Mitigation Law
 
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SEAN PATRICK DOWNES

¶1 Complainant, the Oklahoma Bar Association (OBA), alleged four counts of misconduct warranting discipline against respondent attorney, Sean Patrick Downes (Respondent). These proceedings were initiated under rule 6 of the Rules Governing Disciplinary Proceedings (RGDP).1 The complaint alleged that Respondent had violated Rules 1.1,2 1.3,3 1.4,4 1.7(b),5 1.8(b),6 1.15,7 1.16(a)(1) and (d),8 2.1,... More...   $0 (05-10-2005 - )

Allen B. Suopys v. Omaha Property & Casualty

Allen B. Suopys ("Suopys") appeals from an order of the United States District Court for the District of New Jersey granting summary judgment in favor of Omaha Property & Casualty ("Omaha"). Suopys claims that he sustained property losses that are covered by the Standard Flood Insurance Policy ("SFIP") issued to him by Omaha in its capacity as a "Write-Your-Own" Program Company particip... More...   $0 (04-22-2005 - NJ)

City of San Diego v. D.R. Horton San Diego Holding Company, Inc.

In this eminent domain action, the City of San Diego (City) sought to acquire approximately 12.69 acres of property from a larger parcel owned by D.R. Horton San Diego Holding Company, Inc. (Horton) for a particular segment of the State Route 56 freeway project. In a special verdict, the jury determined that the fair market value of the property taken was $5,589,200, that severance damage... More...   $5589200 (02-09-2005 - CA)

Royal Carpet Mills, Inc. v. City of Irvine, et al.

Essex Property Trust, Inc. (Essex), applied for a conditional use permit to construct an apartment building in an industrialized area of Irvine, California (the City).

The City issued a negative environmental declaration and a conditional use permit. Royalty Carpet Mills, Inc. (Royalty), filed a petition for writ of mandate challenging the City's actions, alleging the City failed to co... More...   $0 (01-18-2005 - CA)

Travis Hull and Shelly Hull v. Daimlerchrysler Corporation

2 1 Appellant DaimlerChrysler Corporation appeals from a judgment entered after a jury verdict in favor of appellees Travis and Shelly Hull in the Hulls' "Lemon Law" action. DaimlerChrysler contends the trial court erred in several respects, including denying DaimlerChrysler's motion to dismiss the action because the Hulls had sold the vehicle before trial and were no longer entitled to th... More...   $0 (01-06-2005 - AZ)

Nasha, L.L.C. v. City of Los Angeles, et al.

Plaintiff and appellant Nasha L.L.C. (Nasha) appeals a judgment denying its petition for writ of mandate (Code Civ. Proc., § 1094.5),1 wherein Nasha sought to overturn an adverse decision by the South Valley Area Planning Commission (Planning Commission).2

The essential issue presented is whether the Planning Commission's decision should be set aside due to an unacceptable probability... More...   $0 (01-02-2005 - CA)

Kenneth Eugene Turrentine v. Mike Mullin, Warden.

Currently on death row in the State of Oklahoma, Petitioner Kenneth E. Turrentine ("Mr. Turrentine" or "Petitioner") appeals the final order of the United States District Court for the Northern District of Oklahoma, which denied him a writ of habeas corpus on his petition filed pursuant to 28 U.S.C. § 2254. Mr. Turrentine was convicted in the Oklahoma courts on four counts of first degree mur... More...   $0 (12-01-2004 - OK)

Joseph Mroz v. Robert Harrison

Appellant-Defendant Joseph Mroz ("Mroz") appeals the trial court's judgment in favor of Appellee-Plaintiff Robert Harrison ("Harrison"). We affirm. Issues

Mroz raises four issues, which we consolidate and restate as:

Whether the trial court abused its discretion when it refused to allow Mroz to refresh Harrison's recollection of an alleged fall, pursuant to Indiana Evidence Rule 612; ... More...   $9000 (11-02-2004 - IN)

