Liens Law
 
Richard Lee Rynearson, III v. Robert Ferguson Western District of Washington Federal Courthouse - Seattle, Washington

This appeal calls on us to consider the scope of federal
court abstention under Younger v. Harris, 401 U.S. 37 (1971).
In particular, we consider whether federal courts should
abstain from exercising jurisdiction over a constitutional
challenge to a state criminal statute while there are ongoing
state court protection order proceedings arguably related to
the challenge to t... More...
   $0 (09-10-2018 - WA)

Theodore Hayes and Aqeela Fogle v. Philip E. Harvey Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

The Hayes family receives enhanced voucher rental
assistance from the federal government, and a federal statute
provides that enhanced voucher holders “may elect to remain”
in their housing developments, even after their landlord has
opted out of the federal housing assistance program. 42 U.S.C.
§ 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee
Philip Harvey, cont... More...
   $0 (09-04-2018 - PA)

Ditech Servicing, LLC v. Jerry Perez d/b/a Lighthouse Investments

Prior to the bench trial, the parties stipulated to the facts and to certain exhibits, from which we draw our recitation of the background facts. In their briefs, the parties make clear that the central issue in the case is the statute of limitations. The property in question is a house located in Edinburg, Texas (�the Property�). On January 13, 2006, Sarah McMaster borrowed $99,621.00 f... More...   $0 (09-03-2018 - TX)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

Garrell "Gary" McCutcheon Jr., and Melissa K. McCutcheon v. Pavco Trucking Co. Inc., and Titan Transfer, Inc.

Pavco Trucking Company, Inc. (“Pavco”), operated a trucking company in
Clarksville, Indiana. Pavco employed the McCutcheons to haul freight by
truck. Pavco terminated the McCutcheons’ employment on February 14, 2014.
[3] On March 1, 2014, Titan and Pavco executed the Purchase Agreement which
enumerated a number of Pavco’s assets that would be transferred to Titan in
exch... More...
   $0 (08-12-2018 - IN)

Cecil Daughtrey Jr. and Patricia A. Daughtrey v. Luis E. Rivera, II Middle District of Florida Federal Courthouse - Tampa, Florida

In this case, Cecil and Patricia Daughtrey filed a Chapter 7 bankruptcy petition for the sole purpose of preventing the sale of their property in a public auction to be held pursuant to a state court judgment that foreclosed the mortgage on the property. After the public auction was automatically stayed under 11 U.S.C. § 362(a), the trustee of the bankruptcy estate and the judgment creditor, 72 Pa... More...   $0 (07-31-2018 - FL)

Linda S. Isaacs v. DBI-ASG Coinvestor Fund, III, LLC Western District of Kentucky Federal Courthouse - Paducah, Kentucky

Debtor Linda Isaacs filed for Chapter 13 bankruptcy and brought an adversary action seeking to invalidate a mortgage lien on her home, and to stop the sale of the home pursuant to a Kentucky state-court foreclosure judgment. The adversary complaint sought to avoid the mortgage—as unperfected because the mortgage was never validly recorded—under the strong-arm provision of the bankruptcy code. Afte... More...   $0 (07-26-2018 - KY)

Lea Augustin v. City of Philadelphia Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case involves a group of landlords who object to the system of liens used by the City of Philadelphia to collect unpaid gas bills. The District Court certified a class and held that the City had violated the landlords’ rights under the Due Process Clause of the Fourteenth Amendment. The City filed this appeal, arguing that its procedures for collecting gas debts are constitutional. We agree w... More...   $0 (07-23-2018 - PA)

STATE OF OHIO v. GEORGE FISHER

In January 2016, the Jackson County Grand Jury returned an indictment
charging Fisher with one count of possession of heroin in an amount equal to or
exceeding 250 grams in violation of R.C. 2925.11(A), and a major-drug-offender
specification. Fisher, who retained private counsel, entered a plea of not guilty to the
charge. The trial court released Fisher on his own recogniz... More...
   $0 (07-18-2018 - OH)

Scott Robinett v. City of Indianapolis, et al.






