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Real Estate Law
 
United States v. Ashburn

On January 4, 2015, Defendants were charged in a Fifth Superseding Indictment (the "Indictment") with racketeering, racketeering conspiracy, and several related crimes. (Dkt. 271.) The Indictment charged Defendants, as members of an association-in-fact enterprise, the Six Tre Outlaw Gangsta Disciples Folk Nation ("Six Tre" or "Folk Nation"), with conducting and aspiring to conduct the affairs of t... More...   $0 (12-02-2015 - NY)

United States v. Gonzalez

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...   $0 (12-02-2015 - NM)

In the Matter of Terrie Harman and Thomas McCarron

The petitioner, Terrie Harman, appeals an order of the Circuit Court (Carbon, J.) denying the request filed by her and the respondent, Thomas McCarron, to vacate their decree of divorce. We affirm.
The parties were married in 1989. In July 2014, they were granted an uncontested decree of divorce on the ground of irreconcilable differences that caused the irremediable breakdown of the mar... More...
   $0 (12-02-2015 - NH)

Commonwealth v. Tejeda

We recite the facts in the light most favorable to the Commonwealth, reserving certain details for our
analysis of the issues raised on appeal. On January 14, 2012, the defendant and two friends, Christopher Pichardo and Stephane Etienne, met with Frederick Reynoso, who was to sell them one half pound of marijuana for $2,200. Together, they traveled in a vehicle the defendant had borrowed f... More...
   $0 (12-02-2015 - MA)

People v. Strickland

In May 2013, defendant entered into a nonnegotiated plea of guilty to unlawful delivery
of a controlled substance (720 ILCS 570/401(d)(i) (West 2012)). In August 2013, the court held
a sentencing hearing. Counsel for defendant asked that defendant be placed on Treatment
Alternatives for Safe Communities (TASC) probation. Alternatively, counsel said, "The Court
could give him... More...
   $0 (12-02-2015 - IL)

Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith

In December 2004, the plaintiff, Christopher Schmidt, inherited residential property. He allowed his cousin to live in the house and did not obtain insurance on the property. From 2007 to 2009 the plaintiff received multiple complaints about animals left on the property and odors emanating from the property. Plaintiff testified that in 2007, while his cousin was in jail, "two fire trucks, four ... More...   $0 (12-02-2015 - IN)

Pennaco Energy, Inc. v. Kd Company Llc, a Wyoming Close Limited Liability Company

The ranch lands at issue in these cases are located in the Powder River Basin in Sheridan County and Johnson County, Wyoming. During the 1990s, Pennaco acquired interests in oil and gas leases for the mineral estate underlying the ranch lands. Pennaco then made contracts with the surface owners, who were predecessors of KD and Hollcroft. In those contracts, the surface owners granted Pennaco th... More...   $0 (12-02-2015 - WY)

Fisher v. Ward

It is not disputed that Fisher, the fee owner of a residential property located in
Bishopville, Worcester County, fell into default on her mortgage payments to the lender,
Federal National Mortgage Association (Fannie Mae). The lender designated substitute
trustees, named above, and, upon the filing of foreclosure proceedings, in September, 2013,
the court signed appropriate order... More...
   $0 (12-02-2015 - MD)

Kimberly Lomastro v. Margaret Iacovelli, in her capacity as interim superintendent for the Town of Johnston et al.

This is the second time that these parties have come before us. While we present a brief
overview of the facts pertinent to this appeal, we refer the reader who seeks additional detail
regarding the facts and procedural history to our opinion in Lomastro v. Iacovelli, 56 A.3d 92
(R.I. 2012) (Lomastro I). In January of 2008, Lomastro was employed as a bus driver by Durham, a private... More...
   $0 (12-02-2015 - RI)

Donna Waldrup, Individually, and on Behalf of the Wrongful Death Beneficiaries of Mary Lindsey, Deceased v. Stephanie Eads, APRN, BC

When Lindsey died, she was a sixty-four-year-old patient at Grace Health and Rehabof Grenada.
She suffered from a condition that had left her paralyzed from the waist down.
She complained of constant pain and also struggled with constipation. According to her
daughter, Waldrup, an x-ray earlier that year had shown Lindsey “was full of poop.” Her son
Tracey Smith also testified ... More...
   $0 (12-01-2015 - MS)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate... More...
   $0 (12-01-2015 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and ... More...
   $0 (12-01-2015 - DE)

Metropolitan Property and Casualty Insurance Company v. Estate of Eric E. Benson et al.

[¶1] The Estate of Eric E. Benson appeals from a summary judgment
entered by the Superior Court (Cumberland County, Warren, J.) in favor of
Metropolitan Property and Casualty Insurance Company on Metropolitan’s
complaint seeking a declaratory judgment. On appeal, the Estate contends that the
Superior Court erred in concluding that an intentional loss exclusion in a
homeowner’s ... More...
   $0 (12-01-2015 - ME)

Janet Woods, individually and as Personal Representative of the Estate of Georg Woods v. St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D.

