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Real Estate Law
 
Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Mark Robbins v. Randy Becker, Sr.

St. Louis, MO - Eighth Circuit affirms District Court summary judgment in favor of Missouri Highway Patrol


Mark and Gail Robbins, the owners and operators of I-44 Truck Center and
Wrecker Service, LLC and I-44 Wrecker Service, LLC (collectively, the Robbinses),
appeal the district court’s adverse grant of summary 1 judgment to fourteen individual
officers and supervisors ... More...
   $0 (07-27-2015 - MO)

United States of America v. Michael Romano

Brooklyn, NY - Second Circuit affirms conspiracy convictions of two for mail and wire fraud

18 Defendants Michael Romano and William Kearney appeal from judgments of the
19 United States District Court for the Eastern District of New York entered by Sterling Johnson, Jr.,
20 Judge, following a jury trial before Joseph F. Bianco, Judge, convicting defendants of conspiracy to
21... More...
   $0 (07-27-2015 - NY)

COMMONWEALTH OF MASSACHUSETTS vs. SHAWN LESSIEUR

On March 17, 1994, Mark Jones was shot twice in
the head and died from his injuries. In April, 2006, Nolyn
Surprenant (Surprenant) implicated himself and the defendant in
the murder. Surprenant was indicted for murder two months
later. In March, 2007, Surprenant made an agreement with the
2
Commonwealth to testify against the defendant in exchange for a
recom... More...
   $0 (07-27-2015 - MA)

Hein v. Sott Homes

Sott is a general contractor based in Billings, Montana, and the sole owner of
Krude Kustoms, LLC, a metal fabricating and trucking firm. In 2001, Hein hired Sott to
construct a log homefor him. Sott completed the homethat same year.
¶4 Each winter following construction of the home, Hein noticed water damage
appearing in different areas of the home’s tongue and groove ceili... More...
   $0 (07-27-2015 - )

In the Interest of K.T. and R.D.T., Children

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationship ... More...
   $0 (07-27-2015 - TX)

In the Interest of J.M.W.

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationship ... More...
   $0 (07-27-2015 - TX)

Wilma Reynolds v. David Reynolds

Appellant Wilma Reynolds appeals from the trial court’s denial of her
petition for a bill of review seeking to set aside and re-litigate the community
property division contained in the decree of divorce ending her marriage to
appellee David Reynolds. Although Wilma raises two issues, we need only
address her second, in which she contends that the trial court abused its discretion<... More...
   $0 (07-27-2015 - TX)

United States of America v. Philip Barnard, Jr.

Alexandria, VA - Mclean Man Pleads Guilty to Gold Investment Fraud Scheme - Involved multiple investors and up to $1 million in investor deposits

On the third day of trial, after prosecutors had presented 10 witnesses and entered over 200 exhibits into evidence, Philip Barnard, Jr., 54, of McLean, Virginia, pleaded guilty yesterday to one count of wire fraud and three counts of money laun... More...
   $0 (07-27-2015 - VA)

Golba v. Dick's Sporting Goods

This class action was filed in May 2011 by Leslie Golba (Plaintiff), individually and on behalf of all others similarly situated, against Dick’s Sporting Goods, Inc. (Dick’s). The class action complaint alleged violations of the Song-Beverly Credit Card Act of 1971 (Civ. Code, § 1747 et seq.) (specifically, Civil Code section 1747.08), based on Dick’s alleged practice of requesting personal infor... More...   $0 (07-26-2015 - CA)

In re Facebook, Inc. IPO Derivative Litigation

Plaintiffs appeal from a judgment of the United States District Court for the
Southern District of New York (Sweet, J.) dismissing their putative shareholder
derivative actions brought against nominal defendant, Facebook, Inc., its
directors, and lead underwriters. When confronted with a difficult or novel
question of subject matter jurisdiction, a court may sometimes dismiss the c... More...
   $0 (07-26-2015 - )

STORMANS INC V. JOHN WIESMAN

The Commission regulates the practice of pharmacy in the state of Washington. Wash. Rev. Code § 18.64.001. A comprehensive regulatory scheme tasks the Commission to, among other duties, “[r]egulate the practice of pharmacy and enforce all laws placed under its jurisdiction”; “[e]stablish the qualifications for licensure of pharmacists or pharmacy interns”; conduct and manage disciplinary proceed... More...   $0 (07-25-2015 - WA)

United States of America v. Jeffrey Charles Zander

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of
wire fraud, one count of money laundering, and three counts of willful failure to file
federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered
to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his
fraud. On appeal, he challenges ... More...
   $0 (07-25-2015 - UT)

Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissioners’ amended report regarding the partition of the property and entered its final decree ... More...   $0 (07-24-2015 - TX)

Kaye I. Johnson v. Danny Lee Gravitt

Norman, OK - Kaye I. Johnson sued Danny Lee Gravitt seeking a declaratory judgment claiming:

I. At all relevant times, Plaintiff was a resident of Oklahoma City, Cleveland County, State of Okiahoma, and as of on or about May 1, 2006, Plaintiff has been a resident of Oklahoma City, Oklahoma County, State of Oklahoma, for reasons hereinafter set forth.
2. At all relevant times, Defendan... More...
   $0 (07-24-2015 - OK)

Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissioners’ amended report regarding the partition of the property and entered its final decree ... More...   $0 (07-24-2015 - TX)

United States of America v. Kevin Laney

Oakland, CA - Former Senior Project Manager And Subcontractor Convicted For Conspiring To Defraud Matrix Service Company

Yesterday, Kevin Laney, a former Senior Project Manager at Matrix Service Company, and Brian Federico, a former subcontractor of Matrix, were convicted of mail fraud conspiracy and mail fraud, announced United States Attorney Melinda Haag and Federal Bureau of Investiga... More...
   $0 (07-24-2015 - CA)

United States of America v. John Sampson

Brooklyn, NY - New York State Senator John Sampson Convicted Of Obstruction Of Justice And False Statements

Following four weeks of trial, a federal jury in Brooklyn, New York, returned guilty verdicts against New York State Senator John Sampson, for one count of obstruction of justice and two counts of making false statements to federal agents. Since 1997, Sampson has served in the New... More...
   $0 (07-24-2015 - NY)

United States v. Trey Boykin

Trey Michael Boykin was convicted of one count of kidnapping, in violation
of 18 U.S.C. § 1201, and one count of conspiracy to distribute marijuana, in violation
of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D), and 846. On appeal, Boykin argues that the
1The Honorable Patrick J. Schiltz, United States District Judge for the District
of Minnesota, sitting by designation.
superseding ind... More...
   $0 (07-24-2015 - IA)

Gary Tsirelman, M.D. v. Richard F. Daines, M.D.

Plaintiff Gary Tsirelman’s medical license was revoked in a
New York disciplinary proceeding. On appeal, he challenges New
York’s use of the preponderance‐of‐the‐evidence standard in such
proceedings as a violation of the Due Process Clause. Because we
hold that the Constitution does not require a higher standard of
3 No. 14‐2154‐cv
proof in fr... More...
   $0 (07-24-2015 - NY)

NICOLE B. VERRASTRO v. BAYHEALTH MEDICAL CENTER, INC

This is an action for medical negligence and wrongful death. Plaintiffs,
Nicole B. Verrastro, as Surviving Daughter of Bridget E. Verrastro, and
Christopher Giery as the Executor of the Estate of Bridget E. Verrastro
(collectively, “Plaintiffs”), sent a Notice of Intent to Investigate (“Notice of
Intent”) to various doctors and medical practices pursuant to Title 18, section <... More...
   $0 (07-24-2015 - )

JILLIAN COHEN BERGERON v. NEW YORK COMMUNITY BANK

The plaintiff, Jillian Cohen Bergeron, appeals an order of the Superior Court (Delker, J.) that: (1) lifted a preliminary injunction on the
2
foreclosure sale of her home by the defendant, New York Community Bank; and (2) dismissed her case. We affirm.
The trial court found, or the record supports, the following facts. On October 25, 2006, the plaintiff executed a promissor... More...
   $0 (07-24-2015 - )

Cain v. Jacox

In 1998, Danitra Cain gave birth to a daughter. Within a few months of the child's birth, the Kansas Department of Social and Rehabilitation Services (SRS) commenced this action in Riley County District Court. The court found that Kendyl Jacox was the child's father and ordered him to pay child support. Soon after, having finished his collegiate football career at Kansas State University, Jacox be... More...   $0 (07-24-2015 - KS)

Francie Willis v. BPMT, LLC

Appellee BPMT, LLC sued Urban Retreat of Houston, Inc. for damages pursuant to the breach of a lease agreement. Because Urban Retreat’s corporate privileges were forfeited for failure to pay franchise taxes, BPMT also sued appellant Francie Willis in her capacity as a corporate officer of the
2
company, seeking to hold her personally liable for part of the debt. See TEX. TAX CODE § 171.255... More...
   $0 (07-24-2015 - TX)

NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se... More...   $0 (07-24-2015 - NE)

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