Trespass Law
 
United States v. Bert

On January 19, 2012, Bert was arrested in the hallway outside his
girlfriend’s apartment at 55 Holland Avenue, a Staten Island building
participating in New York City’s Field Trespass Affidavit Program. Earlier that18
evening, Officer John Fahim and Officer Besim Pelinku received a radio report
that five black males were trespassing

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United States of America v. Reheem Bert, aka Raheen Linwood, aka Radio

2 Defendant Raheem Bert appeals his conviction in the United States District
3 Court for the Eastern District of New York (Mauskopf, J.), after a jury found him
4 guilty of possessing a firearm with an obliterated serial number, in violation of 18
5 U.S.C. § 922(k), and being a felon in possession of a firearm and ammunition, in
6 violation of 18 U.S.C. § 922(g)(1). The Speedy Tr

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Facebook, Inc. v. Super. Ct. and Derrick D. Hunter

On June 24, 2013, Jaquan Rice, Jr., was killed and B.K., a minor, was seriously injured in a drive-by shooting in the Bayview District of San Francisco. The vehicle used in the shooting was identified by surveillance video. While of poor quality, the video depicts one individual shooting a handgun from the rear passenger window on the driver’s side. A second individual is seen exiting the rea

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Innosys v. Mercer






¶4 In January of 2008, immediately following Amanda Mercer‘s graduation from the University of Utah, InnoSys hired her as an engineer. Per its standard practice, InnoSys had Mercer sign a non-disclosure agreement (NDA). By signing, Mercer promised not to ―copy, tra

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State of New Jersey v. Jamil McKinney, State of New Jersey v. Al-Tariq Wardrick


These consolidated appeals arise from an intrusion into an
apartment by three armed men. Al-Tariq Wardrick and Jamil
McKinney (together defendants) were identified as two of the
three intruders and were charged in a seventeen-count
indictment. Wardrick and McKinney were tried together by a jury
and convicted of several offenses, including first-degree
robbery

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GARY C’HAIR and ROCHELLE C’HAIR, v. DISTRICT COURT of the NINTH JUDICIAL DISTRICT and JOHN STROHECKER,

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an

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APPALACHIAN LAND COMPANY v. EQT PRODUCTION COMPANY

The extraction of natural gas is a capital intensive process involving
various technologies and extraction methods. After extraction, the gas is
cleaned, stored, and subsequently transported to other sites through various
pipelines. Often after additional cleaning, refining, and processing, the gas is
eventually sold at a hub location. The severance tax is remitted at this poin

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CSS2 ENTERPRISE, INC. vs. FARMERS COOPERATIVE COMPANY, STEVE MUHLENBRUCH, and NEW COOPERATIVE, INC

CSS2 is a small farming corporation. Steve Muhlenbruch is the agronomy
manager of Farmers Cooperative Company. At Muhlenbruch’s direction, an
employee of Farmer’s Cooperative Company entered CSS2’s property and
sprayed chemicals that killed the corn crop. (Hereafter we refer to Farmers
Cooperative Company and Muhlenbruch jointly as “the Coop.”) On April 25,
20

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Mahesh Patel v. City of Montclair

Police officers do not conduct a search within the
meaning of the Fourth Amendment merely by entering an
area of private, commercial property that is open to the
public. Therefore, we affirm the district court’s order
dismissing Mahesh Patel’s complaint alleging that City of
Montclair police officers violated his Fourth Amendment
rights.
BACKGROUND
Mahesh Patel

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Salvador Reza v. Russell Pearce

In this § 1983 action, Salvador Reza alleges that Arizona
State Senator Russell Pearce violated his constitutional rights
when he ordered Reza removed, and barred, from the Arizona
Senate building (the Building) at the state capital. Reza
contends that Senator Pearce targeted him because of his
public criticism of the senator, and because of Reza’s
Mexican heritage. Sena

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Jason Powell v. Larry Noble

Powell is a Christian who contends that his beliefs compel him to publicly share his faith with others. To achieve this goal, Powell seeks out public places where he can find significant numbers of people near his home in Des Moines, Iowa, and shares his faith by wearing clothing bearing Christian messages, holding signs, engaging in open-air speech, and having conversations with individuals will

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Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty

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Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.

