Statutory law allows a city to install at an intersection an automated traffic enforcement device that photographs a traffic law offender, who is then issued a citation, as was defendant, who went through a red light in Culver City and was later convicted of violating the red light traffic law (Veh. Code, § 21453, subd. (a); all further undesignated statutory references are to the Vehicle Code)

The question presented on appeal is whether the evidence derived from a warrantless GPS automobile search should be excluded or whether the good-faith exception to the warrant requirement applies. We determine that the police had an objectively reasonable good-faith belief that their conduct was lawful and was sanctioned by then binding appellate precedent, and thus, the exclusionary rule does not

The court previously issued its opinion in this case on October 3, 2013. Dolgencorp, Inc. v. Miss. Band of Choctaw Indians, 732 F.3d 409 (5th Cir. 2013). We hereby withdraw the previous opinion and substitute the following. Dolgencorp, Inc. and Dollar General Corp. (collectively “Dolgencorp”) brought an action in the district court seeking to enjoin John Doe, a member of the Mississipp

In June 2012, Bell County filed an application for court-ordered temporary mental health services, seeking to have appellant A.H., who was in custody in the county jail, committed for observation and treatment in a mental hospital. Following a hearing, the trial court signed a writ of commitment, ordering A.H. committed to the Austin State Hospital. As grounds, the court found that A.H. was mental

In two issues, Appellants Chaliese Rippey and all other occupants (collectively, Rippey) appeal the county court’s forcible detainer judgment for Appellee Chase Home Finance, LLC. We affirm. 1See Tex. R. App. P. 47.4.

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II. Forcible Detainer

In her two issues, Rippey complains that the county court lacked jurisdiction to hear the forcible detainer case, erred by excludi

Sarahjane Blum and four others are committed and experienced animal right activists. Although they have never been prosecuted or threatened with prosecution under the Animal Enterprise Terrorism Act ("AETA" or "Act"), 18 U.S.C. § 43, which criminalizes "force, violence, and threats involving animal enterprises," they sued to obtain declaratory and injunctive relief that the statute is unconstit

Robert M. Garst, Jr., appeals the district court’s order granting summary judgment in favor of Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps on Garst’s claims against Amy Reagan for negligence, breach of fiduciary duty, and fraud by nondisclosure, as well as his claims against all four appellees for cloud on title. Garst also challenges the trial court’

This appeal arises from a guardianship proceeding. Jerry Valdez appeals the probate court’s order authorizing U.S. Specialty Insurance Company to interplead the net proceeds1 from a supersedeas bond into the registry of the court. Valdez contends the probate court lacked jurisdiction to enter the order. Valdez also contends the trial court erred in awarding attorney’s fees to U.S. Sp

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla

02/05/2014 STIPULATION
Stipulation Regarding Plaintiffs' Claims for Economic Damages, Loss of Business Income, Loss of Personal Income, Loss of Future Business Income, and Loss of Future Personal Income from Loss of Plaintiffs Former Clients Walton, Budd, Sam, and Dazzo
01/29/2014 DISCOVERY P 1
01/29/2014 RESPONSE P 1
Plaintiff's Response to Affi

This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emo

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

Irina Chevaldina appeals an order granting a preliminary injunction1 to “enjoin tortious interference, stalking, trespass and defamatory blogs” entered in favor of Raanan Katz and the other named appellees, plaintiffs in the circuit court.2 We vacate the order and injunction.

Background

Raanan Katz and RK Associates own and manage commercial properties in South Florida. M

In May 2012, Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC (collectively, “the Miks”) filed suit against the Federal Home Loan Mortgage Corporation (“Freddie Mac”), arguing that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court granted Freddie Mac�

Embroiled in protracted, acrimonious child custody proceedings with her former spouse, Larisa Bergeron (appellant) sued psychologist and family court child custody evaluator Robert Boyd, Ph.D. (respondent) for breach of contract, negligence, and intentional infliction of emotional distress. The acts complained of included the issuance of an interim custody order that restricted appellant’s

Embroiled in protracted, acrimonious child custody proceedings with her former spouse, Larisa Bergeron (appellant) sued psychologist and family court child custody evaluator Robert Boyd, Ph.D. (respondent) for breach of contract, negligence, and intentional infliction of emotional distress. The acts complained of included the issuance of an interim custody order that restricted appellant’s

[¶1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush's claims were friv

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiffâ�

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclo

¶ 1. DOOLEY, J. Defendant appeals from a final relief-from-abuse order in which the family division of the superior court concluded that plaintiff was a vulnerable adult and that defendant abused and exploited her. We affirm.

¶ 2. Plaintiff was born in November 1992. She was deaf for the first several years of her life, resulting in developmental delays tha

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though i

¶ 1. BURGESS, J. Plaintiffs Thomas and Marie Baptie, administrators of the estate of their son, John Baptie, appeal the superior court’s decision granting defendant Aron McNeil, a former police officer, summary judgment with respect to their lawsuit alleging that the officer was liable for the death of their son as the result of his negligent investigation of their complain

Suppose you have an ordinary consumer credit card. You are committed to fiscal rectitude, so you pay your balance in full on the due date each month and never exceed your credit limit. One particularly busy month, though, you lose track of how much you have spent and you charge a purchase that pushes your balance a few dollars beyond your credit limit. You compound the problem when you make your m

The trial court entered judgment against appellant Jose Luis Garcia and awarded the sum of $110,000 to appellee Joanna Anaya as fair and just compensation for her undivided one-half interest in the parties’ home. By a single issue, Garcia argues that

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the trial court, being a county court, lacked subject-matter jurisdiction to determine title to real property and therefore er