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Estoppel Law
 
Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Ruben Sanchez v. City of Chicago, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Ruben Sanchez appeals the denial
of his motion for a new trial in his § 1983 action against Officer
Louis Garcia of the Chicago Police Department. Sanchez alleges
that the trial court made multiple evidentiary errors,
gave an improper jury instruction, and wrongfully accepted
a partial verdict. Because we conclude that a new trial is not
required, we affirm.
2 No. 16-35... More...
   $0 (01-16-2018 - IL)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

Western-Southern Life Assurance Company v. George W. Kaleh Southern District of Texas Courthouse - Houston, Texas

This case involves a lender who sued a guarantor for the breach of three personal guarantees. George Kaleh signed the guarantee agreements in conjunction with a real-estate-development project, and Western-Southern Life Assurance Company financed the project. After the borrowers defaulted on the underlying loans, Western foreclosed on the property and sued Kaleh.
The district court conducted a... More...
   $0 (01-15-2018 - TX)

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)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

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)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

UNITED STATES OF AMERICA v. ANDREW WAYNE HULEN

At the time of the events alleged in this case, Hulen was serving a five-year term of supervised release that followed twelve months of imprisonment for failure to register as a sex offender in violation of 18 U.S.C. § 2250(a). As a condition
UNITED STATES V. HULEN4 of his supervised release, Hulen was required to participate in sex-offender treatment.
Two months into his supervised relea... More...
   $0 (01-10-2018 - MT)

United States of America v. Everett B. Robinson Tenth Circuit Courthouse - Denver, Colorado

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...
   $0 (01-10-2018 - OK)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Cedric Greene v. Direct TV, Inc. Tenth Circuit Courthouse - Denver, Colorado

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...
   $0 (01-09-2018 - UT)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-29-2017 - CA)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-15-2017 - CA)

Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs... More...
   $0 (12-11-2017 - CA)

Michael Anthony Whitesell v. Bruce O. Burnham Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...
   $0 (12-10-2017 - UT)

United States of America, ex rel. Kenneth J. Conner v. Amrish K. Mahajan Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

After losing his job at Mutual Bank, Kenneth
Conner brought this qui tam action claiming that the defendants,
most of them directors or officers of the bank, had
defrauded the government in violation of the False Claims
2 No. 17‐1162
Act, 31 U.S.C. §§ 3729–3733. The United States declined to
take over the qui tam action, which Conner eventually settled.
But the Fe... More...
   $0 (12-05-2017 - IL)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

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