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Real Estate Law
Walker v. City of San Clemente

The Legislature passed the Act “‘in response to concerns among developers that local agencies were imposing development fees for purposes unrelated to development projects.’” (Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 864 (Ehrlich).) The Act creates uniform procedures for local agencies to follow in establishing, imposing, collecting, accounting for, and using development fees. (Cen... More...   $0 (08-29-2015 - CA)

United States of America v. Daniel J. Flynn, III

Boston, MA - Milton Man Charged with Wire Fraud in Real Estate Investment Fraud Scheme

Daniel J. Flynn, III, 52, of Milton, was arrested and charged in U.S. District in Boston with wire fraud. According to the criminal complaint, Flynn defrauded investors of millions in a real estate investment scheme that began in at least 2007.

The complaint details several aspects of the alle... More...
   $0 (08-28-2015 - MA)

Marvin DeBough v. Douglas Shulman, Comm. IRS

In 1966, Marvin DeBough purchased a residence and surrounding 80 acres of
mixed-use land in Delano, Minnesota (the property) for $25,000. On July 11, 2006,
DeBough agreed to sell the property for $1.4 million to Stonehawk Corporation and
Catherine Constantine Properties, Inc. (the buyers) pursuant to an installment
contract. The buyers’ indebtedness was secured by the property.
... More...
   $0 (08-28-2015 - MO)

David Barboza v. California Association of Professional Firefighters

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
under 29 U.... More...
   $0 (08-28-2015 - CA)

Doe v. City of Lynn

In this appeal, we determine whether an
ordinance imposing restrictions on the right of sex offenders to
reside in the city of Lynn (city) is prohibited by the Home Rule
Amendment, art. 89, § 6, of the Amendments to the Massachusetts
Constitution, and the Home Rule Procedures Act, G. L. c. 43B,
§ 13. The plaintiffs, who represent a certified class of sex
offenders su... More...
   $0 (08-28-2015 - MA)

State of New Jersey v. Jamil McKinney, State of New Jersey v. Al-Tariq Wardrick

These consolidated appeals arise from an intrusion into an
apartment by three armed men. Al-Tariq Wardrick and Jamil
McKinney (together defendants) were identified as two of the
three intruders and were charged in a seventeen-count
indictment. Wardrick and McKinney were tried together by a jury
and convicted of several offenses, including first-degree
robbery ... More...
   $0 (08-28-2015 - NJ)

United States of America v. Selim Zherka

White Plains, NY - Westchester Businessman Pleads Guilty to Conspiring To Make False Statements To A Bank And To File Materially False Federal Tax Returns

SELIM ZHERKA pled guilty today to conspiring to make false statements to a bank in order to receive millions of dollars in loans and to file materially false tax returns with the IRS. As part of his plea agreement, ZHERKA agreed to fo... More...
   $0 (08-27-2015 - NY)

Auto. United Trades Org. v. State Of Washington

Washington State taxes fuel. LAWS OF 1921, ch. 173, § 2. Not long
after the state began taxing fuel, the people approved the eighteenth amendment
to our constitution. This provision limits the use of motor fuel taxes to
"highway purposes," including "[r]efunds authorized by law for taxes paid on
motor vehicle fuels." WASH. CONST. art. II, § 40( d).
Several Indian tribes in... More...
   $0 (08-27-2015 - WA)

Tribeca Co. v. First American Title Ins

Tribeca is a California limited liability company formed in October 2005 by William Faidi, its sole shareholder. It is a San Francisco-based private equity investment firm that makes investments in “distressed” real estate by purchasing and foreclosing on defaulted mortgage loans. Sky Pacific Holdings I, LLC (Sky Pacific) is another California limited liability company also formed by Faidi, who ... More...   $0 (08-27-2015 - CA)

James Calloway v. Caraco Pharmaceuticals Laboratories, Ltd.

Defendant Caraco Pharmaceutical Laboratories, Ltd. (“Caraco”),
appeals the district court’s judgment in favor of the plaintiffs, former Caraco employees.
No. 14-2526 Calloway v. Caraco Page 2
Following a bench trial, the district court found that Caraco violated the Worker Adjustment and
Retraining Notification (“WARN”) Act, 29 U.S.C. §§ 2101–2109, by failing to comply with the
... More...
   $0 (08-26-2015 - MI)

C.W. and E.W. v. Textron, Inc.

