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Estoppel Law
 
ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with ... More...
   $0 (04-17-2018 - SD)

Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (... More...
   $0 (04-17-2018 - CA)

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

State of Nebraska v. Ivan K. Henk

In October 2003, Henk was charged with first degree murder,
with aggravating circumstances, for the death of his son,
Brendan Gonzalez, which occurred on or about January 6. He
was initially questioned after his son disappeared, but he did
not make any admissions. At a subsequent hearing on an unrelated
charge, Henk admitted in open court to killing Brendan.
He was then int... More...
   $0 (04-13-2018 - NE)

Katherine K. Morgan v. Baker Hughes Incorporated District of Wyoming Federal Courthouse - Cheyenne, Wyoming

Katherine Morgan, as wrongful death representative of her deceased husband
David Morgan, appeals the district court’s grant of judgment as matter of law
(“JMOL”) in favor of Baker Hughes Incorporated, issued after trial but before the
case was submitted to the jury. Because material disputes in the evidence remain for
resolution by the jury, we conclude that JMOL was inappropriate.... More...
   $0 (04-09-2018 - WY)

Jodelle L. Kirk v. Schaeffer Group USA, Inc.; FAG Bearings, LLC

From 1973 to 1982, FAG Bearings Corporation released thousands of gallons
of trichloroethylene (TCE), a volatile organic compound now classified as a hazardous
substance, at its manufacturing facility in Joplin, Missouri. In 1991, the Missouri
Department of Health and the Environmental Protection Agency (EPA) detected TCE
contamination in residential wells in the Villages of Silver... More...
   $0 (04-05-2018 - MO)

Eldon E. Johnson v. API Properties, LLC Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Good easements do not always make good neighbors.
And, as the present case makes clear, neither does sharing a bucolic lakeshore in the northern
reaches of Michigan. Defendant APJ Properties, LLC (“APJ”), and the Pamela B. Johnson Trust
(the “Trust”),1 neighboring landowners on Round Lake in Charlevoix, Michigan, have sparred in
court for more than a decade. Today we decide whether... More...
   $0 (04-05-2018 - MI)

Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

Code of Civil Procedure section 425.16 (§ 425.16), California’s so-called
anti-SLAPP (strategic lawsuit against public participation) statute, is intended to
resolve quickly and relatively inexpensively meritless lawsuits that threaten free
speech on matters of public interest. When it applies, section 425.16 permits a
defendant to file a special motion to strike a cause of action ... More...
   $0 (04-03-2018 - CA)

Michele Clark v. All Acquisition, L.L.C., et al. Southern District of New York - New York, New York

In 2015, John Edward Clark was diagnosed with mesothelioma,
a cancer caused by the inhalation of asbestos fibers. At that time, Mr.
Clark was nearing completion of a Chapter 13 bankruptcy plan that
he and his wife, Michele, had entered into in 2010. Although the
Clarks fulfilled their last remaining obligations under the plan within
a matter of weeks, their bankruptcy proceedin... More...
   $0 (04-02-2018 - NY)

Ex parte Damian Chris Mandola

In its indictment charging Mandola with the offense, the State alleged that:
On or about the 5th day of April, 2014, in Hays County, Texas, the Defendant, Damian Mandola, did then and there intentionally or knowingly threaten Jeffrey Ogle with imminent bodily injury and did then and there use or exhibit a deadly weapon, to-wit: a knife, and or a hammer or mallet, during the commission of said ... More...
   $0 (03-30-2018 - TX)

Phyllis N. Gregory v. Creekstone Farms Premium Beef, L.L.C. District of Kansas Federal Courthouse - Wichita, Kansas

This appeal involves an award of summary judgment to the defendant
on claims involving premises liability. For these claims, the defendant had
only limited duties for dangers that are considered “open and obvious.”
This limitation lies at the center of this appeal: The victim was killed by
cattle, and the danger from cattle is ordinarily open and obvious. Here,
though, the catt... More...
   $0 (03-29-2018 - KS)

Monique Tillman and Eric Branch v. Jared Williams and The City of Tacoma Western District of Washington Federal Courthouse - Tacoma, Washington

Tacoma, WA - Monique Tillman and Eric Branch sued Tacoma police officer Jared Williams and The City of Tacoma on civil rights violation theories under 42 U.S.C. 1983 claiming that Williams tossed Monique around like a rag doll and threw her to the pavement during an encounter at a Pierce County mall in 2014.

