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Eminent Domain Law
 
Steven Morales v. United States of America District of Arizona Federal Courthouse - Phoenix, Arizona Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government . . .... More...   $0 (07-19-2018 - AZ)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

United States of America v. Simone Swenson Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

We decide whether the district court abused its discretion by dismissing an indictment with prejudice because the prosecution missed pretrial discovery deadlines, mistakenly withheld some relevant documents until the eve of trial, and committed other errors that led the district court to conclude the “integrity of the prosecution ha[d] been destroyed.” We reverse the dismissal order and remand for... More...   $0 (07-03-2018 - TX)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - CA)

United States of America v. Clifton A. Satterwhite Southern District of Ohio Courthouse - Cincinnati, Ohio

Clifton Satterwhite (“Satterwhite”) appeals from the judgment entered by the district court sentencing him to 240 months of imprisonment. Satterwhite was convicted of one count of conspiracy to violate the Hobbs Act, in violation of 18 U.S.C. § 1951(a), two counts of inference with commerce by threats or violence, in violation of 18 U.S.C. § 1951(a), and two counts of brandishing a firearm during ... More...   $0 (06-26-2018 - OH)

Keanu D. W. Ortiz v. United States United States Supreme Court Building - Washington, D.C.

This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap... More...   $0 (06-25-2018 - DC)

Lourdest T. Archblod-Garrett and David L. Garrett v. New Orleans City, Metro Durr Group Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Without prior notice, the City of New Orleans demolished a building
along the IH-10 service road that plaintiffs had recently purchased at a tax
sale. Yet two days before the demolition, the City actually cancelled the Code
Enforcement lien on the property, which it obtained after sending notices only
to the owner from 18 years earlier. When the Garretts objected to the
demolit... More...
   $0 (06-25-2018 - LA)

United States of America v. Gervais (Ken) Ngombwa Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

UNITED STATES OF AMERICA v. CLIFTON A. SATTERWHITE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

On January 22, 2016, the government filed a criminal complaint against Satterwhite alleging that he participated in a number of robberies in the Columbus, Ohio area. The complaint requested an arrest warrant against Satterwhite for interstate robbery, in violation of 18 U.S.C. § 1951, felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), and brandishing a firearm during a crime of... More...   $0 (06-22-2018 - OH)

In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2013 in Sumner County, Kansas

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

Mon Htaw v. State of Indiana Indiana Court of Appeals

The evidence most favorable to the judgment shows that on November 12,
2016, Mon Htaw rushed home from work when her sister Mon Sorn called her
after an altercation with their roommate, Ma Suu. Followed by Sorn, Htaw
stormed into Suu’s room, and Suu recorded a video using her phone when she
noticed Htaw’s angry demeanor. Htaw yelled at Suu, and Htaw and Sorn
punched Suu ... More...
   $0 (06-08-2018 - IN)

United States of America v. Ross Colby Northern District of California Federal Courthouse - San Jose, California

San Jose, CA Richmond Resident Convicted Of Hacking Into Online Newspaper’s Account And Causing Damage

Defendant redirected corporate email and canceled web domains

A federal jury returned a verdict on June 6, 2018 against Ross Colby, finding him guilty of three counts of computer intrusion, one count of attempting to damage a protected computer, and one count of intentionally da... More...
   $0 (06-08-2018 - CA)

State of Oklahoma ex rel. Department of Transportation v. Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tulsa, OK - State of Oklahoma ex rel. Department of Transportation sued Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners on an eminent domain theory seeking to obtain certain rights, title and interests in real property for public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: DEPARTMENT OF TRANSPORTA... More...
   $93700 (06-05-2018 - OK)

Verisign, Inc. v. XYZ, L.L.C. United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

New West, L.P. v. City of Joliet, Illinois, et al. Northern District of Illinois Courthouse - Chicago, Illinois

This is the fourth published
appellate opinion in a long-running dispute between New
West and the City of Joliet. New West filed this suit in March
2005, contending that the City had interfered with the way in
which it set rents at the Evergreen Terrace apartment complex
under the national government’s mark-to-market program
for rates at subsidized apartments. New West also... More...
   $0 (05-23-2018 - O:)

MICHAEL SKAKEL v. COMMISSIONER OF CORRECTION

The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...   $0 (05-05-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

STATE OF NEW JERSEY v. JOHN WHITE

Defendant appeals from his convictions of second-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); third-degree
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other ca... More...
   $0 (03-31-2018 - NJ)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

STATE OF NEW MEXICO v. NOE TORRES

In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...
   $0 (03-17-2018 - NM)

John William King v. Lorie Davis Eastern District of Texas Federal Courthouse - Beaumont, Texas

John William King was convicted and sentenced to death by a Texas jury for the capital murder of James Byrd. After his direct appeal and state habeas applications failed, King sought federal habeas relief. The district court denied King’s petition. This court then granted a certificate of appealability on one claim: that King’s trial counsel was constitutionally ineffective in presenting the case ... More...   $0 (03-15-2018 - TX)

City of Chicago, ex rel. Aaron M. Rosenberg v. Reflex Traffic Solutions, Inc. and Redflex Holdings, Ltd. Northern District of Illinois Courthouse - Chicago, Illinois

In this classic case of chutzpah,
Aaron Rosenberg, a former employee of Redflex Traffic
Systems, Inc. (RTSI), seeks a share of the proceeds his former
employer paid the City of Chicago to settle the case against it
arising out of the fraud Rosenberg helped perpetrate. In a
thorough decision, the district judge concluded that Rosenberg
was neither the original source of the ... More...
   $0 (03-12-2018 - IL)

Evan Weiss v. The People ex rel. Department of Transportation


Plaintiffs sued defendants People ex rel. Department of Transportation
(CalTrans), and Orange County Transportation Authority (OCTA; collectively,
Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway
sound wall the Agencies built directly across the freeway from Plaintiffs’ homes
increased the noise and dust Plaintiffs experienced, interfered with ... More...
   $0 (03-04-2018 - CA)

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