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Real Property Law
 
Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

Sandra Slater v. United States Steel Corporation Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

When an individual files for bankruptcy, he must file sworn disclosures listing his debts and his assets, including any pending civil claims, and identifying any lawsuits he has filed against others. Occasionally, a plaintiff who has a pending civil lawsuit fails to list the claims or lawsuit in these disclosures. In omitting this information, the plaintiff effectively takes inconsistent positions... More...   $0 (09-18-2017 - AL)

United States of America ex rel Donald Little and Kurosh Motaghed v. Triumph Gear Systems, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This appeal arises from the efforts of several whistleblowers to navigate the
procedural minefield of the False Claims Act (FCA). See 31 U.S.C. §§ 3729-3733. In
2012, Joe Blyn commenced this FCA action by filing a sealed complaint in the district
court. The complaint named Donald Little as Blyn’s counsel of record. Months later,
Little filed an amended complaint that named himself ... More...
   $0 (09-18-2017 - UT)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

United States of America v. Troy Allen Wyatt Federal Courthouse - Medford, Oregon

Medford, OR - Brookings Man Receives Federal Prison Sentence for Manufacturing Hash Oil and Endangering Human Life

United States District Court Judge Michael J. McShane sentenced Troy Allen Wyatt, 44, to 18 months in prison after he pleaded guilty to manufacturing hash oil and endangering human life. Wyatt currently resides in Brookings, Oregon.

According to court documents, Wyat... More...
   $0 (09-17-2017 - OR)

United States of America v. David Michael Kapaun Federal Courthouse - Honolulu, Hawaii

San Diego, CA - Former Deputy Chief of Staff at Special Operations Command, Pacific, Sentenced for Lying about his Relationship with Foreign Defense Contractor in Massive Navy Bribery Investigation

A former U.S. Navy Commander was sentenced to 18 months in prison for lying to investigators to conceal his illicit decades-long relationship with Leonard Glenn Francis, the foreign defense con... More...
   $0 (09-17-2017 - HI)

Melissa Mays v. City of Flint, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This case arises out of the drinking-water
crisis in Flint, Michigan. The Plaintiffs are residents of the City of Flint who represent
themselves and seek to represent a class of similarly situated individuals. They allege that they
have been harmed since April 2014 by the toxic condition of the Flint water supply. The
Plaintiffs filed suit against several City and State officials i... More...
   $0 (09-16-2017 - MI)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

Phillips Construction, LLC v. Stone Bluff Ventures, LLC and Nark Agee Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Phillips Construction, LLC v. Stone Bluff Ventures, LLC and Nark Agee

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: PHILLIPS CONSTRUCTION LLC
Filed Date: 05/03/2011
Party Name Disposition Information
Defendant: AGEE, MARK Disposed: DISMISSED - SETTLED, 09/15/2017. Dismissed- Settled
Defendant: STONE BLUFF VENTURES LLC Dispos... More...
   $0 (09-15-2017 - OK)

United States of America v. Ben Leske Western District of Washington Federal Courthouse - Tacoma, Washington

Tacoma, WA - Final Defendant Sentenced in Pierce Commercial Mortgage Fraud Investigation - Fifteen Defendants ranging from VP to Loan Officers Sentenced for Fraud that Resulted in Bank Collapse

The final defendant in a long running investigation of mortgage fraud at Pierce Commercial Bank was sentenced today in U.S. District Court in Tacoma, announced U.S. Attorney Annette L. Hayes. Betw... More...
   $0 (09-15-2017 - WA)

SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

ASSN. DES ELEVEURS DE CANARDS V. XAVIER BECERRA Ninth Circuit Court of Appeals - San Francisco, California

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

Margaret Mullendore v. City of Belding, Michigan, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Margaret Mullendore served as the City Manager for the City of Belding, Michigan. In January 2015, she notified the members of Belding’s City Council—all five of whom are defendants—that she would be taking time off due
to a surgery and indicated that she would be able to work remotely while recovering. While she
was away from the office, the city council voted to terminate her employment,... More...
   $0 (09-15-2017 - OH)

The Law Offices of John S. Young, P.C. v. Michael Deadman, Temporary Administrator of The Estate of John Edward Sullivan, Deceased

The Law Offices of John S. Young, P.C.1 appeals from the trial court’s final summary
judgment dismissing its claims against Michael Deadman, temporary administrator of the estate of
John Edward Sullivan. In four issues, the Law Office contends that the trial court erred in granting
summary judgment in Deadman’s favor. We will affirm the trial court’s summary judgment.
BACKGROUNDMore...
   $0 (09-15-2017 - TX)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

State of Oregon v. K.A.M.

