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Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...
   $0 (09-21-2018 - CA)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

This matter was remanded from the Louisiana Supreme Court for the
determination of just compensation for the Violet Dock Port’s expropriated
property.1 Over several years, St. Bernard Port (“the Port”) negotiated with Violet
Dock Port (“VDP”) for the purchase of its property along the Mississippi River
(“the Property”). After negotiations failed, the Port instituted expropria... More...
   $0 (09-14-2018 - LA)

William Hatcher v. MDOW Insurance Company Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

William Hatcher appeals following an adverse jury verdict on his claim seeking
additional insurance benefits for smoke and fire damage at his home. He argues the
district court misinterpreted his insurance policy as an actual-cash-value policy rather
than a replacement-cost policy. In addition, he raises an evidentiary issue, arguing the
district court improperly prevented him from... More...
   $0 (09-10-2018 - AR)

Suzanne J. Black v. City of Rancho Palos Verdes

The appellants (landowners) own eight lots in an area of
Rancho Palos Verdes that is the subject of a 1978 building
moratorium based on the resurgence of an ancient landslide.1 In
the trial court, the landowners sought relief from the building
moratorium and damages for inverse condemnation primarily on
the basis of our opinion in Monks v. City of Rancho Palos Verdes
(2008)... More...
   $0 (09-10-2018 - CA)

Ray K. Haynes v. Indiana University Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Ray Haynes was employed as an as-sistant professor in the Department of Education at Indiana University. At the end of his six-year probationary contract, he lost his bid for tenure. Haynes, who is black, alleges that the University denied his tenure application because of his race in violation of federal law. The district judge entered summary judgment for the University and we affirm. The judge’... More...   $0 (09-07-2018 - IN)

Jared Mackensie Monroe v. The State of Texas

Viewing the evidence presented at the suppression hearing in the light most favorable to the trial court’s ruling, the evidence showed that, on December 31, 2013, Officer Mary Guitar and her trainee, Officer Reese Brown, were patrolling a business area in Abilene. Officer Guitar had been a patrol officer with the Abilene Police Department for about seven years. After leaving a nearby 7-Eleven st... More...   $0 (09-02-2018 - TX)

Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...   $0 (09-02-2018 - TX)

Mickey Fowler v. Tracy Guerin Western District of Washington Federal Courthouse - Seattle, Washington

Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conclude... More...   $0 (08-19-2018 - WA)

Carolyn Staats v. Vintner's Golf Club, LLC

Plaintiff Carolyn Staats nearly died after being attacked by a swarm of yellow
jackets while playing golf on a Yountville course operated by Vintner’s Golf Club, LLC
(Club). She sued the Club for general negligence and premises liability, but the trial
court granted summary judgment against her on the basis that the Club owed no duty to
protect its patrons from yellow jackets that ... More...
   $0 (08-05-2018 - CA)

Mary E. Jones v. Danita Sorenson

Despite the prevalence of “do-it-yourself” manuals and television shows, most
homeowners eventually decide that some home repairs or maintenance would best be
done by hiring someone to do the work. Inevitably, some workers are injured. There are
sometimes confusing rules about when a homeowner is liable for injuries to workers on
the property, either in tort or under the workers’ c... More...
   $0 (08-03-2018 - CA)

Oscar Peredia v. HR Mobile Services, Inc.

This appeal addresses the circumstances under which a safety consultant retained
by a California employer owes a duty of care to the employer’s workers. California
recognizes the common law theory of negligent undertaking, which is described in
section 324A of the Restatement Second of Torts (section 324A). Our Supreme Court set
forth the five elements of a negligent undertaking ca... More...
   $0 (07-31-2018 - CA)

California Water Impact Network v. County of San Luis Obispo, Justin Vinyards and Winery, LLC

The County of San Luis Obispo (County) issues well
permits without conducting a California Environmental Quality
Act (CEQA) review. Appellant California Water Impact Network
petitioned for a writ of mandate to compel County to comply with
CEQA. County asserted that well permits are ministerial actions
2
exempt from CEQA. The trial court agreed with County and
dismissed... More...
   $0 (07-30-2018 - CA)

