Quo Warranto Law
 
City of McKinney v. Hank's Restaurant Group, L.P.

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,... More...
   $0 (09-18-2013 - TX)

Farrell-Cooper Mining Company v. U.S. Department of the Interior

Plaintiff-Appellant Farrell-Cooper Mining Company (“Farrell-Cooper”) and Defendant-Appellant Oklahoma Department of Mines (“ODM”) appeal the district court’s dismissal of their claims for declaratory and injunctive relief against the Department of Interior; the Secretary of the Interior; the Office of Surface Mining, Reclamation and Enforcement (“OSMRE”); and the Director of OSMRE (c... More...   $0 (09-05-2013 - OK)

Irving Drobny, as Representative of National Accident Insurance Group and National Accident Insurance Underwriters v. American National Insurance Company

In this interlocutory appeal, appellant, Irving Drobny, as representative of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”), challenges the trial court’s orders granting appellee,

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American National Insurance Corporation (“ANICO”), a temporary injunction and its motion to compel arbitration. In three issues, Drobny ... More...
   $0 (08-29-2013 - TX)

MOrton Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman

¶ 1 This is a legal malpractice case based on an underlying cause of action for a violation of the Illinois Securities Law of 1953 (Illinois Securities Law) (815 ILCS 5/1 et seq. (West 2010)). Plaintiffs Morton and Adrienne Goldfine brought a legal malpractice action against defendants, the law firm of Barack, Ferrazzano, Kirschbaum & Perlman (BFKP) and several partners of that law firm, to recov... More...   $0 (08-28-2013 - IL)

Frank Bell v. Ron Glettenberg

Tulsa, Oklahoma plaintiff personal injury lawyer represented Plaintiffs, Frank Bell and Heather Bell, who sued Ron Clettenberg and Stacey Clettenberg on seeking a declaratory judgment claiming:

1. Frank and Heather Bell have an equitable interest in the real property located at 2645 E. 41st Street, Tulsa, Oklahoma, 74105 more particularly described as:

SEE ATI’ACHED EXHIBIT ... More...
   $0 (08-06-2013 - OK)

Steve Cokins and Anita Cokins, Individually and on Behalf of the North Brooks Hollow Road Area v. City of Lakeway

Appellants Steve and Anita Cokins, individually and on behalf of the North Brooks Hollow Road Area (collectively the Landowners), appeal from the trial court’s dismissal of their suit challenging the validity of appellee City of Lakeway’s annexation ordinance for the North Brooks Hollow Road Area (the NBHR Area). The City filed a plea to the jurisdiction, claiming that the pleadings affirmativ... More...   $0 (07-25-2013 - TX)

Mike Rawlings, Mayor, et al v. Timoteo F. Gonzalez et al.

In this interlocutory appeal, appellants complain of the trial court’s order denying their plea to the jurisdiction. We reverse the trial court’s order and dismiss for lack of jurisdiction.

BACKGROUND

Appellees were appointed judges of the Municipal Court in the City of Dallas by the Dallas City Council on June 23, 2010, to a two-year term ending May 31, 2012. See Dallas, Tex., O... More...
   $0 (07-17-2013 - TX)

Mary Ellen Little v. Delta Steel, Inc.

In two issues, appellants, whom we have listed above, appeal the final judgment that the trial court rendered in favor of appellees Delta Steel, Inc. (Delta Steel) and its parent company, Reliance Steel & Aluminum Co. (Reliance). Appellants contend that the trial court erred by denying their motions for summary judgment, granting appellees’ motions for summary judgment, and making allegedly inco... More...   $0 (07-14-2013 - )

John L. Preston, Jr. v. Burlington City Retirement Plan

¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City’s decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm.
More...
   $0 (07-12-2013 - VT)

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. v. John D. Cooper, Sr.

