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Real Estate Law
 
United States of America v. John Watson, Jr.

Following his arrest for firing a handgun at a Coast Guard helicopter, appellant John Watson, Jr. (“Watson”), who suffers from Delusional Disorder, Persecutory Type, was found incompetent to stand trial and committed to the custody of the Attorney General for mental health treatment and evaluation. After Watson refused to take antipsychotic medication in order to render himself competent, the dis... More...   $0 (07-18-2015 - )

United States of America v. Robert F. McDonnell

On November 3, 2009, Appellant was elected the seventy-first Governor of Virginia. From the outset, he made economic development and the promotion of Virginia businesses priorities of his administration. The economic downturn preceding the election had taken a personal toll on Appellant. Mobo Real Estate Partners LLC (“Mobo”), a business operated by Appellant and his sister, was losing money on ... More...   $0 (07-18-2015 - )

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this “low tar” tobacco case centers on a
jury’s award of punitive damages to plaintiff against defendant
Phillip Morris USA, Inc. (Philip Morris). Following a
trial in 2002, the jury awarded plaintiff $168,514 in compensatory
damages and $150 million in punitive damages.1
However, concluding that the trial court had not properly
instructed the jury on the issue... More...
   $0 (07-18-2015 - OR)

Viola Chambers v. HSBC Bank USA, N.A.

Plaintiff-Appellant Viola Chambers
(“Chambers”) appeals from a district court order dismissing her claims of fraud against HSBC
Bank, USA, and numerous other defendants.1 Chambers also asserts that the district court erred
1Chambers named 26 defendants below, and renames them all on appeal: HSBC Bank USA, N.A.
(“HSBC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); Signa... More...
   $0 (07-17-2015 - MI)

United States of America v. Kathy Medlock

Defendants-Appellants Woody and Kathy Medlock (the
Medlocks) appeal their jury convictions for aggravated identity theft, health-care fraud, and
related crimes.1 The Medlocks, who are married, owned and operated Murfreesboro Ambulance
Service (MAS), a non-emergency ambulance company that transported Medicare patients to
regular kidney-dialysis appointments. In their appeals, which ... More...
   $0 (07-17-2015 - TN)

Celeste Rossi v. George F. Rossi

Appellant, Celeste Rossi ("Former Wife"), appeals the trial court's final judgment,
which adopted the report and recommendation ("Report") previously entered by a general
magistrate. On appeal, Former Wife argues that the trial court erred by: (1) failing to treat
her unauthorized motion for rehearing on the Report as an authorized list of exceptions;
(2) ruling that the motion for... More...
   $0 (07-17-2015 - FL)

The Branson Label, Inc. v. City of Branson

The Branson Label, Inc., a Florida corporation ("Florida Branson Label"),
appeals the district court's dismissal of its suit. 1 The district court found that Florida
Branson Label collusively manufactured subject-matter jurisdiction in violation of 28
U.S.C. § 1359. Florida Branson Label argues that the district court erred by adopting
the wrong legal test for determining collusion... More...
   $0 (07-17-2015 - MO)

RSA 1 Limited Partnership v. Paramount Software Associates

In this breach-of-contract case, two cellular-service providers dispute whether
they owe approximately $260,000 in liquidated damages to a billing-services
company. The district court2 granted summary judgment to the billing company,
Paramount Software Associates. We affirm.
I. Background
In March 2009, Paramount, a Texas company, contracted with two Iowa
cellular-service p... More...
   $0 (07-17-2015 - IA)

STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

SPRINT TELEPHONY PCS, L.P. et al. v. STATE BOARD OF EQUALIZATION et al.,

Appellants Sprint Telephony PCS, L.P., Sprint Spectrum L.P., Wirelessco, L.P., Nextel of California, Inc., and Nextel Boost of California, LLC (collectively referred to as Sprint or the company) filed this action seeking a refund on taxes they paid on property assessed by respondent State Board of Equalization (the Board). The Legislature has mandated that for a telephone company to file such a j... More...   $0 (07-17-2015 - )

Margaret Onwudiegwu v. Jaime J. Dominguez

In this appeal from a judgment ordering a property owner to pay a construction
worker damages in quantum meruit for work performed in constructing a new home, the
property owner argues that the county court at law lacked jurisdiction over the claim
and that there is legally insufficient evidence to support the judgment. We conclude that
although the trial court had jurisdiction, th... More...
   $0 (07-16-2015 - TX)

Larry Higgins v. BAC Home Loans Servicing, LP

Kentucky’s recording statutes require that an assignment of a
mortgage must be recorded within 30 days. Plaintiffs in this putative class action contend that,
for purposes of the recording requirement, a transfer of a promissory note is an assignment of a
mortgage securing the note, such that the transfer must be recorded. The district court below
agreed and issued an order to that... More...
   $0 (07-16-2015 - KY)

Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks and Gary L. Leonard v. LaVearn Ivey

