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Real Property Law
 
State of Oklahoma v. Trevor Shanye Frydendall Beaver County Courthouse - Beaver, Oklahoma

Beaver, OK - TheState of Oklahoma charged Trevor Shanye Frydendall with:

1. BURGLARY IN THE SECOND DEGREE, in violation of 21 OS 1435

2. GRAND LARCENY

3. CONSPIRACY

4. KNOWINGLY CONCEALING STOLEN PROPERTY

5. BURGLARY IN THE SECOND DEGREE, in violation of 21 OS 1435

6. GRAND LARCENY

7. CONSPIRACY

8. KNOW... More...
   $0 (02-05-2018 - OK)

Visalia Retail, LP v. City of Visalia

This appeal involves a challenge to an update of the City of Visalia’s (Visalia)
general plan. Included in the update is a land use policy affecting areas designated
“Neighborhood Commercial.” Under the policy, no tenant in a Neighborhood
Commercial area may be larger than 40,000 square feet in size.
2.
Appellant claims Visalia violated the California Environmental Quality Act ... More...
   $0 (02-05-2018 - CA)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

United States of America v. Jianhua "Jeff" Li District of New Jersey Federal Courthouses

Newark, NJ - Chinese National Pleads Guilty to Conspiracy and Trafficking of Counterfeit Apple Goods Into the United States

A Chinese national living in the United States on a student visa pleaded guilty on February 2, 2018 for his role as a counterfeit distributor in a scheme to traffic and smuggle counterfeit electronics purporting to be Apple iPhones and iPads, from China into the Uni... More...
   $0 (02-03-2018 - NJ)

United States of America v. Raymond Juiwen Ho Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Vienna, VA - Former Virginia Attorney Sentenced to 7 Years in Prison for Laundering and Attempting to Launder Over $2 Million

A former Vienna, Virginia attorney was sentenced on February 2, 2018 to 84 months in prison for conspiring to launder over $2 million dollars derived from a business email compromise scheme and for attempting to launder funds he believed to be the proceeds of smu... More...
   $0 (02-03-2018 - VA)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Beebe Roh v. Starbucks Corporation Northern District of Illinois Courthouse - Chicago, Illinois

While Beebe and Lucas Roh were at
Starbucks on Rush Street in Chicago, Illinois with their two
sons Alexander and Marcus, a wood and metal stanchion fell
onto Marcus Roh’s finger. Marcus’s injured finger had to be
amputated that same day. Beebe sued Starbucks Corporation
2 No. 16-4033
in state court on behalf of Marcus, claiming its negligence
caused Marcus’s injury. In... More...
   $0 (02-02-2018 - IL)

Rashad B. Swanigan v. City of Chicago Northern District of Illinois Courthouse - Chicago, Illinois

While on the lookout for a serial
bank robber, Chicago police officers misidentified Rashad
Swanigan as the perpetrator, arrested him, and detained him
for approximately 51 hours without a probable-cause hearing.
He was released when the state prosecutor decided not
to press charges, and police later found the true culprit.
2 No. 16-1568
Swanigan sued the officers invol... More...
   $0 (02-02-2018 - IL)

United States of America v. Margie Lou Franz District of Maryland Federal Courthouse - Greenbelt, Maryland

Greenbelt, MD - 73 Year Old Pennsylvania Woman Sentenced To 21 Months In Prison For Wire Fraud

On January 26, 2018, United States District Judge Paula Xinis sentenced Margie Lou Franz, age 73, of Warfordsburg, Pennsylvania to 21 months in prison, followed by three years of supervised release, for wire fraud. Xinis also ordered Franz to pay $970,964.76 in restitution.

According t... More...
   $0 (02-02-2018 - MD)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

W.S. v. S.T.

In 2014, appellant W.S. filed a petition to establish a parental relationship with his
daughter (daughter). W.S. alleged he was daughter’s biological father. He claimed he
had a relationship with S.T., daughter’s mother, while she was married to her husband,
Martin T. W.S. requested joint legal and physical custody, equal time visitation, and
mediation to work out a parenting plan.... More...
   $0 (02-02-2018 - CA)

Nutrition Distribution, LLC v. Southern Sarms, Inc.

Code of Civil Procedure section 128.51
authorizes a trial
court to award sanctions for bad faith actions or tactics that are
frivolous or solely intended to cause delay. Pursuant to former
subdivision (f) of section 128.5, effective from January 1, 2015
until amended by urgency legislation enacted August 7, 2017
(former subdivision (f)), any such sanctions had to be imposed... More...
   $0 (02-01-2018 - CA)

Michael Catinella v. County of Cook, Illinois Northern District of Illinois Courthouse - Chicago, Illinois

Michael Catinella sued Cook County and its Department of Transportation for firing him under false pretenses in violation of his rights under the Due Process Clause, the Equal Protection Clause, and federal statutory provisions. The circumstances surrounding this event are filled with intrigue. The complaint describes a
2 No. 16-2278
public-bidding process gone awry, an investigation to co... More...
   $0 (01-31-2018 - IL)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

Victoria G. Collins v. Commissioner of Social Security Northern District of Ohio Courthouse - Cleveland, Ohio

Victoria Collin brought suit against the Commissioner of
Social Security to recover moneys she says are “due and owing” as a result of the
Commissioner’s failure, for about a year, to garnish certain benefits paid to her ex-husband. The
district court dismissed the suit on grounds of sovereign immunity. We affirm.
>
No. 17-3733 Collin v. Comm’r of Soc. Sec. Page 2
Collin di... More...
   $0 (01-31-2018 - OH)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

Ernesto Luevano v. The Industrial Commission of Arizona, Elpidio Vega Rangel

¶1 This is a special action review of an Industrial Commission of
Arizona (“ICA”) award and decision upon administrative review finding
Claimant’s injury to be work-related, and thus, a compensable claim. Two
issues are presented on appeal: (1) whether the respondent employee’s
(“Claimant”) injury arose out of and in the course of his employment; and
(2) whether the administrat... More...
   $0 (01-30-2018 - AZ)

STATE OF NORTH CAROLINA v. ARMOND DEVEGA

On 17 November 2008, a Wake County Grand Jury indicted Defendant for two
counts of first-degree murder, one count of attempted first-degree murder, and nine
counts of robbery with a dangerous weapon. After considering several pre-trial
motions, the Wake County Superior Court called Defendant’s case for trial on 24
February 2014. The State called over ninety witnesses. The fo... More...
   $0 (01-30-2018 - NC)

STATE OF NORTH CAROLINA v. ANTHONY WORTH WYRICK RAPE SECOND DEGREE

D.K. was sixteen years old in 1985, and lived with her mother in a Charlotte
apartment. n September 6, 18, while ..s mother was out of town, .., who
was fifteen years old at the time, stayed in the apartment with D.K. At 4:30 a.m.,
they were awakened when the doorbell rang. They spoke with a man named ”Tony‘
through the door, who claimed to be looking for the property manage... More...
   $0 (01-30-2018 - NC)

United States of America v. Gilbert Wayne Wiles, Jr. District of Wyoming Federal Courthouse - Cheyenne, Wyoming

The district judge aptly described this case as one “surrounded in mystery.” (R.
Vol. 2 at 160.) While the exact details remain a mystery, it is no mystery that Gilbert
Wayne Wiles, Jr., and his co-defendant Scott Lewis were up to no good.
* This order and judgment is an unpublished decision, not binding precedent. 10th
Cir. R. 32.1(A). Citation to unpublished decisions is not enco... More...
   $0 (01-30-2018 - WY)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)

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