Landowners appeal from a district court decision denying their petition to set aside the establishment of a drainage district and to reclassify lands to reduce their assessment of costs. The county board of supervisors contends the landowners waived their arguments against the drainage district by failing to raise them before the board. The board also contends the classification and assessment are... More...   $0 (08-13-2014 - IA)

Janet Hahn was a pretrial detainee at
the Champaign County Correctional Center (“CCCC”)
immediately before she died as a result of diabetic
ketoacidosis.1 Patrick Hahn, Mrs. Hahn’s husband, and
Erik Redwood, the administrator of her estate, brought this
action, alleging that various government officials and private
contractors failed to provide adequate medical treatm... More...   $0 (08-12-2014 - IL)

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We... More...   $0 (08-12-2014 - FL)

Robert Lindner’s parents were killed
when a Union Pacific train derailed and caused a bridge to
collapse. Soon after the accident, Lindner filed this wrongful2
No. 13-1422
death action against Union Pacific in Illinois state court. Union
Pacific removed the case to federal court, asserting diversity
jurisdiction: The Lindners were domiciled in Illinois, whereas
Union ... More...   $0 (08-11-2014 - IL)

Plaintiff Deborah Malin appeals from the district court’s grant of summary judgment in favor of her employer on her retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in favor of the employer and several managers on her retalia-tion claim under the Family and Medical Leave Act, 28 U.S.C. § 2601 et seq. We reverse and remand for trial.
2 No. 13... More...   $0 (08-07-2014 - IL)

This is a condemnation case. The State of Texas appeals an adverse judgment in favor of the landowner, Rodger A. Johnson, which was entered following a jury verdict. In five issues, the State argues the trial court erred by finding the condemnation would result in a material and substantial impairment of access to Johnson’s property; creating an exception to the rule that circuity of travel is n... More...   $0 (08-06-2014 - TX)

TULSA, OK - THE STATE OF OKLAHOMA charged CHEZLEY DAVIS and KRYSTAL DAWN HALL with:

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435, which provides:

"Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which an... More...   $0 (08-01-2014 - OK)

In this consolidated interlocutory appeal and petition for writ of mandamus, Appellant/Relator, Western Dairy Transport, LLC, challenges the trial court's order denying its motion to compel arbitration in the suit filed by Appellee/Real Party in Interest, Marcial Felipe Vasquez. We conclude that we lack jurisdiction over the petition for writ of mandamus. In the interlocutory appeal, we conclude t... More...   $0 (07-30-2014 - TX)

Doyle Anderton appeals the trial court’s judgment in favor of E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane, and Lisa K. Lane (collectively referred to as “Lane”), stemming from Lane’s trespass to try title suit. In a single issue on appeal, Anderton contends no legally sufficient evidence supports the trial court’s finding that Lane adversely possessed a por... More...   $0 (07-23-2014 - TX)

TULSA, OK - THE STATE OF OKLAHOMA charged STEPHEN RAY BROOKS, A/K/A VAMPIRE with:

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435, which provides:

Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or erection, in which any p... More...   $0 (07-22-2014 - OK)

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
- 2 -
court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the... More...   $0 (07-16-2014 - FL)

This is a defendant’s summary judgment case. A summary judgment may be granted a defendant if it is shown that the plaintiff cannot establish one or more elements of his or her cause of action or that there is a complete defense to the claim. (Code Civ.
2
Proc., § 437c, subd. (p)(2).)1 A defendant’s “burden of production is to show that ‘ “one or more elements of” the [plainti... More...   $0 (07-07-2014 - CA)

TULSA, OK - THE STATE OF OKLAHOMA charged VERNARD LERON MARZETT, A/K/A VERNARD WHITFIELD with:

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435
Date of Offense: 05/13/2014

Party Name

Disposition Information

MARZETT, VERNARD LERON
Disposed: CONVICTION, 07/01/2014. Guilty Plea
Count as Disposed: BURGLARY - SEC... More...   $0 (07-01-2014 - OK)

