Quo Warranto Law
 
UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The
events span decades and the cast of characters is large but this
appeal is circumscribed in scope making only certain details
pertinent. We chart the relevant origin and travel of the case,
saving the facts related to the maintained errors for later.1
A. The Indictment
In 2001, Bulger, who was on the run ... More...
   $0 (03-07-2016 - MA)

FEDERAL ELECTION COMMISSION v. CRAIG FOR U.S. SENATE AND LARRY E. CRAIG

Larry E. Craig represented Idaho in the United States Senate from 1991 to 2009. On June 11, 2007, he was flying from Idaho to Washington, D.C., with a stop for a connecting flight at the Minneapolis-St. Paul International Airport. During that stop, a police officer arrested the Senator in the airport bathroom on charges of disorderly conduct and interference with privacy. On August 1, Craig sig... More...   $0 (03-07-2016 - DC)

STATE OF KANSAS v. JALEN J. JONES

On the evening of August 24, 2013, Chandria Young was spending time at the house of her friend, Autumn Ashlock. Later that night, the two women were joined by three men, Quentin Lawrence, also known as Ratchet; Daijour Parker, also known as DP; and Dominque Gordon, also known as Bully. The three men were members of the Piru Blood gang. Young was in a relationship with Gordon, and Ashlock was in a ... More...   $0 (03-05-2016 - KS)

MONTANA CANNABIS INDUSTRY ASSOCIATION v. STATE OF MONTANA

This is the State’s second appeal from the First Judicial District Court’s
injunctions preventing implementation of certain provisions of the Act. Montana
Cannabis Industry Association v. State, 2012 MT 201, 366 Mont. 224, 286 P.3d 1161
(hereafter MCIA I). The Act repealed the 2004 Medical Marijuana Act (2004 Act)—
which was established by voter initiative (I-148)—and replaced... More...
   $0 (02-28-2016 - MT)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

Anita Jones v. Dr. Pepper Snapple Group, et al.

The pertinent facts are as follows. Plaintiff was a
temporary employee who worked as a machine operator at
defendant's manufacturing facility from March 2011 to October
2011. She was re-hired as a temporary employee in January 2012
and hired as a permanent employee on February 27, 2012. She
resigned on March 27, 2012.
Plaintiff alleges she was sexually harassed on... More...
   $0 (02-26-2016 - NJ)

Q-2, L.L.C. v. Wayne Hughes, Sr.

¶1 We are asked to decide only one issue in this case: how and when does a party acquire title to property under the doctrine of boundary by acquiescence? Does title transfer by operation of law at the time the elements of boundary by acquiescence are met or by judicial decree at the time the trial court enters its order? This case arises out of a boundary dispute involving Wayne Hughes and Patric... More...   $0 (02-16-2016 - )

Frantz Jerry Sainvil v. State of Indiana

At 1:15 a.m. on December 23, 2014, Officers Todd Allan Mattingly (“Officer
Mattingly”) and Sarah Gibson (“Officer Gibson”) with the Evansville Police
Department were working the third shift motor patrol for the police department
when they encountered a vehicle with an extremely dark window tint.
Believing that the tint was dark enough to constitute a violation, the officers More...
   $0 (02-16-2016 - IN)

Eugene Dullen v. State of Indiana

On March 1, 2013, Dullen pleaded guilty pursuant to a plea agreement and was
convicted of Class C felony1 criminal confinement resulting in bodily injury. As
part of the plea agreement, Dullen admitted to being a habitual offender.
Appellant’s App. at 25, 78-80. The trial court sentenced him to an aggregate
executed sentence of seven years, five years in the Indiana Departme... More...
   $0 (02-15-2016 - IN)

The State of Texas v. Matthew Akin

It is alleged that on June 3, 2014, Akin slapped a disabled resident (“the Resident”)
at the Corpus Christi State Supported Living Center where Akin was employed. Matthew
Baird of the Department of Family and Protective Services (“DFPS”) opened an
investigation into the incident. According to Baird’s report on the matter, he conducted
fourteen interviews and reviewed video an... More...
   $0 (02-04-2016 - TX)

The People of the State of Colorado v. Michael F. Blagg

Over ten years ago, a jury convicted Michael Blagg of first degree murder for
killing his wife. The trial court sentenced him to a mandatory term of life in prison
without parole. Years later, because of revelations about juror misconduct, the trial
court granted Blagg a new trial. In doing so, the court concluded that it was required to
restore the entire status quo ante, i... More...
   $0 (02-01-2016 - CO)

HYMAS v. US

Beginning in the 1970s, the Service entered into CFAs with farmers to manage public lands in the National Wildlife Refuge System for the conservation of migratory birds and wildlife, including at the Umatilla and McNary Refuges in the Pacific Northwest.1 See id. at 469–70.
1 The Umatilla Refuge covers more than 22,000 acres “within the upper reach of Lake Umatilla in Benton County, Washing... More...
   $0 (01-31-2016 - DC)

