Quo Warranto Law
 
State of Ohio v. U.S. Army Corps of Eng'rs

Petitioners in these four actions, transferred to and consolidated in this court by the Judicial Panel on Multi-District Litigation for handling as a multi-circuit case, represent eighteen states1 who challenge the validity of a Final Rule adopted by respondents U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, “the Clean Water Rule.” 80 Fed. Reg. 37,054 (June 29, 2015). ... More...   $0 (10-11-2015 - OH)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...   $0 (10-09-2015 - OR)

Behm v. Clear View Technologies

On July 28, 2011, Behm filed a complaint against CVT alleging she was defrauded when she invested $200,000 in the company. The complaint alleged a total of seven causes of action, some against CVT only, and the others against CVT and several other individual defendants consisting of officers and directors of CVT. These defendants included Paul Mula Sr. and Paul Mula II. Though Behm did not req... More...   $0 (10-09-2015 - CA)

Ratna Vasireddy Babu v. Ingrid N. Zeeck

Ingrid N. Zeeck filed this suit against Ratna Vasireddy Babu alleging a breach
of contract over Babu’s attempt to convey real property located in Odessa. Zeeck
2
asserted that Babu breached Zeeck’s purported right of first refusal concerning a
conveyance of the subject property. Zeeck requested a temporary injunction to
enjoin Babu from selling the property to a third party dur... More...
   $0 (10-08-2015 - TX)

Expressions Hair Design v. Eric T. Schneiderman

16 New York General Business Law § 518 (“Section 518”) provides that “[n]o
17 seller in any sales transaction may impose a surcharge on a holder who elects to use
18 a credit card in lieu of payment by cash, check, or similar means.” Plaintiffs‐
19 Appellees in this action (“Plaintiffs”) are five New York businesses and their owners
20 and managers.1 They sued the Attorney Ge... More...
   $0 (10-01-2015 - NY)

World Wide Supply OU v. Quail Cruises Ship Management f/k/a Happy Cruises, S.A.

This appeal concerns an attachment of property made pursuant to Supplemental Admiralty Rule B. The money at issue arose from the legal settlement of a dispute over the purchase of a cruise ship featured on ABC Television Network’s long-running series, The Love Boat. The plaintiff below, and appellant here, has advanced a novel interpretation of Rule B. The district court was unpersuaded, as are we... More...   $0 (09-30-2015 - FL)

The Burks Group, Inc., d/b/a Integrated Partners v. Integrated Partners, Inc., Dalrock Transport, L.L.C., John P. Barnett, David Dreiling, & Allen Thomas Georgi

Appellant, The Burks Group, Inc., d/b/a Integrated Partners (“Burks Group”), appeals the trial court’s order denying the Burks Group’s motion for temporary injunction and reforming a covenant not to compete that was part of an Asset Purchase
2
Agreement between the Burks Group and appellees, Integrated Partners, Inc. and John P. Barnett.1 We will affirm.
Factual and Procedural Backgrou... More...
   $0 (09-28-2015 - TX)

In re Tobacco Cases II

This action has a tortuous procedural history, but given the issues on appeal only a brief summary is required. The original complaint was filed in 1997 against several tobacco companies, but eventually Philip Morris was the only remaining defendant. The action was coordinated with several other actions under the caption In re Tobacco Cases II and assigned to Judge Ronald Prager.
In 2001, a ... More...
   $0 (09-28-2015 - CA)

Edwards v. Board of County Commissioners

¶1 The question presented to this Court is whether the trial court committed reversible error when it issued a temporary injunction1 ordering Defendants/Appellants to continue funding the services of the Canadian County Juvenile Justice Center from proceeds generated from a 1996 .035% sales tax (Tax). We hold that it did not.

FACTS AND PROCEDURAL HISTORY

¶2 This cause concerns a ... More...
   $0 (09-23-2015 - OK)

Charles N. Taylor, Jr. v. Dee Margo, in his individual and official capacities and Michael Williams, in his individual and official capacities

Charles Taylor, appearing pro se, appeals from an order dismissing his lawsuit against Michael Williams, Commissioner of the Texas Education Agency, and Donald “Dee” Margo, the President of the Board of Managers, who was appointed by Williams to manage the El Paso Independent School District. For the reasons that follow, we affirm.
FACTUAL SUMMARY
This litigation stems from a corruption an... More...
   $0 (09-16-2015 - TX)

King v. Raphaelson

In 2009, Governor Bill Richardson appointed District Judge Sheri Raphaelson
17 to fill a vacancy in Division V of the First Judicial District Court created when then
18 District Judge Tim Garcia was appointed to the New Mexico Court of Appeals,
19 leaving an unexpired term of office. A year later, as required by Article VI, Section
17 See New Mexico Secretary of State Official Ele... More...
   $0 (09-16-2015 - NM)

DENISE BROWN VS. STATE OF NEW JERSEY AND JOHN STEET, DETECTIVE (NJSP), ET AL.

