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Remittitur Law
 
Conservatorship of Christopher B

Given the narrow focus of the legal underpinning for the Murphy conservatorship, we do not need to relate the evidence at trial. We draw some of the following facts from our opinion in Christopher B.’s appeal from the first effort to establish a conservatorship over his person and estate. (Conservatorship of Christopher B. (Mar. 6, 2014, C073478) [nonpub. opn.].)
In September 2003, Christo... More...
   $0 (09-28-2015 - CA)

CS Custom Homes, LLC d/b/a Callahan Custom Homes, LLC d/b/a Callahan Homes, LLC and Ervin E. Callahan v. Jessica Nicole W. Stafford

The principal issue in this residential-construction dispute concerns whether the
plaintiff homeowner was entitled to recover “reasonable and necessary costs of repair” that included
out-of-pocket costs paid to a structural engineer to identify construction defects and craft solutions.
On this record, we conclude that she was not.
The plaintiff homeowner, Jessica Nicole W. Stafford... More...
   $0 (09-23-2015 - TX)

Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial
affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  
neighborhood of Brooklyn as ʺ580 Dental, P.C.ʺ  The defendant John Fusto, then 5  
a Special Assistant Attorney General with the MFCU, was assigned to the case, as 6  
was the defendant Jose Castillo, then an ... More...
   $0 (09-13-2015 - NY)

Pointe West Center, LLC v. It's Alive, Inc. and Shamil Qureshi, Individually, and as agent for, It's Alive, Inc.

Pointe West Center, LLC filed suit against its former tenant, It’s Alive, Inc., and the tenant’s guarantor, Shamil Qureshi, for breach of contract. The jury awarded some, but not all, of the claimed damages. The trial court did not award attorneys’ fees to Pointe West. Both sides appealed. In two issues, Pointe West
2
argues the trial court erred by denying its motion for judgment notwiths... More...
   $0 (09-10-2015 - TX)

Summit Media v. City of Los Angeles and CBS Outdoor, LLC

This is the second appeal in a dispute among several outdoor advertising companies and the City of Los Angeles over certain billboards with digital displays. In the first appeal, we affirmed the trial court’s finding that a settlement agreement between two of the companies and the City, allowing the companies to digitize many of their existing billboards, was illegal and void, because a municipal ... More...   $0 (09-08-2015 - CA)

Auffret v. Capitales Tours

The facts and procedural history underlying the ruling now before us were described in our previous opinion (Auffret v. Capitales Tours, S.A., (Apr. 24, 2013, H037551) [nonpub. opn.], (Auffret I)) and need be only briefly summarized here. The accident that led to this litigation occurred on April 28, 2009, on Highway 101 in Monterey County. While driving across a bridge the bus operator, John Eg... More...   $0 (08-21-2015 - CA)

Chodos v. Borman

Attorney represented client “in two divorce cases and a related Marvin[ ] action without a statutorily required written hourly or contingency fee agreement, [and thereafter] sued his client [in a quantum meruit action] for the reasonable value of the services he rendered in the three cases.” (Chodos I, supra, 227 Cal.App.4th at p. 82). The jury awarded attorney $7.8 million by special verdict, f... More...   $0 (08-19-2015 - CA)

STATE OF SOUTH DAKOTA v. JOHN T. PENTECOST

On April 19, 2012, Lisa Sea contacted law enforcement to report that
her ex-husband John Pentecost was in her home uninvited. Pentecost told Sea, via
text message, that he was in her residence and had changed the locks. Sea and
Pentecost had shared the residence prior to their divorce in April of 2011. Sea
advised police that Pentecost had not lived in the home for over a ye... More...
   $0 (08-13-2015 - SD)

Brown v. Office of the Commissioner of Probation

This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment
2
under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney's fees and costs, or whether sovereign immunity bars such interest.1 The statutes relevant to the issue, inclu... More...
   $0 (08-04-2015 - MA)

Orson D. Munn, III v. The Hotchiss School

Cara Munn and her parents brought suit against the Hotchkiss
School after Munn contracted tick‐borne encephalitis on a schoolorganized
trip to China. At trial, a jury found Hotchkiss negligent and
awarded the Munns $41.5 million in damages, $31.5 of which were noneconomic
damages. On appeal, the school argues that it did not have a
legal duty to warn about or protect agai... More...
   $0 (08-03-2015 - CT)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

Diamond Offshore Services Limited and Diamond Offshore Services Company v. Willie David Williams

In this Jones Act case, Willie David Williams sued Diamond Offshore Services Limited and Diamond Offshore Services Company (collectively, “Diamond Offshore”) for negligence and unseaworthiness arising out of an
2
incident in which Williams allegedly injured his back while trying to repair a piece of machinery on board an offshore oil rig owned and operated by Diamond Offshore. The trial co... More...
   $0 (07-21-2015 - TX)

State of Georgia v. Jamie Hood

Atlanta, GA - The State of Georgia charged Jamie Hood with first-degree murder for killing Athens-Clark County police officer Elmer "Buddy" Charistian in March 2011, killing public employee Omar Wray three months earlier and numerous other felonies.

