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Mandamus Law
 
RICK POIRIER v. PROCESS EQUIPMENT CO. OF TIPP CITY

On June 8, 2016, Poirier filed a complaint against PECo for monetary
damages and equitable relief, based on PECo’s alleged breach of Poirier’s
manufacturer’s representative agreement. The complaint alleged four causes of action
against PECo: breach of contract; conversion of fees paid by Poirier’s clients; violation of
the statutory duty in R.C. 1335.11 when PECo failed to pay... More...
   $0 (05-20-2018 - OH)

Rodney Sanchez Lopez v. The State of Texas Texas Eighth District Court of Appeals

Lopez was charged with possession with intent to deliver heroin (four grams or more, but
less than 200 grams).1 A jury found him guilty and Lopez was sentenced to fifteen years’
imprisonment. Lopez appeals his conviction based on the trial court’s denial of his (1) motion for
continuance of the trial, and (2) motion to suppress.
The Stop
On July 19, 2013, Trooper John Da... More...
   $0 (05-17-2018 - TX)

Remigio A. Martinez III v. The State of Texas Fourth Court of Appeals

Appellant Remigio A. Martinez III was charged with the offense of arson of a habitation,
and the State sought a finding of habitual offender and an affirmative finding of deadly weapon.
Martinez pled nolo contendere to the offense as charged. The trial court sentenced Martinez to
confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal More...
   $0 (05-16-2018 - )

State of Ohio v. Michael Jividen

On October 26, 1990, appellant pleaded guilty to charges of aggravated
murder, aggravated robbery, aggravated burglary, grand theft of a motor vehicle, and
escape. The charges were contained in three separate case numbers. In case No. CR
199005104B, appellant pleaded guilty to aggravated murder and grand theft of a motor
vehicle. A nolle prosequi was entered at sentencing a... More...
   $0 (05-14-2018 - OH)

UNITED STATES OF AMERICA v. IOURI MIKHEL and UNITED STATES OF AMERICA v. JURIJUS KADAMOVAS

Defendants are foreign nationals under the Hostage Taking Act: Mikhel is Russian, and Kadamovas is Lithuanian. Both lived in Los Angeles, California, during the events underlying this case. Defendants were assisted at various times by coconspirators Petro Krylov, Ainar Altmanis, Aleksejus Markovskis, and Natalya Solovyeva. Altmanis, Markovskis, and Solovyeva all pleaded guilty and
UNITED STA... More...
   $0 (05-13-2018 - CA)

State of Tennessee v. Paul Flannigan Tennessee Court of Criminal Appeals

A Shelby County Criminal Court jury convicted the defendant of one count of attempted first degree murder, two counts of especially aggravated robbery, three counts of aggravated rape, and one count of aggravated burglary for his home invasion, robbery, and rape of the victims. State v. Paul Flannigan, No. W2001-00907-CCA-R3CD (Tenn. Crim. App., Jackson, Feb. 15, 2002), perm. app. denied (Tenn. S... More...   $0 (05-09-2018 - TN)

In re Gustavo Tijerina-Sandoval MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Relator Gustavo Tijerina-Sandoval filed a petition for writ of mandamus in the
above cause on May 3, 2018.2 Through this original proceeding, relator contends that the trial court lacked discretion to allow the State to exercise a peremptory challenge on
a juror after the juror had been accepted by both the State and relator. See TEX. CODE
CRIM. PROC. ANN. art. 35.13 (West, Westla... More...
   $0 (05-08-2018 - TX)

James Davis v. County of Fresno

James Davis was dismissed from his employment as a supervising
juvenile correctional officer based on findings of insubordination, discourteous treatment
of a subordinate, wrongfully assuming supervisorial duties over his wife despite several
admonitions to the contrary, exaggerating the hours he worked on multiple time cards,
and other misconduct. Davis’s administrative appeal of ... More...
   $0 (05-06-2018 - CA)

STATE OF MISSOURI ex rel. SHAYNE HEALEA v. THE HONORABLE FREDERICK P. TUCKER, Supreme Court of Missouri

