Plaintiff Parmanand Kumar appeals from a judgment in favor of defendant Alan Tsung Yu. We affirm in part and reverse in part.

FACTUAL AND PROCEDURAL BACKGROUND

In June 1998, George Chiu (Chiu) and defendant Alan Tsung Yu (collectively, Lessees) entered into a commercial lease (Lease) with plaintiff Parmanand Kumar pursuant to which Lessees leased a store (Premises) in a shopping cent... More...   $0 (12-16-2011 - CA)

Plaintiff Parmanand Kumar appeals from a judgment in favor of defendant Alan Tsung Yu. We affirm in part and reverse in part.

FACTUAL AND PROCEDURAL BACKGROUND

In June 1998, George Chiu (Chiu) and defendant Alan Tsung Yu (collectively, Lessees) entered into a commercial lease (Lease) with plaintiff Parmanand Kumar pursuant to which Lessees leased a store (Premises) in a shopping cent... More...   $0 (12-16-2011 - CA)

Defendant State of California (the State), acting by and through the Department of California Highway Patrol (CHP), appeals from a judgment entered in favor of plaintiff Ronald Strong (Strong) following a court trial. The court determined that CHP Officer Christopher Swanberg negligently lost or destroyed the identifying information of the individual involved in an accident during which Strong was... More...   $0 (12-16-2011 - CA)

¶1 Appellant Nicholas Alexander Davis was tried by jury and convicted of First Degree Malice Murder (Count I) (21 O.S.2001, § 701.7(A)), two counts of Shooting with Intent to Kill After Former Conviction of Two or More Felonies (Counts II and III), (21 O.S.2001, § 652), and Felonious Possession of a Loaded Firearm, After Former Conviction of a Felony, (Count IV) (21 O.S.2001, § 1289), Case No.... More...   $0 (12-12-2011 - OK)

The plaintiffs, Ashley Joffe (Joffe) and Plycraft Industries, a California corporation (Plycraft; collectively, plaintiffs) appeal from the judgment of dismissal entered by the trial court following its order sustaining without leave to amend the demurrer of two defendants1 to plaintiffs‟ cause of action for inverse condemnation.2 This case raises issues concerning the application of the Supreme... More...   $0 (12-02-2011 - CA)

For nearly thirty years, Edward Lee Elmore, a mentally retarded handyman, has been behind bars, mainly on South Carolina’s death row, for the January 1982 murder of Dorothy Edwards, an elderly woman who had sporadically employed him. The 28 U.S.C. § 2254 petition now on appeal, however, is part of Elmore’s very first effort to secure federal habeas corpus relief. The antecedent state proceedi... More...   $0 (11-22-2011 - SC)

Billy Joe Sowell was convicted of aggravated murder and sentenced to death by a three-judge panel in 1983. At sentencing, counsel’s mitigation strategy was to portray Sowell as a good person who lost his temper under the influence of drugs and alcohol. Counsel pursued this strategy despite having available the reports of several court-appointed mental health experts, which hinted at Sowell’s d... More...   $0 (11-15-2011 - OH)

[¶1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. (“Landowners”) own property abutting former Exit 66 on Interstate 90 (I-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners’ property was taken by condemnation in 1961 for the construction of I- 90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages fo... More...   $0 (11-15-2011 - SD)

This writ application arises from Plaintiff’s claims for property damage to her home following Hurricane Rita and for damages and penalties against her homeowner’s insurer pursuant to La. R.S. 22:658 and La. R.S. 22:1220.1 We granted the writ application primarily to review the correctness of the rulings of the lower courts applying the penalty provision of La. R.S. 22:1220(C) to contractual d... More...   $0 (10-27-2011 - LA)

¶1 James Lawrence Mitchell, III, Appellant, was tried by a jury and convicted of Murder in the First Degree, Child Abuse, (21 O.S.Supp.1998, § 701.7(C) and Child Abuse, After Former Conviction of Two Felonies (10 O.S.Supp.2000, § 7115) in the District Court of Oklahoma County, Case No. CF-2000-4712. In the sentencing stage, the jury found the existence of two (2) aggravating circumstances: (1) ... More...   $0 (10-13-2011 - OK)

¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank’s Motion for Judgment on the Pleadings. We reverse and remand.

¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis’ state law claims were preempted ... More...   $0 (10-04-2011 - MT)

2 After Douglas County (the county) approved an expanded conditional use
3 permit for respondents' home business, petitioners appealed to the Land Use Board of
4 Appeals (LUBA). Because it determined that the county's decision was inconsistent with
5 ORS 215.448(1), a statute that regulates home businesses in exclusive farm and forest
6 zones, LUBA remanded the case to the county. ... More...   $0 (09-08-2011 - OR)

2 Defendant City of Bend appeals from a limited judgment that granted
3 partial summary judgment and awarded $142,190 to plaintiff River's Edge Investments,
4 LLC (River's Edge). The resolution of this case depends on whether the terms of a
5 development agreement between the city and River's Edge allowed the city to impose
6 system development charges (SDCs) on River's Edge for it... More...   $0 (09-08-2011 - OR)

[¶1] In this case, a jury has found, twice, that a Town Councilor exhibited discriminatory animus towards Mary Walsh because she had engaged in statutorily-protected conduct, and that this discriminatory animus was a cause or a motivating factor for the Millinocket Town Council’s decision to eliminate Mary Walsh’s position and thus terminate her employment with the Town. Walsh contends that d... More...   $0 (09-08-2011 - ME)

Mazin Zaid appeals the judgment entered on a jury verdict in favor of Weingarten Realty Investors (“Weingarten”) in a suit on a commercial lease. Zaid claims that: (1) Weingarten failed to meet its duty to mitigate damages, (2) the trial court impermissibly commented on the weight of the evidence in its instructions to the jury, (3) the trial court erred in refusing to poll the jury on each qu... More...   $0 (08-31-2011 - TX)

This is an appeal from a judgment in an action challenging the approval of a project for development of a beverage distribution facility on grounds that the County of Sonoma failed to comply with the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.)1 before issuing a mitigated negative declaration. Plaintiff Beverly Schenck claims proper notice of the administrativ... More...   $0 (08-26-2011 - CA)

¶1 James Coddington was tried by jury and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CF-1997-1500. He received the death penalty. This Court affirmed Coddington's conviction, reversed the sentence, and remanded the case for resentencing. Coddington v. State, 2006 OK CR 34, 142 P.3d 437. Coddington again received the death penalty after a resentencing trial... More...   $0 (08-23-2011 - OK)

1 James Coddington was tried by jury and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CF-1997-1500. He received the death penalty. This Court affirmed Coddington's conviction, reversed the sentence, and remanded the case for resentencing. Coddington v. State, 2006 OK CR 34, 142 P.3d 437. Coddington again received the death penalty after a resentencing trial. ... More...   $0 (08-23-2011 - OK)

Kenneth D. Ledure ("Appellant") appeals from a judgment entered on a jury's verdict in favor of BNSF Railway Company ("Respondent") in his suit under the Federal Employers' Liability Act.1 In the suit, Appellant alleged that Respondent was negligent in failing to report or repair a defective switch, and that negligence resulted in whole or in part in an injury to his back. Appellant now claims the... More...   $0 (08-05-2011 - MO)

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea... More...   $0 (08-04-2011 - TX)

1 CPM Development Corporation seeks to develop a sand-and-gravel
2 operation on property adjacent to farm land owned by petitioners in Polk County. In
3 pursuing that development, CPM submitted a three-part application to the county, and the
4 county approved it. Petitioners appealed the county's decision to LUBA. LUBA rejected
5 most of petitioners' assignments of error but remand... More...   $0 (08-03-2011 - OR)

Kyle Barousse, an employee of Hertz Equipment Rental Corporation (Hertz), filed a worker’s compensation claim after he sustained injuries in a collision that occurred while he was riding as a passenger in a company vehicle. Hertz fired Barousse the day he returned from medical leave for those injuries, and Barousse sued Hertz under section 451.001(1) of the Texas Labor Code, contending that it ... More...   $0 (07-28-2011 - TX)

The Sierra Club and several related parties brought this action against the U.S. Army Corps of Engineers (the Corps) in February 2010, seeking to set aside a Clean Water Act permit (the § 404 permit) the Corps had issued to the Southwestern Electric Power Company (SWEPCO) which planned to construct a new power plant.

After SWEPCO intervened as a defendant, the Sierra Club moved to enjoin c... More...   $0 (07-14-2011 - AR)

Redrock Valley Ranch, LLC (RVR) proposes to export water from one hydrographic basin to another in northern Nevada. Both basins lie in Washoe County. The State Engineer approved the transfer applications, but Washoe County declined to grant RVR a special use permit for the pipelines, pump houses, and other infrastructure needed to make the water exportation plan a reality. The distr... More...   $0 (07-07-2011 - NV)

Del Cerro Mobile Estates (Del Cerro) appeals from a judgment of dismissal after the trial court sustained a demurrer filed by the Orange County Transportation Authority (OCTA) and the City of Placentia and its city council (the City) to Del Cerro‟s first amended complaint for declaratory and injunctive relief and petition for writ of mandate. Del Cerro challenged the adequacy, under the Californ... More...   $0 (07-07-2011 - CA)