UNITED STATES OF AMERICA v. WARREN CHARLES GREEN, IV

This case involves three separate traffic stops, all performed by Pennsylvania State Trooper Michael Volk, that are arguably relevant to Green’s constitutional claims. As a drug interdiction officer, Volk’s duties largely consist of traveling on the Pennsylvania Turnpike in an unmarked cruiser to search for drugs, money, and weapons. Each of the stops occurred on the Turnpike in the vicinity of So... More...   $0 (07-27-2018 - PA)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

STATE OF LOUISIANA VERSUS JUAN SALINAS Fifth Circuit Court of Appeal

Defendant, Juan Salinas, was arrested on February 1, 2015, along with
defendant, Lance Cowans. On March 12, 2015, the St. Charles Parish District
Attorney filed a bill of information charging defendant with possession with intent
to distribute marijuana in violation of La. R.S. 40:966(A)(2). On April 7, 2015,
defendant was arraigned and entered a plea of not guilty. On Febru... More...
   $0 (07-13-2018 - LA)

STATE OF LOUISIANA VERSUS LANCE COWANS

Defendant, Lance Cowans, was arrested on February 1, 2015, along with
Juan Salinas. Defendant was charged with possession of more than sixty but less
than two thousand pounds of marijuana in violation of La. R.S. 40:966(F) (count
one), and possession of Schedule II controlled dangerous substances3 in violation
of La. R.S. 40:967(C) (count three).4 On April 7, 2015, defendant ... More...
   $0 (07-12-2018 - LA)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

STATE OF MONTANA v. CHRISTOPHER JAMES MICHELOTTI

In the early evening of May 11, 2014, Valerio Resendiz (Valerio), Valerio’s
friend, Garrick Gonzales (Gonzales), and Valerio’s girlfriend, Sabre Dillon (Dillon),
drove to Daniel Lira’s (Lira) house in Billings, Montana. Dillon remained in the vehicle
while Valerio and Gonzales stepped inside. Inside Lira’s house, Valerio and Gonzales
saw Lira and met Michelotti for the first t... More...
   $0 (06-28-2018 - MT)

STATE OF OHIO -vs- IVAN J. SMITH

The relevant facts and procedural history are as follows:
{¶4} On July 13, 2016, Muskingum County Sheriff’s dispatch received a
complaint about the odor of marijuana coming from the residence located at 128 Hamline
Ave., Zanesville, Ohio. The complaint also stated that the occupants at the residence
were trafficking in drugs.
{¶5} Colleena Johnson ("Colleena") and Appella... More...
   $0 (06-19-2018 - OH)

Michele Cole v. Historic Mission Inn Corporation

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...
   $0 (06-18-2018 - CA)

In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2013 in Sumner County, Kansas

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

JIM A. CARTER, JR., LOGGING, LLC, AND JAMES A. CARTER, JR. V. FIRST NATIONAL BANK OF CROSSETT

James A. Carter, Jr. (James), formed Jim A. Carter, Jr., Logging LLC (Carter
Logging), with James as its sole member. Carter Logging entered into two loan agreements
1 This is the second time this case has been before us. We initially remanded it back to settle the record and ordered rebriefing. Jim A. Carter, Jr., Logging, LLC v. First Na... More...
   $0 (06-02-2018 - AR)

Elias Arteaga-Roman v. The State of Texas Aggravated sexual assault of a child

The indictments alleged that Arteaga-Roman intentionally or knowingly
caused the sexual organ of K.A., a child younger than fourteen, to “contact and/or
penetrate” his mouth, penetrated K.A.’s sexual organ by inserting his hand and
intentionally or knowingly caused bodily injury to D.B., a child younger than
fourteen, “by applying pressure to D.B.’s nose with a cloth or similar... More...
   $0 (05-31-2018 - TX)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

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