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Real Estate Law
 
United States of America v. Glenn Litton

Sacramento, CA - Nevada Man Pleads Guilty To Aggravated Identity Theft

Glenn Litton, 47, of Carson City, Nevada, pleaded guilty today to aggravated identity theft arising from false statements he made in an application for a United States Passport, United States Attorney Benjamin B. Wagner announced.

According to court documents, on November 19, 2014, Litton submitted an applicat... More...
   $0 (08-13-2015 - CA)

Heritage Bank v. Suzette Woodward

Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming
Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation
order is a final order of the Bankruptcy Court over which we have jurisdiction on
appeal. See 28 U.S.C. § 158(b). The Notice of Appeal and Statement of Election also
references an April 29, 2014 order denying the Debtor's Third Amende... More...
   $0 (08-13-2015 - NE)

James Johnson v. GlobalSantaFe Offshore Services, Inc.

James Johnson, a superintendent aboard a drilling rig, was shot and seriously injured by a Nigerian gunman who invaded the rig. He claims that the negligence of other rig hands caused his injury, and he seeks to hold GlobalSantaFe Offshore Services, Inc. (“GSF”) vicariously liable for the rig hands’ negligence under the general maritime law. The district court granted GSF’s motion for summary judg... More...   $0 (08-13-2015 - LA)

United States of America v. John T. Burns, III

Chicago, IL - Naperville Businessman Sentenced To Seven Years In Federal Prison For Defrauding Investors Of More Than $3 Million

A Naperville businessman who fraudulently coaxed his clients into investing millions of dollars in bogus Turkish bonds was sentenced to seven years in federal prison.

JOHN T. BURNS III persuaded a dozen clients of USA Retirement Management Services to i... More...
   $0 (08-13-2015 - IL)

John Fitzgerald Hanson v. William A. Sherrod

This appeal arises out of the murders of Jerald Thurman and Mary Bowles in
Tulsa, Oklahoma. At trial, a jury convicted defendant John Hanson for the murder
of Mary Bowles with malice aforethought and for the felony murder of Thurman.
At the penalty phase, the jury found three aggravating circumstances related to
Bowles’s murder. Upon the jury’s verdict, the trial court sentenced Ha... More...
   $0 (08-13-2015 - ON)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
2
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

Guardian Energy, LLC, Relator, vs. County of Waseca

In a proceeding before the Minnesota Tax Court, relator Guardian Energy, LLC,
challenged respondent Waseca County’s assessment of the value of its ethanol
production facility. In this appeal from the tax court’s order for judgment, Guardian
Energy argues that the tax court erred by (1) classifying 27 tanks1 used in the ethanol
production process as taxable real property and (2) ... More...
   $0 (08-13-2015 - MN)

KCP Hastings, LLC, Relator, vs. County of Dakota

Relator KCP Hastings, LLC (“KCP”), challenged respondent Dakota County’s
estimated assessment of the market value of its shopping mall for the assessment dates of
January 2, 2010, January 2, 2011, and January 2, 2012. After a 2-day trial, the tax court
adopted market valuations of the property that exceeded the County’s estimated
assessments. KCP asserts three grounds for err... More...
   $0 (08-13-2015 - MN)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy ... More...
   $0 (08-13-2015 - CA)

Kevin Nutt v. Osceola Therapy & Living Center

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...
   $0 (08-13-2015 - AR)

Wayne Kubisch v. Ron Neal

Wayne Kubsch appeals the denial
of his habeas corpus petition. After being convicted of
murdering his wife, her son, and her ex-husband, Kubsch
was sentenced to death. Kubsch’s three principal arguments
on appeal are that his conviction and sentence are unconstitutional
because (a) the Indiana trial court excluded evidence
of a witness’s exculpatory but hearsay statement to... More...
   $0 (08-12-2015 - IN)

American Freedom Defense v. King County

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement... More...
   $0 (08-12-2015 - WA)

William Needler v. Daniel Casamatta

William L. Needler and William L. Needler and Associates, Ltd. (collectively
“Needler”) appeal from an order of the bankruptcy court1 imposing sanctions against
Needler and a subsequent order denying Needler’s motion to reconsider. We have
jurisdiction over this appeal from entry of the bankruptcy court’s final order pursuant
to 28 U.S.C. § 158(b). For the reasons set forth below, ... More...
   $0 (08-12-2015 - MO)

United States of America v. Matthew Norman Simpson

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of impr... More...   $0 (08-12-2015 - TX)

Matthew J. Hart v. FCI Lender Services, Inc.

18 Matthew J. Hart sued FCI Lender Services, Inc. (“FCI”), his mortgage loan
19 servicer and a debt collector, seeking damages under the Fair Debt Collection
20 Practices Act (“FDCPA” or the “Act”), 15 U.S.C. § 1692 et seq., on behalf of
21 himself and others similarly situated. Hart asserts that FCI violated the Act by
22 sending him two written communications that failed to compl... More...
   $0 (08-12-2015 - NY)

State v. Azad Haji Abdullah

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...   $0 (08-12-2015 - ID)

Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n... More...   $0 (08-12-2015 - CA)

Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T... More...   $0 (08-12-2015 - CT)

Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker, A/K/A Patty Tucker

This appeal challenges summary judgment for claimants establishing title to and use of real property by adverse possession and by prescriptive easement. Finding no genuine issue of material fact, we affirm the trial court.
In June 2011, the appellant/plaintiff Celebration Worship Center ("the church") filed a complaint for declaratory judgment, seeking to determine the boundary line be... More...
   $0 (08-12-2015 - IN)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...   $0 (08-12-2015 - UT)

Robinson v. Paul Ray Taylor, M.D. et al.

Dr. Taylor began treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. Over the next three years, Dr. Taylor prescribed various pain medications to treat Mr. Robinson’s pain, including methadone, Lortab, and Demerol. Mr.
1 Dr. Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health car... More...
   $0 (08-12-2015 - UT)

United States of America v. Rafael Perez

Boise, ID - Third Defendant Pleads Guilty to Wire Fraud and Possession of Counterfeit Credit Cards

Rafael Perez, 31, of Guaymas, Mexico, pleaded guilty today in federal court to one count of wire fraud and one count of possession of fifteen or more counterfeit credit cards, U.S. Attorney Wendy J. Olson announced.

According to the plea agreement, Perez and his co-defendants, Javie... More...
   $0 (08-11-2015 - ID)

Jonathan Michael Castro v. County of Los Angeles

Los Angeles, CA - Ninth Circuit affirms judgment against jailers

In October 2009, Jonathan Castro was arrested for being
drunk in public. He was housed in a “sobering cell” at the
Los Angeles Sheriff’s West Hollywood Station where, a few
hours after his arrest, he was savagely attacked by another
intoxicated arrestee who had been placed in the cell with him.
The office... More...
   $0 (08-11-2015 - CA)

Nicole Burton v. Freescale Semiconductor, Inc., et

Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency. Beginning in 2009, Burton worked for Freescale as one such “temp” employee. In 2009 and 2010, Burton received generally positive-to-neutral performance reviews. In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the pl... More...   $0 (08-11-2015 - TX)

KEN SNOW and ALLENE SNOW v. WARREN POWER & MACHINERY, INC.

This matter presents an unusual issue dealing with the procedure for seeking
4 leave to amend a complaint to add parties as additional defendants. When the motion
5 for leave is filed before the statute of limitations has run, but the order granting leave
6 is filed after the statute has run, is the amended complaint time barred? Adopting a
7 new rule for this situation, we hold t... More...
   $0 (08-11-2015 - NM)

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