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Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker, A/K/A Patty Tucker

This appeal challenges summary judgment for claimants establishing title to and use of real property by adverse possession and by prescriptive easement. Finding no genuine issue of material fact, we affirm the trial court.
In June 2011, the appellant/plaintiff Celebration Worship Center ("the church") filed a complaint for declaratory judgment, seeking to determine the boundary line be

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Chestnut v. AVX Corporation

Respondent manufactures electronic parts at a plant in North Myrtle Beach, South Carolina. In 1980, respondent began using a chemical called trichloroethylene (TCE)2 as a degreaser to clean machine tools and parts. At some point, TCE escaped respondent's plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater.
In December 1996,

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Silva v. Steadfast Insurance Co

Gary P. Silva appeals from the entry of summary
judgment in favor of Steadfast Insurance Company (Steadfast).
In his complaint, Silva claimed that Steadfast violated G. L.
c. 176D, § 3(9), and G. L. c. 93A, §§ 2 and 11, by failing to
effectuate a prompt, fair, and equitable settlement of earlier
litigation arising out of damage to Silva's business caused by a
bot

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Marcia Lee Stresemann vs. Lucinda Jesson

We granted review to answer the question “whether and under what circumstances
prosecutorial immunity protects a person who is not a prosecutor.” Appellant Marcia Lee
Stresemann is the sole owner of Affiliated Counseling Center, LLC (Affiliated).
Respondent Catharine Morton-Peters was the Chief Investigator for the Medicaid Fraud
Control Unit (MFCU) of the Minnesota Attor

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The Kroger Co. v. Christopher Milanes

Appellant, The Kroger Company, a non-subscriber to workers’
compensation insurance, appeals from a final judgment in favor of appellee
Christopher Milanes, a Kroger employee who was seriously injured while cutting
meat. In its first two issues, Kroger contends the trial court erred when it
submitted Milanes’s claim to the jury on a general negligence theory rather than a
pr

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Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a m

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Greg Stocker and Rebecca Stocker v. Richard Johnson

Tulsa, OK - Greg Stocker and Rebecca Stocker sued Richard Johnson claiming:

1. Plaintiffs are individuals whØ are husband and wife, and who have their principal place of residence in Sand Springs, Tulsa County, Oklahoma.
2. Defendant is an individual ho has his principal place of residence in Sand Springs, Tulsa County, Oklahoma.
3. The activities of Defendant complained of herei

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Ex Parte Young Thoms Brown Jr. A/K/A Young Thomas Brown

Appellant Young Thoms Brown Jr. a/k/a Young Thomas Brown requested an
expunction of criminal records of a burglary of a building, a felony that appellant allegedly
committed on February 2, 2009. See TEX. CRIM. PROC. CODE ANN § art. 55.01 (West,
Westlaw through Ch. 46 2015 R.S.). By one issue, appellant challenges the trial court’s
denial of his petition for expunction. We affirm

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United States of America v. Jeffrey Charles Zander

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of
wire fraud, one count of money laundering, and three counts of willful failure to file
federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered
to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his
fraud. On appeal, he challenges

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Dzevad Hurem v. Nickolas Tavares

In October 2010 Nasreen Quadri
bought an apartment in the West Ridge area of Chicago. At
some point thereafter, she learned that the police had investigated
a disturbance there, and so in January 2011 she visited
the apartment with her real estate agent and a locksmith.
Quadri’s agent called 911 after the group found Dzevad
2 No. 14-1269
Hurem in the unit. Hurem told

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United States of America v. Robin Beaty and David Hester

TULSA, Robin Beaty and David Hester have paid $20,000 in civil penalties to settle allegations of trespass and destruction of public property. The Hesters own residential property on Keystone Lake adjacent to property owned by the United States and maintained by the United States Army Corps of Engineers.

According to the allegations, from July 10, 2013 to April 9, 2015, despite repeated c

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EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

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