Scott Robinett and the City of Indianapolis were codefendants in a civil-rights action. Robinett, a police officer, was accused of failing to intervene in an escalating domestic dispute between two fellow police officers. The dispute ended violently in... More...
   $0 (07-17-2018 - IN)

United States of America v. Brian Leo Snow Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Knoxville, TN - Tennessee Man Pleads Guilty To Filing False Retaliatory Lien And Making A False Claim For Tax Refund

A Rogersville, Tennessee resident pleaded guilty today to filing a fraudulent multi-million dollar lien against a government employee and filing a false claim for a tax refund, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Depart... More...
   $0 (07-12-2018 - TN)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

Von Becelaere Ventures, LLC v. James Zenovic

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals
an order denying his petition to compel arbitration in an action filed by Von Becelaere
Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived
his right to compel arbitration by filing a separate complaint in Orange County to
2
foreclose on a mechanics lien without complyin... More...
   $0 (06-07-2018 - CA)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

Placer Foreclosure, Inc. v. Solomon Aflalo

Placer Foreclosure, Inc., acting as trustee, conducted
a foreclosure sale of property owned by Solomon Aflalo. The
foreclosure sale resulted in surplus proceeds. When Aflalo filed a
wrongful foreclosure action against Placer and the third-party
buyer, Pro Value Properties, Inc., Placer filed a complaint in
interpleader and deposited the surplus proceeds with the court.
Plac... More...
   $0 (05-31-2018 - CA)

CHARLES W. GETTYS, JR. AND TAMMY ABIDE Vs. WILLIAM G. GETTYS, FLOELLEN SANCHEZ-RICKARD, VICTORIA FOGHT VIRGA AND MICHAEL VIRGA Louisiana Circuit Courts of Appeal

On December 15, 2004, the trial court signed a judgment of possession in
the Succession of Florence Schmit Gettys Sanchez, which awarded Plaintiffs
Appellees, Charles W. Gettys, Jr. (“Charles”) and Tammy Abide (“Tammy”)
(collectively “Plaintiffs-Appellees”) and Defendants-Appellants, William G.
Gettys (“William”), Floellen Sanchez-Rickard (“Floellen”), Victoria Foght Virga,
... More...
   $0 (05-18-2018 - LA)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Farmers Insurance Company v. Charmin Vanwinkle and Eaglemed, LLC, et al.

Antlers, Oklahoma civil litigation lawyers represented the parties in a medical lien dispute.

This case had its roots in an automobile accident between VanWinkle and Carol Lynch in Hugo, Oklahoma. VanWinkle sustained injuries, and was transported to Parkland Hospital in Dallas. Parkland filed a Texas hospital lien (the Parkland lien) of $191,922 for treatment. VanWinkle alleged some $200,... More...
   $0 (05-09-2018 - OK)

County Line Holdings, LLC v. Janice M. McClanahan

A cause of action survives one year after the death of a
debtor. But not a judgment lien. Judgment liens have longevity.
A judgment debtor dies. A contest over the priority of two
judgment liens ensues. Both liens were established prior to the
judgment debtor’s death. After the judgment debtor died,
plaintiff purchased one judgment lien at the execution sale of the
junior l... More...
   $0 (05-03-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

DANNY L. BURROW V. J.T. WHITE HARDWARE & LUMBER

On October 31, 2003, Rick Tubbs, owner of J.T. White Hardware & Lumber
Company, filed a motion for default judgement against Danny and Shena Burrow. On July
1, 2004, the Craighead County Circuit Court granted the motion and awarded Tubbs
$9,127.92 in damages plus interest and $1,000 in attorney’s fees. The circuit court also
ordered the Burrows to file a verified affidavit of ... More...
   $0 (04-16-2018 - AR)

Jacqueline Winston v. City of Syracuse Northern District of New York Federal Courthouse - Syracuse, NY

2 Plaintiff Jacqueline Winston, a tenant in a multi‐family building
3 in the City of Syracuse, New York, filed this putative class action
4 under 42 U.S.C. § 1983 in the United States District Court for the
5 Northern District of New York in February 2016. She alleged that the
6 City and its Commissioner of Water Deborah Somers (collectively, the
7 “City”) violated the Du... More...
   $0 (04-13-2018 - NY)

Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped
real property in Hurricane, Utah based on a description in a
recorded subdivision plat map. Lauritzen then purchased title
insurance for these lots through First American Title Insurance
Company (First American). Subsequently, Lauritzen learned that
the plat map had a material defect: one of his lots partially
overlap... More...
   $0 (04-08-2018 - UT)

Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

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