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Fiduciary Duty Law
 
Joyce Ledderer v. Gursey Schneider

Plaintiff Joyce Lederer employed accounting firm Gursey
Schneider LLP and its employee Spencer Inada (collectively,
Gursey) to manage her finances. As part of their agreement,
Gursey purchased insurance for Joyce1 and her family members.
Joyce requested that Gursey purchase uninsured/underinsured
insurance with a policy limit of $5 million. Gursey actually
purchased a polic... More...
   $0 (04-20-2018 - CA)

Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a... More...
   $0 (04-20-2018 - HI)

United States of America v. Christopher M. Holbroo District of New Mexico Federal Courthouse - Las Cruces, New Mexico

Las Cruces, NM - Former Las Cruces U.S. Customs and Border Protection Officer Pleads Guilty to Obstruction of Justice

The Justice Department announced that on April 19, 2018 former U.S. Customs and Border Protection (CBP) officer Christopher M. Holbrook pleaded guilty in federal court in Las Cruces, New Mexico, to obstruction of justice.

The charge stems from Holbrook’s falsific... More...
   $0 (04-19-2018 - NM)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

Salvador Zarate v. The State of Texas

The State’s first witness was Starr County Sheriff’s Officer Justin Falcon. Officer Falcon
testified that he was working in the jail, on December 24, 2014, when he received a call from
Justice of the Peace Salvador Zarate Jr. instructing him to reduce the bonds for both Daisy Rich
and Harry Rich from $30,000.00 each to $5,000.00 each. Officer Falcon explained that although
it... More...
   $0 (04-19-2018 - TX)

Samuel Hal Wade v. The State of Texas 65 Years: Judge Goodwin Drops the Hammer on Sex Offender By Revoking Probation

Appellant Samuel Hal Wade was placed on deferred adjudication community
supervision after he pled guilty to three counts of aggravated sexual assault of a child for sexual
abuse perpetrated against his two biological daughters. See Tex. Penal Code § 22.021(a)(1)(B),
(2)(B); Tex. Code Crim. Proc. art. 42A.101. Subsequently, the trial court granted the State’s 1
motions to adjudica... More...
   $0 (04-18-2018 - TX)

All Green Electric, Inc. v. Security National Insurance Company

Plaintiff and appellant All Green Electric, Inc. (All Green),
appeals from a grant of summary judgment in favor of its insurer,
defendant and respondent Security National Insurance Company
(SNIC). All Green requested that SNIC defend a lawsuit alleging
that All Green negligently installed electrical equipment for a
medical scanner. The trial court concluded that the lawsuit fel... More...
   $0 (04-18-2018 - CA)

Milton Rolando Paz v. The State of Texas

In February 2011, Appellant was the father to two young children, a thirteen
month-old girl and a one-month-old girl. During that month, Appellant’s wife had
to leave town for work. A friend agreed to care for the infant while the wife was
away. The wife’s work trip got extended. The friend caring for the infant had to
return her to Appellant because the friend also had to g... More...
   $0 (04-18-2018 - TX)

STATE OF KANSAS v. DEREK ALAN GORMLY

Gormly was convicted of one count of lewd and lascivious behavior and one count of aggravated indecent liberties with a child. Gormly's victim was his then-girlfriend's younger sister, D.S., who was 13 years old at the time of the offenses. Gormly was 26 years old at the time. Gormly allegedly engaged D.S. in sexually inappropriate behavior at various times in the fall of 2012. Specifically, she a... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRENT J. BUETTGENBACH

On December 16, 2016, Buettgenbach filed a timely notice of appeal from the district court's rulings. His counsel requested transcripts for purposes of this appeal on December 21 and 27, 2016.

