David Tourgeman brought a putative class and representative action against Dell Financial Services, L.P. (Dell Financial Services)1 and respondents Nelson & Kennard and Robert Kennard. In his complaint, Tourgeman contended that respondents violated the Fair Debt Collections Practices Act (FDCPA) (15 U.S.C. § 1692 et seq.) while attempting to collect a debt that Tourgeman incurred in connection

Defendant Lois Lynne Lintz appeals from a judgment of financial elder abuse, undue influence, breach of fiduciary duty, conversion of separate property, and constructive trust. Defendant challenges only the remedial aspect of the judgment. She argues that the probate court erred by voiding her deceased husband’s testamentary trusts and trust amendments executed after May 2005 without proof

Gay E. Phillips, Mary Bishiop, Sharon Baldwin and Susan G. Barton sued the State of Oklahoma and Tulsa County Court Clerk Sally Howe Smith on civil rights violation theories under 42 U.S.C. 1983 challenging the validity of Oklahoma's ban on same sex marriage and Howe's refusal to issue marriage licenses to them. They claimed that Howe's refusal to issue marriage licenses to same sex couples viola

The wife appeals a n amended final judgment entered in this dissolution action, arguing that 1) the trial court erred by finding the parties’ prenuptial agreement to be valid; 2) even if the prenuptial agreement was valid, the trial court erred in its interpretation of it; 3) the trial court erred with respect to the child support award; and 4) the trial court erred in curtailing discovery.

In 2009, a final judgment was entered dissolving the marriage between Pierre R. Cazi (“former husband”) and Rose May Prophete (“former wife”). Thereafter, the former wife moved to modify and/or clarify the final judgment. A general magistrate heard the motion and, thereafter, entered a report and recommendation in favor of the former wife.

The former husband filed ti

Alfredo Russo appeals the final judgment of dissolution of his long-term marriage to Rosa Russo. The final judgment incorporated by reference the report and recommended final judgment of the magistrate to whom the case was referred. We affirm the judgment with the exception of one sentence found in the magistrate's report, which shall be removed from incorporation in the final judgment.

T

Elias Eid and Gwen Packard-Eid filed a complaint challenging the denial by the Board of Immigration Appeals (“BIA”) of the I-130 Petition for Alien Relative filed by Packard-Eid, a United States citizen, that would accord Eid,

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her husband and a non-citizen, preference status as the spouse of a citizen. The BIA denied the Petition under 8 U.S.C. § 1154(c), which requi

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three othe

Sherry Duval and her children, Jodi and Joel Franklin, are beneficiaries of two testamentary residual trusts established pursuant to the last will and testament of Sherry’s parents, Kenny and Veva Albertson. The Albertsons’ wills named as trustee of both trusts Jay Fox, who was a cousin, friend, and neighbor of the Albertsons. Following Veva’s death in 1989, Fox became trustee

The district court modified Kenneth Michael’s obligation to pay Melissa Michael traditional alimony, concluding the payments should cease when Kenneth reaches age sixty-seven. The court’s order also terminated immediately Kenneth’s obligation to pay for Melissa’s health insurance. The court of appeals affirmed the termination of Kenneth’s health insurance obligat

This case requires us to decide whether a financial advisor to an individual can be sued by identified beneficiaries of the individual’s signed written estate plan when, due to the advisor’s allegedly negligent performance of his duties, those beneficiaries do not receive what they were supposed to get under the plan. We conclude the rationale of Schreiner v. Scoville, 410 N.W.2d 679

Timothy Stringer entered a conditional guilty plea to producing child pornography, in violation of 18 U.S.C. § 2251(a). The district court sentenced Stringer to 360 months’ imprisonment. Stringer appeals an order of the district court1 The Honorable Gary A. Fenner, United 1 States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable

Plaintiff Scott Matusick, who is white, was employed by the Erie
County Water Authority (ʺECWAʺ) during 2004 when, he claims, he was
assaulted, harassed, and ultimately terminated from his employment because of
a romantic relationship he had with an African‐American woman, Anita Starks ‐‐
now Anita Starks‐Matusick. Starks and Matusick met in 2003 but,

