Carolyn Calkins James, Individually and as next friend of her elderly mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as agent in fact for Mary Olive Calkins and Michael Easton, Individually and as assignee of Richard Stephen Calkins |
Carolyn James and her brother Richard Steven Calkins are in a legal dispute over who has the right to manage the assets of their mother, Mary Calkins. Their |
City of Bryan v. Kenneth Cavitt |
In one issue, appellant, the City of Bryan/Building and Standards Commission (the “City”), challenges the trial court’s denial of its plea to the jurisdiction. We affirm. |
Texas Department of Aging and Disability Services v. Leeann Huse |
The Texas Department of Aging and Disability Services (DADS) appeals from the trial court’s order denying its plea to the jurisdiction. We reverse the trial court’s order. |
The City of Keller v. Kimberlee Diane Meadors Hall and A. Thomas Hall |
In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which $0 (05-01-2014 - TX) |
The City of Houston v. Edmund L. Cogburn |
In this personal injury case, the City of Houston appealed the trial court’s denial of its plea to the jurisdiction based on governmental immunity. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). On original submission, we affirmed the trial court’s order on the basis that appellee Edmund |
Seminole Tribe of Florida v. State of Florida Department of Revenue |
This appeal requires us to decide whether the sovereign immunity of Florida, as confirmed by the Eleventh Amendment, U.S. Const. Amend. XI, bars a federal complaint by an Indian tribe against the Florida Department of Revenue and its Executive Director for a declaratory judgment that the tribe is exempt from paying a Florida tax on fuel and for an injunction requiring a refund of taxes paid. The S $0 (05-05-2014 - FL) |
The People v. Bryan Edward Mitchell |
Defendant, Brian Edward Mitchell, appeals after he was convicted of marijuana cultivation. (Health & Saf. Code,1 § 11358.) In the published portion of this opinion, we discuss defendant’s contention he was entitled to the protections of section 11362.775. Section 11362.775 was adopted pursuant to the Medical Marijuana Program Act. |
Philip L. Biron v. City of Redding |
Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City |
Shomarie L. Thurmond v. Wayne County Sheriff Departement |
This is a second appeal from a judgment of the district court in this case. The litigation involves numerous claims under federal and state law stemming from plaintiff Shomarie L. Thurmond’s arrest and ensuing 35-day detention in Detroit in 2005. |
Rox-Ann Feifer v. Westport Insurance Corporation |
Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013) $0 (04-29-2014 - PA) |
United States of America v. Stanley Eugene Hill |
Stanley Hill appeals following his conviction on several charges related to the robbery of a bank. During trial, Charles Jones, a special agent with the Federal Bureau of Investigation (“FBI”), testified as an expert. Agent Jones stated that he was trained in “special tactics and ways to identify [] deception in statements and truths in statements” and that in his opinion, many of Stanley $0 (04-28-2014 - OK) |
Carolyn Bayless v. United States of America |
Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating illness. As her condition deteriorated over the years that followed, she doggedly sought to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this $0 (04-28-2014 - UT) |
Humberto Martinez v. County of Ventura |
Humberto Martinez and his wife Liliana Ramirez sued the County of Ventura for injuries Humberto1 suffered when his motorcycle struck an asphalt berm abutting a raised drain on the shoulder of a County-owned road. They contend the drain and asphalt berm constituted a dangerous condition of public property that caused Humberto's injuries. A jury agreed, but returned a defense verdict based on the Co $0 (04-08-2014 - CA) |
The People v. Robert Michael Klatt |
At a bench trial, the trial court found defendant Robert Michael Klatt guilty on two counts of lewd conduct with a minor aged 14 or 15. (Pen. Code § 288, subd. (c)(1).)1 The court granted a three-year term of probation that included six months in county jail as a condition of probation. The court also required defendant to participate in a sex offender management program (the program) as a condit $0 (04-23-2014 - CA) |
The City of Houston v. Stephon Lamar Davis |
This is an interlocutory appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction. Appellee Stephon Lamar Davis was bitten by Houston Police Department Officer R.J. Briones’s K-9 police dog after Briones |
Robert Bush and Talitha Bush v. Cushing Lumber Co., et al. |
PLAINTIFFS’ ORIGINAL PETITION |
Byron Halsey v. Frank Pfeiffer |
The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to $0 (04-24-2014 - NJ) |
Gabriel Abella v. Montenay Power Corp., et al. |
Plaintiff, Appellant below, appeals a final summary judgment entered on behalf of all three defendants, Montenay Power Corp., Miami-Dade County, and Hank Clements. |
Gerard P. Francios v. The State of Florida |
Gerard P. Francois (“the defendant”) appeals his convictions for aggravated battery and misdemeanor battery based on the trial court’s denial of his ore tenus motions for a continuance and for substitution of private counsel for his courtappointed counsel after the jury had been selected and sworn, and he also asks us to find ineffective assistance of his court-appointed counsel on the face $0 (04-16-2014 - FL) |
The City of Madisonville v. Theresa Murders and Martina Maldonado |
Theresa Murders and Martina Maldonado owned a beauty salon and dog grooming business. They sued the City of Madisonville and its contractor, Brazos Valley Services, for their part in the replacing and repairing of a City sewer line in front of the business. The City filed a plea to the jurisdiction alleging governmental immunity, and Murders and Maldonado amended their petition. The City filed ano $0 (04-17-2014 - TX) |
Mt. Pleasant Independent School District v. Dona K. Elliott |
It was the third day of the new school year when the brakes failed on the bus driven by Dona K. Elliott, and Elliott’s kneecap was broken in the ensuing crash.1 The bus was a seventeen-year-old Thomas flat-nose school bus owned by Mount Pleasant Independent School District, transporting District students, and driven by Elliott for her employer, Durham Transportation, Inc. Durham had recently con $0 (04-17-2014 - TX) |
Philip Gregory Byrd v. Phillip Galyen, P.C. d/b/a Bailey & Galyen Attorneys at Law and R. Ketih Spencer |
In this appeal, we are asked to extend the sole-proximate-cause bar to legal-malpractice claims arising in the context of a contempt order entered in a civil case. We decline to do so and reverse the trial court’s order granting Appellees a partial summary judgment and remand the case to the trial court for further proceedings. |
Albert Davidson v. Elin Howe |
Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough $0 (04-16-2014 - MA) |
United States of America v. Joseph Vincent White |
Joseph Vincent White appeals the denial of his motion to suppress evidence of his unlawful possession of two firearms. Because we conclude the District Court erred in its legal analysis, we vacate its order and remand for further proceedings. |
United States of America v. Joseph Vincent White |
Joseph Vincent White appeals the denial of his motion to suppress evidence of his unlawful possession of two firearms. Because we conclude the District Court erred in its legal analysis, we vacate its order and remand for further proceedings. |
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