Defendant-appellant Byckley Charles Leutwiler was convicted by a jury of two counts of Possession of a Machine Gun, in violation of 18 U.S.C. § 922(o), and one count of Possession of a Firearm with an Obliterated Serial Number, in violation of 18 U.S.C. § 922(k). Mr. Leutwiler was sentenced to thirty-eight months imprisonment and now appeals. On appeal, he argues that the district court erred wh... More...   $0 (11-10-2011 - WY)

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin... More...   $0 (11-09-2011 - KY)

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin... More...   $0 (11-08-2011 - OH)

Camp Roofing Ltd d/b/a Camp Construction Services appeals from an adverse judgment rendered after a jury trial on its breach of contract claim and in favor of Park Side Villas I, LLC and Karen Irwin1 on their breach of contract claim. We affirm in part and reverse in part.

FACTUAL BACKGROUND

Charles Szabuniewicz formed a single-asset entity, Park Side Villas I, LLC, and bought an... More...   $0 (11-02-2011 - TX)

On May 19, 2008, by entering into a Rule 11[1] settlement agreement, Robert P. Berg and Kristi Wilson “buried the hatchetâ€� of a pending business-separation lawsuit. A central question for this appeal is whether the handle was left sticking out, in other words, whether Berg’s underlying claims, predating the settlement, should have been part of the subsequent jury trial between Berg and Wils... More...   $0 (11-02-2011 - TX)

Crest Construction II, Inc. (Crest) and Metro Energy, Inc. (Metro) (collectively, Plaintiffs) brought this action against several defendants alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 28 U.S.C. § 1961 et seq., and raising several state law causes of action. The district court2 granted the Defendants’ motion to dismiss the RICO claim and declined to exe... More...   $0 (10-31-2011 - MO)

The plaintiff, Twin Oaks Condominium Association, Inc., appeals from the judgment of the trial court in favor of the defendant Rodvald E. Jones1 on his negligence counterclaim. The plaintiff claims that the court improperly (1) concluded that the plaintiff was negligent and (2) calculated the amount of damages. We affirm the judgment of the trial court. The court found the following facts. The pla... More...   $0 (10-31-2011 - CT)

The defendant, Dorothy Larocque, appeals1 from the judgment of the trial court quieting title to certain real property in favor of the named plaintiff, 2 Theresa P. O’Connor, predicated on a finding that the plaintiff had disseized the defendant of her interest in the property as a tenant in common. The defendant claims that the trial court improperly determined that the plaintiff had overcome t... More...   $0 (10-31-2011 - CT)

¶ 1 The defendant, a Chicago residential condominium association, appeals from a
summary judgment order in favor of the plaintiffs, the owners of two corner condominium units
at the end of a common element hallway, based on the circuit court’s finding that the plaintiffs
were statutorily entitled to incorporate about eight feet of the hallway into their units as a private
foyer ... More...   $0 (10-28-2011 - IL)

Thomas Brown, a sergeant in the Cook County Sheriff’s Office, was passed over for promotion to lieutenant. His suit, filed under 42 U.S.C. § 1983 primarily against the then-Sheriff, Democrat Michael F. Sheahan (the only defendant whom we need to discuss), charges that he was passed over because he’s a Republican, didn’t contribute to Sheahan’s campaign fund in 1998, and voted for Sheahanâ... More...   $0 (10-25-2011 - IL)

Maurice and Dionne C. Oliver appeal the trial court summary judgment arising out of a dispute with James Hill over an agreement to lease and transfer real property located in Spring, Texas.[1] Maurice Oliver claims that the trial court erred in granting summary judgment in favor of Hill on his claims for breach of contract, defamation, fraud in a real estate transaction, and malicious prosecuti... More...   $0 (10-21-2011 - T)

Courts deciding whether to certify that a lawsuit qualifies for a class action must determine which obstacles create insuperable barriers to class relief and which do not. This can be a daunting task, but not here.

Plaintiffs Frank Marler, Sandra Marler and the Hollywood Beach Acquisition Association, Inc. (HBAA) (plaintiffs) filed a class action complaint on behalf of the Hollywood Beach M... More...   $0 (10-19-2011 - CA)

This is an interlocutory appeal from three orders that (1) reformed several employment agreements, (2) compelled arbitration in part and denied a stay of the balance of the litigation involving third parties during the pendency of the arbitration, and (3) granted a temporary injunction. See TEX. CIV. PRAC. & REMEDIES CODE ANN. § 51.016 (West 2008). Gray Wireline Service, Inc. complains that the t... More...   $0 (10-13-2011 - TX)

Advanced Micromagnetics, Inc. (“AMI�), appeals from a summary judgment in favor of Torch Energy Advisors, Inc., Torch E&P Co., Rockport Resources Capital Corp., and NM Back Nine Exploration Partners, LLC (collectively, “Torch� or the “Torch Defendants�). We reverse and remand for further proceedings consistent with this opinion.

