Quo Warranto Law
 
Steve Frey and Lisa Frey v. CST Properties, LLC

This is an appeal from the trial court’s denial of Steve and Lisa Frey’s request for a temporary injunction to require removal of a fence and landscaping that allegedly violate a restrictive covenant and block an easement. Because the record contains conflicting evidence regarding whether the covenant and easement were breached, we conclude the trial court did not abuse its discretion in denyi... More...   $0 (02-26-2014 - TX)

Larry Benge, et al. v. Raintree Estates I, Inc., et al.

Larry Benge, Nancy Graham, DaleAtherton, Terry Atherton, Gregory Agee, Wayne Duncan sued Raintree Estates I, Inc., Steve Meyer, Rayan Corley, David Axworthy, Betty Weaver and Dee Copeland on quo warranto, failure to comply with rules and by laws, breach of fiduciary duty, negligence, injunctive relief, declaratroy relief, accounting, conversion, intentional infliction of emotional relief, civil co... More...   $0 (02-24-2014 - OK)

M.R.; J.R., Parents of Minor Child E.R.

The ―stay-put‖ provision of the Individuals with Disabilities Education Act (―IDEA‖) states that a disabled child shall remain in his or her current educational setting

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during the pendency of proceedings to resolve a dispute over the child‘s placement. See 20 U.S.C. § 1415(j). This case requires us to decide two issues of first impression in this Circuit concerning the o... More...
   $0 (02-20-2014 - PA)

Robert Lasser v. Amistco Separation Products, Inc.

In this accelerated appeal, Robert Lasser seeks review of the trial court’s July 25, 2013 order, which grants Amistco Separation Products, Inc.’s request for a temporary injunction. On appeal, Lasser raises three issues, including the

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dispositive issue of whether the temporary-injunction order complies with the requirements of Rule of Civil Procedure 683. Because we hold it doe... More...
   $0 (02-06-2014 - TX)

James Koshenina v. John L. Buvens

At issue is whether the trial court made a definitive ruling regarding the competency of Linda Koshenina (Linda) to make a designation declaring her husband, James Koshenina (James), her preneed guardian, and whether the trial court correctly determined it was appropriate for John L. Buvens and Carole Ann Buvens Draper, Linda’s brother and sister (Siblings), to be appointed her plenary co-guardi... More...   $0 (01-29-2014 - FL)

Jeffrey Kremers v. James M. Dahl

In this contract-for-deed resort-property dispute, the sellers seek to cancel the contract after the buyers failed to make their final balloon payment, and the buyers seek a

 Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.

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judgment for breach of contract by claiming that the sellers misrepresented the qualit... More...
   $0 (01-21-2014 - MN)

Gawker Media LLC v. Terry Gene Bollea

Terry Bollea sought to enjoin Gawker Media, LLC, from publishing and otherwise distributing the written report about his extramarital affair that includes video excerpts from the sexual encounter. The circuit court granted Mr. Bollea's motion for temporary injunction, though it did not articulate the reasons for doing so. On appeal, Gawker Media challenges the circuit court's order, asserting that... More...   $0 (01-17-2014 - OK)

Verizon v. Federal Communications Commission

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as USCA Case #11-1355 Document #1474943 Filed: 01/14/2014 Page 3 of 81

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it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we h... More...
   $0 (01-14-2014 - DC)

Drakes Bay Oyster Company v. Sally Jewell

This appeal, which pits an oyster farm, oyster lovers and
well-known “foodies” against environmentalists aligned with
the federal government, has generated considerable attention
in the San Francisco Bay area.1 Drakes Bay Oyster Company
(“Drakes Bay”) challenges the Secretary of the Interior’s
discretionary decision to let Drakes Bay’s permit for
commercial oyst... More...
   $0 (01-14-2014 - ca)

PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES

This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively... More...   $0 (01-08-2014 - IA)

H. Scott Summers vs. Bree Shaw and Lindsay Gravett

H. Scott Summers appeals the trial court’s judgment denying his petition for declaratory judgment. He asserts that the court erred in finding that the county clerk of Schuyler County had authority to place the office of prosecuting attorney on the 2012 election ballot because that office was not up for election until 2014 under section 105.050, RSMo 2000. The judgment is reversed, and the case i... More...   $0 (12-24-2013 - MO)

Michelle Quesada v. Herb Thyme Farms, Inc.

In this case of first impression, we address whether the federal Organic Foods Production Act of 1990 (OFPA or the Act) (7 U.S.C. § 6501 et seq.),1 which governs the labeling of agricultural products as ―organic‖ and ―USDA Organic,‖ preempts state consumer lawsuits alleging violations of the Act or violations of California‘s federally approved state organic program (SOP), which is codif... More...   $0 (12-23-2013 - CA)

Republican Part of New Mexico v. Gary K. King

This case requires us to consider state campaign finance regulations in light of the Supreme Court’s ruling in Citizens United v. FEC, 558 U.S. 310 (2010). Citizens United held that federal election law violated the First Amendment by restricting independent political spending because the speaker was a corporation—the holding allowed corporate entities to make unlimited independent expenditure... More...   $0 (12-18-2013 - NM)

John Chasnoff v. Col. Joseph Mokwa

John Chasnoff (Appellant) appeals from the circuit court’s judgment denying his motion for a special order to enforce the court’s June 7, 2010 judgment. We reverse the judgment denying the motion to enforce with special instructions to stay the June 7, 2010 judgment.