Appellants, Pamela Y. Kelley, Arthur Lee Kelley, Clara Brooks, and Gary L.
Leonard, appeal a temporary injunction precluding appellants from executing a
judgment against a non-party by selling property which appellee, Lavearn Ivey,
claims to own. Ivey raises a cross-point requesting appellate sanctions. We affirm
the temporary injunction and deny the request for sanctions.
2More...
   $0 (07-16-2015 - TX)

In the matter of the Estate of Terry Glenn Arnold, deceased

This appeal concerns the appointment of an independent administrator of
the Estate of Terry Glenn Arnold in Ector County, Texas. In a single issue,
G. Brad Carter, Appellant, complains that the trial court was without authority
to appoint an independent administrator in the face of a will naming Appellant
as the independent executor. We disagree and affirm the order of the trial co... More...
   $0 (07-16-2015 - TX)

Rosalinda Baez v Jetblue Airways Corporation

Plaintiff Rosalinda Baez brought claims against defendants JetBlue
Airways Corporation (“JetBlue”) and its former employee, Tiffany Malabet
(“Malabet”), arising out of an encounter at John F. Kennedy Airport (“JFK
Airport”), in which Baez was reported by Malabet for making an alleged bomb
2
threat and was then arrested by the Federal Bureau of Investigation (“FBI”). Baez
ar... More...
   $0 (07-16-2015 - NY)

Michigan Millers Mutual Ins. v. Asoyia, Inc.

In 2006, Asoyia, LLC (now Asoyia, Inc.), an Iowa producer of soybean oil,
purchased a general commercial agribusiness insurance policy and a commercial
umbrella liability policy from Michigan Millers Mutual Insurance Company
(Michigan Millers). The policies covered general liability on an occurrence basis.
After a fire on June 18, 2007, destroyed the Sunnyside Country Club (Sunnysi... More...
   $0 (07-16-2015 - IA)

Allan M. Shine et al. v. Charles Moreau et al. :

There were several individuals who served as Receiver for the City of Central Falls during the period of time preceding the filing of these cases and during the pendency of the cases. We shall simply make a generic reference to “the Receiver.” On November 14, 2013, by order of this Court, Allan M. Shine, Esq. (the Trustee) was substituted as Appellee in the place of the Receiver in all three of ... More...   $0 (07-16-2015 - )

DAVID NIEMI and ROXIE ANNE NIEMI v. FREDLUND TOWNSHIP, and STATE OF SOUTH DAKOTA

This case involves a dispute over a road located on real property owned
by David and Roxie Niemi in Fredlund Township, Perkins County, South Dakota.
For the last 100 years, the road has been referred to as the “Lewton Road.” The
Lewton family homesteaded the area and used to live at a residence at the end of
the road, commonly known as the “Lewton Place.” It was reported tha... More...
   $0 (07-16-2015 - )

ROGER JOHNSON and DOROTHY JOHNSON v. HAYMAN & ASSOCIATES, INC., HAYMAN RESIDENTIAL ENGINEERING SERVICES, INC. and HAYMAN RESIDENTIAL ENGINEERING SERVICES, LLC,

Roger and Dorothy Johnson appeal the circuit court’s grant of
summary judgment in favor of Hayman Residential Engineering Services, Inc.
(Hayman). The Johnsons sued Hayman on a theory of professional negligence
because Hayman made an allegedly substandard and inadequate structural
engineering report on the Johnsons’ home (the Home). The report was prepared for
Fannie Mae... More...
   $0 (07-16-2015 - )

GRANT COUNTY PROSECUTING ATTORNEY v. JERRY JASMAN and CRAIG ) MORRISON,

After an incident involving his then-deputy coroner, Grant
County Coroner Jerry Lee Jasman pleaded guilty to disorderly conduct and resigned
from office. By statute, Jasman's conviction prohibited him from holding public
office again. RCW 9.92.120. However, the new Grant County coroner, Craig
Morrison, quickly hired Jasman as chief deputy coroner and chief investigator. In thi... More...
   $0 (07-16-2015 - )

Marquis COUEY v. Jeanne ATKINS

We begin with a brief summary of the regulation of the initiative petition signature collection process to provide context for our discussion of the relevant facts. The powers of initiative and referendum reserved by the people in Article IV, section 1, of the Oregon Constitution allow them to enact statutes, adopt or reject bills passed by the legislature, and adopt amendments to the state consti... More...   $0 (07-16-2015 - )

Peter Nalasco v. Buckman, Buckman & Reid, Inc.

This is an appeal from a $22,000 attorney’s fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others, a... More...   $0 (07-15-2015 - FL)

Philip Morris USA, Inc. v. Beatrice Sholnick

In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies—Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a... More...
   $0 (07-15-2015 - FL)

Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A... More...   $0 (07-15-2015 - FL)

Robert Paul Brown v. Michael Scott Brown

An estate beneficiary appeals from the circuit court’s final order directing the personal representative to divide and distribute “the [decedent’s] Georgia real estate and Florida real estate and other miscellaneous inventory assets of the Estate” amongst several estate beneficiaries. The appellant primarily argues that the circuit court lacked jurisdiction to direct the personal representative to... More...   $0 (07-15-2015 - FL)

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