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Tortious Interference Law
 
Chinatown Neighborhood Association v. Kamala Harris

San Francisco, CA - California’s “Shark Fin Law” makes it “unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin” in the state. Cal. Fish & Game Code § 2021(b). The plaintiffs in this action claim that the Shark Fin Law violates the Supremacy Clause by interfering with the national government’s authority to manage fishing in the ocean off the California coast, ... More...   $0 (07-26-2015 - CA)

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church
from contractual liability when the subject contract does not implicate church
doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s
grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction
and motions for summary judgment. Concluding that the Church is not ... More...
   $0 (07-26-2015 - TX)

Rory Dolan v. William J. Connolly

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(... More...
   $0 (07-23-2015 - NY)

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)

Dolan v. Connolly, et al

We draw the following facts, which we assume “to be true for purposes of 13  
our de novo review of the district court’s grant of defendants’ motion to dismiss,” 14  
from the plaintiff’s complaint. See Ricci v. Teamsters Union Local 456, 781 F.3d 25, 15  
26 (2d Cir. 2015). 16  
Dolan served as an ILC representative at Fishkill for two terms. On the ILC 17  
Dolan advocated “f... More...
   $0 (07-23-2015 - )

Tamco Pork II v. Heatland Co-Op and PRo Build, LLC

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...
   $0 (07-22-2015 - IA)

Mirum Navarrete v. Hayley Meyer

On November 26, 2009, Meyer was the front passenger in a vehicle driven by her
friend Brandon Coleman. Another person, Levi Calhoun, was in the back seat. While
driving to a nearby drugstore, Meyer told Coleman to turn onto Skyview Drive as a
shortcut. Skyview Drive is a residential street with a 25 mile-per-hour speed limit.
Meyer had been on Skyview Drive many times befor... More...
   $0 (07-22-2015 - CA)

Bertha Mae Huff v. Carol Shaw

This case requires us to consider whether a person who listens to
and subsequently electronically records a conversation from an inadvertent “pocket-dial” call1
violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et
seq. (Title III). James Huff inadvertently placed a pocket-dial call to Carol Spaw while he was
on a business trip in Italy. S... More...
   $0 (07-21-2015 - KY)

Yigal Bosch v. Frost National Bank

This is the second appeal arising from a dispute between Frost Bank and Yigal Bosch regarding several defaulted business loans. We dismissed Bosch’s first appeal because there was no final judgment in the case at that time. Bosch v. Frost Nat’l Bank, No. 01-13-00190-CV, 2013 WL 1932138 (Tex. App.—Houston
2
[1st Dist.] May 9, 2013, no pet.) (mem. op.). The trial court has since issued a fin... More...
   $0 (07-21-2015 - TX)

Bertha Mae Huff v. Carol Spaw

James Huff was Chairman of the Kenton County, Kentucky, Airport Board (Airport Board), which oversees the Cincinnati/Northern Kentucky International Airport (CVG). In October 2013, he traveled to Bologna, Italy with his wife, Bertha Huff, and with Airport Board Vice Chairman Larry Savage to attend a business conference. Carol Spaw worked at CVG as Senior Executive Assistant to the airport’s CEO,... More...   $0 (07-21-2015 - KY)

RAYMOND ORRAND v. SCASSA ASPHALT, INC.,

Scassa Asphalt is an Ohio company engaged in performing asphalt work primarily for small municipalities. Nicholas “Nick” Scassa, the company’s President, and his brother, Ettore Scassa, handled most of the work with the help of a few laborers.
Scassa Asphalt alleges that, in February 2009, it experienced work interference from the local laborers’ union. Mike Kramer, who served as the local... More...
   $0 (07-21-2015 - )

United States of America v. John Henry Snyder, II

John Snyder was stopped for a traffic offense and, upon approaching the
vehicle, the investigating officer smelled the odor of burnt marijuana. Officers
then searched his car and discovered a firearm under the driver’s seat, which
Snyder admitted was his. Snyder was convicted for unlawful possession of the
firearm and because of a number of previous felony convictions, received aMore...
   $0 (07-21-2015 - OK)

United States of America v. Brian James Lindsey

COEUR D'ALENE, ID - Brian James Lindsey, 25, of Spokane Valley, Washington, pleaded guilty on July 20, 2015, to 13 counts of interference with commerce by robbery, U.S. Attorney Wendy J. Olson announced. Lindsey was indicted by federal grand juries in four states between January and April of 2015.

