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Real Estate Law
 
A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...   $0 (10-09-2015 - OR)

North County Advocates v. City of Carlsbad

Westfield proposed to renovate a portion of a shopping center located in the City. Originally built in 1969, the project site was developed "as a two- and three-story indoor shopping center with five main anchor department store buildings (i.e., Sears, Macy's, Macy's Men, JC Penney, and the vacant former Robinsons-May) and numerous smaller retail specialty shops." The site contains over 6,400 su... More...   $0 (10-09-2015 - CA)

United States of America v. Alma Escalante

Last of 13 Members of Willcox Marijuana Trafficking Ring Sentenced to Prison.
PHOENIX – On Sept. 28, 2015, Alma Escalante, the last of thirteen members of a Willcox drug trafficking conspiracy, was sentenced to a term of imprisonment by U.S. District Judge G. Murray Snow. Luis Cruz, 41, Escalante’s husband and the leader of the organization, was previously sentenced to 121 months’ imprisonmen... More...
   $0 (10-09-2015 - AZ)

Family and Estate of Walter Scott v. North Charleston, S.C.

North Charleston, SC - Family of unarmed mas shot in the back by police officer settles wrongful death claim

The Family and Estate of Walter Scott, age 50, sued the City of North Charleston, S.C. on civil rights violation theory claiming that officer Michael Slager violated Scott's civil rights when he shot him in the back as he fled from his car during a traffic stop.

The shooti... More...
   $6500000 (10-09-2015 - SC)

Gray, Ritter & Graham, PC; Wolf Haldenstein Adler Freeman & Herz, LLC; Neblett Beard & Arsenault, LLP; Don M. Downing; and Adam J. Levitt v. Goldman Phipps PLLC f/k/a Goldman Pennebaker & Phipps, PC; Mikal C. Watts, PC; and Murray Law Firm

Appellants, Gray, Ritter & Graham, P.C. (“GRG”), Wolf Haldenstein Adler Freeman
& Herz LLC (“WHAFH”), Neblett Beard & Arsenault LLP (“NBA”), Don M. Downing, and
Adam J. Levitt, appeal the trial court’s denial of their special appearances. Appellants
served as leadership counsel representing the plaintiffs in multidistrict litigation in federal
court against Bayer CropScience L.P. a... More...
   $0 (10-08-2015 - TX)

Ratna Vasireddy Babu v. Ingrid N. Zeeck

Ingrid N. Zeeck filed this suit against Ratna Vasireddy Babu alleging a breach
of contract over Babu’s attempt to convey real property located in Odessa. Zeeck
2
asserted that Babu breached Zeeck’s purported right of first refusal concerning a
conveyance of the subject property. Zeeck requested a temporary injunction to
enjoin Babu from selling the property to a third party dur... More...
   $0 (10-08-2015 - TX)

Alice Ruth Peters, independent executrix for the Estate of Jo Alice Stout, et al v. Jerry Bob Young and wife, Karen Elaine Young

This is an appeal from a final judgment in which the trial court, based on the
jury’s answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform
1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the
independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of
Jack L. Stout was rep... More...
   $0 (10-08-2015 - TX)

Derek J. Burton v. Michael Downey

Plaintiff‐appellee Derek J. Burton
filed a civil rights action under 42 U.S.C. § 1983, alleging that
members of the staff at the Jerome Combs Detention Center
(“JCDC”) violated his constitutional rights while he was de‐
tained for eighteen months awaiting trial. The district court
denied defendants’ motion for summary judgment, ruling
that a reasonable jury coul... More...
   $0 (10-08-2015 - IL)

Bank of the Ozarks v. Cossey

Frank Hamilton and Margaret Hamilton created the Hamilton Living Trust and were
the primary trustees. The trust’s terms provided that upon the death of one of the trustees,
the surviving trustee would serve as co-trustee with the Bank of the Ozarks Trust
Department. The trust further designated the Bank to serve as successor trustee once the
surviving trustee died. Should the ... More...
   $0 (10-08-2015 - AR)

United States of America v. Dwight Lincoln Hammond, Jr., Steven Dwight Hammond

SUMMARY***
Criminal Law
On appeals by the government, the panel vacated
sentences for maliciously damaging the real property of the
United States by fire, in violation of 18 U.S.C. § 844(f)(1),
and remanded for resentencing, in cases in which the
defendants set fires on their ranch land that spread to public
land.
The panel rejected the defendants’ contention that t... More...
   $0 (10-08-2015 - OR)

DJB HOLDING CORPORATION; Tax Matters Partner; WB Partners, FKA WB Acquisition Partners, Petitioners–Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent–Appellee. WB Acquisition & Subsidiary, Petitioner–Appellant, v. Commissioner of Internal Revenue, Respondent–Appellee. WB Acquisition, Inc., Petitioner–Appellant, v. Commissioner of Internal Revenue, Respondent–Appellee.

