Mandamus Law
 
Stephanie Steinert v. City of Convina, et al.

Stephanie Steinert, a police officer for the City of Covina whose employment was terminated for misconduct, filed a petition for writ of administrative mandamus alleging that she was denied the protections of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq.1) (the Act) while she was being interrogated by her supervisor. The trial court denied her petition

More...   $0 (01-05-2007 - CA)

Elly Gross, et al. v. German Foundation Industrial Initiative, etc.

At issue in this World War II reparations case is whether a suit seeking additional funds for victims of Nazi-era wrongs is justiciable. Claimants contend German companies owe "interest" on their payments to a reparations fund created with the substantial involvement of the United States and German governments to benefit Nazi victims or their descendants. The District Court held the claim

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Jerome Davis v. Environmental Protection Agency

ORDER AND JUDGMENT(*)

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen

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Jerome Davis v. Environmental Protection Agency

ORDER AND JUDGMENT(*)

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Jerome Davis, a state prisoner in Nebraska, appeals from two judgments. The first dismissed his petition under 28 U.S.C. § 1361 for a writ of mandamus against the Environmental Protection Agency (EPA) because of the availability of a statutory remedy. The second judgment dismissed a subsequen

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Daniel R. Shipley v. Ronald Cates, et al.

This is the latest and, perhaps, the last battle over whether Planned Parenthood was eligible to receive state funds to provide family planning and related gynecological care to low-income women.

The funding for such services ceased at the end of fiscal year 2003. For several years in the 1990s, the general assembly appropriated, upon the governor's request, funds to the department of hea

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Heather Andersen, et al. v. King County, et al.

The trial courts in these consolidated cases held that the provisions of Washington's 1998 Defense of Marriage Act (DOMA) that prohibit same-sex marriages are facially unconstitutional under the privileges and immunities and due process clauses of the Washington State Constitution. King County and the State of Washington have appealed. The plaintiffs-respondents, gay and lesbian couples,

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Salim Ahmed Hamdan v. Donald H. Rumsfeld

Pursuant to Congress' Joint Resolution authorizing the President to "use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided" the September 11, 2001, al Qaeda terrorist attacks(AUMF), U. S. Armed Forces invaded Afghanistan. During the hostilities, in 2001, militia forces captured petitioner Hamdan, a Yemeni n

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In re: QWest Communications, Inc., Securities Litigation

In this mandamus action, Qwest Communications International, Inc. (Qwest), presents an issue of first impression in this circuit, namely, whether Qwest waived the attorney-client privilege and work-product doctrine, as to third-party civil litigants, by releasing privileged materials to federal agencies in the course of the agencies' investigation of Qwest. Qwest urges us to adopt a rule of "se

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Chase Manhattan Mortgage Corp.

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do

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Chase Manhattan Mortgage Corp.

Chase Manhattan brought this diversity suit against Moore to foreclose its mortgage on his home, order the home sold, and, if the proceeds of the sale were insufficient to satisfy Chase's debt, enter a deficiency judgment for the unpaid balance. Chase moved for sum-mary judgment, which the district judge denied. But on Chase's motion to reconsider, the judge, upon discovering that the do

More...   $0 (05-09-2006 - IL)

Adrianne Pitts v. City of Sacramento, et al.

After a hearing officer ruled in December 2002 that she was ineligible for disability retirement, plaintiff Adrianne Pitts requested a return to active status as a police officer (from which she had been on leave without pay since August 2000).

When the defendants1 informed her in February 2003 that she would need to satisfy several conditions as part of her return to active status,

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Jesse Zuniga v. Los Angeles County Civil Service Commission

This is an appeal from a judgment denying former Los Angeles County Deputy Sheriff Jesse Zuniga's petition for writ of mandate. Zuniga seeks an order directing the Los Angeles County Civil Service Commission (Commission) to vacate its decision sustaining Zuniga's 10-month suspension following his indictment on felony charges, and award him back pay. We find the Commission lacked jurisdictio

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Keefe-Shea Joint Venture v. The City of Evanston

This is the third appeal arising from a contract bidding dispute between the plaintiff, Keefe-Shea Joint Venture (Keefe-Shea), the defendant, the City of Evanston (Evanston), and the intervenor, DiPaolo Company (DiPaolo). Keefe-Shea appeals from an order of the circuit court of Cook County granting summary judgment to Evanston, denying Keefe-Shea's motion for summary judgment, denying its requ

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Twin Hills Golf & County Club v. Town of Forest Park