Sergio Martinez Ramos was indicted for three offenses—evading arrest or detention in a motor vehicle, aggravated assault against a public servant, and driving while intoxicated (third offense or more)—and he was alleged to have used or exhibited a deadly weapon in committing each of these offenses. He pleaded guilty to evading arrest or detention, and the jury convicted him of the DWI and aggr... More...   $0 (06-29-2014 - TX)

¶1 This appeal involves a condition precedent in a real estate
purchase contract. The condition did not occur, and the buyer did
not complete the purchase. The district court ruled on summary
judgment that because the condition precedent benefitted the seller
Arata v. Shefco
20121028-CA 2 2014 UT App 148
alone, the seller alone could, and did, waive the condition,
trig... More...   $0 (06-26-2014 - UT)

¶1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

FACTS
... More...   $0 (06-24-2014 - OK)

[¶1] David Meier appeals from an amended divorce judgment awarding Gayla Meier a share of his Tier II railroad retirement benefits. We conclude the district court abused its discretion in granting Gayla Meier's N.D.R.Civ.P. 60(b)(6) motion for relief from the divorce judgment because, as a matter of law, the motion was not made within a reasonable time. We reverse the amended judgment.

I... More...   $0 (06-24-2014 - ND)

Relying on the holding in Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15 (Campbell), the trial court sustained a demurrer without leave to amend in a wrongful death action based on premises liability brought by the survivors of a woman who died of mesothelioma as a result of exposure to asbestos from her husband’s work clothes. The survivors argue that Campbell is distinguishable on its fa... More...   $0 (06-23-2014 - CA)

TULSA, OK - THE STATE OF OKLAHOMA charged WILLIAM DION COLLINS, A/K/A WILLIAM DEON COLLINS with:

Count # 1. Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435
Date of Offense: 05/06/2014

Party Name

Disposition Information

COLLINS, WILLIAM DION Disposed: CONVICTION, 06/13/2014. Guilty Plea
Count as Disposed: BURGLARY - SECOND... More...   $0 (06-13-2014 - OK)

Tulsa, OK - THE STATE OF OKLAHOMA charged GLORIA BIOLA GARCIA and FERNANDO GARCIA with:

Count # 1. Count as Filed: RCSP, KNOWINGLY RECEIVING/CONCEALING STOLEN PROPERTY, in violation of 21 O.S. 1713
Date of Offense: 05/05/2014

Party Name

Disposition Information

GARCIA, FERNANDO Disposed: DEFERRED, 06/12/2014. Guilty Plea
Count as Disposed: KNOWINGLY R... More...   $0 (06-12-2014 - OK)

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

In this Employee Retirement Income Security Act ("ERISA") case, Tamica Shaw appeals from the district court's grant 1 of summary judgment in favor of The Prudential Insurance Company of America ("Prudential"). We affirm.

I. BACKGROUND

On March 4, 2006, Tamica's husband, Carl Shaw, was killed in a single-vehicle accident in Springfield, Missouri. According to an investigative report, ... More...   $0 (06-03-2014 - MO)

We are presented with claims under the Rehabilitation Act against health care providers for failure to communicate effectively with a person who is deaf.

I

Charlene Ervine, who was deaf, died of cancer in November 2009. In the years before her death, she sought

ERVINE V. DESERT VIEW REG’L 4 MED. CTR. HOLDINGS

treatment at Desert View Regional Medical Center, a hospita... More...   $0 (05-29-2014 - NV)

Upon consideration of Appellant BNSF Railway Company’s motions for rehearing and reconsideration en banc, Appellee James E. Phillips’s response, and BNSF’s reply, this court denies the motion for reconsideration en banc in a separate order today, and we deny the motion for rehearing. However, we withdraw our prior opinions and judgment of August 1, 2013 and substitute the following.

... More...   $1901000 (05-22-2014 - TX)

“[T]he California Constitution requires generally the assessment of property at ‘fair market value’ . . . [A]ssessors have a constitutional mandate to tax all property at fair market value if not exempt under federal or state law.” (See Elk Hills Power, LLC v. Board of Equalization (2013) 57 Cal.4th 593, 606-607 (Elk Hills).) “Intangible assets and rights are exempt from taxation and . .... More...   $0 (05-22-2014 - CA)