Mandamus Law
 
Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

The People v. Julio Davis

In 2000, a jury convicted Julio Davis of first degree burglary (Pen. Code, § 459)
and also found that he had four prior first degree felony burglary convictions. The trial
court imposed a sentence of 25 years to life in prison. In April 2003, this court affirmed
the judgment against Davis who is currently serving his sentence. (See People v. Davis
(Apr. 2, 2003, A094645) [nonpub. ... More...
   $0 (07-08-2014 - CA)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

Bruce R. Wisan v. City of Hildale and Twin City Water Authority

¶1 This case comes to us as another installment in the ongoing dispute surrounding land owned by the United Effort Plan Trust (Trust) located in Hildale, Utah. In early 2007, appellee Bruce Wisan, court-appointed trustee of the Trust, filed a complaint against the City of Hildale (Hildale) and the Twin City Water Authority (TCWA) to compel the subdivision of certain parcels of Trust property loca... More...   $0 (06-17-2014 - UT)

In The Interest of A.T., a minor child

Troy J. Wilson and Georgette George-Wilson appeal the trial court’s final decree terminating the parental rights of minor child A.T.’s parents and appointing the Texas Department of Family and Protective Services (the “Department”) as sole managing conservator of A.T. The Wilsons argue on appeal that the trial court (1) abused its discretion in striking their petition to intervene because ... More...   $0 (07-01-2014 - TX)

Hector F. v. El Centro Elementary School District

By way of its enactment of a scheme of interrelated statutes, the Legislature has imposed on public schools in California an affirmative duty to protect public school students

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from discrimination and harassment engendered by race, gender, sexual orientation or disability. (See Gov. Code, § 11135; Ed. Code §§ 201, 220, 32261, 32280, 32281 & 32282.) In particular, Education Cod... More...
   $0 (06-24-2014 - CA)

The People v. Julio Davis

In 2000, a jury convicted Julio Davis of first degree burglary (Pen. Code, § 459) and also found that he had four prior first degree felony burglary convictions. The trial court imposed a sentence of 25 years to life in prison. In April 2003, this court affirmed the judgment against Davis who is currently serving his sentence. (See People v. Davis (Apr. 2, 2003, A094645) [nonpub. opn.] (Davis I).... More...   $0 (06-12-2014 - CA)

Beverly Brazee v. City of Spur, Texas

Appellant, Beverly Brazee, appeals from the trial court’s order denying her writ of mandamus seeking to require the disclosure of documents by Appellee, City of Spur. In support, Brazee asserts the trial court erred by (1) denying her request for a writ of mandamus, (2) finding her request was moot while her request for attorney’s fees and litigation expenses remained pending, and (3) failing ... More...   $0 (06-10-2014 - TX)

Gordon Westergren & Mark Sparks v. Johnnie Glenn Jennings, Jr.

In this appeal, we consider whether the trial court erred in imposing sanctions against appellant and his attorney pursuant to Chapter 10 of the Civil Practices and Remedies Code. We vacate the trial court’s order.

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BACKGROUND

The Real Estate Contracts

Sometime before April 2006, plaintiff, Gordon Westergren, conceived an idea to develop a rail-served warehouse devel... More...
   $0 (06-12-2014 - TX)

In Re: Mortgage Electronic Registration Systems, Inc.

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...
   $0 (06-12-2014 - AZ)

Victor S. Elgohary v. Herrera Partners, L.P.

In this appeal from the denial of a post-judgment turnover order, we consider whether (1) the trial court’s order is final and appealable, and (2) the trial court

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erred in denying appellant’s request that certain property be turned over to a receiver appointed to collect a judgment on his behalf. We affirm.

BACKGROUND

The Underlying Suit

In 2006, Elgohary a... More...
   $0 (06-05-2014 - TX)

Tunis E. Den Hartog v. City of Waterloo

A municipality agreed to transfer to a residential developer land originally acquired for use as a road right-of-way. Taxpayers challenged in this civil action the legality of the proposed transfer, contending the municipality failed to follow statutory procedures for the sale of unused right-of-way. The district court interpreted the relevant statute, concluded the property in question was not un... More...   $0 (05-30-2014 - IA)

Lockett v. State of Oklahoma

¶1 The Oklahoma Supreme Court has again transferred to this Court a joint request for stay of execution filed in connection with a civil appeal involving Appellants currently pending before that Court. Lockett, et al. v. Evans, et al., Case No. 112,741 (April 11, 2014). The recent procedural history of this case is lengthy and requires repeating for clarity. This Court set execution dates in Janu... More...   $0 (04-18-2014 - OK)

Citizens Property Insurance Corporation v. Marilyn Aguiar Bellas

Citizens Property Insurance Corporation seeks certiorari review of the trial court's order that denied Citizens a stay of action based upon the court's finding that

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Citizens waived its right to neutral evaluation of the sinkhole claim upon which Marilyn Aguiar Bellas's lawsuit was based. Citizens argues that the amended stay provision of the neutral evaluation statute that is s... More...
   $0 (05-30-2014 - FL)

Sierra Club v. County of Fresno and Friant Ranch, P.P.

