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Real Property Law
 
Luis Gonzales v. John R. Mathis

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.
FACT... More...
   $0 (02-20-2018 - CA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

Leesa Jacobson v. United States Department of Homeland Security, et al. Arizona District Federal Courthouse - Tucson, Arizona

Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees (Appellees). We vacate and remand for further proceedings.

FACTUAL AND PROCEDUR... More...
   $0 (02-19-2018 - AZ)

Apple, Inc. v. The Superior Court of San Diego County, Anthony Shamrell, Real Party in Interest

Doyle Lowther, William J. Doyle, John A. Lowther and Chris W. Cantrell; Gomez
Trial Attorneys, John H. Gomez and Deborah S. Dixon; Niddrie Addams Fuller, Rupa G.
Singh for Real Parties in Interest Anthony Shamrell and Daryl Rysdyk.
In this writ proceeding, we decide an issue of apparent first impression: Does the
Supreme Court's analysis of the admissibility of expert opinion evide... More...
   $0 (02-19-2018 - CA)

Amie Wieland v. Owner-Operator Services, Inc. Jackson County Courthouse - Kansas City, Missouri

Owner-Operator Services Inc. appeals the circuit court’s judgment in favor of Amie
Wieland for her claim of negligence alleging her employer, Owner-Operator, breached its
duty to protect her from the criminal act of a third person on its premises. Owner-Operator
argues the circuit court erred in submitting a verdict director to the jury that was not
supported by substantial evidenc... More...
   $0 (02-18-2018 - MO)

Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...
   $0 (02-18-2018 - MN)

State of Florida v. Nikolas Jacob Cruz Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Nikolas Cruz Charged With 17 Counts of Capital Murder

Court Docket:

Broward County Case Number: 18001958CF10A
State Reporting Number: 062018CF001958A88810
Court Type: Capital Homicide
Case Type: Capital Homicide - Report Purposes
Filing Date: 02/15/2018
Case Status: Pending
Court Location: Central Courthouse
Judge ID / Name: Scher... More...
   $0 (02-17-2018 - FL)

United States of America v. Richard Pinedo Federal Courthouse - District of Columbia

Washington, DC - Defendant Pleads Guilty to Selling Bank Accounts To Russian Hackers

The United States of America charged Richard Pinedo, age 28, with identity fraud in violation of 18 U.S.C. 1028 when the sold bank accounts to Russians who used the accounts to launder money for use in Russia's efforts to defeat Hillary Clinton's campaign to become President of the United States.

... More...
   $0 (02-17-2018 - DC)

Darrell Chissoe v. Ryan Zinke Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Paul Chissoe applied to transfer restricted Indian land he owned (the Property)
to the Bureau of Indian Affairs (BIA) in trust. When Mr. Chissoe died, the BIA
Superintendent of the Okmulgee Agency (Superintendent) terminated his application.
His son, Plaintiff Darrell Chissoe, asked the Superintendent to reinstate the
2
application and to complete the transfer.1 The Superintend... More...
   $0 (02-16-2018 - OK)

State of Missouri v. Phillip Douglas and Jennifer M. Gaulter Jackson County Courthouse - Kansas City, Missouri

The state appeals from the circuit court’s order sustaining the defendants’ motions
to suppress all evidence seized pursuant to a warrant authorizing search of a residence for
stolen items. The state admits an officer submitted a prepared search warrant form, which
was then executed by a circuit judge, authorizing a search for any deceased human fetus
or corpse despite the fact the... More...
   $0 (02-16-2018 - MO)

United States of America v. Adrian Bailey Central District of Illinois Federal Courthouse - Springfield, Illinois

Adrian Bailey offered to sell marijuana
to an informant who had already brokered the purchase
of a firearm from him; the informant accepted the offer and
purchased $40 worth of marijuana from Bailey contemporaneously
with the firearm purchase. On that basis, Bailey was
convicted after a bench trial of possessing a firearm in further2
No. 17-1031
ance of a drug trafficki... More...
   $0 (02-16-2018 - IL)

United States of America v. Leaford George Cameron Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Philadelphia, PA - Jury Convicts Attorney-Imposter Who Operated Fraudulent Nationwide Law Practice

A federal jury on February 13, 2018 returned guilty verdicts on all counts against Leaford George Cameron, 65, of Burlington, New Jersey, in connection with his operation of a fraudulent nationwide law practice. Cameron was convicted of one count of mail fraud, two counts of wire fraud, and ... More...
   $0 (02-16-2018 - PA)

United States of America v. Jessica Arong O'Brien Northern District of Illinois Courthouse - Chicago, Illinois

Chicago, IL - Federal Jury Convicts Illinois Attorney in Mortgage Fraud Scheme

A federal jury on February 15, 2018 convicted an Illinois attorney of fraudulently obtaining loans related to the purchase, maintenance and sale of properties on Chicago’s South Side.