Factual and Procedural Background

In early November 2006, the St. Louis Metropolitan Police Department (SLMPD) rec... More...
   $0 (12-03-2013 - FL)

Carmen L. Lopez v. Board of Education of the City of Bridgeport, et al.

An action seeking a writ of quo warranto
provides a ‘‘limited and extraordinary remedy’’
that is the ‘‘exclusive’’ avenue under both the common
law and General Statutes § 52-4911 for judicial review of,
inter alia, a person’s qualifications to hold a particular
public office. (Internal quotation marks omitted.) Bateson
v. Weddle, 306 Conn. 1, 10–11, 48 ... More...
   $0 (11-26-2013 - CT)

5 J Aviation, LLC v. Bank of America

5 J AVIATION, L.L.C. sued BANK OF AMERICA; TRAJEN FLIGHT SUPPORT L.P. d/b/a ATLANTIC AVIATION; FREDERICK RANDOLPH CRAFT, JR. an individual; BRUCE LYNDON MOORE, an individual; THOMAS RICHARD HUNTINGTON JR., an individual; and, KONI L. COUTS-SPEARS, an individual on civil fraud theories claiming:

1. Plaintiff is an Oklahoma limited liability company, with its principal place ofbusiness in O... More...
   $0 (11-20-2013 - OK)

Command Center, Inc. v. Kristy Curry

Command Center, Inc. sued Kristy Curry and Tulsa Green Country Staffing, Inc. on breach of contract theories claiming:

1. Plaintiff is a foreign corporation licensed to do business in Oklahoma.

2. Defendant Kristy Curry is a resident of Tulsa County, Oklahoma.

3. Defendant Tulsa’s Green Country Staffing is a domestic company licensed to do business in Oklahoma.

4. In ... More...
   $1 (11-17-2013 - OK)

Terry Cline v. Oklahoma Coalition for Reproductive Justice

¶1 The Supreme Court of the United States certified two questions of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601-1611:

Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approv... More...
   $0 (11-14-2013 - OK)

Brenda Lund, in her individual capacity, and Kristin Alrick, in her individual capacity v. Eric and Ruth Giauque, Individually and as Next Friend of H.G., N.G., M.G., C.G., and B.G., minor children

Appellants Brenda Lund and Kristin Alrick appeal from the trial court’s order denying their motion to dismiss, which raised the statutory right to dismissal conferred by civil practice and remedies code section 101.106(f). Tex. Civ. Prac. & Rem. Code Ann. § 101.106(f) (West 2011). We reverse the trial court’s order

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and render judgment dismissing Appellees’ claims against Lun... More...
   $0 (11-01-2013 - TX)

Vicki Carter v. Jean Griffin

Vicki Carter sued Jean Griffin, successor trustee of the Wilmer Radzinski 2010 Trust, Robert Iliff, Misty Rowland, and Sixth Church of Christ Scientist seeking declaratory judgment and a temporary restraining order, claiming conversion, intrusion, trespass, civil conspiracy and intentional infliction of emotional distress claiming:

1. Jurisdiction is proper in the District Court of Tulsa ... More...
   $0 (10-25-2013 - OK)

Anthony Gadlage v. Winters & Yonker, Attorneys at Law, PSG

Plaintiff Anthony Gadlage, a Kentucky attorney, appeals the district court’s judgment granting the defendant’s motion to dismiss and its order denying a motion to alter or amend that judgment. Gadlage filed this diversity action against Winters & Yonker (W&Y), a law firm incorporated in Florida and doing business in Louisville. The parties have expressly waived oral argument, and we agree that... More...   $0 (10-24-2013 - KY)

Charles Sheffer v. Buffalo Run Casino, PTE, Inc.

¶0 Charles Sheffer, Jennifer Sheffer, and their minor son, J.S., were injured when their 18-wheeler tractor trailer collided with a rental vehicle leased to William Garris and driven by David Billups, both employees of Carolina Forge Company, L.L.C. Plaintiffs sued Carolina Forge on theories of respondeat superior and negligent entrustment. They also sued the Buffalo Run Casino, the Peoria Tribe ... More...   $0 (10-13-2013 - OK)

The State of Oklahoma v. Denzel Salathiel

¶1 On November 19, 2009, Appellee, Denzel Dean Salathiel, pled guilty to Actual Physical Control of a Motor Vehicle While Under the Influence of Intoxicants, a misdemeanor (47 O.S.Supp.2006, § 11-902(A), (C)(1)) in Oklahoma County District Court Case No. CM-2008-4007.1 Pursuant to the plea agreement, and as permitted by 22 O.S.Supp.2005, § 991c, the court deferred imposition of judgment for two... More...   $0 (09-30-2013 - OK)

Equal Employment Opportunity Commission v. BOH Brothers Construction Company, L.L.C.

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothers”). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOC”) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, to almost-daily verbal... More...   $0 (09-27-2013 - TX)

Steve McCrory, d/b/a McCrory & Associates v. Kristen M. Henderson and Texas Workforce Commission

The Texas Workforce Commission (“TWC”) awarded Kristen M. Henderson unemployment compensation benefits and authorized a charge back of those benefits to Steve McCrory d/b/a McCrory & Associates. McCrory sought review of the decision in district court. Both parties filed motions for summary judgment regarding whether the TWC’s decision was supported by substantial evidence. Following a hearin... More...   $0 (09-19-2013 - TX)

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