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Probate Law
 
State of Ohio V. Lowell W. Ludwick Man convicted of trying to find hitman to kill his wife

On April 28, 2016, a Franklin County Grand Jury indicted Ludwick for one count of conspiracy in connection with a plot to hire someone to murder his wife. (Apr. 28, 2016 Indictment at 1-2.) A trial began in the case with jury selection on February 6, 2017. (Tr. Vol. I at 5, filed on May 15, 2017.) The three witnesses who testified during the trial were the detective who investigated the case,... More...   $0 (11-12-2017 - OH)

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Stara Orien v. Mista L. Lutz

Defendants Mista L. Lutz and Russell A. Howells appeal
from an order granting attorney fees to plaintiff Stara Orien,
respondent here, after the trial court entered an interlocutory
judgment of partition in her favor. The trial court found that an
attorney fee provision in an earlier settlement agreement among
the parties applied to the partition action, and thus awarded allMore...
   $0 (11-04-2017 - CA)

Jose Francisco Aviles v. Tracy J. Swearingen

In this case of first impression, we apply newly
enacted Probate Code section 21310. If, in theory, this could lead
to a debatable result, so be it. There is no “play in the joints” in
probate law, as Chief Justice Rehnquist would say. We “strictly”
follow probate law as given to us by the Legislature. (Estate of
Shellenbarger (2008) 169 Cal.App.4th 894, 896.)
Tracy J. Swea... More...
   $0 (10-25-2017 - CA)

In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort... More...   $0 (10-21-2017 - FL)

Johnathan Jones v. Law Vegas Metropolitan Police Department Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We consider whether police officers are entitled to
qualified immunity when they’re alleged to have caused the
death of a suspect by using tasers repeatedly and
simultaneously for an extended period.
BACKGROUND1
In the early morning of December 11, 2010, Officer Mark
Hatten of the Las Vegas Metropolitan Police Department
pulled over Anthony Jones for a routine traffic s... More...
   $0 (10-20-2017 - NV)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

United States of America v. Shirley Ernestine Molina Northern District of California Federal Courthouse - San Jose, California

San Francisco, CA - Southern California Woman Sentenced To Almost Six Years In Prison For Role In Wire Fraud Scheme - Defendant defrauded victims of more than $6 million by lying about the existence of a sick heiress in need of medical care

Shirley Ernestine Molina was sentenced to 71 months in prison for wire fraud and for her role in a conspiracy to commit wire fraud, announced United ... More...
   $0 (10-09-2017 - CA)

Willis E. Urick, III v. Dana Urick as Trustee, etc.

A beneficiary filed a petition for instructions as to
whether the “no contest” clause of his mother’s trust had
been violated after his sister sought to reform the trust to
eliminate his interest. The sister, in her capacity as trustee,
filed a special motion to strike the petition under Code of
Civil Procedure section 425.16 (the anti-SLAPP statute),
1
which the probat... More...
   $0 (10-09-2017 - CA)

United States of America v. Shirley Ernestine Molina Northern District of California Federal Courthouse - San Jose, California

San Jose, CA - Southern California Woman Sentenced To Almost Six Years In Prison For Role In Wire Fraud Scheme - Defendant defrauded victims of more than $6 million by lying about the existence of a sick heiress in need of medical care

Shirley Ernestine Molina was sentenced to 71 months in prison for wire fraud and for her role in a conspiracy to commit wire fraud, announced United State... More...
   $0 (10-07-2017 - CA)

In The Matter of Max Hopper, Decedent Dallas County Courthouse - Dallas, Texas

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.
... More...
   $0 (09-27-2017 - TX)

Bowie County Courthouse - Texarkana, Texas

In December 2014, Dorothy Johnson applied to be named Independent Administrator of the relatively modest decedent’s estate of Bobby Ray Singleton, who had died apparently without a will and as a still-single widower. In late March 2016, at least in part supported by various affidavits apparently sponsored by Johnson, the County Court at Law of Bowie County entered two orders, one appointing Johnso... More...   $0 (09-23-2017 - TX)

Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er... More...
   $0 (09-23-2017 - TX)

The Law Offices of John S. Young, P.C. v. Michael Deadman, Temporary Administrator of The Estate of John Edward Sullivan, Deceased

The Law Offices of John S. Young, P.C.1 appeals from the trial court’s final summary
judgment dismissing its claims against Michael Deadman, temporary administrator of the estate of
John Edward Sullivan. In four issues, the Law Office contends that the trial court erred in granting
summary judgment in Deadman’s favor. We will affirm the trial court’s summary judgment.
BACKGROUNDMore...
   $0 (09-15-2017 - TX)

Valentina Sheshtawy, et al. v. J. Gary Gray, et al.

Plaintiffs Valentina Sheshtawy, L. S., Don Peterson, Mackey Peterson,
Lonny Peterson, Edward G. Rizk, and Maxwell Rizk (collectively “Plaintiffs”)
sued Defendants1 asserting claims for (1) conspiracy under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”); (2) common law fraud;
and (3) breach of fiduciary relationship.2 Plaintiffs are comprised of
individuals invo... More...
   $0 (09-14-2017 - TX)

Susan Dent v. Kenneth S. Wolf, as Special Administrator, etc.

After concluding that appellant Susan Dent lacked
standing, the trial court dismissed her paternity lawsuit. The
narrow issue on appeal is whether a child who seeks a
declaration of paternity after her putative father is deceased
presents a justiciable controversy when the child requests no
financial remuneration. We conclude that Dent has standing to
pursue her paternity l... More...
   $0 (09-13-2017 - CA)

David Ceruolo v. Martha Garcia Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe... More...
   $0 (09-07-2017 - MA)

United States of America v. Robert Stephens Federal Courthouse - San Jose, California

San Jose, CA - Petaluma Resident Sentenced To 3.5 Years In Prison For Role In Wire Fraud Scheme

Defendant defrauded victims of more than $7 million by lying about the existence of a sick heiress in need of medical care

Robert Stephens was sentenced to 42 months in federal prison for conspiracy to commit wire fraud, wire fraud, and money laundering, announced United States Attorn... More...
   $0 (08-25-2017 - CA)

Richard Cash v. Cara King and Christian Cash

This is an appeal from a summary judgment in which the trial court declared the parties’ respective rights and interests regarding a mineral estate. Richard Cash argues the trial court erred by misconstruing assignments appellees Cara King and Chris Cash had executed, rendering a declaratory judgment, and awarding attorney’s fees. We affirm the trial court’s judgment.
1 Sitting by assignment.<... More...
   $0 (08-23-2017 - TX)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Sylla Bangaly v. Alfred B. Baggiani

¶ 1 The instant appeal concerns a criminal contempt finding arising out of wrongful death
litigation in which the contemnor, Bangaly Sylla,1 was involved as the administrator of the
1We note that, due to inconsistencies in the record on appeal, Sylla was referred to as “Sylla
Bangaly” in our earlier opinion concerning that litigation but is actually named “Bangaly Sylla.”
No. 1-15-... More...
   $0 (08-02-2017 - IL)

Marianne Irvin v. Contra Costa County Employees'Retirement Association

Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively,
Marianne and Richard), obtained a judgment of legal separation a few months before his
death. Notwithstanding the separation, the couple‘s agreement dividing their assets
reflected Richard‘s intent that Marianne would receive the pension benefits available to a
surviving spouse after his death. Defendant Co... More...
   $0 (07-16-2017 - CA)

In re Jennifer Durbin; Robert L. Gibbins, Jr.; Steve A. Gibbins; and Kyndal Wood

Relators Jennifer Durbin, Robert L. Gibbins Jr., Steve A. Gibbins, and Kyndal Wood
filed a petition for writ of mandamus asking this Court to direct the trial court to vacate or set aside
its orders denying the relators’ motions to compel discovery in a probate proceeding. See Tex. Gov’t
Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relators filed a motion for
... More...
   $0 (06-17-2017 - TX)

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