Quo Warranto Law
 
STATE OF KANSAS V. CASEY L. BECKER

In the spring of 2014, 14-year-old D.M.W., her two siblings, and her mother, J.A., moved in with the Becker family. J.A. was engaged to Curtis Becker. Curtis lived with his mother, Rinel Becker, and his brother, Casey Becker. The house was crowded, so Curtis and J.A. stayed in a bedroom in the basement. D.M.W. and Becker shared another room in the basement that was divided by a sheet. The sheet wa... More...   $0 (11-24-2017 - KS)

Dollar Tree, Inc., et al. v. Dollar Express LLC, et al.

Sycamore Partners Management, L.P. (“Sycamore”) is a private equity firm.
At the times relevant to this motion, SP Dollar Holdings, Ltd. (“SP Dollar”) was an
indirect subsidiary of Sycamore, and Dollar Express LLC (“Dollar Express”) was an
indirect subsidiary of SP Dollar. In 2015, Dollar Express acquired approximately
330 discount stores from Family Dollar Stores, Inc. (“Fam... More...
   $0 (11-21-2017 - )

STATE OF FLORIDA vs. RAYMOND MORRISON, JR. Jacksonville man gets off Death Row after judge finds original lawyer was ineffective

In 1998, Morrison was convicted of “first-degree murder for the January 8,
1997, killing of Albert Dwelle, which occurred during the course of a robbery upon
Dwelle in his apartment in Duval County,” and “armed robbery with a deadly
weapon and burglary of a dwelling with intent to commit a battery, with an assault
or battery on Dwelle.” Morrison v. State, 818 So. 2d 432, 437 (... More...
   $0 (11-18-2017 - FL)

STATE OF OHIO v. DESHANON HAYWOOD Akron man sentenced to 35 years to life in prison for quadruple murder

During the early morning hours of April 18, 2013, four people were murdered in
the basement of an apartment on Kimlyn Circle in Akron. R.R., one of the victims, resided at the
apartment and had received a sizeable amount of heroin the night before his murder. The three
other victims found alongside him were K.W., his girlfriend; M.N., a female friend of K.W.; and
K.D., a mal... More...
   $0 (11-12-2017 - OH)

DAVID ANDREW STEVENSON v. STATE OF KANSAS

On February 2, 2016, Daniel Ashbaugh came to the Crawford County Sheriff's Office and advised that he wanted to turn himself in for molesting his grandsons. After being advised of his Miranda rights, Ashbaugh confessed to Deputy Scott Tyrell that he had molested his two five-year-old grandsons, H.A. and T.A. Ashbaugh was 65 years old.

Based on an affidavit of probable cause prepared by ... More...
   $0 (11-10-2017 - KS)

United States of America v. David Johnson and Reginald T. Walton Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

The Indianapolis Land Bank was
created to improve the quality of life in Indianapolis neighborhoods
by returning tax-delinquent and other troubled
* Of the Western District of Wisconsin, sitting by designation.
2 Nos. 15-3830 and 16-1471
properties into productive use. But, in 2011, Reginald Walton,
the manager of the Land Bank, began scheming with others,
including Dav... More...
   $0 (11-03-2017 - IN)

Leonard Cottrell, et al. v. Alcon Laboratories, et al. Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged it in such a way that forced them to waste it, violating the consumer protection statutes of their home states. The District Court dismissed the entire action for lack of jurisdiction, finding the consumers’ allegations of injury in fact insufficient to conf... More...   $0 (11-03-2017 - NJ)

Makah Indian Tribe v. Quileute Indian Tribe Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Who would imagine that more than 150 years after the Treaty of Olympia (the “Treaty”) was signed between the United States and the Quileute and Quinault tribes, we would be asked to determine whether the “right of taking fish” includes whales and seals? Although scientists tell us sea mammals are not fish,1 these appeals ask us to go back to the 1855 treaty negotiation and signing and place oursel... More...   $0 (10-23-2017 - WA)

In the Matter of Approximately $80,600.00 Harris County Courthouse - Houston, Texas

In two separate actions, Abraham Fisch sought to recover money taken from him based on the State’s claim that the money had been stolen. The trial court denied, in both actions, Fisch’s request to have the money returned to him. In one action, the trial court ordered the money be returned to a third party. In four issues on appeal, Fisch argues the trial court abused its discretion by denying his... More...   $0 (10-05-2017 - TX)

Troy Lambert v. Nutraceutical Corporation Ninth Circuit Court of Appeals - San Francisco, California

Federal Rule of Civil Procedure 23(f) allows a litigant to
seek an interlocutory appeal of a district court’s order
granting or denying class certification. This case is about
whether and when the fourteen-day Rule 23(f) deadline may
be tolled. In a matter of first impression for this court, we
hold that the Rule 23(f) deadline is not jurisdictional, thus
equitable exceptio... More...
   $0 (09-15-2017 - CA)

