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Mandamus Law
 
SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis

Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More...   $0 (11-05-2017 - TX)

Sierra Club v. State ex rel. Oklahoma Tax Commission Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The question presented is whether H.B. 14491 is a revenue bill and thus in violation of Article V, Section 33 of the Oklahoma Constitution. We answer in the affirmative.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 H.B. 1449 creates the Motor Fuels Tax Fee for electric-drive and hybrid-drive vehicles, of $100 and $30 per year respectively, and directs that the money from the fees be d... More...
   $0 (10-24-2017 - OK)

Protect Telegraph Hill v. City and County of San Francisco

The City and County of San Francisco (the City) approved construction of a threeunit
condominium project proposed by real parties in interest Jeremy Ricks, Tracy
Kirkham and Joe Cooper on Telegraph Hill at 115 Telegraph Boulevard. Appellant
Protect Telegraph Hill argues that the approval was unlawful because an Environmental
Impact Report (EIR) for the project should have been prep... More...
   $0 (10-14-2017 - CA)

In re: Travelers Home and Marine Insurance Company Eighth Circuit Courthouse - St. Louis, Missouri

Greg Boss’s home in the Eastern District of Missouri suffered hail damage in
June 2014. Boss filed a property damage claim under the replacement cost
homeowners’ insurance policy issued by Travelers Home and Marine Insurance
Company. After Travelers paid Boss the “actual cash value” of the loss prior to repair
or replacement, Boss brought this putative class action in the Western D... More...
   $0 (10-08-2017 - MO)

Audrey Dick v. Colorado Housing Enterprises Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal is from an order denying a motion for a preliminary injunction to stop a foreclosure sale.1 We DISMISS the appeal as MOOT.
I. FACTUAL AND PROCEDURAL HISTORY
In 2014, Plaintiff Audrey Dick (“Plaintiff”) and her husband borrowed $100,000 from Colorado Housing Enterprises, L.L.C. and Community Resources and Housing Development Corporation (“Defendants”). The loan was... More...
   $0 (10-05-2017 - TX)

United States of America ex rel., Joshua Harman v. Trinity Industries, Inc.; Trinity Highway Products, LLC Fifth Circuit Court of Appeals - New Orleans, Louisiana

The trial in this case offers two narratives. One of a hardworking man
who, angered by failures of guardrails installed across the United States—with
sometimes devastating consequences—persuaded a Texas jury of a concealed
cause of those failures. The other of the inventive genius of professors at Texas
A&M’s Transportation Institute, who, over many years of study and testing,
... More...
   $0 (10-04-2017 - TX)

Premium Plastics Supply, Inc, Reginald Barham and Carol Barham v. Thomas Howell and Laura Howell Harris County Courthouse - Houston, Texas

This case involves a trial court proceeding to confirm an arbitration award in a commercial landlord-tenant dispute. Landlords Thomas and Laura Howell, appellees here, filed suit in the trial court to confirm an arbitration award in their favor against their former tenants, appellants Premium Plastics Supply, Inc. and
2
Reginald and Carol Barham. After the Howells moved for summary judgmen... More...
   $0 (10-02-2017 - TX)

Living Rivers Council v. State Water Resources Control Board

Appellant Living Rivers Council (Living Rivers) appeals from a judgment denying
its petition for writ of mandate to compel respondent the State Water Resources Control
Board (Board) to rescind its approval of a policy designed to maintain instream flows in
coastal streams north of San Francisco. Living Rivers alleges several violations of the
California Environmental Quality Act (C... More...
   $0 (09-29-2017 - CA)

San Bruno Committee For Economic Justice v. City of San Bruno, San Bruno Hotels, LLC

Plaintiffs San Bruno Committee for Economic Justice, Unite Here Local 2, Mary
Dowden, Leif Paulsen, Sheral Marshall, Beatriz Johnston, Kathleen Semenza, Lilibeth
Bonifacio, and Molly Gomez appeal from the order and judgment of the trial court
denying their petition for peremptory writ of mandate. Plaintiffs had unsuccessfully
sought to place a referendum on the ballot concerning a ... More...
   $0 (09-20-2017 - CA)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

The Highway 68 Coalition v. County of Monterey, Omni Resources, Real Party in Interest

This CEQA1 case arises from the proposal of respondent Omni Resources LLC
(Omni) to build a shopping center on Highway 68 in respondent Monterey County
(County). After preparing an environmental impact report (EIR) concerning the proposed
project and considering public comments, County’s Board of Supervisors approved the
project in 2012.

