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Statute of Limitation Law
 
Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD El Paso County Courthouse - El Paso, Texas

Appellants, Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R & D International, appeal from a judgment awarding damages in the amount of $125,775 to Appellee, Alliance Riggers & Constructors, Ltd. (Alliance Riggers).1 We affirm.
FACTUAL SUMMARY
Alliance Riggers has been in operation since 1978, and its business includes crane service as well as pre-cast... More...
   $0 (09-23-2017 - TX)

In the Interest of A.M., a Child Collingworth County Courthouse - Wellington, Texas

R.M., mother of A.M., appeals the order terminating her parental rights. She contends that the evidence is neither legally nor factually sufficient to support the two statutory grounds for termination found by the trial court. Nor does it allegedly support the finding that termination is in the best interest of A.M. We affirm.
Standard of Review – Statutory Ground
The trial court found the... More...
   $0 (09-23-2017 - TX)

Bowie County Courthouse - Texarkana, Texas

In December 2014, Dorothy Johnson applied to be named Independent Administrator of the relatively modest decedent’s estate of Bobby Ray Singleton, who had died apparently without a will and as a still-single widower. In late March 2016, at least in part supported by various affidavits apparently sponsored by Johnson, the County Court at Law of Bowie County entered two orders, one appointing Johnso... More...   $0 (09-23-2017 - TX)

Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er... More...
   $0 (09-23-2017 - TX)

In the Interest of B.B. and A.B., III, children Dallas County Courthouse - Dallas, Texas

Mecca and Michael Elliot, the aunt and uncle of B.B. and A.B., appeal the trial court’s action striking their petition in intervention. In numerous issues, appellants argue, among other things, the trial court erred by striking their petition because they have standing to intervene. The Texas Department of Family and Protective Services (CPS) filed a letter stating it is unopposed to appellants’ p... More...   $0 (09-23-2017 - TX)

Guadalupe Fabian Ramirez v. The Superior Court of Imperial County, The People, Real Party in Interest

Gilbert G. Otero, Imperial County District Attorney, Deborah D. Owen, Assistant
District Attorney, and Martin Albert Gonzalez, Deputy District Attorney, for Real Party
in Interest.
Guadalupe Fabian Ramirez petitions this court for a writ of mandate directing the
superior court to vacate its order extraditing him to Arizona. Ramirez contends he is
mentally incompetent and the co... More...
   $0 (09-23-2017 - CA)

Yehuda Katz v. The Donna Karan Company, LLC Federal Courthouse - Albany, New York

This is the second of two related cases concerning the impact of Spokeo, Inc.
v. Robins, 136 S. Ct. 1540 (2016), as revised (May 24, 2016), on the concrete injury
requirement for establishing Article III standing when a claim alleges only a bare
procedural violation of a statute, here the Fair and Accurate Credit Transactions
Act of 2003 (“FACTA”), Pub. L. No. 108‐159, 117 St... More...
   $0 (09-22-2017 - NY)

United States of America v. David H. Brooks Federal Courthouse - Albany, New York

13 On September 14, 2010, David H. Brooks was convicted in the United
14 States District Court for the Eastern District of New York (Seybert, J.) after a jury
15 trial on multiple counts of offenses relating to securities fraud, mail and wire
16 fraud, and obstruction of justice. He was also convicted of related tax offenses
17 based on his guilty pleas, which occurred after the ju... More...
   $0 (09-22-2017 - NY)

Ann Marie Bergin v. Mentor Worldwide, LLC Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal arises from an allegedly defective surgical mesh implant. The
question to be answered concerns whether under the Texas “discovery rule” a
claim accrues for purposes of starting the applicable statute of limitations period
when a plaintiff knows, or has reason to know, that there is a connection between
her injury and the defendant’s product or whether instead accrual (a... More...
   $0 (09-21-2017 - GA)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

F.E.V., a Minor, etc. v. City of Anaheim

INTRODUCTION
The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

Christopher A. Brown v. LaFerry's LP Gas Co., Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Christopher A. Brown sued LaFerry’s LP Gas Company, Inc. (“LaFerry’s”) for
race discrimination and retaliation in violation of Title VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000e to 2000e-17 (2012). The district court dismissed Brown’s
complaint for failure to state a claim. Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
2
I
Mr. Brown alleges as fo... More...
   $0 (09-19-2017 - OK)

United States of America v. Osage Wind, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This case presents the question whether a large-scale excavation project—
which involved the excavation, modification, and use of rock and soil during the
installation of wind turbines—constituted “mining” under the pertinent federal
regulations that address mineral development on Indian land. When an entity
engages in “mining” of minerals owned by the Osage Nation, a federally app... More...
   $0 (09-19-2017 - OK)

Robert W. Zuniga v. Southwestern Regional Medical Center, Inc. and Michael Thomas, M.D., Maria Ramos, Do.O. and James P. Flynn, M.D. Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Robert W. Zuniga v. Southwestern Regional Medical Center, Inc. and Michael Thomas, M.D.

Issue # 1. Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed By: ZUNIGA, ROBERT W
Filed Date: 07/22/2014
Party Name Disposition Information
Defendant: RAMOS, MARIA DO Disposed: DISMISSED WITHOUT PREJUDICE, 05/18/2015. Dismissed- Settled
Defendant: NADER, DANIEL DO Dispos... More...
   $0 (09-18-2017 - OK)

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)

In re Jesse Barber

At a probation violation hearing, petitioner Jesse Barber
was sentenced to three years in prison, execution suspended, and
continued on formal probation on the condition that he serve 365
days in jail. After his remand to the custody of the Los Angeles
Sheriff’s Department (the sheriff or sheriff’s department), the
sheriff allowed Barber to complete his jail sentence through a<... More...
   $0 (09-18-2017 - CA)

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)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

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)

Theresia Renee Breen v. Jamie Black; Allyson Black United States Court of Appeals for the Tenth Circuit Denver, Colorado

After contentious divorce and child custody proceedings, Theresia Renee
Breen filed this lawsuit against her ex-husband, Jamie Black, and his wife, Allyson
Black. She raised a variety of claims, including civil stalking, tortious interference
with existing business relations, slander, and libel. The district court entered a
summary judgment in favor of the Blacks on all claims, cit... More...
   $0 (09-15-2017 - WY)

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)

Troy Lambert v. Nutraceutical Corporation Ninth Circuit Court of Appeals - San Francisco, California

Federal Rule of Civil Procedure 23(f) allows a litigant to
seek an interlocutory appeal of a district court’s order
granting or denying class certification. This case is about
whether and when the fourteen-day Rule 23(f) deadline may
be tolled. In a matter of first impression for this court, we
hold that the Rule 23(f) deadline is not jurisdictional, thus
equitable exceptio... 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)

Thomas Wartman v. United Food and Commercial United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Thomas B. Wartman, Victoria’s Market, LLC; Glen Lake’s Market, LLC;
ART, LLC; and Thomas W. Wartman (Plaintiffs) filed suit under 29 U.S.C. § 187.
Plaintiffs alleged that United Food and Commercial Workers Local 653 (the Union)
had engaged in unfair labor practices, in violation of § 8(b)(4) of the National Labor
Relations Act (the Act), 29 U.S.C. § 158(b)(4). Plaintiffs appeal fro... More...
   $0 (09-15-2017 - MN)

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