Healea was arrested in October 2014 for allegedly backing his truck into a
restaurant’s outside wall, which resulted in four patrons sustaining injuries. He was
charged with four counts of second-degree assault and one count of leaving the scene of a
motor vehicle accident. Healea was taken to the police department, where he requested
to speak with his attorney privately. Th... More...
   $0 (05-03-2018 - MO)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

Arthur Ochoa v. County of Kern

Appellant Arthur Ochoa, formerly employed by the Kern County Sheriff’s Office
(KCSO) as a deputy sheriff, petitioned for a peremptory writ of mandate commanding
respondents County of Kern and Kern County Sheriff Donny Youngblood to set aside his
termination and other extraordinary relief to remedy a violation of the Public Safety
Officers Procedural Bill of Rights Act (Gov. Code, §... More...
   $0 (04-12-2018 - CA)

Matthew Squire v. County of Los Angeles

Appellants Matthew Squire (Squire) and Ernesto Masson
(Masson) (collectively appellants) appeal from the judgment
denying their petition for writ of mandate. They contend the
written reprimands they received from the Los Angeles County
Sheriff’s Department (Department) in September 2014, should be
rescinded because they did not receive notice of proposed
discipline within t... More...
   $0 (04-10-2018 - CA)

The Railroad Commission of Texas v. Polk Operating, LLC

Polk is licensed by the Commission to recycle nonhazardous oil and gas waste at a
facility in Karnes County, Texas. In late 2016, the Commission brought an enforcement proceeding
against Polk after Commission staff determined that Polk’s storage pits were inadequately lined and
over capacity.
During the course of the Commission proceedings, intervenor Evergreen
Underground Wat... More...
   $0 (04-02-2018 - TX)

Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

Covina Residents for Responsible Development v. City of Covina, City Ventures, Inc. Real Parties in Interest

In this CEQA1 action Covina Residents for Responsible
Development (CRRD) appeals from the trial court’s denial of its
petition for writ of mandate seeking to overturn the City of
Covina’s approval of a 68-unit, mixed-use, infill project2 located a
quarter-mile from the Covina Metrolink commuter rail station.
CRRD contends the project’s significant parking impacts required
t... More...
   $0 (03-22-2018 - CA)

Matthew C. McGlynn v. State of California

In this mandamus proceeding, six judges who were elected to the superior court in
mid-term elections in 2012, but who did not take office until January 7, 2013, maintain
they are entitled to benefits under the Judges’ Retirement System II (JRS II)1
as in effect
at the time they were elected, rather than at the time they assumed office. This is a matter
of considerable importanc... More...
   $0 (03-21-2018 - CA)

AO Alpha-Bank v. Oleg Nikolaevich Yakovlev

Plaintiff AO Alpha Bank (Alpha Bank) initiated this lawsuit pursuant to the
Uniform Foreign-Country Money Judgments Act (Recognition Act; Code Civ. Proc.,
§§ 1713–1725)1 to recognize a Russian judgment against defendant Oleg Nikolaevich
Yakovlev. Yakovlev moved for summary judgment, arguing the judgment could not be
recognized because (1) the Russian court lacked personal jurisdict... More...
   $0 (03-12-2018 - CA)

Mark A. Brown v. California Unemployment Insurance Appeals Board

The question in this case is a narrow one, involving the correct rate of interest to
be applied after a court determines that unemployment benefits have been wrongfully
withheld by the Employment Development Department (EDD) and the California
Unemployment Insurance Appeals Board (Board). Appellant Mark Brown (Brown)
argues that interest should be charged at the contract rate of 10... More...
   $0 (03-01-2018 - CA)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Victoria G. Collins v. Commissioner of Social Security Northern District of Ohio Courthouse - Cleveland, Ohio

Victoria Collin brought suit against the Commissioner of
Social Security to recover moneys she says are “due and owing” as a result of the
Commissioner’s failure, for about a year, to garnish certain benefits paid to her ex-husband. The
district court dismissed the suit on grounds of sovereign immunity. We affirm.
>
No. 17-3733 Collin v. Comm’r of Soc. Sec. Page 2
Collin di... More...
   $0 (01-31-2018 - OH)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

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