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Construction Law
 
Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

STATE OF KANSAS v. CHRISTOPHER M. HARRIS

In February 2015 Gregory Swiger and Catherine Richard were walking to a liquor store when they came upon Christopher Harris. Swiger and Harris got into an argument, and Swiger stated that he was going to "whip [Harris'] butt." Swiger did not follow through on the threat, however, because he did not want to get in any trouble. Swiger testified that as he started to walk away, Harris pulled out a kn... More...   $0 (01-19-2018 - KS)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

United States of America v. Sanford J. Wishnev v. The Northwestern Mutual Life Insurance Company Northern District of California Federal Courthouse - San Francisco

We ask the California Supreme Court to resolve two open
questions of state law that have significant effects on
insurance companies and insureds in California.
An initiative measure enacted in 1918 (the Initiative), Cal
Civ. Code §§ 1916-1–5, limits the amount of interest lenders
may charge, and provides that lenders may not compound
WISHNEV V. 4 NORTHWESTERN MUTUAL
int... More...
   $0 (01-19-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Nicholas Lewis v. Scottrade, Inc. Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Nicholas Lewis filed this putative class action against Scottrade, Inc., a
securities brokerage firm, alleging violations of the Missouri Merchandising Practices
Act, Mo. Rev. Stat. §§ 407.010 et seq., breach of a common law fiduciary duty, and
unjust enrichment. After Lewis filed the action in the Southern District of California,
it was transferred to the Eastern District of Misso... More...
   $0 (01-18-2018 - MO)

State of Missouri v. Jeffrey L. Bruner

Considering the evidence in the light most favorable to submission of a self-defense
instruction, the record shows Mr. Bruner and his wife, Michelle Hale, were estranged.
Mr. Bruner testified that to his knowledge she was not seeing anyone else, though he was
aware she had met a college football coach for a lunch date. He later learned the coach
was Derek Moore.
Mr. Bru... More...
   $0 (01-17-2018 - MO)

CITY OF TOPEKA v. WILLIE L. MURDOCK

Willie L. Murdock appeals from his conviction of possession of drug paraphernalia under Topeka Municipal Code. 9.50.040(a)(2). He argues (1) the district court erred when it denied his motion to suppress because he did not give Officer Matthew Blassingame consent to enter his apartment; (2) the court erred when it denied his motion to suppress because the plain view doctrine was not satisfied; (3)... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER R. WARD

Ward and his friend Andrew Rhodes formed and operated a construction business, All Construction Guaranteed Roofing and Restoration (ACG). Their financial arrangement was a loose one. They merely orally agreed to become general contractors who would supply materials and hire subcontractors to perform work on projects. Neither had a set salary; occasionally they would estimate profits and divide the... More...   $0 (01-16-2018 - KS)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

United States of America v. William Carl Welsh Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bureau... More...   $0 (01-15-2018 - NC)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

COMMONWEALTH vs. EDWARD CURRAN Massachusetts Appeals Court

General Laws c. 123A, § 15, allows incompetent
persons who are unable to stand trial for qualifying sex
offenses to be deemed sexually dangerous based on the commission
of those offenses. In 2008, we held that this proceeding did
not violate due process or equal protection because of the
rights the Legislature explicitly included in the statute to
"protect an incompe... More...
   $0 (01-13-2018 - MA)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

STATE OF IOWA vs. JUAN CARLOS NINO HERNANDEZ K-9 OK after after drunken man rams parked squad car, police say

Des Moines Police Sergeant Ronald Kouski had just stepped into QuikTrip
for a hot dog when he “heard a loud screeching noise and then a loud collision.”
Kouski worked as a canine officer and his German Shepard partner was waiting in
the 2009 Crown Victoria. The officer looked out the store’s front window and
discovered a red pickup had struck his patrol car, pushing it across... More...
   $0 (01-12-2018 - IA)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

Sheldon Fong v. East West Bank

Plaintiff Sheldon Fong is an octogenarian real estate investor who sought to help
some younger friends establish a real estate business. He borrowed money in his own
name and stood behind two loans that he helped the new business procure from defendant
East West Bank (Bank). When some of these transactions ended badly, Fong brought
this action, alleging conversion and financial abu... More...
   $0 (01-09-2018 - CA)

STATE OF NEW MEXICO v. GAVINO LUNA COURT OF APPEALS OF THE STATE OF NEW MEXICO

Defendant’s convictions stem from events that occurred the afternoon of May
16 3, 2013, when Defendant was looking after J.C. (Child), a nine-year-old boy, and
17 Child’s twelve-year-old sister because Child’s mother was hospitalized. Defendant
18 lived with Child’s grandmother. According to Child, Defendant showed Child “ugly”
19 movies that showed photographs of women “showing th... More...
   $0 (01-09-2018 - NM)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

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