Government regulators and scientists
agree: exposure to vinyl chloride poses serious health
2 No. 14-3448
risks to humans. Vinyl chloride is a known carcinogen, mutagen,
and genotoxin.1 But in what quantity and for how
long must a human—in this case, two infant children—be
exposed to vinyl chloride before those health risks materialize?
The experts for C.W. and E.W., th... More...
   $0 (08-26-2015 - IN)

United States of America v. John Bowen

Denver, CO - Spice Distribution Kingpin John Bowen Sentenced to 60 Months in Federal Prison

Prosecutions represent one of the most significant investigations to date in the United States regarding synthetic cannabinoid trafficking which resulted in more than 220 Spice-related emergency room visits in Colorado in the Fall of 2013

U.S. District Court Judge Philip A. Brimmer today s... More...
   $0 (08-26-2015 - CO)


On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro... More...   $0 (08-26-2015 - WY)

In re Carlton Sewell

Carlton Sewell, Relator, has filed a petition for a writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions. After considering Relator’s petition and the response by the real parties in interest (RPI),1 we hold that the trial court erred in denying Relator’s motion to withdraw his deemed admissions. We conditionally grant the writ of mandamus and order the tr... More...   $0 (08-25-2015 - TX)

Endrew F. v. Douglas County School District RE-1

Federal law requires public schools to provide students with disabilities a
free and appropriate education. If a school cannot meet the educational needs of
a disabled student, the student’s parents can place the child in private school and
seek reimbursement of tuition and related expenses. In this case, the parents of
an autistic child withdrew him from the Douglas County School ... More...
   $0 (08-25-2015 - CO)

United States of America v. Lea Ann Blystone

San Antonio, TX - Area Businesswoman Sentenced to Federal Prison for Orchestrating Estimated $1.4 Million Fraud Scheme

San Antonio businesswoman Lea Ann Blystone was sentenced to seven years in federal prison for orchestrating an estimated $1.4 million wire fraud scheme announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher H. Combs.

I... More...
   $0 (08-25-2015 - TX)

Gallegos v. Frezza

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center). ... More...
   $0 (08-25-2015 - NM)


The underlying facts are not in dispute. In 2003, the Lewises obtained a default money judgment against Karen MacKean and Fred Foust (the “MacKeans”), a married couple. In 2006, the Lewises recorded their judgment in Pima County attempting to create a lien on the MacKeans’ real property. They filed a renewal affidavit in 2008. Neither the initial recording nor the renewal was accompanied by a ... More...   $0 (08-25-2015 - AZ)

United States of America v. William Donnelly Yotty

Los Angeles, CA - Orange County Man Pleads Guilty in Two-Pronged Ponzi Scheme that Cause Scores of Investors to Lose More Than $14 Million

An Orange County man who operated a Ponzi scheme that featured false promises of large returns to victims who invested in debt obligations and distressed real estate pleaded guilty today to federal mail fraud and wire fraud charges.

William Do... More...
   $0 (08-25-2015 - CA)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

Duarte Nursery v. Cal. Grape Rootstock Improvement Comm

Plaintiff Duarte Nursery, Inc., sells grape rootstock, the part of grapevines that becomes the root system. (Food & Agr. Code, §§ 74718, 74725; undesignated statutory references are to this Code.) Plaintiff challenges mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock. (§§ 74701-7479... More...   $0 (08-25-2015 - CA)

Denise Edwards v. The First American Corporation

We must decide whether the district court abused its
discretion in denying Plaintiff Denise P. Edwards’s motion
for class certification, in her action against Defendants First
American Corporation and its wholly owned subsidiary First
American Title Insurance Company (collectively, “First
American”). Edwards, seeking to represent a class of
similarly-situated home buyers, a... More...
   $0 (08-24-2015 - CA)

United States of America v. Russell Lee Collins, Eddie Wilburn and Richard Brosky

Defendants Russell Lee Collins, Eddie Wilburn, and Richard
Brosky appeal from final judgments of the United States District Court for the Eastern District of
Kentucky in a methamphetamine manufacturing and distribution conspiracy case. Defendant
Collins appeals from the judgment of the district court entered on October 2, 2012, sentencing
him to 324 months of incarceration for viol... More...
   $0 (08-24-2015 - KY)

Nicole Attocknie v. Shannon Smith

On August 25, 2012, Aaron Palmer was shot dead by Deputy Sheriff Kenneth
Cherry immediately after Cherry barged into Aaron’s home in Seminole, Oklahoma.
Having been commissioned by Seminole County Sheriff Shannon Smith, Cherry was
serving as a compliance officer for the county’s drug-court program. He was at Aaron’s
house to execute a year-old bench warrant for the arrest of Aaron’... More...
   $0 (08-24-2015 - OK)

Kelly Osborne v. Baxter Healthcare Corporation d/b/a BioLife Plasma Services, L.P.

Kelly Osborne, who is deaf, applied to work as a plasma center technician
(“PCT”) at BioLife Plasma Services.1 After two interviews, Ms. Osborne was
conditionally offered the PCT position pending final tests and paperwork. When
BioLife’s human resources department received Ms. Osborne’s medical information, it
determined Ms. Osborne could not safely monitor the donor area of the fa... More...
   $0 (08-24-2015 - WY)

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