Midwest Oilseeds v. Limagrain Genetics

The parties to this diversity action together pioneered the marketing of soybean seeds in the 1970s, jointly ventured into the seed-breeding business in the 1980s, and wound up in federal court when their industry entered the biotechnology age. The main issue on appeal is whether restrictions in the parties' 1986 joint-venture agreement (the Agreement) applied to the inheritable genetic m... More...   $40892353 (10-28-2004 - IA)

Rocky Eugene Dodd v. State of Oklahoma

¶1 Appellant, Rocky Eugene Dodd, was convicted by a jury in Oklahoma County District Court, Case No. CF-94-7724, of two counts of First-Degree Murder, 21 O.S.1991, § 701.7(A). Jury trial was held January 14 through February 13, 2002, before the Honorable Twyla Mason Gray, District Judge. As to each count, the jury recommended the death penalty after having found the existence of two of the fo... More...   $0 (10-21-2004 - OK)

TA Realty Associates Fund V, L.P. v. NCNB 1500, Inc.

TA Realty Associates Fund V, L.P. ("Landlord") appeals from a judgment entered by the Circuit Court of St. Louis County denying its claim for damages resulting from the breach of a lease by NCNB 1500, Inc. ("Tenant"). Landlord alleges that the trial court erred by ruling that its failure to fully comply with a subpoena duces tecum precluded judgment in its favor. Landlord also alleges that the cou... More...   $55458 (09-21-2004 - MO)

Cold Mountain, et al. v. David P. Garber, et al.

We must decide whether the United States Forest Service's issuance of a permit to operate a bison capture facility in Montana violated the Endangered Species Act or the National Environmental Policy Act.

I On the precipice of extinction in the early twentieth century, the Yellowstone bison herd has been pulled back from the brink by careful management.1 Yet the annual migration of ... More...   $0 (08-10-2004 - MT)

Roderick L. Smith v. Mike Mullins, Warden, Oklahoma State Penitentiary

Roderick Lynn Smith, an Oklahoma state prisoner, was sentenced to death for the 1993 murders of his wife and stepchildren. Challenging his convictions and death sentence, Mr. Smith petitioned for a writ of habeas corpus in federal district court pursuant to 28 U.S.C. § 2254.(1) The district court denied relief in an unpublished opinion, but granted a Certificate of Appealability (COA), see 28 ... More...   $0 (07-31-2004 - OK)

Annette F. v. Sharon S.

This case is a spin-off of the highly publicized and controversial litigation over the validity of "second-parent" adoptions in Sharon S. v. Superior Court (2003) 31 Cal.4th 417. In this matter, Sharon S. (Sharon) appeals from an order denying her special motion to strike a libel complaint filed against her by her former partner in a lesbian relationship, Annette F. (Annette). We conclude th... More...   $0 (07-02-2004 - CA)

State of Washington v. Cruz

Can mitigation be effectively communicated to jurors during the death-penalty sentencing phase even when the neuropsychiatrically impaired, but nonetheless legally competent defendant proclaims innocence after having been convicted and even though he insists on testifying at the trial's penalty phase?

Mitigating Circumstance:

In terrifying murders, even under optimal conditions, p... More...   $0 (06-14-2004 - WA)

HECTOR MUÑIZ ET AL., v. DR. SALVADOR ROVIRA, A/K/A DR. SALVADOR ROVIRA-MARTINO

This is a diversity action, 28 U.S.C. § 1332(a), in which the real party in interest -- plaintiff-appellee Moises Muñiz Crespo -- sued Dr. Salvador Rovira-Martino (Dr. Rovira) for medical malpractice. (1) The case was tried to a jury from May 7 through May 15, 2003, culminating in a verdict for $2,000,000 in compensatory damages. After reducing the award to take into account sums paid by other ... More...   $1790000 (06-08-2004 - PR)

Manufacturers Auto Leasing, Inc. v. Autoflex Leasing, Inc.

Autoflex Leasing, Inc. ("Autoflex") sued Manufacturers Auto Leasing, Inc. ("MAL") under the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C.A. § 227 (West 2001). The trial court granted Autoflex's partial motion for summary judgment and, after a trial, awarded Autoflex damages. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

On July 7, 2000, Autoflex, which is a auto l... More...   $0 (05-07-2004 - TX)

State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court, relator, v. Edward L. Wintroub.

