dismissed that lawsuit in 2015--after the statute of limitat... More...   $0 (12-06-2017 - OK)

UNITED STATES OF AMERICA v. MOHSIN RAZA UNITED STATES OF AMERICA v. FARUKH IQBAL, UNITED STATES OF AMERICA v. MOHAMMAD ALI HAIDER UNITED STATES OF AMERICA v. HUMAIRA IQBAL United States Court of Appeals for the Fourth Circuit

On April 23, 2015, a federal grand jury in Alexandria, Virginia, returned a seven
count indictment against the defendants — who were former employees of SunTrust’s
Annandale branch.2 The indictment’s first count charged them with conspiracy to commit wire fraud affecting a financial institution, in contravention of 18 U.S.C. § 1349.3
Counts 2 through 7 made substantive allegations ... More...
   $0 (12-03-2017 - )

THE PEOPLE OF THE STATE OF NEW YORK v REECE Z. BREWER State of New York Supreme Court, Appellate Division Third Judicial Department

A taxi driver was assaulted and robbed by three passengers, who then ran into a residence in the City of Elmira, Chemung County. Police officers arriving at the scene heard voices and knocked on the door. Defendant answered and was detained after he shouted a warning to those inside. Another man and a woman tried to leave the residence through a back door and were also detained by police office... More...   $0 (12-03-2017 - NY)

Donna Dunn v. Tiffany Baker Missouri Court of Appeals Eastern District Courthouse - St. Louis, Missouri

Tiffiny Baker (Baker) appeals the judgment of the trial court on Donna Dunn's (Dunn) petition to recover unpaid rent and possession of a premises owned by Dunn. Baker argues that the lease at issue between Dunn and Baker was ambiguous and the trial court erred in granting relief to Dunn. We affirm.

Background

On March 2, 2016, Baker and Dunn entered into a commercial lease agreem... More...
   $0 (11-28-2017 - MO)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

Jana Lee Flanagan and Lucas Matthew Flanagan v. RBD San Antonio LP, Davidson Hotel Company LLC and G4S Bexar County Courthouse - San Antonio, Texas

Jana Lee and Lucas Matthew Flanagan appeal traditional and no-evidence summary judgments granted in favor of RBD San Antonio L.P., Davidson Hotel Company LLC, and G4S Secure Solutions (USA) Inc. in a premises liability case based on an alleged aggravated assault at a hotel. The Flanagans contend the trial court erred in granting the summary judgments and in sustaining objections to their summary j... More...   $0 (11-23-2017 - TX)

Jean Eckford Hardaway, Et al. v. Lou Eda Korth Stubbs Nixon, Et al. Karnes County Courthouse - Karnes City, Texas

This is an appeal from a summary judgment in favor of appellees (“the Korth heirs”) regarding ownership of 147.5 acres of real property in Karnes County. The Korth heirs moved for summary judgment, asserting among other things that they acquired ownership of the entire 147.5 acres through constructive ouster and ensuing adverse possession. The trial court granted the Korth heirs’ motion for summar... More...   $0 (11-23-2017 - TX)

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