Dear Mayor Berry:

We write to report the findings of the Department of Justice’s civil investigation of the Albuquerque Police Department (“APDâ€� or “the departmentâ€�). Our investigation focused on allegations of use of excessive force by APD officers under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 (“Section 14141â€�). Section 14141 makes it u... More...   $0 (04-11-2014 - NM)

WASHINGTON, DC – The Justice Department announced today that it has entered into a statewide settlement agreement that will resolve violations of the Americans with Disabilities Act (ADA) for approximately 3,250 Rhode Islanders with intellectual and developmental disabilities (I/DD). The landmark ten year agreement is the nation’s first statewide settlement to address the rights of people wit... More...   $0 (04-09-2014 - DC)

The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMO’s),1 the law imposes an obligation on the HMO’s to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to the HMO’s. HMO’s sometimes delegate the... More...   $0 (04-02-2014 - CA)

COMES NOW the Plaintiffs, Cherry K. Lashomb and Mark Lashomb, Husband and Wife, (hereinafter collectively referred to as “Plaintiffs�) and for their causes of action against Defendants, Midwest Coatings, Inc., (hereinafter “Midwest Coatings�), and Larry Alexander Ellis (hereinafter “Ellis�), allege and state as follows:

JURISDICTION

1. Plaintiffs are residents of the Stat... More...   $0 (02-20-2014 - OK)

A man who fraudulently convinced 11 persons to loan him a total of $3.6 million for the purchase of a golf course near Gardnerville, Nev., pleaded guilty today to 24 federal felony charges, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Scott H. Summerhays, 55, formerly of the South Lake Tahoe area, but currently in custody in Reno, pleaded guilty during the ... More...   $0 (02-12-2014 - NV)

K.S.A. 40-3403(h) provides that a health care provider qualified for coverage under the Health Care Stabilization Fund created by the Health Care Provider Insurance Availability Act (HCPIAA), K.S.A. 40-3401 et seq., "shall have no vicarious liability or responsibility for any injury . . . arising out of the rendering of or the failure to render professional services . . . by any other health care ... More...   $0 (01-24-2014 - KS)

In the underlying action, the trial court ordered the entry of a default against appellants as a sanction for discovery abuse, and issued a default judgment awarding respondent damages and injunctive relief. Appellants contend that the discovery sanctions were improper, that the complaint stated no cause of action, that they received inadequate notice of the damages respondent sought, and that the... More...   $0 (01-24-2014 - CA)

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclosure f... More...   $0 (01-23-2014 - CA)

Plaintiff-Appellee Wellogix, Inc. alleged that Defendant-Appellant Accenture, L.L.P, misappropriated its trade secrets. After a nine-day trial, a jury returned a unanimous verdict against Accenture, awarding Wellogix compensatory and punitive damages. After a careful review of the record, we find that there was sufficient evidence to support the jury’s verdict, and the resulting damages awards. ... More...   $0 (01-15-2014 - TX)

More than 70 residents of a 186-space mobilehome park sued the owner for failing to properly maintain the park’s physical improvements and common facilities, including the park’s sewer system, water pressure, electrical system, and matters related to security such * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception o... More...   $0 (12-03-2013 - CA)

Terry Clark appeals the denial of his declaratory judgment action against David Francis, in which Clark sought a declaration that he and Francis had a partnership agreement as to ownership of certain business entities. Clark argues that the trial court lacked subject matter jurisdiction over the claim because some of the property owned by the entities was located in Kansas. Clark further argues th... More...   $0 (10-29-2013 - MO)

This is an appeal from a judgment after a jury trial in a case arising from two real estate transactions. Appellants Peterson Group, Inc., PGI Development, L.P., and Wellington Yu sued appellees PLTQ Lotus Group, L.P. and Cubo Group,

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L.L.C. (collectively, “PLTQâ€�) for money due under a purchase agreement and a real estate development agreement. PLTQ countersued for breach of the... More...   $0 (10-20-2013 - TX)

This is an appeal from a summary judgment granted in a declaratory judgment

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action. Appellee limited partnerships W-Bar Ranches, Ltd., E&M Ranches, Ltd., and 3JKC Investments, Ltd. (“W-Bar,â€� “E&M,â€� and “3JKC,â€� respectively), sought a declaration that the partnership agreements governing those entities should be rescinded as to Joshua Edward Wernecke,1 a minor who was na... More...   $0 (10-03-2013 - TX)

This appeal concerns disputes related to the financing of an oil and gas drilling project in Arkansas. In two issues that each contain multiple arguments within them, appellant The Strickland Group, Inc. (Strickland) appeals the trial court’s take-nothing judgment in favor of appellees Pathfinder Exploration, LLC (Pathfinder) and Jerry Wilson. We affirm.

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1See ... More...   $0 (09-05-2013 - TX)

David Demers is a tenured associate professor at Washington State University. He brought suit alleging that university administrators retaliated against him in violation of the First Amendment for distributing a short pamphlet and drafts from an in-progress book. The district court granted summary judgment for the defendants, finding that the pamphlet and draft were distributed pursuant to Demersâ... More...   $0 (09-04-2013 - WA)

This case results from the downfall of a real estate empire built by W. Eric Brauss through a complex web of real estate limited partnerships involving hundreds of investors and creditors. When some of the investors began to realize the empire was crumbling, Brauss fired all the employees at his management company, Today Realty Advisors, Inc. (TRA), and left the country. Several lawsuits were file... More...   $0 (08-13-2013 - TX)

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an... More...   $0 (06-27-2013 - OK)

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith
Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which... More...   $0 (06-26-2013 - )

The public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry. That question has also given rise to litigation.In this case, petitioners, who oppose same-sex marriage, ask us to decide whether the Equal Protection Clause “prohibits the State of California from defining marriage as the union of a man and a woman.â€� Pet. for Cert. i. Respon... More...   $0 (06-26-2013 - DC)

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...   $0 (06-19-2013 - MA)

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

Plaintiffs Glenda Johnson and Steven Lucier appeal an order of the United States District Court for the Eastern District of Pennsylvania denying their motion to remand this action to Pennsylvania state court. They contend that the District Court lacks subject matter jurisdiction over their claims because the parties do not have complete diversity of
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citizenship. We conclude that the Dist... More...   $0 (06-07-2013 - PA)

The Section 8 program is a vast effort on the part of federal, state, and local authorities to provide decent, safe, and sanitary housing to low-income families, the elderly, and the disabled. The program is administered by the U.S. Department of Housing and Urban Development ("HUD") in conjunction with state and local public housing agencies across the country. Under the part of the program at i... More...   $0 (05-16-2013 - ME)

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

Tiela Chalmers and Michael F.,1 the biological parents of Eliana F., entered into a contract to share custody of Eliana. At the time of Eliana‟s birth, Tiela was in a relationship with Lisa Hirschkop. In 2008, after Tiela and Lisa had terminated their relationship, Lisa filed a request as a stepparent pursuant to Family Code section 3101 for visitation with Eliana.2 The court‟s order on Octobe... More...   $0 (01-30-2013 - CA)