In February 2011, the County of Fresno (County) approved the Friant Ranch project, a proposed master-planned community for persons age 55 or older located in north-central Fresno County (the Project). The Project is located on 942 acres of unirrigated grazing land adjacent to the unincorporated community of Friant, below Friant Dam and Millerton Lake, near the San Joaquin River.

This appeal... More...
   $0 (05-27-2014 - CA)

Collie M. Trant v. State of Oklahoma

Dr. Collie Trant is the former Chief Medical Examiner for the State of
Oklahoma. Trant joined the Office of the Chief Medical Examiner at a time the
office was recovering from a series of public scandals. But Trant soon lost the
confidence of the Oklahoma Board of Medicolegal Investigations, to whom he
reported, and was terminated. Trant filed suit in Oklahoma state court alleging ... More...
   $0 (05-28-2014 - OK)

Consumer Service Alliance of Texas, Inc. et al v. City of Dallas, Texas

Consumer Service Alliance of Texas, Inc. (CSAT), TitleMax of Texas, Inc. (TitleMax), and Ace Cash Express, Inc. (Ace) (collectively appellants) appeal the trial court’s order granting the City of Dallas, Texas’s (the City) plea to the jurisdiction. We affirm the trial court’s order.

Background

Chapter 393 of the finance code regulates credit services organizations (CSOs).1 See ... More...
   $0 (05-23-2014 - TX)

Farmers Group Insurance, Inc. d/b/a Farmers Group Insurance v. Tammy Poteet

This is the second appeal in a case involving a claim under a homeowner’s policy issued by Appellant Farmers Insurance Exchange, a Farmers Insurance Group entity (Farmers), to Appellee Tammy Poteet for damages allegedly caused by a November 2002 discharge of black smoke and soot from the central heating and air-conditioning system of a home she had recently purchased from

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Roger a... More...
   $0 (05-22-2014 - CA)

Frank Pyrtle, III v. Ashanti Johnson Pyrtle

In the trial court below, appellee Ashanti Johnson Turner1 sought “enforcement” of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court’s order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for... More...   $0 (05-19-2014 - TX)

Joseph PADUH III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased, Appellees

This is an appeal from a probate court order granting summary judgment in a bill of review action. Appellees Joseph Paduh III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased (collectively “Paduh”) filed a petition for bill of re... More...   $0 (05-07-2014 - TX)

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... More...   $0 (05-05-2014 - FL)

K.I. v. John A. Wagner

An individual who is denied state or local social services may challenge the denial through an administrative hearing process administered by the state Director of Social Services (Director). If the party receives an unfavorable administrative decision, the exclusive remedy is a petition for writ of mandate in the superior court. (Welf. & Inst. 2 Code,1 § 10962.) Section 10962 governs this judici... More...   $0 (05-02-2014 - CA)

Leonard Schwarzburd v. Kensington Police Protection & Community Services District Board

Writ respondents the Kensington Police Protection and Community Services District Board (Board) and individual Board members Charles Toombs, Linda Lipscomb, and Richard Lloyd appeal from the trial court’s order denying their special motion to strike a writ petition under Code of Civil Procedure1 section 425.16. The petition was filed by petitioners Leonard Schwarzburd, Dairlyn Chelette, Mabry Be... More...   $0 (04-30-2014 - CA)

Andrew R. Briggeman v. Candace L. Hargrove

¶1 In this post-paternity, custody modification proceeding, Defendant/Appellant, Candace L. Hargrove (Mother), appeals from the trial court's order dated February 29, 2012, which found the trial court lacked jurisdiction to consider Mother's application for attorneys fees and costs. The trial court held the Oklahoma Supreme Court's order entered in Case No. 109,239 prohibits Mother from bringing ... More...   $0 (02-14-2014 - OK)

Veronica L. Davis v. James A. West and Houston Reporting Services

This is the fourth appeal arising out of two lawsuits regarding court reporter fees. In the first lawsuit filed in justice court, Houston Reporting Services (HRS) alleged that Veronica Davis, an attorney, breached her contractual obligation to pay for deposition transcripts. HRS obtained a post-answer default judgment

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against Davis, and then used a court-appointed receiver to remov... More...
   $0 (03-27-2014 - TX)

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