Daren Barone and Gregory Watkins drew upon their experience in asbestos removal to establish a successful environmental remediation company, Watkins Contracting, Inc (“WCI”). With success came risk—in particular, the danger that Barone and Watkins would be held personally liable for the cost of completing any projects that WCI was unable to finish. To shield themselves from this risk, the two men ... More...   $0 (10-08-2015 - CA)

United States of America v. William Aubrey

SUMMARY*
Criminal Law
The panel affirmed a conviction and sentence for two
counts of conversion and misapplication of funds from a
tribal organization, in violation of 18 U.S.C. § 1163.
The defendant is a contractor who owned a controlling
interest in, and managed and controlled, two construction
companies. His conviction resulted from his involvement in
projects he... More...
   $0 (10-08-2015 - NV)

United States of America v. Stephen K. Parks

Little Rock, AR - Parks Sentenced To 27 Months For Wire Fraud Relating To Fraudulent Refund Coal Tax Credits and Forfeits Millions

Stephen K. Parks, 62, of Little Rock, Arkansas, was sentenced to 27 months imprisonment, three years of supervised release, and ordered to pay $845,000 in restitution to the IRS. Parks pled guilty to a Federal Information charging him with wire fraud relating ... More...
   $0 (10-07-2015 - AR)

Anna Mae Cashin v. Marisela Bello

The Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to
61.12 permits the “owner of a building of three residential
units or less” to oust a tenant if the owner intends to
“personally occupy a unit.” N.J.S.A. 2A:18-61.1(l)(3). In this
appeal, the Court determines whether that provision can be
applied to remove a tenant from a two-story single-family house
built in a... More...
   $0 (10-07-2015 - NJ)

Rogers v Pennyrile Allied Community

At about 1:00 p.m. on July 24, 2013, Louisville Metro Police Department
narcotics detectives executed a search warrant for a residence in the 2500
block of Bank Street in Louisville. The search revealed illegal drugs
methamphetamine and marijuana—and the paraphernalia of drug use and
2
trafficking—pipes for smoking the drugs along with digital scales, torn baggies,
a l... More...
   $0 (10-07-2015 - KY)

Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ... More...
   $0 (10-07-2015 - NM)

The Regents of the University of California et al. v. Superior Court of Los Angeles County et al.

Damon Thompson transferred to UCLA in the fall of 2008. Shortly after enrolling in classes, Thompson sent several emails to his history professor, Stephen Frank, reporting that he was “angered” by “offensive” remarks other students had made to him during an examination. Thompson asserted that he was “outrage[d]” because he believed the students’ conduct had affected his academic performance. Fr... More...   $0 (10-07-2015 - CA)

LuzMaria Arroyo v. Volvo Group North America, LLC d/b/a Volvo Parts of North America

LuzMaria Arroyo is an Army Reservist
and veteran who suffers from post-traumatic stress
disorder (“PTSD”). She worked for Volvo Group North
America, LLC, d/b/a Volvo Parts North America (“Volvo”)
from June 2005 until she was fired in November 2011. Volvo
says it fired her for violations of its attendance policy, but
2 No. 14-3618
Arroyo claims the real reason was discr... More...
   $0 (10-06-2015 - IL)

Russell Tenorio v. Brian Pitzer

Albuquerque Police Officer Brian Pitzer shot Russell Tenorio when responding
to an emergency call. Tenorio sued Pitzer in the United States District Court for the
District of New Mexico under 42 U.S.C. § 1983, asserting that Pitzer violated his
Fourth Amendment rights by using excessive force. The district court denied Pitzer’s
motion for summary judgment, concluding that there was... More...
   $0 (10-06-2015 - NM)

Ronnie Bowling v. Randy White

The record in this case is sparse because it concerns the certification of a
question of law, and we are thus dependent on the facts as articulated by the
I The second question was: "Factually, has Bowling's Rockcastle County sentence expired?" We did not certify the second question because it required a factual determination that is the task of the trial court, not of a court that is on... More...
   $0 (10-06-2015 - KY)

Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgment ... More...   $0 (10-05-2015 - TX)

Rohrmoos Venture, Eric Langford, Dan Basso and Tobin Grove v. UTSW DVA Healthcare, LLP

Rohrmoos Venture’s motion for reconsideration is denied. On the Court’s own motion,
we withdraw our opinion dated August 3, 2015 and vacate the judgment of that date. This is
now the Court’s opinion.
This case involves claims for breach of the implied warranty of suitability and breach of
contract arising out of a commercial lease. The jury found that both parties breached the leas... More...
   $0 (10-05-2015 - TX)

Michelle-Lael B. Norsworthy v. Jeffrey Beard, CDCR Secretary

Plaintiff Michelle Norsworthy, a transgendered woman,
has been incarcerated in the California prison system since
1987. In 2000, she was diagnosed with gender dysphoria and,
several years thereafter, petitioned the California Department
of Corrections and Rehabilitation (“CDCR”) for sex
reassignment surgery, a procedure that would transform her
sex characteristics from male... More...
   $0 (10-05-2015 - CA)

Lake Environmental, Inc. v. Arnold

In 2008, the Department of Public Health issued an emergency stop work order to Lake Environmental based on alleged violations of the Department’s regulations committed during an asbestos cleanup job at Scott Air Force Base. The Department also removed Lake Environmental’s name from the list of state-approved asbestos abatement contractors. Several months later, the Department dismissed the stop w... More...   $0 (10-05-2015 - IL)

State of Delaware v. Jones

This 1st day of October 2015, upon consideration of defendant Daniel D. Jones’
motion for postconviction relief (the “Motion”), it appears to the Court that:
(1) On April 4, 2014, Jones was sentenced by the Honorable Eric M. Davis to a
total of 19 years at Level 5, followed by probation. Jones had pled guilty to two counts of Burglary 2nd Degree, three counts of Burglary 3rd Degre... More...
   $0 (10-05-2015 - DE)

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