Two members of the New Jersey State Police entered
plaintiff Denise Brown's home without a warrant and without
consent in order to "secure the apartment" while they sought a
search warrant for the premises. They were looking for evidence
of a home invasion they believed had been committed by her
boyfriend, and, specifically, for a stolen piece of jewelry they
had rea... More...
   $0 (09-15-2015 - NJ)

In re: Sister Jan E. Renz, Independent Executor of the Estate of Bernice Morene Ille, Deceased

Relator Sister Jan E. Renz has filed a petition for writ of mandamus seeking to
compel the trial court to vacate orders that would require the Estate of Bernice Morene Ille (the
Estate) to immediately transfer certain assets and to pay the real party in interest’s attorney’s fees.1
For the reasons discussed below, we conditionally grant the writ.
Bernice died on January 23, 2013, a... More...
   $0 (09-15-2015 - TX)

Tate v. State, Bd. of Med. Exam'rs

Appellant James Tate, Jr., is a surgeon licensed in Nevada. In
February 2010, he was scheduled to perform a surgery at Valley Hospital
at around 4 p.m. When he arrived to prepare for the surgery, members of
the surgical team thought Dr. Tate smelled of alcohol. The hospital halted
surgery preparations and asked Dr. Tate to submit to alcohol tests, which
he did, admitting t... More...
   $0 (09-15-2015 - NV)

Kevin Duff v. Central Sleep Diagnostics

On August 31, 2010, investors in Central Sleep filed suit in Cook County Circuit Court against the company; Kenneth Dachman, its promoter; Dachman’s wife, Katherine Lynn Dachman; and several others. The suit asserted claims for fraud, RICO violations, conversion, fraudulent conveyance, civil conspiracy, and securities fraud. Dachman was also criminally charged and convicted for his fraudulent cond... More...   $0 (09-13-2015 - IL)

Tate v. State, Bd. of Med. Exam'rs

Appellant James Tate, Jr., is a surgeon licensed in Nevada. In
February 2010, he was scheduled to perform a surgery at Valley Hospital
at around 4 p.m. When he arrived to prepare for the surgery, members of
the surgical team thought Dr. Tate smelled of alcohol. The hospital halted
surgery preparations and asked Dr. Tate to submit to alcohol tests, which
he did, admitting t... More...
   $0 (09-11-2015 - NV)

Summit Media v. City of Los Angeles and CBS Outdoor, LLC

This is the second appeal in a dispute among several outdoor advertising companies and the City of Los Angeles over certain billboards with digital displays. In the first appeal, we affirmed the trial court’s finding that a settlement agreement between two of the companies and the City, allowing the companies to digitize many of their existing billboards, was illegal and void, because a municipal ... More...   $0 (09-08-2015 - CA)

Grace Schools v. Sylvia Mathews Burwell

The district court entered a preliminary
injunction in favor of the plaintiffs, a number of religious,
not-for-profit organizations, preventing the defendants from
applying or enforcing the so-called “contraceptive mandate”
of the Patient Protection and Affordable Care Act of 2010
(“ACA”) to the plaintiffs. See 42 U.S.C. § 300gg-13(a)(4); Pub.
2 Nos. 14-1430 & 14-1431
L... More...
   $0 (09-04-2015 - IN)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back... More...
   $0 (09-01-2015 - MA)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

IN RE: TRIBUNE MEDIA COMPANY, Debtor; AURELIUS CAPITAL MANAGEMENT, L.P., DEUTSCHE BANK TRUST COMPANY AMERICAS; LAW DEBENTURE TRUST COMPANY OF NEW YORK

In December 2007, the Tribune Company (which published the Chicago Tribune and the Los Angeles Times and held many other properties) was facing a challenging business climate. Sensing an opportunity, Sam Zell, a wealthy real estate investor, orchestrated a leveraged buy-out (“LBO”), a transaction by which a purchaser (in this case, an entity controlled by Zell and, for convenience, referred to by... More...   $0 (08-23-2015 - PA)

In re Santiago G.

The following facts and procedural history are relevant to this appeal. Santiago was born in Guatemala to the respondent on April 18, 2009. He was cared for since his birth, however, by Maria G., an Argentinian citizen and legal permanent resident of the United States who resided in Stamford, and, for some of that time, by Henry L., Maria G.’s husband.1 OnOctober16,2012,thecommissionerfiledamotion... More...   $0 (08-22-2015 - CT)

Gareth Francis v. Christopher Maloney and Charles E. Samuels, Jr.

Although the parties present this
case as implicating a question of due process, it ultimately turns
on our inability to provide the petitioner with the relief that he
seeks. Petitioner Gareth Francis brought this 28 U.S.C. § 2241
habeas corpus petition after he was released from federal custody.
In the district court, he argued that the Bureau of Prisons ("BOP")
violated h... More...
   $0 (08-19-2015 - MA)

Jason Powell v. Larry Noble

Powell is a Christian who contends that his beliefs compel him to publicly share his faith with others. To achieve this goal, Powell seeks out public places where he can find significant numbers of people near his home in Des Moines, Iowa, and shares his faith by wearing clothing bearing Christian messages, holding signs, engaging in open-air speech, and having conversations with individuals will... More...   $0 (08-15-2015 - IA)

Heritage Bank v. Suzette Woodward

Heritage Bank (Heritage) appeals from a Bankruptcy Court order confirming
Suzette Woodward's (Debtor) Fifth Amended Chapter 11 Plan. The confirmation
order is a final order of the Bankruptcy Court over which we have jurisdiction on
appeal. See 28 U.S.C. § 158(b). The Notice of Appeal and Statement of Election also
references an April 29, 2014 order denying the Debtor's Third Amende... More...
   $0 (08-13-2015 - NE)

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