The office of the Counsel for Discipline of the Nebraska Supreme Court, as relator, commenced this disciplinary proceeding against attorney Edward L. Wintroub, respondent. Following an evidentiary hearing, a referee appointed by this court found multiple violations of the Code of Professional Responsibility and recommended a 1-year period of suspension, with readmission subject to a period of prob... More...   $0 (04-23-2004 - NE)

Edward Bruce Primeaux v. State of Oklahoma

¶1 Appellant, Edward Bruce Primeaux, was charged with two counts of alternative theories of First Degree Murder (malice murder or felony murder) in violation of 21 O.S.Supp.1999, § 701.7 (A) & (B), in Case No. CF-2000-396 in the District Court of Kay County, for the deaths of Warren Littlecook and Julia Bear who were killed on July 5, 2000, in Ponca City, Oklahoma.

¶2 The State filed a... More...
   $0 (04-06-2004 - OK)

Kennth A. Castellucci v. Mark A. Battista

The defendant Mark A. Battista's appeal seeks review of a Superior Court judgment denying his motion for a new trial after he was adjudged liable for compensatory and punitive damages in this civil suit. Battista asks this Court to grant a new trial on both liability and damages based on several errors which he claims were made by the trial justice. In the alternative, he asks that the pu... More...   $400000 (03-21-2004 - RI)

Merrill Lynch Pierce Fenner & Smith, Inc. v. Michael H. Fakih, M.D.

Following a bench trial, defendant/counter-plaintiff Maha Fakih appeals as of right the trial court's order entering a money judgment in favor of plaintiff/counter-defendant Merrill Lynch Pierce Fenner & Smith, Inc. (Merrill Lynch), and dismissing for no cause of action her counterclaims. Merrill Lynch cross-appeals the trial court's dismissal for no cause of action its claims against defen... More...   $81048 (03-14-2004 - MI)

State Farm Mutual Automobile Insurance Company v. Wilfer Henderson.

This appeal was certified to us by the Arkansas Court of Appeals as presenting an issue of substantial public interest needing further development of the law: Whether an insurance policy providing for uninsured-motorist coverage in a hit-and-run situation only if there is an actual collision between the vehicles violates our statutory law or public policy. Appellant State Farm Mutual Automobile In... More...   $0 (03-04-2004 - AR)

J.S.P.R. Enterprises, Inc., a Nebraska corporation v. S & B Incorporated, a Nebraska corporation, and H. Dale Sostad.

S & B Incorporated and H. Dale Sostad (hereinafter collectively Sellers) appeal the order of the district court for Buffalo County, Nebraska, denying Sellers' motion for new trial, which was premised on the court's failure to instruct the jury on the issue of mitigation of damages in a suit concerning the sale of an insurance agency to J.S.P.R. Enterprises, Inc. (J.S.P.R.). We conclude that the ev... More...   $28210 (01-27-2004 - NE)

Ameristar Jet Charter, Inc., and Sierra American Corporation v. Dodson International Parts, Inc.; Houston Casualty Company and Howe Associates, Inc

This appeal stems from complex commercial litigation involving an airplane that made an emergency landing near Kansas City's Downtown Airport. The parties to this appeal include the airplane's owner/operator; the company that insured the airplane; and the company that hauled the airplane after the landing. The plane's owner/operator sued the insurance company and the hauler to recover damages purp... More...   $1500000 (01-20-2004 - MO)

Charlie Lee, et al. v. United States Air Force, et al.

This case involves an environmental law challenge to United States Air Force ("U.S. Air Force") plans to permit the German Air Force to station, for training purposes, thirty fighter aircraft at Holloman Air Force Base ("Holloman"), in addition to the twelve already there. The suit was brought by ranchers and livestock raising associations (referred to collectively as "Appellants") located near Ho... More...   $0 (01-14-2004 - CO)

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