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Remittitur Law
 
Samuel Duran v. U.S. Bank National Association

In our second encounter with this class action case, plaintiffs Samuel Duran and
Matt Fitzsimmons appeal from the trial court’s order denying class certification. This
case is a wage and hour class action challenging whether defendant U.S. Bank National
Association (Bank) had properly classified its business banking officers (BBOs) as
exempt employees under the outside salesperson ... More...
   $0 (01-18-2018 - CA)

Joseph Abuzaid v. Anani, LLC, Big D Concrete, Inc., Muamar Anani and Hanadi Anani Dallas County Courthouse - Dallas, Texas

This appeal involves appellant Joseph Abuzaid’s alleged fraudulent filing of UCC
Financing Statements. Appellees Anani, LLC and Big D Concrete, Inc. challenged the financing
statements as fraudulent liens and sought partial summary judgment. Appellees Muamar and
Hanadi Anani subsequently intervened and filed a separate summary judgment motion
challenging the fraudulent liens Abuzai... More...
   $0 (11-23-2017 - TX)

John PD Doe v. San Diego-Imperial Council


I.
INTRODUCTION
Plaintiff John PD Doe was sexually abused by a Boy Scout master beginning in
1998 and continuing for a number of years at a ranch owned and operated by the
2
defendants, San Diego-Imperial Council and Boy Scouts of America (the defendants). In
2013, many years after the abuse and after Doe obtained psychological therapy, he filed
this action agains... More...
   $0 (10-19-2017 - CA)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

Stephen Lukacs v. Christina Brooke Ice Hillsborough County Courthouse - Tampa, Florida

R.J. Reynolds Tobacco Company (R.J. Reynolds) appeals a second amended final judgment entered in favor of Cindy Evers, in her capacity as personal representative of the Estate of Jacqueline Loyd. Evers' wrongful death action was predicated on claims that Loyd was an Engle1 class member and that Loyd's lung cancer was, at least in part, caused by R.J. Reynolds and Lorillard Tobacco Company (for who... More...   $0 (10-01-2017 - )

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

F.E.V., a Minor, etc. v. City of Anaheim

INTRODUCTION
The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so ... More...
   $0 (09-20-2017 - CA)

Angela Borrell v. Bloomburg University

This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications for private hospitals that partner with public universities. Angela Borrell, a student working at a private hospital through a public university’s clinical program, was dismissed for refusing to take a drug test in violation of hospital policy. S... More...   $0 (09-03-2017 - PA)

Marlow Humbert v. Mayor and City Council of Baltimore City, et al.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department (“BPD”) officers led to Humbert’s unlawful arrest. Afterwards, the officers failed to inform the State’s Attorney that the victim could not positively identify Humbert and that D... More...   $0 (08-24-2017 - MD)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

Deutsche Bank National Trust Company, as Trustee, ets., v. Alan Pyle

In OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th
1318 (review den. May 10, 2017) (OC Interior) another panel of this court concluded that
2
a void judgment does not pass title free of the lien purportedly cancelled by the void
judgment; rather, "a void judgment in the chain of title has the effect of nullifying a
subsequent transfer, including a tr... More...
   $0 (07-14-2017 - CA)

Rajina Hess v. Volkswagen Group of America, Inc.

¶1 The trial court previously granted attorney fees against Defendant/Appellant/Counter-Appellee Volkswagen Group of America, Inc., (Volkswagen) in an amount exceeding $7 million in this multi-jurisdictional, class action law suit. In an appeal from that award, the Oklahoma Supreme Court concluded the trial court abused its discretion by failing to deduct the entirety of fees claimed in certain "f... More...   $0 (07-11-2017 - OK)

George Alvarez v. The City of Brownsville

Plaintiff-Appellee George Alvarez pleaded guilty to assault on a public
servant in Texas state court. Several years later, the Texas Court of Criminal
Appeals held that he was “actually innocent” of the assault and set aside his
conviction. Alvarez subsequently filed suit in federal court against the City of
Brownsville (“City”) and several law enforcement officers under 42 U.S.C.<... More...
   $0 (06-27-2017 - TX)

Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l... More...   $0 (06-20-2017 - TX)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation



Issue # 1. Issue: TORTIOUS INTERFERENCE CONTRACT (INTERFERE)
Filed By: YOUSUF, ARSHAD MD
Filed Date: 11/15/2004
Party Name Disposition Information
Defendant: CARDIOVASCULAR SURGICAL SPECIALISTS CORP Disposed: JUDGEMENT FOR PLAINTIFF, 02/09/2006. Jury... More...
   $0 (06-14-2017 - OK)

