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Real Property Law
 
Robert J. Johnson v. Oscar O. Tena and Michael Garcia

Two years after a vehicle accident in Midland, Robert J. Johnson sued Oscar
O. Tena, the owner of a pickup that was involved in that accident. Johnson alleged
that he had sustained bodily injuries and property damage in the accident. Five
months after the limitations deadline had expired, Johnson sued Michael Garcia,
Tena’s nephew, who was the driver of Tena’s pickup at the time of... More...
   $0 (06-08-2017 - )

WG&D Masonry, LLC v. Long Island's Finest Homes, LLC

WG&D Masonry, LLC, a Texas company, sued Long Island’s finest Homes, LLC, a New York company, in Texas for breach of contract and other causes of action in connection with two leases of short term rental homes in New York and the subsequent withholding of the security deposit for the first lease. Long Island filed a special appearance. After both parties responded multiple times, attaching affidav... More...   $0 (06-08-2017 - TX)

Gary Spivey, Owner of America's Choice Roofing and AmChoice, LLC dba America's Choice Roofing v. Joann Goodwin

In four issues, appellants, Gary Spivey, owner of America’s Choice Roofing, and AmChoice, LLC, challenge the trial court’s judgment. Specifically, appellants contend that the trial court erred by: (1) failing to award judgment for appellants under a written contract with appellee, Jo Ann Goodwin; (2) granting relief on a theory of breach of implied warranty that was not pleaded or supported; (3) f... More...   $0 (06-08-2017 - TX)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

Robert Caron and Sujata Kimberly Caron v. Stephen A. Smaby and Shelley A. Greene

Appellants, Robert Caron and Sujata Kimberly Caron (collectively, the “Carons”), challenge the trial court’s judgment, entered after the trial court granted a series of summary judgments, in favor of appellees, Stephen A. Smaby and Shelley L. Greene (collectively, the “Smabys”), on the Carons’ claims for breach
2
of contract and specific performance and the Smabys’ counterclaims for breach... More...
   $0 (06-08-2017 - TX)

In Re: Zoloft (Sertraline Hydrochloride) Product Liability Litigation

This case involves allegations that the anti-depressant drug Zoloft, manufactured by Pfizer, causes cardiac birth defects when taken during early pregnancy. In support of their position, plaintiffs, through a Plaintiffs’ Steering Committee (PSC), depended upon the testimony of Dr. Nicholas Jewell, Ph.D. Dr. Jewell used the “Bradford Hill” criteria1 to analyze existing literature on the causal conn... More...   $0 (06-08-2017 - PA)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-08-2017 - CA)

United States of America v. Dwight Horton

Dallas, TX - Former ICE HSI Employee Ordered to Pay $36,000 for Theft of Government Property

Dwight Horton, 51, a former Mission Support Specialist (MSS) with U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Dallas, was sentenced by U.S. District Court Judge Ed Kinkeade.

According to documents filed in the case, the investigation began i... More...
   $0 (06-07-2017 - TX)

George McKnight v. John Moss

George McKnight appeals the trial court’s grant of summary judgment in favor of John Moss. In a single issue, he contends that Moss did not present legally sufficient evidence in support of his motion for summary judgment. We reverse and remand.
BACKGROUND
McKnight owned a piece of property in Anderson County, Texas. When his property taxes became delinquent, Anderson County foreclosed. Mo... More...
   $0 (06-07-2017 - TX)

Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
   $0 (06-07-2017 - CO)

United States of America v. Shalom Lamm Federal Courthouse - White Plaines, New York

New York, NY - Shalom Lamm Pleads Guilty In White Plains Federal Court To Conspiracy To Corrupt The Electoral Process In Bloomingburg

SHALOM LAMM pled guilty to conspiracy to corrupt the electoral process, in connection with an election in Bloomingburg, New York.

Acting Manhattan U.S. Attorney Joon H. Kim said: “As he has now admitted, Shalom Lamm conspired to advance his real e... More...
   $0 (06-07-2017 - NY)

The People of the State of Colorado v. Priscilla Ann Rock Supreme Court of the State of Colorado

Priscilla Rock was charged with one count of second degree burglary, as
proscribed at section 18-4-203(1), C.R.S. (2016), and one count of theft, as proscribed at
section 18-4-401(1)(a), C.R.S. (2016), both arising from the same incident.1 She was
convicted on both counts and sentenced to concurrent two-year terms of probation.
¶4 The evidence at trial indicated that at some p... More...
   $0 (06-07-2017 - CO)

Chad Dockter v. The State of Wyoming SUPREME COURT, STATE OF WYOMING

Viewing the evidence in a light most favorable to the State and resolving any evidentiary conflicts in its favor, see Barrowes v. State, 2017 WY 23, ¶ 3, 390 P.3d 1126, 1126 (Wyo. 2017), the pertinent facts established at trial are as follows. Appellant and the victim Amanda Yearsley dated for six months before Ms. Yearsley ended the relationship in May 2015. Ms. Yearsly then met with Appellant ... More...   $0 (06-07-2017 - WY)