Michelle Moody v. Atlantic City Board of Education Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Michelle Moody sued the Atlantic City Board of Education (“Board”) for sexual harassment and retaliation pursuant to Title VII, 42 U.S.C. §§ 2000e-2(a)(1), 3(a), and the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. §§ 10:5-12(a), (d). The District Court granted summary judgment to the Board, finding that the alleged harasser, Maurice Marshall, was not Moody’s supervisor. Becaus... More...   $0 (09-12-2017 - NJ)

United States of America v. Joseph Burhoe, a/k/a Jo Jo Federal Courthouse - Boston, Massachusetts

This case involves an attempt
by the federal government to use the Hobbs Act to police the
activities of members of a labor union. Joseph Burhoe and John
Perry, who are union members, challenge the sufficiency of the
evidence of their convictions for, inter alia, extortion under the
Hobbs Act, as well as the jury instructions with respect to that
offense. The government att... More...
   $0 (09-08-2017 - MA)

State of Hawaii v. Donald L. Trump

We are asked to review the district court’s modified preliminary injunction,
FILED SEP 7 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
2
which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have forma... More...
   $0 (09-08-2017 - HI)

Oklahoma Automotive Dealers Association v. State of Oklahoma, ex rel Oklahoma Tax Commission

¶1 This is the second of several cases challenging various measures enacted by the Legislature this past session in response to the State's budget crisis. In the first of those cases we unanimously held that a measure imposing a new $1.50-per-pack assessment on cigarettes was a "revenue bill" subject to Article V, Section 33's requirements that revenue bills (1) originate in the House of Represent... More...   $0 (08-31-2017 - OK)

T.D. v. Kelcey Patton United States Court of Appeals - Denver, Colorado

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1
... More...
   $0 (08-30-2017 - CO)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

STATE OF KANSAS v. RICHARD S. GINGLES

Early in the morning of May 30, 2015, around 3 a.m., a deputy from the Clay County Sheriff's Department received a report of a suspicious individual in an alley behind a local bar. While investigating, the deputy saw a man walking across the street near the bar. The deputy pulled up next to the individual to talk with him. When the individual began to speak, the deputy recognized him as Gingles. G... More...   $0 (07-13-2017 - KS)

STATE OF KANSAS v. ANDREA SHUCKAHOSEE

On October 28, 2013, at a Walmart in Lawrence, Kansas, Shuckahosee was stopped by a Walmart asset protection officer (APO) outside the front entrance of the store with a cart full of items for which she had not paid. Shuckahosee told the APO that she had gone outside without paying because she had not completed her shopping; she wanted to buy a pumpkin on display outside the store's front entrance... More...   $0 (07-12-2017 - KS)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Liliana Espejo et al. v. The Copley Press, Inc.

Defendant The Copley Press, Inc., owner of the San Diego Union-Tribune
newspaper (collectively UT), appeals from a second amended and restated judgment (the
judgment) after a court trial in this class action brought by and on behalf of persons
whom UT formerly engaged as newspaper home delivery carriers (plaintiffs or carriers).
2
The main issue at trial was whether the carrie... More...
   $0 (07-09-2017 - CA)

Clean Air Council, et al. v. E. Scott Pruitt

Petitioners, a group of environmental
organizations, challenge the Environmental Protection
Agency’s decision to stay implementation of portions of a final
rule concerning methane and other greenhouse gas emissions.
For the reasons set forth in this opinion, we conclude that EPA
lacked authority under the Clean Air Act to stay the rule, and
we therefore grant petitioners’ m... More...
   $0 (07-03-2017 - DC)

Waymon Scott Hartwell and HHH Farms, LLC v. Lone Star, PCA Fanin County Courthouse - Bonham, Texas

and HHH Farms, LLC (HHH) (collectively Appellants), defaulted on the payment due on two of their loans from Lone Star, PCA (Lone Star), they sold cattle securing the loans without paying the proceeds to Lone Star. After learning of the cattle sales and that some of the proceeds were used to pay other creditors, Lone Star sued Appellants for breach of contract, breach of fiduciary duty, conversion,... More...   $0 (06-23-2017 - )

STATE OF SOUTH DAKOTA vs. SHELLY D. STANLEY South Dakota Supreme Court

On August 3, 2015, the Sturgis Motorcycle Rally was underway in Sturgis, South Dakota. Shortly before 1:00 a.m., Sturgis Police Officers Mike Varilek and Tom Strickland (collectively, “the Officers”) received a report from another police officer that a male and female had entered a single-occupancy, portable toilet located in the middle of 2nd Street. Officer Varilek testified that such an event... More...   $0 (06-09-2017 - SD)

Herring Bancorp, Inc.; C.C. Burgess; and C. Campbell Burgess v. John Mikkelsen, acting solely in his capacity as Trustee of the John Mikkelsen Trust

This appeal arises from a minority shareholder claim contesting the validity of a stock redemption purportedly implemented in violation of the articles of incorporation of a closely-held corporation and the related claims of minority oppression and breach of fiduciary duties. Appellants, Herring Bancorp, Inc., C.C. Burgess, and C. Campbell
Burgess, contend the trial court erred by setting asid... More...
   $0 (06-06-2017 - TX)

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