Quo Warranto Law
 
Li Guan v. Yongmei Hu

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc... More...
   $0 (06-04-2017 - CA)

City of Morgan Hill v. Shannon Bushey

Appellant Morgan Hill Hotel Coalition (Coalition) appeals from the superior
court’s order granting a mandate petition brought by respondent City of Morgan Hill
(City) and removing from the June 2016 ballot Coalition’s referendum challenging City’s
ordinance changing the zoning for a parcel owned by respondent River Park Hospitality
(River Park). Although Coalition’s referendum had ... More...
   $0 (05-31-2017 - CA)

STATE OF KANSAS v. KYLER WAYNE CARRIKER

On April 18, 2013, Lorenzo Spires picked up his friends Dennis Haynes and John Carter for the purpose of meeting up with Carriker to buy drugs. Haynes had a gun with him. Carriker had arranged for the drug sale to take place at the home of Kyle Beltz and instructed Spires to park at a smoke shop near Beltz' house. When Spires arrived, Carriker approached the vehicle and told Spires, Haynes, and C... More...   $0 (05-17-2017 - KS)

STATE OF KANSAS v. VERNON R. GILLILAND

This is Vernon Gilliland's third appeal following his conviction for aggravated criminal sodomy against a victim under the age of 14. Following his conviction, Gilliland moved for a departure sentence which the district court denied. In State v. Gilliland, 294 Kan. 519, 552, 276 P.3d 165 (2012) (Gilliland I), the Kansas Supreme Court affirmed his conviction but vacated his sentence and remanded fo... More...   $0 (05-16-2017 - KS)

Traci Rena Brown v. The State of Texas

On February 2, 2015, Investigator Michael Neagle of the Wise County
Sheriff’s Department signed an affidavit for a search warrant pertaining to
Brown’s residence in Chico. In his affidavit, Investigator Neagle described the
location of the residence, stated that the residence was controlled by Brown and
Johnathan Becker, and averred that a “2003 P[o]laris 4-wheeler . . . [and]... More...
   $0 (05-05-2017 - TX)

DARCIE LOUISE SPILLERS V. THE STATE OF TEXAS Woman sentenced to 20 years for intoxication manslaughter

In August 2013, Spillers was involved in a one-car accident around 10:00 p.m.
When emergency vehicles arrived at the scene, they found the car in a ditch and
Brion Vaughn lodged under the car, but Spillers was not there. Deputy J. Manuel
had been dispatched to a nearby home, where he encountered Spillers and learned
she had been involved in the car accident. Deputy Manuel to... More...
   $0 (05-04-2017 - TX)

LARRY EARL LEE V. THE STATE OF TEXAS

Larry Earl Lee appeals his conviction for burglary of a habitation. In four issues,
appellant contends the evidence is insufficient to support his conviction, and the trial court
abused its discretion in refusing to submit a lesser included offense instruction to the jury and
overruling his motion to suppress. In two cross-issues, the State requests we modify the
judgment to ... More...
   $0 (04-27-2017 - TX)

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

True Blue Animal Rescue, Inc. v. Waller County Waller County Texas Courthouse - Hempstead, Texas

In this interlocutory appeal, appellant True Blue Animal Rescue, Inc. challenges the trial court’s denial of its application for a temporary injunction against appellee Waller County. Because True Blue did not meet its burdens to plead a cause of action against Waller County and to produce some evidence
2
establishing a probable right to relief, we affirm the denial of a temporary
inju... More...
   $0 (04-23-2017 - )

STATE OF KANSAS v. TRENTON BISHOP

The State charged Bishop with kidnapping, aggravated burglary, and two counts of aggravated robbery arising out of the home invasion. During his jury trial Bishop and the State reached a plea agreement whereby Bishop pled guilty to a single count of aggravated robbery and the State dismissed the remaining charges. Further, they agreed that Bishop could argue for a departure at sentencing.
<... More...
   $0 (04-17-2017 - KS)

Poet, LLC v. State Air Resources Board

The California Global Warming Solutions Act of 2006 (Health & Saf. Code,
§ 38500 et seq.) established the first comprehensive greenhouse gas regulatory program
in the United States. Its goal is to progressively reduce greenhouse gas emissions to 1990
levels by 2020. The State Air Resources Board (ARB) was charged with achieving this
goal. One of its actions was promulgating the low... More...
   $0 (04-11-2017 - )

In re the Marriage: Rachelle K. Black, Petitioner, and Charles W. Black, Respondent

Rachelle and Charles Black were married for nearly 20
years and have three sons. They raised their children in a conservative Christian
church and sent them to private, Christian schools. In 2011, Rachelle1 told Charles
that she is a lesbian. In the order of dissolution, the trial court designated Charles as
the primary residential parent. The final parenting plan also awarded Char... More...
   $0 (04-06-2017 - WA)

STATE OF KANSAS v. JAMES FRANKLIN ATKISSON, JR.

