Remittitur Law

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

Riverview Park Estates, LLC v. Imperial Investments, LLC, Stephen C. Pereff, Inc., Michael J. King, S. Gregory Pittman, Winters, King and Associates, Inc. MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder and 624 South Denver 918-582-3993 or

Tulsa, OK - Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Inc., Michael J. King, S. Gregory Pittman, Winters, King and Associates, Inc. seeking injunctive relief.

Filed Date: 05/31/2007
Party Name Disposition Information
Defendant: IMPERIAL IN... More...
   $0 (02-27-2018 - OK)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - CA)

David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

Thomas Hockaday, Jr. v. Vasyl Zabiiaka and Aries Logistics, Inc. District of Wyoming Federal Courthouse - Cheyenne, Wyoming

Cheyenne, WY - Thomas Hockaday, Jr., individually and on behalf of Kimberly Tubbs and Katrina Faulkner, sued Vasyl Zabiiaka and Aries Logistics, Inc. on auto negligence, wrongful death and respondeat superior theories.

Some docket entries for this case:

Date Filed # Docket Text
   $0 (12-11-2017 - WY)

Joseph Abuzaid v. Anani, LLC, Big D Concrete, Inc., Muamar Anani and Hanadi Anani Dallas County Courthouse - Dallas, Texas

This appeal involves appellant Joseph Abuzaid’s alleged fraudulent filing of UCC
Financing Statements. Appellees Anani, LLC and Big D Concrete, Inc. challenged the financing
statements as fraudulent liens and sought partial summary judgment. Appellees Muamar and
Hanadi Anani subsequently intervened and filed a separate summary judgment motion
challenging the fraudulent liens Abuzai... More...
   $0 (11-23-2017 - TX)

John PD Doe v. San Diego-Imperial Council

Plaintiff John PD Doe was sexually abused by a Boy Scout master beginning in
1998 and continuing for a number of years at a ranch owned and operated by the
defendants, San Diego-Imperial Council and Boy Scouts of America (the defendants). In
2013, many years after the abuse and after Doe obtained psychological therapy, he filed
this action agains... More...
   $0 (10-19-2017 - CA)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

Stephen Lukacs v. Christina Brooke Ice Hillsborough County Courthouse - Tampa, Florida

R.J. Reynolds Tobacco Company (R.J. Reynolds) appeals a second amended final judgment entered in favor of Cindy Evers, in her capacity as personal representative of the Estate of Jacqueline Loyd. Evers' wrongful death action was predicated on claims that Loyd was an Engle1 class member and that Loyd's lung cancer was, at least in part, caused by R.J. Reynolds and Lorillard Tobacco Company (for who... More...   $0 (10-01-2017 - )

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

F.E.V., a Minor, etc. v. City of Anaheim

The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

Angela Borrell v. Bloomburg University

This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications for private hospitals that partner with public universities. Angela Borrell, a student working at a private hospital through a public university’s clinical program, was dismissed for refusing to take a drug test in violation of hospital policy. S... More...   $0 (09-03-2017 - PA)

Marlow Humbert v. Mayor and City Council of Baltimore City, et al.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department (“BPD”) officers led to Humbert’s unlawful arrest. Afterwards, the officers failed to inform the State’s Attorney that the victim could not positively identify Humbert and that D... More...   $0 (08-24-2017 - MD)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

Rajina Hess v. Volkswagen Group of America, Inc.

¶1 The trial court previously granted attorney fees against Defendant/Appellant/Counter-Appellee Volkswagen Group of America, Inc., (Volkswagen) in an amount exceeding $7 million in this multi-jurisdictional, class action law suit. In an appeal from that award, the Oklahoma Supreme Court concluded the trial court abused its discretion by failing to deduct the entirety of fees claimed in certain "f... More...   $0 (07-11-2017 - OK)

George Alvarez v. The City of Brownsville

Plaintiff-Appellee George Alvarez pleaded guilty to assault on a public
servant in Texas state court. Several years later, the Texas Court of Criminal
Appeals held that he was “actually innocent” of the assault and set aside his
conviction. Alvarez subsequently filed suit in federal court against the City of
Brownsville (“City”) and several law enforcement officers under 42 U.S.C.<... More...
   $0 (06-27-2017 - TX)

Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l... More...   $0 (06-20-2017 - TX)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation

Filed Date: 11/15/2004
Party Name Disposition Information
   $0 (06-14-2017 - OK)

Charles Kinney v. Michele R. Clark

Charles Kinney appeals from a post-judgment award for
attorney fees and costs Michele Clark incurred in a prior appeal
while attempting to enforce an earlier award for attorney fees
and costs against Kinney. Kinney has been challenging Clark’s
entitlement to fees and costs in this action since 2008, when the
trial court first awarded Clark attorney fees and costs under a
re... More...
   $0 (05-18-2017 - )

Friends of the College San Mateo Gardens v. San Mateo County Community CollegeDistrict

This is a case brought under the California Environmental Quality Act (CEQA)
(Pub. Resources Code,
§ 21000 et seq.) that is before us for a second time. In the first
appeal, we affirmed the trial court’s ruling that defendant San Mateo County Community
College District violated CEQA when it responded to changes in a campus renovation
project by issuing an addendum to a mi... More...
   $0 (05-06-2017 - )

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Since January 1, 2008, Civil Code sections 1098 and 1098.5
have governed the circumstances under which certain fee
payments, imposed when real property is transferred, may or
may not be collected.1 In Marina Pacifica Homeowners Assn. v.
Southern California Financial Corp. (2014) 232 Cal.App.4th 494
(Marina Pacifica I), this court determined that a monthly
“assig... More...
   $0 (04-25-2017 - )

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