Eminent Domain Law
 
STATE OF MONTANA v. WYJOSHUA WAYNE STRONG

In August2012, Strong was charged with four counts of partner or family member
assault against his wife, Jessica, and their minor child. Strong pleaded guilty to two
misdemeanor charges of partner or family member assault and one felony charge of
partner or family member assault. He was incarcerated at the Dawson County Detention
Center pending sentencing. On August 10, Jess

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APPALACHIAN LAND COMPANY v. EQT PRODUCTION COMPANY

The extraction of natural gas is a capital intensive process involving
various technologies and extraction methods. After extraction, the gas is
cleaned, stored, and subsequently transported to other sites through various
pipelines. Often after additional cleaning, refining, and processing, the gas is
eventually sold at a hub location. The severance tax is remitted at this poin

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Salvador Reza v. Russell Pearce

In this § 1983 action, Salvador Reza alleges that Arizona
State Senator Russell Pearce violated his constitutional rights
when he ordered Reza removed, and barred, from the Arizona
Senate building (the Building) at the state capital. Reza
contends that Senator Pearce targeted him because of his
public criticism of the senator, and because of Reza’s
Mexican heritage. Sena

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Netsphere, Inc., et al v. Jeffrey Baron

As a general rule, the courts of appeals have jurisdiction only over the final decisions of the district courts. There are certain exceptions and qualifications to that principle, however. In this case we must decide whether any of them allow us to review several district court orders which, pursuant to the mandate of an earlier decision of our court, awarded fees to a receiver before final judg

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Detroit Free Press, Inc. v. United States Department of Justice

Detroit Free Press v. United States Department of Justice, 73 F.3d 93
(1996) (Free Press I), held that the Freedom of Information Act requires government agencies to
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14-1670 Detroit Free Press, Inc. v. USDOJ Page 2
honor requests for the booking photographs of criminal defendants who have appeared in court
during ongoing proceedings. Despite that holding, the United States Ma

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United States of America v. Matthew Norman Simpson

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of i

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Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in ot

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TOBIAS BERMUDEZ CHAVEZ, et al., v. DOLE FOOD COMPANY, INC., et al.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
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the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought p

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Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes

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JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and

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Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
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Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reason

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CASTAIC LAKE WATER AGENCY v. NEWHALL COUNTY WATER DISTRICT et al.,

On March 8, 2013, Newhall posted a “Notice and Agenda of Regular Meeting of the Board of Directors of Newhall County Water District,” notifying the public that the Newhall Board planned to hold a regular meeting on March 14, 2013. The March 8, 2013 notice and agenda, inter alia, contained Item H, which provided: “CLOSED SESSION [¶] 1. Conference with Legal Counsel pursuant to Governmen

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Leroy Haeger v. The Goodyear Tire & Rubber Company

On November 8, 2012, after a six-hour evidentiary
hearing, and after considering the record in the case and
fifteen briefs filed by the potentially-sanctionable parties,
then-Chief United States District Judge Roslyn O. Silver, of
the United States District Court for the District of Arizona,
handed down a sixty-six-page order (Order) imposing
sanctions ultimately calculated

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Peter Nalasco v. Buckman, Buckman & Reid, Inc.

This is an appeal from a $22,000 attorney’s fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others,

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In the Interest of L.L.W., S.Y.W. and L.D.L., children

Appellant mother (“Mother”) appeals from a trial court’s order terminating her parental rights. The Texas Department of Family and Protective Services (“the Department”) moved to terminate Mother’s parental rights on numerous grounds. See TEX. FAM. CODE ANN. §§ 161.001(A)–(G), (I)–(K), (N)–(R), 161.003 (West 2014). After a hearing, the trial court found Mother’s parental righ

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EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

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State of Oklahoma, ex rel., Department of Transportation v. Marshall J. Farr, et al.

Claremore, OK - State of Oklahoma, ex rel., Department of Transportation sued Marshall J. Farr and Vicki R. Farr, husband and wife, Bank of the Lakes, O'Reilly Auto Parts, the City of Catoosa, The Rogers County Treasurer and Cherokee Nation Enterprises, LLC on eminent domain seeking to obtain by condemnation certain rights, title and interests real property owned or in which the defendants had som

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Stacy Cox v. First National Bank

Stacy A. Cox sued First National Bank of Omaha for gender discrimination
under Title VII of the Civil Rights Act of 1964, after the Bank promoted a male
employee over Cox to Senior Vice President of Operations. The district court1
The Honorable Laurie Smith Camp, Chief 1 Judge, United States District Court
for the District of Nebraska.
granted summary judgment to First National

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DELMER SMITH vs. STATE OF FLORIDA

On the afternoon of August 3, 2009, Kathleen Briles was accosted outside of
her home in Manatee County, after returning from grocery shopping. Briles was
then dragged inside her home, where she was bound, gagged, and beaten to death
with her own antique twenty-three-pound cast iron sewing machine. Numerous
items were stolen from the home.
The victim’s husband, Dr. Jam

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United States of America v. Vladimir Tsastsin

New York, NY - Vladimir Tsastin pled guilty to wire fraud and computer intrusion charges arising from his operation of a massive and sophisticated Internet fraud scheme that infected with malware more than four million computers located in over 100 countries. The malware secretly altered the settings on infected computers, enabling TSASTSIN and the six other charged defendants – Timur Gerassim

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Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)
appeal the trial court’s order granting final summary judgment against their claims
for inverse condemnation and de facto constitutional takings, which they pursued
under a theory of “condemnation blight.” However, Florida law is quite clear that
condemnation blight, while relevant to the valuation o

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In the Interest of LG, a child

Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights to her child, L.G. Mother does not challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code (“the Code”), but contends the evidence is legally and factually insufficient to support the trial court’s finding that terminati

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United States ex rel., Steven Hartpence v. Kinetic Concepts, Inc.

If a whistleblower informs the government that it has
been bilked by a provider of goods and services, and that
scheme is unmasked to the public, under what conditions can
that same whistleblower recover part of what the guilty
provider is forced to reimburse the government? We hold
today that there are two, and only two, requirements in order
for a whistleblower to be an

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State of Kansas v. Raymond Carl Swint

Raymond C. Swint appeals his convictions of aggravated indecent
liberties with a child and attempted aggravated indecent liberties with a child. His
principal claim is that the district court erred by excluding evidence that the victim
allegedly recruited another child to fabricate other claims of abuse against him. Swint
also appeals the hard 25 life sentence imposed under Jessica

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United States of America v. Jesus Rosales-Bruno

This is the second appeal to come before us involving a sentence imposed on
Jesus Rosales-Bruno because of his conviction for illegally reentering the United
States in violation of 8 U.S.C. § 1326. In the first appeal we vacated his original
sentence after concluding the district court had erred in finding that his prior
Florida conviction for false imprisonment qualified as a

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