Tulsa, OK Janet Woods, individually and as Personal Representative of the Estate of Georg Woods sued St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D. on medical negligence theories claiming:

1.1 This is a civil action for damages in excess of one million dollars.
1.2 Venue is proper in Tulsa County, Oklahoma because all of th... More...
   $0 (12-01-2015 - OK)

Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (“Phoenix”) and Brad Boone (“Boone”), collectively (“Defendants”), Pla... More...
   $0 (11-30-2015 - OK)

United States of America v. William Donnelly Yotty

Los Angeles, CA - O.C. Man who Ran Two-Pronged Ponzi Scheme that Caused over $15 Million in Losses Sentenced to Nearly Five Years in Federal Prison

An Orange County man who operated a Ponzi scheme that bilked victims out of more than $15 million with false promises of large returns from investments in debt obligations and distressed real estate was sentenced today to 57 months in federal ... More...
   $0 (11-30-2015 - CA)

United States of America v. Dale Wiles

Philadelphia, PA - City Hall Officials In Allentown And Reading Plead Guilty In Public Corruption Case

Dale Wiles, 48, of Allentown, PA and Eron Lloyd, 35, of Reading, PA, both pleaded guilty to conspiracy charges, announced United States Attorney Zane David Memeger. At the time of their respective offenses and until earlier this month, Wiles and Lloyd were public officials in Allentown ... More...
   $0 (11-30-2015 - PA)

Alli-Balogun v. United States

It is held that the trial court is not bound by the Sentencing Commission's "special instruction" appended to section 1B1.10 of the Sentencing Guidelines ("guidelines"). See United States Sentencing Guidelines ("U.S.S.G.") § 1B1.10(e). The "special instruction" dictates that, in retroactively applying amendment 782, which reduces offense levels in the drug quantity

Page 4

tables ... More...
   $0 (11-30-2015 - NY)

CIOFFI v. GOOGLE, INC.

Alfonso Cioffi and The Estate of Allen Rozman (collectively “Appellants” or “Cioffi”) filed suit against Google, Inc. (“Appellee” or “Google”) on February 5, 2013 in the Eastern District of Texas alleging that the Google Chrome web browser (the “Accused Products”) infringed four reissue patents: U.S. Patent Nos. RE43,103 (the “’103 patent”); RE43,500 (the “’500 patent”); RE43,528 (the “’528 patent... More...   $0 (11-30-2015 - TX)

State v. McKinney

In these consolidated appeals, the Court considers whether the jury instructions were erroneous and, if so, whether that error requires a new trial. These consolidated appeals arise from an incident in which three armed men forced their way into the apartment in which Christopher Jones resided with his nieces, Tiara Parker and Lakesha Bella, and his nieces' friends, Shontae Lewis and Latanya Carte... More...   $0 (11-29-2015 - NJ)

State of Tennessee v. John Daniel Simmons

The Davidson County Grand Jury indicted the Defendant with two counts of sexual battery by an authority figure of K.L. that allegedly occurred between June 1 and June 30, 2011. Although six witnesses were listed on the indictment, the list did not include two key witnesses who were ultimately called by the State to testify at trial— Tony Pham and Daniel Burnell. On Monday morning, the first day o... More...   $0 (11-29-2015 - TN)

DALE GOETTSCH, KATHY GOETTSCH, MARGARET STEFFEN vs. THOMAS GOETTSCH, BRIAN GOETTSCH, CIRCLE G FARMS, INC., GOETTSCH FARMS

Petitioners Dale Goettsch, Kathy Goettsch, Margaret Steffen and Defendants Thomas
Goettsch and Brian Goettsch are shareholders of Circle G Farms, Inc., a closely-held Iowa farm
corporation. Defendants Tom Goettsch and Brian Goettsch, at all relevant times, have been
directors and officers of Circle G Farms, Inc. Paul Goettsch is no longer a shareholder but was
previously a dir... More...
   $0 (11-29-2015 - IA)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl... More...   $0 (11-28-2015 - TX)

Connolly v. State Of Florida

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc oral a... More...   $0 (11-28-2015 - FL)

State Of Nebraska v. Thayer

On July 31, 2014, the State filed a complaint in the county court, charging Thayer with one count of DUI, first offense, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010), a Class W misdemeanor. The State alleged that on July 2, Thayer operated a motor vehicle while under the influence of alcoholic liquor. Motion to Suppress. Thayer filed a motion to suppress on August 20, 2014, alleging ... More...   $0 (11-28-2015 - NE)

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