JESSICA ARONG O’BRIEN fraudulently caused lenders to issue and refinance approximately $1.4 million in mortgage and com... More...
   $0 (02-16-2018 - IL)

State of New York v. Yury Baumblit and Rimma Baumblit Supreme Criminal Courthouse - Brooklyn, New York

Brooklyn, NY - Jury Convicts Slum Lord of Medicaid Fraud

The State of New York charged Yury Baumblit and Rimma Baumblit with:

PL 155.35 00
**TOP CHARGE** D Felony, 1 count, Not an arrest charge, Not an arraignment charge
Description Grand Larceny 3rd Degree
Indictment Count 4
Date Added 02/14/2018
Pled Guilty
PL 470.15 01 C Felony, 1 count, Arrest char... More...
   $0 (02-16-2018 - NY)

United States of America v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Honolulu, HI - Justice Department Reaches Settlement with the City and County of Honolulu and All Island Automotive Towing for Illegally Auctioning Servicemembers’ Cars

The Justice Department today announced it has reached an agreement with the City and County of Honolulu, Hawaii (Honolulu or the City) and its contracted towing company, All Island Automotive Towing (All Island Towing), to... More...
   $0 (02-16-2018 - HI)

United States of America v. Arthur Charles Smith, a/k/a Marvon Anderson Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Arthur Smith was sentenced as a career offender based in part
on his prior North Carolina state conviction for common-law robbery. In this appeal, he
>
No. 16-6720 United States v. Smith Page 2
contends that North Carolina common-law robbery does not qualify as a “crime of violence”
within the meaning of § 4B1.1(a) of the United States Sentencing Guidelines. This is the second<... More...
   $0 (02-16-2018 - TN)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Daryl Lynn Higdon v. United States of America Eastern District of Tennessee Federal Courthouse - Greeneville, Tennessee

Daryl Higdon was sentenced as an armed career criminal based in part on a North Carolina conviction for discharging a firearm into an occupied structure.
>
No. 17-5027 Higdon v. United States Page 2
The question here is whether that offense—which requires an application of force to an occupied structure, but not to the occupants themselves—nonetheless counts as an offense that involves... More...
   $0 (02-16-2018 - TN)

United States of America v. Matthew Vance Query and Ronald William Frank Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Cedar Rapids, IA - Two Men Sentenced To Federal Prison For Meth-Distribution Conspiracy

Two men have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.

Matthew Vance Query, age 34, of Mason City, Iowa, received his prison term after an August 10, 2017, guilty plea; and Ronald William Frank, age 31, of Mason City, Iowa, received his pris... More...
   $0 (02-15-2018 - IA)

United States of America v. Daniel Thomas Hersl and Marcus Roosevelt Taylor District of Maryland Federal Courthouse - Baltimore, Maryland

Baltimore, MD - Two Baltimore City Police Officers Convicted In Federal Racketeering Conspiracy

Officers Hersl and Taylor Robbed Victims, Filed False Affidavits and Made Fraudulent Overtime Claims

On February 12, 2018 a federal jury has convicted Detective Daniel Thomas Hersl, age 47, of Joppa, Maryland and Detective Marcus Roosevelt Taylor, age 30, of Glen Burnie, Maryland for r... More...
   $0 (02-15-2018 - MD)

United States of America v. Vladimir Drinkman and Dmitriy Smilianets District of New Jersey Federal Courthouses

Newark, NJ - Two Russian Nationals Sentenced to Prison for Massive Data Breach Conspiracy
Hackers Targeted Major Payment Processors, Retailers and Financial Institutions Around the World

Two Russian nationals were sentenced yesterday to federal prison terms for their respective roles in a worldwide hacking and data breach scheme that targeted major corporate networks, compromised 160 ... More...
   $0 (02-15-2018 - NJ)

Texas Department of Transportation v. Brian Milton Dallas County Courthouse - Dallas, Texas

In this premises liability case, the Texas Department of Transportation (TxDOT) appeals a judgment on a jury verdict in favor of Brian Milton. In two issues, TxDOT contends the evidence is legally insufficient to prove it had actual knowledge of the dangerous condition and to prove it failed to adequately warn Milton. We affirm the trial court’s judgment.
On September 21, 2012, Milton was inju... More...
   $0 (02-15-2018 - TX)

Charles Borkert, Penelope Sturm-Borkert and Alamo Turf Farms, Inc. v. Wieslawa Tworek Bexar County Courthouse - San Antonio, Texas

In this breach of contract suit, the jury found that Appellants Charles Borkert, Penelope Sturm-Borkert, and Alamo Turf Farms, Inc. (the Borkerts) breached the Agreement with Appellee Wieslawa Tworek. The jury awarded Tworek damages for breach of the Agreement, damages for promissory estoppel, and attorney’s fees. The trial court rendered judgment on the verdict and the Borkerts appeal. Because th... More...   $0 (02-15-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc. Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary
2
judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

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