The question in this case is whether youth was
stopped during the search of a drug house when a detective
came upon youth and a friend in one of the bedrooms, told
youth’s friend to “stay off the meth,” asked them their names,
and then asked whether they had anything illegal on them.
Because the trial court ruled that no stop occurred, it denied
youth’s motion to suppress e... More...
   $0 (09-14-2017 - OR)

George Diego v. City of Los Angeles

The City of Los Angeles (the City) appeals from a judgment
against it following a jury trial in a discrimination action brought
by two officers of the Los Angeles Police Department (LAPD or
the Department). The two officers, George Diego and Allan
Corrales (the Officers), respondents in this appeal, are both
Hispanic. They claim that they suffered discrimination within
the ... More...
   $0 (09-14-2017 - CA)

Roff Arden and bobbi Arden v. Forsberg & Umlauf, P.S., et al.

This case involves claims of breaches of fiduciary duty and
legal malpractice against lawyers hired to defend insureds in a civil action where
the insurance company provided the defense.^ The insureds claim the lawyers
violated their professional responsibilities by failing to disclose a potential conflict
^ The Court of Appeals and the parties in their briefing characterized the i... More...
   $0 (09-14-2017 - WA)

Valentina Sheshtawy, et al. v. J. Gary Gray, et al.

Plaintiffs Valentina Sheshtawy, L. S., Don Peterson, Mackey Peterson,
Lonny Peterson, Edward G. Rizk, and Maxwell Rizk (collectively “Plaintiffs”)
sued Defendants1 asserting claims for (1) conspiracy under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”); (2) common law fraud;
and (3) breach of fiduciary relationship.2 Plaintiffs are comprised of
individuals invo... More...
   $0 (09-14-2017 - TX)

Debra A. Roth v. Anice M. Plikaytis

Defendant Anice Plikaytis appeals from an order awarding her attorneys' fees in a
breach of contract action brought by plaintiff Debra Roth. In the published portion of the
opinion, we agree with Plikaytis's contention that the trial court erred when it declined to
consider previously filed documents she incorporated by reference as part of her motion.

* Pursuant to California... More...
   $0 (09-14-2017 - CA)

Susan Dent v. Kenneth S. Wolf, as Special Administrator, etc.

After concluding that appellant Susan Dent lacked
standing, the trial court dismissed her paternity lawsuit. The
narrow issue on appeal is whether a child who seeks a
declaration of paternity after her putative father is deceased
presents a justiciable controversy when the child requests no
financial remuneration. We conclude that Dent has standing to
pursue her paternity l... More...
   $0 (09-13-2017 - CA)

United States v. Roberto Pabon Second Circuit Court of Appeals - New York, New York

In the early hours of March 21, 2014, Vermont state police pulled over the
car in which defendant‐appellant Roberto Pabon was riding after the driver
committed a traffic violation. Acting on corroborated information suggesting
3
that the driver of the car used that specific route to transport associates who were
body‐packing drugs, and on specific indications that P... More...
   $0 (09-12-2017 - NY)

Claudia A. Johnson v. Open Door Community Health Centers

Plaintiff Claudia Johnson appeals the trial court’s entry of summary judgment for
defendant Open Door Community Health Centers (“Open Door”), contending the trial
court’s application of the Medical Injury Compensation Reform Act’s (MICRA) (Code
Civ. Proc., § 340.5) one-year statute of limitations for professional negligence was error.
Guided by Flores v. Presbyterian Intercommunity... More...
   $0 (09-12-2017 - CA)

Craig M. Immel v. Tulsa Public Facilities Authority and City of Tulsa, Oklahoma

Tulsa, OK - Craig M. Immel and others sued the Tulsa Public Facilities Authority and City of Tulsa, Oklahoma seeking an injunction to block the Defendant's plan to sell property located at 71st and Riverside Drive to a Dallas-based developer wanting to development Helmerich Park for retail.

The City asserted that it wanted to sell the property to produce money to be used to enhance Hel... More...
   $0 (09-11-2017 - OK)

The Highway 68 Coalition v. County of Monterey, Omni Resources, Real Party in Interest

This CEQA1 case arises from the proposal of respondent Omni Resources LLC
(Omni) to build a shopping center on Highway 68 in respondent Monterey County
(County). After preparing an environmental impact report (EIR) concerning the proposed
project and considering public comments, County’s Board of Supervisors approved the
project in 2012.

1 California Environmental Quality ... More...
   $0 (09-11-2017 - CA)

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