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Eminent Domain Law
 
Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

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)

Thomas J. Litterer and Mary L. Litterer vs. Rushmore Loan Management Services, LLC

This case requires us to determine the legal relationship between the recording
deadline for a lis pendens in Minn. Stat. § 582.043, subd. 7(b), and the excusable neglect
provision in Minn. R. Civ. P. 6.02.
Enacted by the Legislature in 2013, Minn. Stat. § 582.043 (2016) requires mortgage
servicers to notify mortgagors of loss mitigation options before referring the mortgage f... More...
   $0 (01-13-2018 - MN)

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 IOWA vs. DANIELLE BROWN Supreme Court of Iowa

The facts are essentially uncontested. The officers in this case obtained a search warrant for the residence. The search warrant indicated that the police were looking for evidence of the use, sale, and distribution of narcotics, along with firearms and ammunition. The search warrant identified one man, Jeffrey Sickles, as a person to be searched. An attached police affidavit identified a woma... More...   $0 (01-08-2018 - IA)

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, ex rel. Paul J. Solomon v. Lockheed Martin Corporation; Northrop Gruman Systems Corporation Northern District of Texas Federal Courthouse - Dallas, Texas

Paul Solomon brought a False Claims Act action against his employer Northrop Grumman and against Lockheed Martin for making false claims against the government. On a motion for summary judgment, the district court held that it lacked jurisdiction over Solomon’s claims based on the Act’s public disclosure bar. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
Paul Solomon worked for Northrop Gru... More...
   $0 (12-25-2017 - TX)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

Philip Eil v. U.S. Drug Enforcement Administration United States Court of Appeals for the First Circuit for the First Circuit

In 2011, Dr. Paul Volkman was tried and convicted of a number of drug-related charges for
illegally prescribing pain medication leading to the deaths of at
least fourteen individuals. Philip Eil, a journalist writing a
book on Dr. Volkman's case, attended portions of that public trial.
In 2012, Eil submitted a Freedom of Information Act
("FOIA") request for the exhibits introdu... More...
   $0 (12-22-2017 - RI)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

Rose Brown v. Augustin Garcia Lake County Courthouse - Lake Port, California

This action is between two groups of the Elem Indian Colony Pomo Tribe (the
Tribe), the “Brown faction” (plaintiffs) and the “Garcia Council” (defendants).
Plaintiffs sued the Garcia Council over allegedly defamatory statements published in a
notification that warned they would be disenrolled if the Tribe’s General Council found
them guilty of specified crimes. The trial court rule... More...
   $0 (11-30-2017 - CA)

STATE OF UTAH v. BENJAMIN DAVID RETTIG Man gets 25 years to life for his role in BYU prof's slaying

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a “bunker” behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensen’s home with a handgun while wearing ski masks and latex gloves. The... More...   $0 (11-26-2017 - UT)

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

City of Cedar Falls v. JLL, Inc. Linn County Courthouse - Cedar Rapids, Iowa

Cedar Falls, IA - Jury Awards Defendant $106,000 For Taking Of Property

The City of Cedar Rapids sued JLL, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by the Defendant for public use as a roundabout on University Avenue.

JLL was awarded $524,000 but sought $2.3 million.... More...
   $0 (11-17-2017 - IA)

Bret Cornell v. City and County of San Francisco

Police officer trainee Bret Cornell, while off-duty and in street clothes, went for a
run one morning in Golden Gate Park, stopping for a brief rest on a knoll called Hippie
Hill. Two uniformed patrol officers in the area spotted him, thought he looked
“worried,” and grew suspicious because the bushes on Hippie Hill are known for illicit
drug activity. As the patrolmen began to app... More...
   $0 (11-17-2017 - CA)

West Virginia Lottery v. A-1 Amusement, Inc. Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al. Utah Supreme Court Courthouse - Salt Lake City, Utah

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o... More...
   $0 (11-07-2017 - UT)

Oklahoma Turnpike Authority v. Eugene Garner and Jean Garner, et al.

Oklahoma City, OK - Oklahoma Turnpike Authority sued Eugene Garner and Jean Garner, et al. on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in private property of public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: Oklahoma Turnpike Authority
Filed Date: 10/05/2017
Party Name Disposition Information
Defendant:... More...
   $0 (11-02-2017 - OK)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Carl F. Jenkins v. Frank T. Gangi United States Court of Appeals For The First Circuit - Boston, Massachusetts

Frank Gangi ("Gangi") appeals
from the district court's December 30, 2015 order approving a sale
of his assets and the assets of entities owned by him, recommended
by the receiver, Carl Jenkins ("Jenkins"), whom the court appointed
to sell those assets for the benefit of Gangi's creditors. Gangi,
on appeal, primarily argues that the assets were sold to a
fiduciary of the re... More...
   $0 (10-17-2017 - MA)

Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC Second Circuit Court of Appeals - New York, New York

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it... More...
   $0 (10-11-2017 - CT)

Tri-County Metropolitan Transportation District of Oregon v. Joseph Y. Aizawa, et al.

Ordinarily, a party entitled to recover attorney fees
incurred in litigating the merits of a fee-generating claim
also may receive attorney fees incurred in determining the
amount of the resulting fee award. See Strawn v. Farmers
Ins. Co., 353 Or 210, 234, 297 P3d 439 (2013) (awarding
so-called “fees on fees” to which no objection was raised);
Crandon Capital Partners v. Sh... More...
   $0 (10-05-2017 - OR)

John Sturgeon v. Herbert Frost District of Alaska Federal Courthouse - Anchorage, Alaska

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fine with that;1 the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on th... More...   $0 (10-02-2017 - AK)

Raymond Severson v. Healthland Woodcraft, Inc. United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

From 2006 to 2013, Raymond Severson worked for Heartland Woodcraft, Inc., a fabricator of retail display fixtures. The work was physically demand-ing. In early June 2013, Severson took a 12-week medical leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., to deal with serious back pain. On the last day of his leave, he underwent back surgery, which
2 No. 15-3754
re... More...
   $0 (09-27-2017 - WI)

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