Jacobs D. Williams v. Craig Alan Anderson, Quinn Zite and Anderson Zite, LLC Utah Appellate Courts

¶1 In this interlocutory appeal, plaintiff Jacob D. Williams appeals the district court’s grant of a motion in limine preventing him from presenting damages-related evidence at trial. Challenging the basis for the court’s ruling, Williams contends that he adequately disclosed “a computation of any damages claimed” for purposes of rule 26 of the Utah Rules of Civil Procedure when he disclosed that ... More...   $0 (06-07-2017 - UT)

United States of America v. Brett J. Williamson

Brett Williamson was charged with and convicted of various child
pornography offenses. Prior to trial, it came to light that his defense counsel and
the prosecutor trying the case had a history together: they were divorced and
shared custody of their child. For that and numerous other reasons, Williamson
asked for new counsel, his third, but the district court denied his request. H... More...
   $0 (06-07-2017 - KS)

Janet Pecher v. Owens-Illinois, Inc., et al.

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o... More...
   $0 (06-07-2017 - WI)

United States of America v. City of Des Plaines, Illinois

Chicago, IL - Justice Department and City of Des Plaines, Illinois Settle Lawsuit Over Alleged RLUIPA Violations

The Justice Department today announced an agreement with the City of Des Plaines, Illinois, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied a rezoning application to allow The Society of Amer... More...
   $0 (06-07-2017 - IL)

Williams and Fickett v. County of Fresno

As a general rule, a party must exhaust available administrative remedies as
a prerequisite to seeking relief in the courts. “In the property tax context,
application of the exhaustion principle means that a taxpayer ordinarily may not
file or pursue a court action for a tax refund without first applying to the local
board of equalization for assessment reduction under [Revenue and... More...
   $0 (06-07-2017 - CA)

Hough Oilfield Service, Inc. d/b/a Hotco v. Randall Newton and Linda Newton

¶1 Appellant Hough Oilfield Service, Inc., appeals a trial court order dismissing its suit against Appellees Linda Newton and Randall Newton. After review, we affirm the dismissal as to Randall Newton, reverse the dismissal as to Linda Newton, and remand for further proceedings consistent with this Opinion.

FACTS AND PROCEDURAL BACKGROUND

¶2 While employed with Appellant, Linda e... More...
   $0 (06-06-2017 - OK)

United States of America v. Christina Renee Caveny

Dallas, TX - Dallas Woman Pleads Guilty For Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Christina Renee Caveny, 37, of Dallas, appeared in federal court U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud.

Caveny faces a maximum statutory penalty of five years in feder... More...
   $0 (06-06-2017 - TX)

United States of America v. Albert Shih-Der Chang

Dallas, TX - Dallas Technology Company’s Former Lead Systems Engineer Pleads Guilty to Mail Fraud and Money Laundering Charges

Albert Shih-Der Chang, the former Lead Systems Engineer for a Dallas technology company known as One Technologies, appeared in federal court and pleaded guilty, before U.S. Magistrate Judge Paul D. Stickney, to one count of mail fraud and one count of money launde... More...
   $0 (06-06-2017 - TX)

Sara Lowry v. City of San Diego Ninth Circuit Court of Appeals - San Francisco, California

When a burglar alarm in a commercial building was
triggered shortly before 11:00 p.m. on a Thursday night, San
Diego Police Department officers responded. Accompanied
by a police service dog, Bak, the officers inspected the
building and found a door to a darkened office suite propped
open. Unable to see inside the suite, one of the police officers
warned: “This is the San D... More...
   $0 (06-06-2017 - CA)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

UNITED STATES OF AMERICA v. VICTOR OROZCO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Because the argument in support of the validity of the stop of Orozco’s tractor-trailer is intertwined with the administrative scheme that Nevada has adopted to regulate commercial motor vehicles, we begin with a discussion of that regulatory scheme. The Nevada Legislature has charged the Nevada Transportation Authority with regulation of motor carriers such as the tractor-trailer driven by Orozc... More...   $0 (06-06-2017 - NV)

UNITED STATES OF AMERICA v. JESUS PIMENTEL-LOPEZ Pimentel-Lopez Gets 20 Years For Trafficking Ten Pounds Of Meth

A jury convicted Defendant Jesus Pimentel-Lopez of possessing methamphetamine, with intent to distribute it, and conspiracy to accomplish the same. The jury found specifically that the government had proved its case beyond a reasonable doubt with respect to less than 50 grams of methamphetamine. The sentencing judge, though, found that the government had proved by a preponderance of the evidence... More...   $0 (06-06-2017 - MT)

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