On January 3, 2017, Buettgenbach filed the docketing statement. That same day the court reporter filed a certification that the transcript had been completed pursuant to Rule 3.03(e) (2017 Kan. S... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. BRANDON R. WILLIAMS

On the morning of December 12, 2015, Jordan Ray left his residence in Wichita to go to work. At about 11 a.m., Ray received a phone call from Williams. Williams and Ray had known each other for about 10 years. Although Williams and Ray were not friends, Williams had visited Ray's residence on multiple occasions to play video games. Ray returned Williams' call and Williams said he had left a shirt ... More...   $0 (04-18-2018 - KS)

STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. TERRY B. CLEATON

The stipulated facts are in the record and need not be repeated here, as the parties are bound by their submission to the court. Highly summarized, the facts show that on December 21, 2013, while Cleaton was driving his van near the intersection of Central and Hillside in Wichita, a Wichita police officer saw Cleaton's van crash into a dark colored SUV. The SUV stopped, but Cleaton did not. The of... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS V. COREY N. MOYE

The State charged Moye with attempted murder, aggravated battery, aggravated assault, criminal threat, aggravated escape from custody, and aggravated battery of a law enforcement officer. Moye then agreed to plead no contest to aggravated battery and aggravated assault, and he initialed the provisions of the plea agreement that indicated he
2
understood his rights and the criminal charge... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

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)

Cheryl Currid v. Coit Cleaning & Restoration Services First District Court of Appeals of Texas - Houston, Texas

Appellant, Cheryl Currid, appeals from the trial court’s summary judgment in favor of appellee, Coit Cleaning and Restoration Services (“Coit”), on Coit’s suit on a sworn account1 and alternative claims for breach of contract, quantum meruit, and
1 See TEX. R. CIV. P. 185.
2
unjust enrichment. In two issues, Currid contends that the trial court erred in not compelling the parties to ar... More...
   $0 (04-17-2018 - TX)

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)

CASEY SHELDON WOODS a/k/a CASEY WOODS v. STATE OF MISSISSIPPI

Doris Tenner and Pierre Tenner were married and lived at Fourteen Hampton Court
in Natchez, Mississippi. Doris’s and Pierre’s marriage became volatile over time and
eventually deteriorated. Some time after Doris and Pierre separated, Doris began dating
Woods in April 2015.
¶5. On May 4, 2015, Pierre called Doris, but she did not answer the phone. Later, Pierre
came home fr... More...
   $0 (04-16-2018 - MS)

SEDRIC SUTTON a/k/a CEDRIC SUTTON a/k/a SEDRIC QUINTORUS SUTTON v. STATE OF MISSISSIPPI

The petitioner, John Michael Howell, appeals the portion of the Circuit Court of Wetzel County’s May 12, 2016, “Amended Entry of a Plea and Sentencing Order Amended” [sic] specifying that he will be eligible for parole consideration after serving a minimum of fifteen years in prison. He argues that pursuant to statute, he should be eligible for parole after ten years of incarceration. The State of... More...   $0 (04-16-2018 - MS)

DANIEL LYNN HONEY v. STATE OF ARKANSAS

Honey was charged with two counts of rape based on allegations that he inserted his
finger into the vagina and anus of seven-year-old R.T. Prior to trial, Honey filed a motion
for discovery to which the State filed a response and supplemental response. Honey later filed
a separate request for discovery pursuant to Arkansas Rule of Criminal Procedure 17.1,
specifically asking the S... More...
   $0 (04-16-2018 - AR)

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)

GERMAN VASQUEZ V. STATE OF ARKANSAS

Vasquez was arrested pursuant to a charge of rape on May 7, 2016, and he was not
tried until August 7, 2017, 457 days later, ninety-one days beyond the one-year anniversary
of his arrest.1 During the pendency of the case, the circuit court granted four continuances.
The State requested the first continuance due to its need for more time for the Arkansas
State Crime Laboratory t... More...
   $0 (04-15-2018 - AR)

COURTNEY JERREL DOUGLAS V. STATE OF ARKANSAS

A Union County jury found appellant, Courtney Jerrel Douglas, guilty of first
degree murder and possession of a firearm. Douglas was sentenced to a term of life
imprisonment for the murder conviction plus an additional fifteen years’ imprisonment for
the use of a firearm. For his possession-of-a-firearm charge, Douglas was sentenced to forty
years’ imprisonment and a fine of $... More...
   $0 (04-15-2018 - AR)

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