Court docket entries:

Charge # Violation code Offense Offense Date Disposed On Disposition Method Disposition Stage Arrest Date Fel... More...
   $0 (07-21-2015 - GA)

The People v. Daryl Lee Johnson

This case presents an issue of first impression: In fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady
2
v. Maryland (1963) 373 U.S. 83 (Brady), is the prosecution entitled to direct access to peace officer personnel files? In this consolidated writ proceeding, petitioners the San Francisco District Attorney and the San Francisco... More...
   $0 (07-06-2015 - TH)

Michelle Falk v. Children's Hospital Los Angeles

The trial court granted summary judgment in favor of defendant and respondent Children’s Hospital Los Angeles (Children’s Hospital or the hospital) and against plaintiff and appellant Michelle Falk on the ground her wage and labor claims were time-barred. The court rejected Falk’s argument the filing of a prior class action tolled her limitations periods, under American Pipe & Construction C... More...   $0 (06-24-2015 - CA)

Keely Maroney v. ASAF Iacobsohn

This appeal principally concerns the jurisdictional deadlines for noticing and ruling on a motion for new trial under Code of Civil Procedure1 sections 659 and 660. Specifically, we must decide whether service of notice of entry of judgment by the party moving for new trial triggers the statutes’ jurisdictional deadlines. We hold that it does not.
The appeal arises from a rear end automobile... More...
   $0 (06-04-2015 - CA)

Jose Robles v. Employment Development Department

This controversy—which involves the wrongful denial of unemployment
compensation benefits—began in January 2010 because of a pair of shoes. More than
five years later, appellant Employment Development Department (EDD or the
Department) continues to refuse to award Jose Robles (Robles) the benefits to which he
would have been entitled absent the Department’s error, this despit... More...
   $0 (05-05-2015 - CA)

The People v. Beatrice Brothers

A jury convicted Beatrice Brothers of voluntary manslaughter, a lesser included offense of murder, and found true the special allegation she had personally used a deadly and dangerous weapon. On appeal Brothers contends the court erred in failing to instruct the jury sua sponte on involuntary manslaughter. She also contends there is insufficient evidence to support the jury’s verdict. We affirm.... More...   $0 (04-21-2015 - CA)

State of Georgia v. Beverly Hall, et al.

Atlanta, GA - The State of Georgia charged Tabeeka Jordan and 9 others were charged with racketeering, making false statements, theft and false swearing. The State asserted by Beverly Hall, the 2009 recipient of the Superintendent of the Year at the American Association of School Administrators, and 34 other educators committed various felonies by cheating in various ways to make the scores made... More...   $0 (04-02-2015 - GA)

Ellen Pao v. Kleiner Perkins Caufield & Byers

San Francisco, CA - Ellen Pao sued Kleiner Perkins on a civil rights violation theory claiming that she was discriminated against at work because of her gender and then retaliated against when she complained. She claimed that Kleiner Perkins discriminated against her because of her gender by failing to promote her and/or by terminating her employment. She claimed that Kleiner Perkins retaliated ag... More...   $0 (03-27-2015 - CA)

Daniel William Bean v. Pacific Coast Elevator Corporation

Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific Coast), ran his vehicle into appellant Daniel William Bean's truck while Bean was stopped at a red light. Bean suffered serious injuries as a result of the accident and sued Pacific Coast. A jury found Pacific Coast negligent and awarded Bean $1,271,594.74 in damages, including $126,594.74 in economic damages, and $1... More...   $0 (03-10-2015 - CA)

Pilgrim's Pride Corporation v. Judy Mansfield

On February 26, 2015, we issued our original opinion in this case, conditionally affirming the trial court’s judgment and suggesting a remittitur of $30,000.00 from the final judgment issued by the trial court. See Tex. R. App. P. 46.3. We further provided that if the appellee, Judy Mansfield, filed a remittitur within fifteen days from the date of our opinion, we would reform the trial court’... More...   $0 (03-05-2015 - TX)

The People v. Israel O.

Israel O. was born in Mexico and is not a United States citizen. He was adjudged
a ward of the juvenile court as a result of admitting a misdemeanor violation of Penal
Code section 496, subdivision (a). Israel requested that the court make the factual
findings that would qualify him for special immigrant juvenile (SIJ) status under federal
law (8 U.S.C. § 1101(a)(27)(J); hereafter... More...
   $0 (01-16-2015 - CA)

The People v. Leonard Eldyn Oemhigen

In January 2013, defendant Leonard Eldyn Oehmigen filed a petition for the recall of his April 1998 indeterminate life sentence pursuant to Penal Code section 1170.126.2 The statute, enacted as part of a November 2012 initiative measure, provides retrospective relief under narrow criteria from indeterminate life sentences imposed for recidivism. Defendant alleged that he was eligible for resentenc... More...   $0 (12-05-2014 - CA)

Bonnie Izell v. Union Carbide Corporation

Union Carbide Corporation appeals from a judgment entered in favor of Plaintiffs Bobbie Izell and Helen Izell on claims for personal injuries and loss of consortium stemming from Mr. Izell’s alleged exposure to Union Carbide asbestos and subsequent diagnosis with mesothelioma. After a four-week trial the jury returned special verdicts finding Union Carbide 65 percent comparatively at fault for P... More...   $0 (11-21-2014 - CA)

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