Monique, who was 15 at the time and Eirc, who was 16, had dropped off some cloth... More...
   $0 (03-25-2018 - WA)

STATE OF OHIO vs. ROBERT BRADEN

Bruce Hust lived alone in a house in the West Price Hill neighborhood of
Cincinnati. He was an employee of the Hamilton County Juvenile Court. His work
hours were approximately 8:00 a.m. to 4:00 p.m., Monday through Friday. On the
morning of August 27, 2015, Hust left for work and returned home at 5:00 p.m. Hust
found his house ransacked, and his late mother’s wedding rings... More...
   $0 (03-25-2018 - OH)

Jaime Gonzalez v. Owens Corning Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

This appeal involves a putative class action brought by consumers in four states who alleged that Appellees Owens Corning and Owens Corning Sales, LLC (collectively, Owens Corning) sold defective roof shingles and misrepresented the shingles’ expected useful life. Appellants challenge an order of the United States District Court for the Western District of Pennsylvania denying class certification.... More...   $0 (03-22-2018 - PA)

Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...
   $0 (03-22-2018 - CA)

Matthew C. McGlynn v. State of California

In this mandamus proceeding, six judges who were elected to the superior court in
mid-term elections in 2012, but who did not take office until January 7, 2013, maintain
they are entitled to benefits under the Judges’ Retirement System II (JRS II)1
as in effect
at the time they were elected, rather than at the time they assumed office. This is a matter
of considerable importanc... More...
   $0 (03-21-2018 - CA)

J. Arthur Properties, II, LLC v. City of San Jose

Plaintiff SV Care operated a medical marijuana collective in a commercial zoning
district in San Jose. Plaintiff J. Arthur Properties, II, LLC owns the building in which SV
Care operated. Defendants City of San Jose and City of San Jose Appeals Hearing Board
(collectively, the City) determined that a medical marijuana collective was not an
authorized use of the subject property and... More...
   $0 (03-20-2018 - CA)

George Allison v. Centins Federal Credit Union District of Nebraska Federal Courthouse - Omaha, Nebraska

A group of investors appeals after the district court1 affirmed the bankruptcy
court’s finding that funds the investors transferred to Tri-State Financial, LLC (TSF)
are part of TSF’s Chapter 7 bankruptcy estate. We affirm.
I. Background
After Tri-State Ethanol (TSE) filed for Chapter 11 bankruptcy protection, a
group of investors (Omaha Group) formed TSF, a shell corporation d... More...
   $0 (03-19-2018 - NE)

Shannon Hyland v. Liberty Mutual Fire Insurance Company Central District of Illinois Federal Courthouse - Springfield, Illinois

Monteil Hyland was a passenger
in a car owned by Kimberly Perkins and driven by
Miquasha Smith—who, at age 16, was not lawfully behind
the wheel when she smashed the car at 12:46 a.m. one Saturday
into two parked vehicles, seriously injuring Hyland.
Smith has been convicted of aggravated reckless driving.
Neither Smith nor her parents had auto insurance. But Perkins
had... More...
   $0 (03-18-2018 - IL)

Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...
   $0 (03-17-2018 - CA)

AO Alpha-Bank v. Oleg Nikolaevich Yakovlev

Plaintiff AO Alpha Bank (Alpha Bank) initiated this lawsuit pursuant to the
Uniform Foreign-Country Money Judgments Act (Recognition Act; Code Civ. Proc.,
§§ 1713–1725)1 to recognize a Russian judgment against defendant Oleg Nikolaevich
Yakovlev. Yakovlev moved for summary judgment, arguing the judgment could not be
recognized because (1) the Russian court lacked personal jurisdict... More...
   $0 (03-12-2018 - CA)

United States of America v. Dameion Highley District of Colorado Federal Courthouse - Denver, Colorado

Defendant Dameion Higley filed a motion for relief under 28 U.S.C. § 2255 in
the United States District Court for the District of Colorado. He argued that his
conviction for using a firearm in relation to a crime of violence should be vacated
because armed bank robbery is not a crime of violence under 18 U.S.C. § 924(c).
The district court denied the motion as untimely or alternati... More...
   $0 (03-10-2018 - CO)

Rebecca Cooper v. Honeywell International, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This is yet another entry in a complicated tangle of cases
dealing with whether retiree benefits in a collective bargaining agreement (“CBA”) should
extend beyond the CBA’s expiration. Rebecca Cooper and some 50 other retirees at Honeywell
International’s Boyne City, Michigan plant say that Honeywell must provide them healthcare
benefits until they reach age 65. Honeywell responds ... More...
   $0 (03-08-2018 - MI)

Lonnie Patterson v. City of Yuga City Northern District of California Federal Courthouse - San Francisco

The panel certified the following question to the
California Supreme Court:
Does a finding of probable cause at a
preliminary hearing preclude a false arrest
claim?
The panel withdrew the case from submission and stayed
further proceedings pending final action by the California
Supreme Court.

We certify the question set forth in Part II of this order to
the... More...
   $0 (03-08-2018 - CA)

United States of America v. D'Hati Coleman, a/k/a Q District of Maine Federal Courthouse - Bangor, Maine

The overriding question in this
appeal is whether the district court appropriately denied an
offense-level reduction for acceptance of responsibility under the
sentencing guidelines. The answer to this question depends, in
large part, on whether the court appropriately found certain
conduct to be "relevant conduct" within the meaning of USSG §1B1.3.
Here, however, a procedu... More...
   $0 (02-28-2018 - ME)

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