1 The first impression issue presented in this appeal is whether plaintiff/appellant is exempt from the duties to collect, report and remit municipal sales tax by the language in 11 O.S.2001, § 21-109(A) which provides that tracts of land in excess of forty acres annexed to a municipality and used for commercial purposes shall not be subject to municipal taxes. We conclude that 11 O.S.2001, § 2

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IN RE: UNITED STATES OF AMERICA

In September 2003, the defendants were charged in federal district court, by a superceding indictment, with racketeering, 18 U.S.C. § 1962(c) (2000), racketeering conspiracy, id. § 1962(d), conspiracy to murder, id. § 1959(a)(5), and various assaults and firearms offenses. Two defendants were further charged with murder in aid of racketeering. Id. § 1959(a)(1). Shortly thereafter, the governmen

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Efrat Ungar, et al. v. The Palestine Liberation Organization

This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a no

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Joyce Lovett v. Wal-Mart Stores, Inc.

1 Plaintiff/Appellant Joyce Lovett appeals from the trial court's order granting a motion to dismiss filed by Defendant/Appellee Wal-Mart Stores, Inc. Lovett was injured at a Wal-Mart store in California, but she filed suit in Okmulgee County, Oklahoma. The trial court dismissed the action without prejudice under the doctrine of forum non conveniens. Because we find no abuse of discretion, we a

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Marie Bowman, et al. v. City of Berkeley

The City of Berkeley and Affordable Housing Associates (AHA; AHA and the City of Berkeley are hereafter referred to collectively and severally as the City) appeal from postjudgment orders awarding Marie Bowman (Bowman) et al. (the Neighbors) a portion of their attorney fees and costs in this mandamus action. The fees and costs in question were incurred in setting aside the City's approval

More...   $17314 (07-22-2005 - CA)

State ex rel. Stacy v. Batavia Local School Distrist Board of Education

{ 1} This is an appeal and cross-appeal from a judgment awarding back pay and benefits in a mandamus action. We affirm in part and reverse in part.

{ 2} From March 1985 through August 21, 1998, appellee and crossappellant Batavia Local School District Board of Education employed appellant and cross-appellee, Dorsie Stacy, as a mechanic, under a continuing contract. During this period,

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Gary Bengston and Annis Bengston v. Delta County and Delta County Zoning & Building Department

Plaintiffs appeal as of right an order granting summary disposition to defendants Delta County and Delta County Zoning and Building Department.1 The basic dispute in this case involves the zoning of plaintiffs' property in Wells Township, located in Delta County. Because the township ordinance zoning the property for commercial use is controlling rather than defendants' county ordinance z

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LAW OFFICES OF WINDLE TURLEY, P.C. v. ROBERT L. FRENCH, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VELMA RAE FRENCH, DECEASED, ROBERT R. FRENCH, GWENDA DUNN, LINDA GILLILAND, AND ROBIN FRENCH

This is a sanctions case arising out of a lawsuit for attorney fees. The Law Offices of Windle Turley, P.C. sued appellees Robert L. French, individually and on behalf of the estate of Velma Rae French, deceased, Robert R. French, Gwenda Dunn, Linda Gilliland and Robin French to recover attorney fees under contingent fee agreements. At the time this lawsuit was filed, appellant was already liti

More...   $4876 (06-03-2005 - TX)

CHANDLER (U.S.A.), INC. v. TYREE

1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran

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United Airlines, Inc., and The Official Committee of Unsecured Creditors v. U.S. Bank N.A. and The Bank of New York, etc.

When United Airlines entered bankruptcy in 2002, it operated about 460 airplanes. Some 175 of these had been acquired via financing leases subject to 11 U.S.C. §1110, which provides that to retain leased planes a debtor must pay the whole rent. The statute contains an exception for consensual workouts, see §1110(b), and United's lessors initially agreed to accept less than the contractua

More...   $0 (05-17-2005 - IL)

Andrew Midlock, et al. v. Apple Vacations West, Inc., et al.

William Cremer, the lawyer for all but one of the defendants in this tort suit, appeals from an order fining him $5,000 and directing him to reimburse the plaintiffs $3,285.28 for attorneys' fees. The suit had been filed in a state court in Joliet, Illinois, but Cremer, acting on behalf of one of the defendants whom he represented, removed the case to the federal district court in the Nor

More...   $3285 (04-26-2005 - IL)

G.S. v. Ewing

�1 The two issues presented are: 1) whether an Oklahoma court, having rendered the original divorce decree, has jurisdiction to modify custody if the non-custodial parent resides in Oklahoma, but Oklahoma is not the child's "home state" within the meaning of 10 O.S. 1981 � 1604 ;1 and 2) if the trial court was correct in hearing the cause, should it have refused to exercise juri

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