On January 10, 2014, the State charged Atkisson with two counts of off-grid rape for having sexual intercourse with A.A.B., who was under 14 years of age. The parties subsequently entered in a plea agreement whereby Atkisson would plead no contest to one count of rape in exchange for dismissal of the other count. The State agreed to recommend that Atkisson receive a departure to a severity level 1... More...   $0 (04-03-2017 - KS)

STATE OF NEW JERSEY v. DENIS A. CATANIA, a/k/a DENNIS CATANIA

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On December 21, 2011, an Atlantic County grand jury returned
an indictment1 charging defendant Den... More...
   $0 (03-27-2017 - NJ)

United States of America v. Richard Ferdinand Toussaint, Jr.

Dallas, TX - Anesthesiologist and Forest Park Medical Center Founder Pleads Guilty to $40 Million Kickback Scheme

Richard Ferdinand Toussaint, Jr., 58, of Dallas pleaded guilty to one count of conspiracy to pay health care bribes and kickbacks and one count of offering or paying illegal remuneration and aiding and abetting under the Travel Act.

Toussaint faces a maximum statutory... More...
   $0 (03-18-2017 - TX)

United States of America v. Richard Ferdinand Toussaint, Jr.

Anesthesiologist and Forest Park Medical Center Founder Pleads Guilty to $40 Million Kickback Scheme

DALLAS — Richard Ferdinand Toussaint, Jr., 58, of Dallas appeared today before U.S. District Judge Sidney A. Fitzwater and pleaded guilty to one count of conspiracy to pay health care bribes and kickbacks and one count of offering or paying illegal remuneration and aiding and abetting unde... More...
   $0 (03-18-2017 - )

Tony Webster vs. Hennepin County and Hennepin County Sheriff’s Office

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On August 12, 2015, Webster submitted 14 requests to Hennepin County for public
government data under the Data Practices Act. Among Webste... More...
   $0 (03-17-2017 - MN)

Sergey Efremov v. Geosteering, L.L.C.

Plaintiff/appellee GeoSteering LLC sued defendant/appellant Sergey Efremov seeking a temporary restraining order, a temporary injunction, a permanent injunction, and damages. The trial court entered a temporary injunction in GeoSteering’s favor, and Efremov brought this interlocutory appeal.
2
BACKGROUND
The service of “geosteering” involves monitoring drilling operations using real-ti... More...
   $0 (03-15-2017 - TX)

Kim Hardy v. Tournament Players Club at Southwind, Inc., d/b/a "TPC Southwind", et al.

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This is an interlocutory appeal from the trial court‘s grant of a motion to dismiss for failure to... More...
   $0 (03-13-2017 - TN)

Jane Doe v. Mercy Catholic Medical Center

Medical residencies are a vital component of American medical education. McKeesport Hosp. v. ACGME, 24 F.3d 519, 525 (3d Cir. 1994). They provide new doctors a supervised transition between the pure academics of medical school and the realities of practice. Generally they do so successfully: Our nation’s residency programs reliably produce some of the “finest physicians and medical researchers in ... More...   $0 (03-13-2017 - PA)

JON-DAVID BARNHILL v. BRW EXPRESS, et al. and ALLIED WASTE, INC. and AMERICAN HOME ASSURANCE CO

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Barnhill was driving a truck for Allied Waste Services when he came upon a collision blocking his ... More...
   $0 (03-11-2017 - KS)

STATE OF KANSAS v. JACK R. LAPOINTE

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The question before us rests on the procedural history of the case, not the underlying facts of th... More...
   $0 (03-10-2017 - KS)

Christopher Michael Hughes v. AGE Industries, Ltd.

Christopher Michael Hughes appeals the trial court’s order granting a temporary injunction in favor of Age Industries, Ltd. (“AI”). Hughes contends the trial court erred in granting the temporary injunction because: (1) AI’s petition failed to meet the requirements of TEX. R. CIV. P. 682; (2) the temporary injunction does not maintain the status quo; (3) AI failed to plead a proper cause of action... More...   $0 (03-09-2017 - TX)

STATE OF NEW JERSEY v. ANDREW JAMES

At the suppression hearing, police officer Brian Hambrecht
testified as follows. During the afternoon of March 4, 2014, he
and fellow officer Nicholas Berardis were on patrol in a high
crime area of Atlantic City. Both officers were in a marked
police car and in uniform. Hambrecht noticed a man, later
identified as defendant, walking down the sidewalk. After
lookin... More...
   $0 (03-07-2017 - NJ)

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