Code of Civil Procedure section 340.6, subdivision (a) (hereafter section 340.6(a)) provides: “An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the w... More...   $0 (08-20-2015 - CA)

CSS2 is a small farming corporation. Steve Muhlenbruch is the agronomy
manager of Farmers Cooperative Company. At Muhlenbruch’s direction, an
employee of Farmer’s Cooperative Company entered CSS2’s property and
sprayed chemicals that killed the corn crop. (Hereafter we refer to Farmers
Cooperative Company and Muhlenbruch jointly as “the Coop.”) On April 25,
2013, CSS2 s... More...   $0 (08-19-2015 - IA)

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t... More...   $0 (08-19-2015 - CA)

Cardiovascular Provider Resources Inc. appeals a jury verdict in favor of Charles Gottlich, M.D. on his claim for misappropriation of his name. Bringing four issues, CPR contends the evidence is legally insufficient to support the jury’s findings on liability and damages. CPR further contends the trial court erred in failing to award it attorney’s fees under the Texas Theft Liability Act. After re... More...   $0 (08-18-2015 - TX)

Under the Telecommunications Act of 1996, local exchange carriers such as Windstream Iowa Communications, Inc. (Windstream) must connect calls made to their customers by the customers of national telecommunications companies such as Sprint. Prior to 2009, Sprint paid Windstream state access charges for connecting nonnomadic intrastate long-distance VoIP calls—that is, calls made by cabletelephone... More...   $0 (08-15-2015 - IA)

In a proceeding before the Minnesota Tax Court, relator Guardian Energy, LLC,
challenged respondent Waseca County’s assessment of the value of its ethanol
production facility. In this appeal from the tax court’s order for judgment, Guardian
Energy argues that the tax court erred by (1) classifying 27 tanks1 used in the ethanol
production process as taxable real property and (2) ... More...   $0 (08-13-2015 - MN)

On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...   $0 (08-12-2015 - ID)

We only need summarize the facts of this case. Rocky Aoki founded appellant
Benihana of Tokyo, Inc. in 1963. The success of the Benihana undertaking led appellant
to open numerous Benihana restaurants. Though the parties have set forth the Benihana
corporate history at length in their briefs, it is sufficient for our purposes to indicate that
the Benihana interests subsequen... More...   $0 (08-11-2015 - )

First American Bank initiated a foreclosure action against Urbandale Laser
Wash, LLC, Walnut Creek Laser Wash, LLC, and Steven Golden (collectively
referred to as Golden). Golden responded and claimed as an affirmative defense
that the two parties had reached a forbearance agreement that precluded
foreclosure. Golden also filed four counterclaims: (1) First American’s breach ... More...   $0 (08-07-2015 - )

In this direct appeal from the Oregon Tax Court Regular Division (Tax Court), we must decide whether the Tax Court properly applied administrative rules governing property tax appraisals. Specifically, this case requires us to consider the relationship between two terms defined in the Department of Revenue’s administrative rules: “highest and best use” and “value of the loss.” See OAR 150-308.205-... More...   $0 (08-06-2015 - OR)

We granted review to answer the question “whether and under what circumstances
prosecutorial immunity protects a person who is not a prosecutor.” Appellant Marcia Lee
Stresemann is the sole owner of Affiliated Counseling Center, LLC (Affiliated).
Respondent Catharine Morton-Peters was the Chief Investigator for the Medicaid Fraud
Control Unit (MFCU) of the Minnesota Attorney ... More...   $0 (08-06-2015 - MN)

HKC is an Orange County law firm formed in November 1982. Pursuant to a shareholder agreement signed in 2005 (the shareholder agreement), HKC had two equal shareholders, Hart and Coldren. Hart and Coldren were each directors. Coldren was the president, and Hart was the Secretary/Treasurer. Hart and Coldren both placed their 50 percent ownership interests in their respective family trusts. More...   $0 (08-05-2015 - CA)

Little Rock, AR - Former Saline County Sheriff Pleads Guilty To Wire Fraud

Bruce Pennington, age 64, of Fayetteville, Arkansas, the former Saline County Sheriff, pleaded guilty to a one-count Information charging him with wire fraud for using money from his campaign account to pay for personal items and expenses charged to his Sheriff’s Office Visa card.

Pennington held the offic... More...   $0 (08-03-2015 - AR)

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...   $0 (07-31-2015 - TX)

Prairie Supply, Inc. ("Prairie") appeals from a district court judgment ordering Prairie to pay Apple Electric, Inc. ("Apple") damages for conversion by the wrongful repossession of ground heaters. We affirm, concluding our review of the issues raised by Prairie on appeal is limited to the issue of damages, and the award of damages to Apple is supported by the evidence.

I

[¶2] In... More...   $0 (07-31-2015 - ND)

Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.... More...   $0 (07-30-2015 - MO)

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and... More...   $0 (07-30-2015 - )

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...   $0 (07-29-2015 - CO)

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals... More...   $16260332 (07-28-2015 - DE)

Hurricane Ike made landfall over Galveston Island in September 2008 and wrought widespread devastation on the region. Among the ruins were 569 public housing units comprising four sites located in impoverished areas of Galveston County. This case centers on a plan to replace those units in part by redeveloping on two of the sites destroyed by Ike. We address questions concerning the scope of stand... More...   $0 (07-24-2015 - TX)

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...   $0 (07-23-2015 - TX)

This is the second appeal arising from a dispute between Frost Bank and Yigal Bosch regarding several defaulted business loans. We dismissed Bosch’s first appeal because there was no final judgment in the case at that time. Bosch v. Frost Nat’l Bank, No. 01-13-00190-CV, 2013 WL 1932138 (Tex. App.—Houston
2
[1st Dist.] May 9, 2013, no pet.) (mem. op.). The trial court has since issued a fin... More...   $0 (07-21-2015 - TX)

The question presented is whether money owed as a result of
theft of unmetered natural gas qualifies as a “debt” for purposes of
the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p
(“FDCPA”).
3
We hold that money owed as a result of theft is not an
“obligation or alleged obligation of a consumer to pay money arising
out of a transaction” and, therefore, does... More...   $0 (07-21-2015 - NY)

On April 5, 2006, Chambers and her son purchased a residential condominium in Novi, Michigan. The total cost of the condo was $608,294.00. They financed the purchase with $25,000.00 from Chambers’ personal funds and obtained a mortgage loan from Fremont Investment and Loan (“FILC”) in the amount of $583,294.00 (the “first mortgage”). Chambers and her son also took a second mortgage loan on the ... More...   $0 (07-18-2015 - )

Plaintiff-Appellant Viola Chambers
(“Chambers”) appeals from a district court order dismissing her claims of fraud against HSBC
Bank, USA, and numerous other defendants.1 Chambers also asserts that the district court erred
1Chambers named 26 defendants below, and renames them all on appeal: HSBC Bank USA, N.A.
(“HSBC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); Signa... More...   $0 (07-17-2015 - MI)