Appellant R.J. Reynolds Tobacco Company (Reynolds) appeals a Final Judgment awarding damages to Appellee Carolyn Hiott, Personal Representative of the Estate of Kenneth Hiott (Hiott). Reynolds asserts three grounds of reversible error: 1) the trial court erred in admitting evidence that Reynolds successfully challenged new proposed tobacco warnings in federal court; 2) the trial court erred in den

¶1 Ellen Cantrell (Wife) appeals from the district court’s order granting James N. Cantrell’s (Husband) petition to modify a decree of divorce. We reverse and remand.

BACKGROUND

¶2 In late 2007, after a marriage of just over twenty-two years, the parties entered into a Collaborative Law Participation Agreement in which they agreed to pursue a divorce settlement wi

In this consumer class action, the parties entered into a settlement agreement (Agreement) containing what is often termed a “clear sailing” provision.1 Such provisions allow counsel for the plaintiff class (class counsel) to seek an award of

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of secti

Rodney E. Donkin and Mary E. Donkin, a married couple, executed a revocable trust in 1988 (the Family Trust) as part of their estate planning, naming their four children as equal primary beneficiaries after they both had died.1 Rodney died in 2002. Shortly before her death in 2005, Mary executed a second amendment to the Family Trust instrument (hereafter the Trust‟s Second

1 When we

The former wife appeals the final judgment of dissolution. She specifically challenges the circuit court's determination that the parties' prenuptial agreement was valid and enforceable as a result of the application of laches and ratification. She does not challenge the trial court's determination that she is not entitled to any alimony under section 61.08, Florida Statutes (2012). Because it is

We issued our original memorandum opinion in this cause on March 7, 2013 and a substitute memorandum opinion on June 27, 2013. Both parties to the appeal have moved for rehearing.1 We grant the motions for rehearing in part and deny them in part,

1 Johnson filed a motion for rehearing on July 15, 2013. Ventling filed a “Response Regarding

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withdraw our previous substitu

James Patrick Phillips appeals from an Agreed Final Decree of Divorce and an order denying his motion for new trial. James contends that his attorney lacked authority to sign a Rule 11 agreement on his behalf while James was in federal prison. We affirm.

2

BACKGROUND

James and Stacey Lynn Phillips were married on May 15, 2003. During their marriage they had one son, J.M.

Michael Skinner appeals a trial court’s judgment dismissing his divorce proceeding after granting his estranged wife’s special appearance. In his sole issue, Michael argues that his wife Pamela, who lives in Florida, waived her right to a

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special appearance by submitting a letter to the district clerk that requested a dismissal before she filed her verified special ap

The Plaintiffs in this lawsuit are three gay and lesbian couples who wish to marry, but are currently unable to do so because the Utah Constitution prohibits same-sex marriage. The Plaintiffs argue that this prohibition infringes their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah defends its laws and maintains that a

¶1 Herein is presented an appeal from a judgment denying Marion Feyerherm a divorce, alimony, and custody of a minor child.

¶2 The established facts are that plaintiff was married to defendant, Fred J. Feyerherm, at Pawnee on December 11, 1924, when she was 16 years of age and pregnant. The defendant husband is a man 47 years of age, of considerable business experience, and financiall

¶1 This was a suit in equity commenced by the plaintiff in error against the defendants in error for the purpose of validating an oil and gas lease which it held on 80 acres of Martha Miller's allotment, and to cancel a like lease held on said land by the Alpha Oil Company. There was a demurrer to the petition, which was sustained. The plaintiff in error refused to amend, and judgment was enter

¶1 This action is appealed from the District Court of Pottawatomie County, State of Oklahoma, and is brought by Kenneth J. Scott, Lynn B. Scott, Lenora Scott David, Carl C. Scott and James A. Scott, as next of kin and guardian of the estate of Chauncey H. Scott as appointed by the Court of Common Pleas, Probate Division of the County of Trumbull, State of Ohio, referred to as appellants hereaft