USA v. C. Nagin

A federal jury convicted Defendant C. Ray Nagin of bribery, “honestservices” wire fraud, conspiracy to commit bribery and honest-services wire fraud, conspiracy to commit money laundering, and filing false tax returns. The district court sentenced Nagin to ten years in prison, imposed forfeiture in the form of a personal money judgment, and ordered Nagin to pay restitution to the federal governme... More...   $0 (01-07-2016 - LA)

State Of Wisconsin v. Peterson

These cases arise from a John Doe proceeding originally initiated in Milwaukee County, and subsequently expanded to four additional counties, Iowa County, Dodge County, Dane County, and Columbia County. Though not consolidated, these proceedings have been overseen by a single John Doe judge and organized by a single special prosecutor (Francis Schmitz). For the sake of clarity, we will refer to al... More...   $0 (01-03-2016 - WI)

Ford Motor Co. v. United States

In this action, Plaintiff Ford Motor Company challenges, inter alia, the determination of the
U.S. Customs Service1 that 17 drawback claims filed by Ford prior to December 3, 2004 (the
“Drawback Claims”) were not deemed liquidated pursuant to 19 U.S.C. § 1504(a)(2), the statutory
amendment enacted by Congress in December 2004 to expressly provide for the deemed liquidation
of aging... More...
   $0 (01-01-2016 - NY)

State Of Kansas v. Hayden

On October 3, 2013, in case number 11 CR 1335, Hayden pled guilty to two counts of severity level 5 theft; two counts of severity level 7 theft; and one count of making a false information, a severity level 8 nonperson felony. Approximately 2 months later in case number 13 CR 1254, Hayden pled guilty to one count of severity level 7 theft.
The charges largely revolve around Hayden—doing bus... More...
   $0 (12-22-2015 - KS)

The People of the State of Colorado v. Shannon Nelson

In 2006, Nelson was convicted of five charges relating to sexual assaults allegedly
committed against her children. The trial court sentenced Nelson to prison for twenty
years to life, and ordered that she pay court costs, fees, and restitution. Specifically, the
trial court ordered Nelson to pay the following costs and fees: (1) $125.00 to the victim
compensation fund, (2) $... More...
   $0 (12-22-2015 - CO)

Clark v. Mitchell

In this case we are once again called upon to interpret the 1988 amendments
4 to the New Mexico Constitution governing judicial selection. The question before the
5 Court is whether Article VI, Section 33 of the New Mexico Constitution prohibits a
6 district judge who loses a nonpartisan retention election from being appointed to fill
7 the resulting vacancy created by that judge’s... More...
   $0 (12-22-2015 - NM)

Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL
leased its vehicles and provided drivers to QC, which operated “a bulk tank truck
network serving the chemical, bulk liquid, and energy markets.” App. 155. QC
contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking
sites, operated by Anadarko, an oil and gas producer and o... More...
   $0 (12-21-2015 - PA)

Securities and Exchange Commission v. Miller, et al.

This appeal arises out of a civil enforcement action brought by  the  Securities  and  Exchange  Commission  (“SEC”)  against  defendants  Samuel  Wyly  and  Charles  Wyly,  Jr.  (the  “Wyly brothers”).  After a jury found the Wyly Brothers liable for multiple  claims of securities fraud, the United States District Court for the  Southern District of New York (Shira A. Scheindlin, Judge) ordered  ... More...   $0 (12-20-2015 - NY)

BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe... More...   $0 (12-18-2015 - IA)

Watervale Marine Co., Ltd. v. Department of Homeland Security

This case presents the question whether the Secretary of the Department of Homeland Security – acting through the Coast Guard – may impose certain conditions (nonfinancial in nature) upon the release of ships suspected of violating the Act to Prevent Pollution from Ships. Ship owners appeal from the district court’s holding that the case is nonjusticiable. We disagree as to justiciability, but af... More...   $0 (12-15-2015 - DC)

Mike-sell's Potato Chip Co. v. NLRB

Petitioner had fallen on economic hard times, losing almost $5.5 million over four years, before the events in this case. Its main competitor, Frito-Lay, was underselling the Company and taking increasing market share. Frito-Lay, a much larger company, had apparently lower operating costs in part because it produced its own inputs. Petitioner, on the other hand, was obliged to purchase commodit... More...   $0 (12-13-2015 - DC)

Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in t... More...   $0 (12-11-2015 - IL)

Price v. Philip Morris, Inc.

In February 2000, plaintiffs filed a class action lawsuit in the circuit court of Madison County against the defendant, Philip Morris, Inc. The suit alleged that defendant’s use of the terms “lights” and “lowered tar and nicotine” on the packaging and in the marketing of its Marlboro Lights and Cambridge Lights cigarettes (Lights) violated the Consumer Fraud and Deceptive Business Practices Act (... More...   $0 (12-11-2015 - IL)

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AK Morlan
Kent Morlan, Esq.
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