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Mandamus Law
 
State of Florida v. Peter Avsenew Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Recommends Defendant for Convicted Killer

The State of Florida charged Peter Avsenew, age 33, with capital murder for killing Kevin Power and Stephen Adams.

The victims took the Defendant into their home in 2010 and paid for it with their lives.

The Defendant reportedly said that he had no regrets for killing the victims.

12/23/2010 1 ... More...
   $0 (01-12-2018 - FL)

Los Angeles Conservancy v. City of West Hollywood, Charles Company, Real Parties in Interest

Los Angeles Conservancy (Conservancy) petitioned
the superior court for a writ of mandate to compel the City of
West Hollywood (the City) to set aside the City’s approval of a real
estate development project known as “the Melrose Triangle” project.
The Conservancy argues that the environmental impact report
(EIR) was flawed in its analysis of alternatives to the project, theMore...
   $0 (12-22-2017 - CA)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

Creed-21 v. City of Wildomar, Wal-Mart Real Estate Business Trust, Real Party in Interest

Plaintiff and Appellant Creed-21 appeals from the dismissal of its petition for writ
of mandate and complaint for declaratory and injunctive relief under the California
Environmental Quality Act (Petition). The trial court imposed an issue sanction on
standing, which terminated the action, for the misuse of the discovery process in response
to a motion for sanctions pursuant to Cod... More...
   $0 (12-19-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

James R. Zeleny v. State of Nebraska Nebraska Supreme Court

Zeleny was charged by information in the county court
with operating a motor vehicle “while under the influence of
alcoholic liquor or . . . when he had a concentration of eighthundredths
of one gram or more by weight of alcohol per two
hundred ten liters of his breath.” That charge was enhanced
with the allegation that Zeleny’s alcohol level was “fifteen
hundredths of one ... More...
   $0 (12-06-2017 - NE)

Ruder M. Calderon-Ramirez v. James W. McCament Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ruder Calderon-Ramirez, a native and
citizen of Guatemala, filed a petition for U Nonimmigrant
Status on February 5, 2015. Due to a significant backlog,
Ramirez is waiting to be evaluated for the waiting list. On
August 15, 2016, he filed a petition for writ of mandamus in the
Northern District of Illinois requesting that the district court
compel Leon Rodriguez, Director o... More...
   $0 (12-05-2017 - IL)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

The Ninetieth Minnesota State Senate, et al. vs. Mark B. Dayton,  in his official capacity as Governor of the State of Minnesota Minnesota Gov. Mark Dayton

On May 25, 2017, the Ninetieth Minnesota State Senate and the Ninetieth Minnesota
State House of Representatives (collectively, the Legislature) each adjourned sine die,
ending the special session that began on May 23, 2017. On May 30, 2017, the Governor
vetoed line-item appropriations to the Legislature for its biennial budget. The Legislature
commenced this action, contendi... More...
   $0 (11-23-2017 - MN)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

Joshua Brenner v. American Education Services Eighth Circuit Courthouse - St. Louis, Missouri

Joshua Seth Brenner sued American Education Services (AES), allegingviolations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Brenner appeals the district court’s adverse grant of summary judgment. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
Reviewing the record de novo in the light most favorable to the non moving
party, this court concludes that summar... More...
   $0 (11-21-2017 - MO)

State of Oklahoma v. Shannon James Kepler Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - At The End Of A Four Trial - Jury Convicts Ex-Cop of Manslaughter

The State of Oklahoma charged Shannon James Kepler, age 57, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WI... More...
   $0 (11-21-2017 - OK)

Mary Anna Whitehall v. County of San Bernardino San Bernardino County Courthouse - San Bernardino, California

Plaintiff, Mary Anna Whitehall, was a social worker for the San Bernardino
County Children and Family Services (CFS or the County) who sought legal advice
pertaining to any liability she might have for submitting misleading information and
doctored photographs to the juvenile court at the direction of her superiors. Her counsel
2
prepared a filing for the juvenile court to app... More...
   $0 (11-19-2017 - CA)

West Virginia Lottery v. A-1 Amusement, Inc. Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

Robert Matheny v. Gregory Scolapio Supreme Court of Appeals - Charleston, West Virginia

The petitioner herein and plaintiff below, Robert Matheny,1 Sheriff of Harrison County (“Sheriff Matheny” or “the Sheriff”), appeals from an order entered August 9, 2016, by the Circuit Court of Harrison County. By that order, the circuit court granted mandamus relief to the respondent herein and defendant below, Lieutenant Gregory Scolapio (“Lieutenant Scolapio”), finding that he was entitled to ... More...   $0 (11-09-2017 - WV)

San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego

At issue here is a municipal ordinance, which authorized the issuance of bonds to
be used to refinance the defendants' obligations with respect to construction of a baseball
2
park. We find plaintiff taxpayers have standing under Government Code1 section 1092
to challenge the ordinance on the grounds participants in the proposed transaction
violated the conflict of interest pr... More...
   $0 (11-09-2017 - CA)

Johnny White v. Jerry Bob Lancaster, Lancaster Jr. Rentals, LLC Grady County Courthouse - Chickasha, Oklahoma

Grady County, OK - Jury Awards Plaintiff $8.5 Million On Wrongful Death Claims

Johnny White sued Jerry Bob Lancaster, Lancaster Jr. Rentals, LLC on a wrongful death neligence theory claiming that he daughter Kylie Andrews died in a house fire in a rental house located in Joy, Oklahoma. Plaintiff claimed that the defendants failed to property maintain the property and, as a direct result,... More...
   $8500000 (11-07-2017 - OK)

SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis

Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More...   $0 (11-05-2017 - TX)

Sierra Club v. State ex rel. Oklahoma Tax Commission Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The question presented is whether H.B. 14491 is a revenue bill and thus in violation of Article V, Section 33 of the Oklahoma Constitution. We answer in the affirmative.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 H.B. 1449 creates the Motor Fuels Tax Fee for electric-drive and hybrid-drive vehicles, of $100 and $30 per year respectively, and directs that the money from the fees be d... More...
   $0 (10-24-2017 - OK)

Protect Telegraph Hill v. City and County of San Francisco

The City and County of San Francisco (the City) approved construction of a threeunit
condominium project proposed by real parties in interest Jeremy Ricks, Tracy
Kirkham and Joe Cooper on Telegraph Hill at 115 Telegraph Boulevard. Appellant
Protect Telegraph Hill argues that the approval was unlawful because an Environmental
Impact Report (EIR) for the project should have been prep... More...
   $0 (10-14-2017 - CA)

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