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Estoppel Law
 
Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

Monster Energy Company v. Bruce L. Schechter

When a settlement agreement provides that the “[p]laintiffs and their counsel
agree” to keep the terms of the agreement confidential, and when the plaintiffs’ counsel
signs the agreement under the words, “Approved as to form and content,” can the
plaintiffs’ counsel be liable to the defendant for breach of the confidentiality provision?
We answer this question, “No.”

FACT... More...
   $0 (08-14-2018 - CA)

Joan E. Farr v. Daryl Davis; Dennis Moon; Deann Coote; John Patrick Hall; Huckleberry Homeowners Association District of Kansas Courthouse - Kansas City, Kansas

Proceeding pro se,1 Joan Farr appeals the district court’s order granting
summary judgment on her 42 U.S.C. § 1983 claim in favor of the Huckleberry
Homeowners Association and its board members (collectively, HOA). She also
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument wouldn’t materially assist in the determination ofMore...
   $0 (08-10-2018 - KS)

Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c... More...
   $0 (08-08-2018 - AR)

Raymond Blech v. Richard Blech, Commercial Bank as Trustee, etc.

Arthur Blech died in 2011, leaving an estate worth in
excess of $65 million. At his death, his estate planning
documents included the Arthur Blech Living Trust, as amended,
and his will, which provided for the “pour over” of most of his
remaining assets into the Trust, to be administered as part of the
corpus of the Trust by a third party trustee. Arthur left most of
his es... More...
   $0 (08-07-2018 - )

Abraham Jacob Proenza v. The State of Texas

Proenza and his wife Sandra testified that on April 2, 2008, A.J.V. was born in
Minnesota to Sandra’s sister. Hoping to adopt A.J.V., Proenza and Sandra drove to
Minnesota and returned to Texas with the child.
When A.J.V. was three or four weeks old, Sandra and A.J.V.’s birth mother, who
was in Texas at the time, took A.J.V. to Su Clinica. A.J.V.’s birth mother signed medi... More...
   $0 (08-07-2018 - TX)

David Lacagnina v. Comprehend Systems, Inc.

After a 10-day trial, a jury ruled in favor of appellant David Lacagnina on his
claims for fraud, breach of contract, and breach of the covenant of good faith and fair
dealing against respondents Comprehend Systems, Inc. (Comprehend) and its two
cofounders, Richard Morrison and Jud Gardner. From June 1, 2012 to November 20,
2013, when he was terminated, Lacagnina worked for Compreh... More...
   $0 (08-04-2018 - CA)

Taryn Nishiki v. Danko Meredith, APC

When an employee resigns without notice, California law requires the employer to
pay all wages within 72 hours. (Lab. Code § 202, subd. (a)1
.) If the employer willfully
fails to do so, the employee’s wages continue as a penalty from that due date until the
wages are paid, for up to 30 days. (§ 203.) This case considers an award of these
“waiting time” penalties, as well as an ... More...
   $0 (08-02-2018 - CA)

Heidi Hostettler v. The College of Wooster Northern District of Ohio Courthouse - Akron, Ohio

Heidi Hostettler was fired from the College of Wooster’s Human Resources Department when she was unable to return to work on a
>
No. 17-3406 Hostettler v. College of Wooster Page 2
full-time basis as she was recovering from postpartum depression and separation anxiety. She sued under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213 (2012); Title VII of the Civil Righ... More...
   $0 (07-26-2018 - OH)

Kang Sik Park, M.D. v. First American Title Insurance Company District of Utah Federal Courthouse - Salt Lake City, Utah

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co... More...
   $0 (07-25-2018 - UT)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

John R. Stroy v. Sloan Gibson Western District of Louisiana Federal Courthouse - Lafayette, Louisiana

John Stroy filed suit against his employer, the Department of Veterans Affairs, alleging racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964. The district court dismissed Stroy’s retaliation claim for lack of subject matter jurisdiction and granted summary judgment in favor of the VA on Stroy’s discrimination claim. For the reasons below, we AFFIRM.
I.
Joh... More...
   $0 (07-25-2018 - LA)

