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Electricity Law
 
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)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

United States of America v. Alfredo Castaneda-Pozo Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Alfredo Castaneda-Pozo appeals from his sentence of 63 months’
____________________
Case: 16-16031 Date Filed: 12/19/2017 Page: 1 of 7
2
imprisonment, followed by 5 years of supervised release, along with $429,044.96 in restitution, after he was convicted of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349, and ten counts of bank fraud, in violation of... More...
   $0 (12-22-2017 - FL)

Melanie Kaye Smith v. The State of Texas Court of Appeals Ninth District of Texas at Beaumont

In April 2014, police arrested two individuals on warrants from another
county charging them with credit card abuse. The man worked for a traveling
carnival, which at that time was being operated at the Montgomery County
fairgrounds. The other person who was arrested was the man’s girlfriend, who was
living with him. Department of Public Safety Sergeant Josh Pullen interviewed ... More...
   $0 (12-14-2017 - TX)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

State of Missouri v. Mark Shanklin SUPREME COURT OF MISSOURI

St. Louis City police detectives went to Shanklin's residence after a "utility inquiry"
showed excessive electricity use consistent with marijuana cultivation. Shanklin answered
the door and consented to a search. Police discovered more than 300 live marijuana plants.
Police also discovered several hundred grams of packaged marijuana, a mesh dryer, and a
digital scale commonl... More...
   $0 (12-06-2017 - MO)

Domenico Taglieri v. Michelle Monasky Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Our decision in this case is controlled by the 1980 Hague
Convention on the Civil Aspects of International Child Abduction (“Convention” or “Hague
Convention”), which dictates that a wrongfully removed child must be returned to the country of
habitual residence. Our precedent has demonstrated that where a child lives exclusively in one
country, that country is presumed to be the ch... More...
   $0 (11-30-2017 - OH)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-28-2017 - CA)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-27-2017 - CA)

Johnathan Jones v. Law Vegas Metropolitan Police Department Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We consider whether police officers are entitled to
qualified immunity when they’re alleged to have caused the
death of a suspect by using tasers repeatedly and
simultaneously for an extended period.
BACKGROUND1
In the early morning of December 11, 2010, Officer Mark
Hatten of the Las Vegas Metropolitan Police Department
pulled over Anthony Jones for a routine traffic s... More...
   $0 (10-20-2017 - NV)

Sandra Slater v. Michael Leslie Lake v. Michael Skelton Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

A majority of the Court has voted not to rehear en banc our decision in Lake v. Skelton, 840 F.3d 1334 (11th Cir. 2016), which held that Georgia’s sovereign immunity bars a complaint for damages against a deputy sheriff who failed to accommodate a dietary request from an inmate in a county jail in Georgia. The panel faithfully applied the arm-of-the-state test set out in Manders v. Lee, 338 F.3d 1... More...   $0 (10-01-2017 - GA)

Luz Solar Partners Ltd., III v. San Bernardino County

Plaintiffs and appellants Luz Solar Partners Ltd., III; Luz Solar Partners Ltd., IV;
Luz Solar Partners Ltd., V; Luz Solar Partners Ltd., VI; Luz Solar Partners Ltd., VII; Luz
Solar Partners Ltd., VIII and Harper Lake Company VIII; and Luz Solar Partners Ltd., IX
and HLC IX (collectively “Luz Partners”) challenge the assessment of real property
improved with solar energy generating... More...
   $0 (09-28-2017 - CA)

Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th... More...
   $0 (09-21-2017 - MA)

United States of America v. Osage Wind, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This case presents the question whether a large-scale excavation project—
which involved the excavation, modification, and use of rock and soil during the
installation of wind turbines—constituted “mining” under the pertinent federal
regulations that address mineral development on Indian land. When an entity
engages in “mining” of minerals owned by the Osage Nation, a federally app... More...
   $0 (09-19-2017 - OK)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P... More...
   $0 (08-08-2017 - CA)

United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of ... More...
   $0 (08-05-2017 - DC)

San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate... More...
   $0 (07-23-2017 - CA)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Robby Shawn Stadnick v. Vivint Solar, Inc., et al. United States Court of Appeals for the Second Circuit

2 Plaintiff‐Appellant Robby Shawn Stadnick appeals from a
3 judgment of the United States District Court for the Southern
4 District of New York (Forrest, J.) dismissing his securities class
5 action complaint pursuant to Federal Rule of Civil Procedure
6 12(b)(6). Stadnick’s claims arise out of the October 1, 2014 Initial
7 Public Offering (“IPO”) for shares of Vivint So... More...
   $0 (06-21-2017 - NY)

Steven Gilchrease vs. The State of Florida Third District Court of Appeal State of Florida

Gilchrease had rented an efficiency from Etta McKensie for about six
months prior to the February 28 incident. Sometime in January, water to the
efficiency was turned off. On February 25, the electricity was turned off.
Gilchrease confronted Ms. McKensie about the utilities, and, according to Ms.
McKensie, Gilchrease threatened her and pulled out the chair she was sitting on... More...
   $0 (05-24-2017 - FL)

Johnson Kidz, Inc. v. Vertex Community Bank, N.A.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by
appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became
uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and
conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for
breach of a guaranty agreem... More...
   $0 (05-15-2017 - TX)

Susan Ashton v. Koonsfuller, P.C.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guaranty agreement, should ther... More...   $0 (05-10-2017 - TX)

State of Tennessee v. Joseph L. Smith

On July 7, 2014, the Henry County Grand Jury indicted the Defendant for arson under a theory of criminal responsibility.1 At trial, Officer Brian Davis testified that he was a patrol deputy with the Henry County Sheriff’s Office. On February 21, 2014, as Officer Davis was driving north on Highway 79 at approximately 1:00 a.m., he observed two individuals walking towards Paris on the side of the ... More...   $0 (04-30-2017 - TN)

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

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