According to the plea agreement, Lindsey admitted that in October of 2014, he began a robbe... More...
   $0 (07-20-2015 - ID)

State v. Evan Reece

Officers responded to defendant’s home to investigate a
dropped 9-1-1 call. When the officers announced their intention
to enter defendant’s home without a warrant, defendant attempted
to block their entry and a struggle ensued. After being
subdued, defendant was arrested and charged with two counts of
simple assault, N.J.S.A. 2C:12-1(a)(1); one count of resisting
... More...
   $0 (07-20-2015 - NJ)

United States of America v. John Watson, Jr.

Following his arrest for firing a handgun at a Coast Guard helicopter, appellant John Watson, Jr. (“Watson”), who suffers from Delusional Disorder, Persecutory Type, was found incompetent to stand trial and committed to the custody of the Attorney General for mental health treatment and evaluation. After Watson refused to take antipsychotic medication in order to render himself competent, the dis... More...   $0 (07-18-2015 - )

FRANCIS BRAUNER v. SHIRLEY COODY

Plaintiff Francis Brauner is a paraplegic incarcerated at the Louisiana State Penitentiary in Angola. Brauner resides in the R. E. Barrow Treatment Center, which is staffed at all times by doctors, nurses, and medical orderlies. A physician medical director oversees treatment and an assistant warden oversees the facility. Brauner’s immobility has led to the development of decubitus ulcers, more... More...   $0 (07-18-2015 - )

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this “low tar” tobacco case centers on a
jury’s award of punitive damages to plaintiff against defendant
Phillip Morris USA, Inc. (Philip Morris). Following a
trial in 2002, the jury awarded plaintiff $168,514 in compensatory
damages and $150 million in punitive damages.1
However, concluding that the trial court had not properly
instructed the jury on the issue... More...
   $0 (07-18-2015 - OR)

Francis Brauner v. Shirley Coody

A disabled Louisiana inmate sued several of his doctors and jailers, claiming they were deliberately indifferent to his serious medical condition in violation of the Eighth Amendment’s prohibition on cruel and unusual punishment. The district court held perfunctorily that there was a genuine issue of material fact and denied qualified immunity, rejecting the magistrate judge’s contrary recommendat... More...   $0 (07-17-2015 - LA)

Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha... More...
   $0 (07-17-2015 - ND)

Teresa Witthar v. United States of America

Teresa Witthar petitioned for relief under 28 U.S.C. § 2255, arguing that she
was denied effective assistance of counsel when her attorney failed to file a requested
notice of appeal. The district court denied Witthar’s petition on the merits without
an evidentiary hearing. We reverse and remand.
Witthar pleaded guilty to conspiracy against rights, obstruction of justice, and
i... More...
   $0 (07-17-2015 - MO)

Sensational Smiles LLC DBA Smile Bright v. Dr. Jewel Mullen et al.

2 The question in this case is whether a Connecticut rule restricting the
3 use of certain teeth‐whitening procedures to licenced dentists is unconstitutional
4 under the Due Process or Equal Protection Clauses. Because we conclude that
5 there are any number of rational grounds for the rule, we affirm the judgment of
6 the District Court.
7 BACKGROUND
8 Under Connect... More...
   $0 (07-17-2015 - CT)

STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

Philip Morris USA, Inc. v. Beatrice Sholnick

In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies—Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a... More...
   $0 (07-15-2015 - FL)

J.A. CARR v. RONALD A. ROSIEN et al.

John Carr filed a prior quiet title action against Earnest Ortiz and Anna Colón. In
connection with that action, he recorded a lis pendens. However, he did not mail the lis
pendens to either Ortiz or Colón; instead, he filed a declaration that their addresses were
unknown. He also did not examine the county assessor‟s roll, which would have shown
that Ortiz and Colón h... More...
   $0 (07-15-2015 - )

PREDATOR INTERNATIONAL, INC. v. GAMO OUTDOOR USA, INC.

Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe... More...
   $0 (07-15-2015 - )

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