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Declaratory Judgment Law
 
Dwayne Gardner v. The State of Texas



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Chuck Close v. Sotheby's Inc.






In Close v. Sotheby’s, Inc., 894 F.3d 1061 (9th Cir. 2018),
we held that plaintiffs’ claims for resale royalties under the
California Resale Royalties Act (“CRRA”) are expressly
preempted by the 1976 Copyright Act.... More...
   $0 (12-09-2018 - CA)

R. Alexander Acosta v. Melissa W. Cook; Melissa W. Cook & Associates, P.C. and Scott Brian





Defendant-Appellant Scott Brain, a former trustee of the Cement Masons Southern California Trust Funds (the Trust Funds), and Defendants-Appellants Melissa Cook and Melissa W. Cook & Associates, PC (collectively, the Cook Defendants), former counsel to the Trust Funds, a... More...
   $0 (12-09-2018 - CA)

Jerry Hoang v. Bank of America, N.A.





If a creditor fails to make required disclosures under the
Truth in Lending Act (TILA), borrowers are allowed three
years from the loan’s consummation date to rescind certain
loans.1 15 U.S.C. § 1635(f). Borrowers may effect that
rescission s... More...
   $0 (12-09-2018 - WA)

Robert Genisman v. Hopkins Carley

In this legal malpractice action, appellant Robert Genisman alleges his former
attorneys, Hopkins Carley and Mark Heyl (collectively respondents), were negligent in
their representation of him in connection with the 2005 sale of his ownership interest in
two private companies (the Transaction). Genisman alleges the Transaction initially was
structured as a buyout and respondents re... More...
   $0 (12-09-2018 - CA)

Timothy Wayne Smith v. The State of Texas



Aggravated Sexual Assault




In 2011, when S.H. was thirteen years old, she lived with her mother in Lake
Jackson, Texas. Sarah, S.H.’s older sister, and appellant, her husband, lived in
Freeport. App... More...
   $0 (12-08-2018 - TX)

Ralph Jackson Pyle v. The State of Texas





A Tarrant County Grand Jury issued a true bill of indictment, alleging that
appellant, on or about May 28, 2017, “did with the intent to fraudulently obtain a
benefit, present or use a debit card, to-wit: a Wells Fargo debit ... More...
   $0 (12-08-2018 - TX)

Semere Berhe v. The State of Texas



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   $0 (12-08-2018 - TX)

Joseph Allen Urbino v. The State of Texas




Indecency with a Child



In a two-count indictment, appellant was charged with sexually assaulting
A.T. and eight-year-old L.T., who are the daughters of appellant’s sister, Shelley
Valentine. A.T. and... More...
   $0 (12-08-2018 - TX)

Charles Malveaux v. The State of Texas




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On March 31, 2017, Malveaux was convicted of DWI, third offense, a third
degree felony, relating... More...
   $0 (12-08-2018 - TX)

James Stuart, individually and on behalf of all others similarly situated; Careda L. Hood v. State Farm Fire and Casualty Company





State Farm Fire and Casualty Company appeals the district court’s1 ruling
certifying a class of Arkansas homeowners who allege that State Farm improperly
withheld amounts for labor depreciation when making payments under their insurance
policies. We held th... More...
   $0 (12-08-2018 - AR)

Janice Hustvet v. Allina Health System




Janice Hustvet sued her former employer, Allina Health System (“Allina”),
alleging violations of the Americans with Disabilities Act (“ADA”) and the
Minnesota Human Rights Act (“MHRA”), after Allina terminated Hustvet’s
employment for refusing... More...
   $0 (12-08-2018 - MN)

Devon Torrey Love v. State Department of Education

The California Court of Appeal, Second Appellate District recently rejected
various constitutional challenges to Senate Bill No. 277. (Brown v. Smith (2018) 24
Cal.App.5th 1135 [rejecting claims Sen. Bill No. 277 violated four provisions of the
California Constitution: the free exercise of religion, the right to a public education,
equal protection, and substantive due process].) S... More...
   $0 (12-08-2018 - CA)

Abel Diaz Rodriguez v. The State of Texas


Ex-cop gets 3 life sentences for child sex assaults





There is no need to detail the facts of this case. Suffice it to say that,
beginning when his daughter, E.R., was fourteen years... More...
   $0 (12-07-2018 - Te)

Frank Gill v. The State of Texas



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Lawrence S. Brodsky v. Humana Dental Insurance Company, d/b/a Humana Specialty Benefits





These appeals, which we have consolidated
for purposes of disposition, both concern the Federal
Communication Commission’s “Solicited Fax Rule.” Despite
the decline and fall of the fax machine, litigation continues between
fax advertisers and unwilling recipients of their ... More...
   $0 (12-07-2018 - IL)

Craig Strand v. Curtis Minchuk





We consider whether the district court erred at summary judgment in denying qualified im-munity to a police officer who, in the context of an argument and fist fight over parking tickets, shot a semi-truck driver. The officer fired the shot after the driver stopped fighting, stepped back ... More...
   $0 (12-07-2018 - IN)

Theresa Riffey v. Bruce V. Rauner




When this case was last before our
court, we upheld the district court’s decision declining to certify
a class of home health care assistants (“the Assistants”)
who were seeking a refund of the fair-share fees they had paid
to a union for collective-bargaining representation. W... More...
   $0 (12-07-2018 - IL)

CPF Vaseo Associates, LLC v. Bruce W. Gray

Code of Civil Procedure section 128.5 provides the trial court with a mechanism to
sanction certain bad faith actions and tactics.1 Pursuant to a former version of that
section, the trial court ordered CPF Vaseo Associates, LLC (CPF) and its counsel, John
P. Byrne, to pay Bruce W. Gray and Barbara Gray (the Grays) just over $30,000 in fees

Further statutory references are to t... More...
   $0 (12-07-2018 - CA)

Gary A. VanVleet v. State of Indiana




Around 7:45 p.m. on November 20, 2016, Rosalie and Anthony Kepner went
to a bar in Franklin, Indiana, to play darts. Rosalie... More...
   $0 (12-06-2018 - IN)

Timothy Owens a/k/a Timothy Owens Jr. v. State of Mississippi




On May 27, 2015, police officers from the Jackson Police Department responded to
a call about a shooting on Cox Street. When the officers arrived, they discovered the
deceased body of Ruth Williams. ... More...
   $0 (12-06-2018 - MS)

State of New Jersey v. Carlos B. Green




On a late December night in 2014, defendant Carlos B. Green (Green)
struck and killed Billy Ray Dudley (Dudley), who was lying in the road. A
toxicology lab determined Green’s blood alcohol concentration (BAC) to be
0.210% at the time of the accident. Pursuant to N.J.S.A. 3... More...
   $0 (12-06-2018 - NJ)

STATE OF NEBRASKA V. DARNELL L. RUSSELL




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In Russell’s direct appeal, the Nebraska Supreme Court described the c... More...
   $0 (12-06-2018 - NE)

State of Nebraska v. Jason T. Gibson




Gibson was initially charged with first degree sexual assault of a child, a Class IB felony which carries a mandatory minimum sentence of 15 years in prison for the... More...
   $0 (12-06-2018 - NE)

David Haddad v. Randall Gregg



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David Haddad su... More...
   $0 (12-06-2018 - MI)

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