Charles Kinney v. Michele R. Clark

Charles Kinney appeals from a post-judgment award for
attorney fees and costs Michele Clark incurred in a prior appeal
while attempting to enforce an earlier award for attorney fees
and costs against Kinney. Kinney has been challenging Clark’s
entitlement to fees and costs in this action since 2008, when the
trial court first awarded Clark attorney fees and costs under a
re... More...
   $0 (05-18-2017 - )

Friends of the College San Mateo Gardens v. San Mateo County Community CollegeDistrict

This is a case brought under the California Environmental Quality Act (CEQA)
(Pub. Resources Code,
1
§ 21000 et seq.) that is before us for a second time. In the first
appeal, we affirmed the trial court’s ruling that defendant San Mateo County Community
College District violated CEQA when it responded to changes in a campus renovation
project by issuing an addendum to a mi... More...
   $0 (05-06-2017 - )

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

SUMMARY
Since January 1, 2008, Civil Code sections 1098 and 1098.5
have governed the circumstances under which certain fee
payments, imposed when real property is transferred, may or
may not be collected.1 In Marina Pacifica Homeowners Assn. v.
Southern California Financial Corp. (2014) 232 Cal.App.4th 494
(Marina Pacifica I), this court determined that a monthly
“assig... More...
   $0 (04-25-2017 - )

Poet, LLC v. State Air Resources Board

The California Global Warming Solutions Act of 2006 (Health & Saf. Code,
§ 38500 et seq.) established the first comprehensive greenhouse gas regulatory program
in the United States. Its goal is to progressively reduce greenhouse gas emissions to 1990
levels by 2020. The State Air Resources Board (ARB) was charged with achieving this
goal. One of its actions was promulgating the low... More...
   $0 (04-11-2017 - )

Jashim Uddin Ahmed v. Mark Sosa

We consider whether the portion of a judgment rendered on a jury verdict for past medical expenses must be reduced in light of a health care provider’s post-verdict, prejudgment agreement to reduce its lien against the plaintiff’s recovery of the same. It does not. We will affirm.
Appellee Mark Sosa was hospitalized at John Peter Smith Hospital (JPS) for approximately six days in late 2011 aft... More...
   $0 (02-16-2017 - TX)

James D. Robertson v. State of South Carolina

On March 26, 1999, Petitioner was convicted and sentenced to death for the 1997 murder of his parents, armed robbery, and financial transaction card fraud. Over the course of the next four years, Petitioner filed a direct appeal through appointed counsel, moved to relieve appointed appellate counsel, and filed a pro se appeal to this Court on July 25, 2003. Ultimately, following a judicial determ... More...   $0 (12-16-2016 - SC)

R.J. REYNOLDS TOBACCO COMPANY v. GWENDOLYN E. ODOM, Personal Representative of the ESTATE OF JUANITA THURSTON

Plaintiff filed suit against RJR asserting membership in the Engle class because her mother died from lung cancer “caused by her addiction to cigarettes.” In her suit, Plaintiff alleged causes of action for strict liability, negligence, fraud by concealment, and conspiracy to commit fraud by concealment. The case proceeded to trial in two phases. In the first phase, the jury was asked to: 1) de... More...   $0 (12-03-2016 - FL)

TOM ROBAK and CHARLOTTE ROBAK v. RAVALLI COUNTY Case No. -

This case began in 2008 when Plaintiffs Tom and Charlotte Robak (Robaks) filed
a Complaint, Request for Declaratory Judgment and Demand for Jury Trial, on August
22, 2008, in response to a December 2007 letter, signed by Laura Hendrix, Ravalli
County Floodplain Administrator, requesting the Robaks halt construction on their home
because it was possibly in the floodplain. For t... More...
   $0 (11-11-2016 - MT)

The People of the State of California v. Christopher Brandon Lee

San Bernardino, CA - Defendant Takes Stand To Testify and Admits Strangling The Victim

The People of the State of California charged Christopher Brandon Lee, age 27, with first-degree murder with special circumstances to strangling Erin Corwin, age 19, and dumping her body into a mine shaft.

Defendant pleaded not guilty but took the stand during trial and admitted killing Corwin ... More...
   $0 (11-01-2016 - CA)

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