Background

AMI is a consulting company tha... More...   $0 (10-13-2011 - TX)

The question presented is whether plaintiff, Nicholas Laboratories, LLC (Nicholas Labs), is required to “indemnifyâ€� its ex-employee, defendant Christopher Chen, for attorney fees incurred by Chen during his successful defense of an action brought by Nicholas Labs. The trial court rejected Chen‟s assertion that various statutory (Lab. Code, § 2802, subd. (a); Corp. Code, § 317, subd. (d)) a... More...   $0 (10-12-2011 - CA)

¶1 Respondent filed in this Court a petition to vacate the opinion of this Court which disbarred him from practicing law in Oklahoma. We conclude that the arguments offered by Respondent for vacating the disbarment are without merit and we deny the petition to vacate.

I. Introduction

¶2 George L. Mothershed, Respondent, was disbarred by this Court in 2003.1 In July 2005, Respon... More...   $0 (10-11-2011 - OK)

This is an insurance coverage dispute stemming from restoration work performed by Plaintiff-Appellee Mid-Continent Casualty Company’s (“Mid- Continentâ€�) insured, non-party John Ashley Strickling, after a fire at Defendant- Appellant Leigh Anne Brock’s Texas home. Brock appeals the district court’s declaratory judgment that Mid-Continent had no duty to indemnify Strickling for a judgment ... More...   $0 (10-11-2011 - TX)

In this appeal, we address several issues arising from a civil litigant’s invocation of his Fifth Amendment privilege against self-incrimination. The salient issue we consider is how, in response to a civil litigant’s request for accommodation of his or her privilege, the district court should proceed in order to prevent the opposing party from being unfairly disadvantaged. As it pertains ... More...   $0 (10-06-2011 - NV)

Abner Washington challenges the trial court’s order dismissing his suit for trover and conversion against Schamarian Land, Glenn Hopson, Cody Ginsel, and Deborah Hurley. The trial court granted the defendant’s Chapter 14 motion to dismiss with prejudice. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001–14.014 (West 2002). Washington claims the trial court abused its discretion in granting... More...   $0 (10-06-2011 - TX)

The appeal before us arises from events held in connection with the seventh annual Gay Games (the “Gamesâ€�), a series of athletic and cultural gatherings with the stated mission “to foster and augment the self-respect of gay men and women throughout the world and to engender respect and understanding from the non-gay world.â€� The events took place in Chicago, Illinois during July 2006. The p... More...   $0 (10-04-2011 - IL)

Appellee Mike Flowers purchased a 2000 Lincoln Town Car at an auction for the purpose of reselling it at his business, a used car lot in New Mexico. He hired Appellant TMC Auto Transport, Inc., owned by Appellant Frankie P. Carter, to transport the vehicle from an auction in Texas to New Mexico.

While TMC’s trailer was stopped at a red light, a car struck the rear of the trailer, moved u... More...   $0 (09-30-2011 - TX)

Oklahoma City, OK - Civil trial lawyer Travis Smith represented Diane Drawbaugh who sued Redmond P. Kemether on a breach of contract theory.

The Pre-Trial Order entered by the court provided, in part:

The Plaintiff, Diane Drawbaugh, performed cleaning services for Defendant, Redmond Kemether’s household. Plaintiff thereaf... More...   $2000 (09-27-2011 - OK)

* The Hon. Miriam Goldman Cedarbaum of the United States
District Court for the Southern District of New York, sitting by
designation.



09-1892-cv
Johnson v. Nextel Communications, Inc.


1 UNITED STATES COURT OF APPEALS
2 FOR THE SECOND CIRCUIT
3 August Term, 2009
4
5 (Argued: June 8, 2010 Decided: September 26, 2011)
6 Docket No. 09-1... More...   $0 (09-26-2011 - )

Leonard Willis and Len Willis, doing business as A-Z Service Center, appeal the trial court’s judgment. Kirk A. Smith brought suit against the Willises for conversion of his 2002 Dodge pickup truck. After a bench trial, the trial court awarded damages to Smith for conversion of his truck, but offset the amount by the cost of repairs made to the truck by the Willises. The trial court rendered ... More...   $0 (09-22-2011 - TX)

In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate th... More...   $0 (09-21-2011 - IA)