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. sued John D. Cooper, Sr. claiming:

1. AETIC is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

2. Lawyers Title is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

3. Cooper is the holder of a mortgage on real property located in Oklahoma County, Oklah... More...
   $0 (07-12-2013 - OK)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr... More...   $0 (07-09-2013 - MD)

Jerry Dowell v. Curt Pletcher

¶1 Appellants are a licensed bail bondsman and several insurance companies that issue bail bonds who complain that the defendant, Curt Pletcher, a registered professional bail bondsman in Tulsa County, is violating the Ten Bond Rule, 59 O.S. 2011 § 1320(B), of the Oklahoma Bail Bondsmen Act by u... More...   $0 (06-25-2013 - OK)

Mutual Pharmaceutical Co., Inc. v. Karen Bartlett

We must decide whether federal law pre-empts the New Hampshire design-defect claim under which respondent Karen Bartlett recovered damages from petitioner Mutual Pharmaceutical, the manufacturer of sulindac, a generic nonsteroidal anti-inflammatory drug (NSAID). New Hampshire law imposes a duty on manufacturers to ensure that the drugs they market are not unreasonably unsafe, and a drug’s safety... More...   $0 (06-24-2013 - DC)

SB Liberty, LLC v. Isla Verde Association, Inc.

In 2006 Gregg and Janet Short (together the Shorts, who are not parties to this appeal but are interested persons) purchased a home in the Isla Verde residential community (Isla Verde). They then transferred title to themselves as trustees of their family trust and later transferred title to plaintiff SB Liberty, LLC (SB Liberty), a California limited liability company organized in early 2011, whi... More...   $0 (06-21-2013 - CA)

Evergreen Partnering Group, Inc. v. Pactiv Corporation

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...   $0 (06-19-2013 - MA)

Iowa Right To Life Committee v. Megan Tooker

Iowa Right To Life Committee, Inc., challenges the constitutionality of several Iowa campaign-finance laws, an administrative rule, and two forms. The district court found IRTL lacked standing to challenge several provisions, but found others constitutional. IRTL appeals, raising facial and as-applied challenges under the First and Fourteenth Amendments. Having jurisdiction under 28 U.S.C. § 1291... More...   $0 (06-14-2013 - IA)

Process Products and Service Company v. Christi Bender Anthony aka Christi Bender

Process Products and Service Company sued Christi Bender Anthony aka Christi Bender, Andrea Murphy Photograph, Shaon Holm, Downing, Inc. and Kelly Lynn Miller for monetary damages and seeking the appointment of a receiver alleging:

1. Plaintiff Process Products is an Oklahoma corporation with its principal place of business in Mounds, Creek County, Oklahoma.

2. Defendant Christi... More...
   $0 (06-11-2013 - OK)

Eric Anthony Mareshie v. Bixby Woodcreek Homeonwers Association

Eric Anthony Mareshie and Gregory A. Horwith sued the Bixby Woodcreek Homeonwers Association, James E. Thompson, Kamran K. Momeni, Jason W. Bennett and Reza Ghavami seeking an injunction against the Defendants claiming:

1. This is an action for a tempora restraining order and temporary and permanent injunctions to prevent Defendants from violating the governing documents of Woodcreek, and... More...
   $1 (06-06-2013 - OK)

Victoria V. Ochsner v. Preston A. Ochsner

Victoria V. Ochsner appeals from the trial court‘s order modifying child support in a suit for modification of the parent-child relationship concerning the Child of Victoria and Preston A. Ochsner. We affirm.

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I. BACKGROUND

The Child was born in 1998, and Victoria and Preston divorced in 2001. The trial court appointed Victoria and Preston as joint managing conservators, wi... More...
   $0 (05-30-2013 - )

Exact Software North America, Inc. f/k/a Macola, Inc.

This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his

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No. 12-3538 Exact Software N. Am., Inc. v. Infocon Sys., Inc. Page 2

work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $... More...
   $0 (05-23-2013 - OH)

Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th... More...   $0 (05-20-2013 - AZ)

In Re Marriage of Charles Matthew Soehlke and Angela Maria Soehlke

Charles Soehlke (“Father”) sought a modification of the custody and support provisions of the judgment dissolving his marriage to Angela Crumer-Soehlke (“Mother”). Mother appeals from the trial court’s judgment of modification granting some, but not all, of the relief sought by Father. The judgment is affirmed.

I. Background

The parties’ marriage was dissolved on February... More...
   $0 (05-14-2013 - MO)

National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

PHL Variable Insurance Company v. The P. Bowie 2008 Irrevocable Trust, by and through its trustee, Louis E. Baldi

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More...   $0 (05-13-2013 - RI)

Betty Lou Bradshaw v. Peter G. Bennis

This is an appeal from the trial court’s judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm.

Background

A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast

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1See Tex. R. App. P. 47.4.

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Financia... More...
   $0 (04-18-2013 - TX)

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AK Morlan
Kent Morlan, Esq.
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