Barbara Sopkin v. Jill C. Mendelson Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Barbara Sopkin appeals from the district court’s dismissal of her lawsuit filed both derivatively on behalf of Interlase Limited Partnership and as assignee of Lucre Investments Ltd, which Sopkin purports assigned to her a 2% general partnership interest in Interlase.1 In her operative complaint, Sopkin alleges multiple state law claims primarily related to the defendants’ handling of Interlase’s ... More...   $0 (07-24-2018 - VA)

Ex Parte Noah Espada

This appeal addresses the trial court’s denial of Espada’s application for pre-trial writ of
habeas corpus. During the habeas proceeding, Espada alleged the trial court’s grant of a new
punishment hearing on his capital murder conviction was barred by double jeopardy.

Because the facts developed in the guilt-innocence and original punishment phase provide
necessary ba... More...
   $0 (07-23-2018 - TX)

BRIAN C. BAILEY v. STATE OF KANSAS

The sentences in Wyandotte County cases 87CR1856 and 88CR586 were ordered to run concurrent with each other but consecutive to the sentence in Wyandotte County case 81CR13. The sentences in Counts I and II in Wyandotte County case 88CR586 were ordered to run concurrent with each other.

The sentences in Johnson County case K53262 were ordered to run consecutive to the Wyandotte County c... More...
   $0 (07-22-2018 - KS)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

Nicholas Knopick v. Jayco, Inc. Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

In his telling, plaintiff Nicholas Knopick bought a $415,000 jalopy, but to be more precise, a limited liability company he controls bought the $415,000 jalopy. This factual shift determines the outcome of this case. Knopick has sued the manufacturer under the vehicle’s express limited warranty. That warranty does not cover the ve-hicle because the warranty excludes from coverage all vehi-cles pur... More...   $0 (07-17-2018 - IN)

L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

TROY DANIEL DOWELL vs. STATE OF IOWA Troy Daniel Dowell - Registered Sex Offender

We have previously summarized the relevant facts and circumstances of
the underlying offense and early proceedings:
Dowell, who has three children, was convicted of several crimes, including neglect of a dependent. The district court entered a sentencing no-contact order restraining Dowell from having any contact with his children. The order was to remain in effect until July 15, 2013... More...
   $0 (07-08-2018 - IA)

Timothy Weakley v. Eagle Logistics, Celadon Trucking Northern District of Alabama Federal Courthouse - Birmingham, Alabama

In this consolidated appeal, Timothy Weakley appeals the district court’s grant of summary judgment against him in favor of Eagle Logistics Services and Celadon Trucking Services, and its grant of summary judgment against him (in a separate lawsuit) in favor of Jennifer Roberts and Quality Companies. Weakley contends that the district court abused its discretion by dismissing his two lawsuits base... More...   $0 (07-02-2018 - AL)

Nile Ali Irsan v. The State of Texas Court of Appeals Ninth District of Texas at Beaumont

On November 13, 2014, Appellant Nile Ali Irsan was indicted for providing
a prohibited substance to a person who was in the custody of a correctional facility.
See Tex. Penal Code Ann. § 38.11(a) (West Supp. 2017).1 Irsan pleaded guilty
pursuant to a plea agreement, and on December 4, 2014, the trial court deferred
adjudication and placed Irsan on community supervision for a pe... More...
   $0 (06-30-2018 - TX)

Mia M. Shields v. The United States Portal Service District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Mia M. Shields appeals the dismissal by the United States District Court
for the District of Colorado of her third amended complaint (the Complaint), which
alleged that her former employer, the United States Postal Service (Defendant), had
violated the Equal Pay Act (EPA), 29 U.S.C. § 206.1 Defendant had moved to dismiss on
the ground that the claim was barred by the EPA ... More...
   $0 (06-30-2018 - CO)

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