1 California Environmental Quality ... More...
   $0 (09-11-2017 - CA)

San Luis Rey Racing, Inc. v. California Horse racing Board

San Luis Rey Racing, Inc. (SLRR) appeals from a judgment denying its petition
for a writ of mandate asking the superior court to overturn certain orders of the California
2
Horse Racing Board (CHRB) regarding the management of a fund established and
governed by Business and Professions Code1 sections 19607 and 19607.1. The superior
court determined SLRR did not have standing b... More...
   $0 (09-07-2017 - CA)

iLife Technologies Inc v. Nintendo of America, Inc.

Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.
... More...
   $10100000 (09-02-2017 - TX)

Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e... More...
   $0 (08-30-2017 - WA)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of ... More...
   $0 (08-05-2017 - DC)

In the Interest of J.C.M., a Child

In numerous issues in appellate cause numbers 10-17-00079-CV and 10-17-00081-CV, appellants, Amy and Doug, challenge the trial court’s orders terminating their parental rights to their children, A.N.M. and J.C.M.1 Because we overrule all of Amy and Doug’s issues in both appeals, we affirm the judgments of the trial court.2
I. AMY AND DOUG’S MOTIONS TO DISMISS AND THE TRIAL COURT’S MONITORED-RE... More...
   $0 (08-02-2017 - TX)

In re Volkwagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

This appeal presents issues concerning State and local-government enforcement of
the Texas Clean Air Act (TCAA).1 Appellant, the State of Texas, and a number of Texas counties
filed the underlying TCAA-enforcement lawsuits in various counties across Texas against the
German automaker Volkswagen2 after Volkswagen admitted that it had installed emissions “defeat
devices” on certain o... More...
   $0 (08-01-2017 - TX)

Alwin Carl Lewis v. The Superior Court of Los Angeles County, Medical Board of California, Real Party in Interest

The Controlled Substance Utilization Review and Evaluation System
(CURES) is California‟s prescription drug monitoring program. By statute, every
prescription of a Schedule II, III, or IV controlled substance must be logged in
CURES, along with the patient‟s name, address, telephone number, gender, date of
birth, drug name, quantity, number of refills, and information a... More...
   $0 (07-25-2017 - CA)

STATE OF KANSAS v. MARC ANWAR WILLIAMS Aggravated Indecent Liberties/Child less than 14

As a young girl, S.G. frequently visited and stayed with her grandmother. Williams, S.G.'s father, also lived there. One day, when S.G. was14, her grandmother discovered a 16-year-old boy alone with S.G. in her bedroom. Grandmother told S.G.'s mother of the incident. Taking steps to address the situation, S.G.'s mother intended to take her to the doctor to see if S.G. had been sexually active. Whi... More...   $0 (07-12-2017 - KS)

Eric Drake v. Stephen Walker, et al.

In this opinion, we must decide two issues of first impression. First, we address whether the filing of a petition pursuant to Texas Rule of Civil Procedure 202 to “investigate” a “potential” health care liability claim triggers the requirement of a plaintiff to file an expert report pursuant to section 74.351(a) of the Texas Civil Practice and Remedies Code. See TEX. R. CIV. P. 202; TEX. CIV. PRA... More...   $0 (07-12-2017 - TX)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Stacey DeWayne Berry v. Hon. Terry H. McBride

Application For Extraordinary Relief

Date Code Description Count Party Amount
05-16-2017 PETF

PETITION FOR WRIT OF MANDAMUS

Document Unavailable (#1036966791 )

05-16-2017 TRAN

TRANSCRIPT BD VOL 3 PGS; COPY ONLY

05-16-2017 TRAN

TRANSCRIPT 1-11-16 PROCEEDINGS 75 PGS; COPY ONLY

05-16-2017 TRAN More...
   $0 (07-11-2017 - OK)

State of Oklahoma v. Shannon James Kepler

Tulsa, OK - Third Mistrial Declared in Trial of Former Policeman Charged with Murder

The State of Oklahoma charged Shannon James Kepler with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WITH... More...
   $0 (07-08-2017 - OK)

Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (... More...
   $0 (06-23-2017 - TX)

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