Eminent Domain Law
 
Cloud v. State Of Wyoming

On August 26, 2009, Appellant Wyatt Bear Cloud and two co-defendants were involved in the armed burglary of a residence in Sheridan, Wyoming. During the course of the burglary, one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud was charged with, and ultimately pleaded guilty to, Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-2... More...   $0 (11-23-2015 - WY)

In re Equalization Appeal of Kansas Star Casino

The Kansas Legislature enacted the Kansas Expanded Lottery Act (KELA), K.S.A. 74-8733 et seq., in 2007. KELA divided the state into four gaming zones: northeast, south central, southwest, and southeast, each of which would be allowed to have only a single gaming facility management contract. K.S.A. 2014 Supp. 74-8734(a), (d). Sedgwick County and Sumner County comprise the south central gaming zone... More...   $0 (11-20-2015 - KS)

Salvador Reza v. Russell Pearce

The panel has voted to deny the petition for panel
rehearing. Judges Smith and Watford voted to deny the
petition for rehearing en banc, and Judge Wallace so
recommends. The full court has been advised of the petition
for rehearing en banc, and no judge of the court has requested
a vote on en banc rehearing. See Fed. R. App. P. 35(f). The
petition for panel rehearing and th... More...
   $0 (11-19-2015 - AZ)

W&T Offshore, Inc. v. Apache Corporation

The parties tried this contract dispute to a jury in December 2014 after three years of
litigation. The jury found that the plaintiff, W &T Offshore, Inc., failed to show that the defendant,
Apache Corporation, had breached the parties' Production Handling Agreement. Apache filed a bill
of costs seeking more than $650,000, including over $500,00 in fees for its expert witnesses to a... More...
   $0 (11-18-2015 - TX)

BOMBARDIER, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

When someone believes that he or she has been discharged or otherwise discriminated
against in violation of § 42121(a), the person has ninety days from the date of discharge or
discrimination to file a complaint with the Secretary of Labor. Id. § 42121(b)(1); 29 C.F.R.
§ 1979.103(d). Department of Labor regulations oblige the complainant to file the complaint
with the Occupatio... More...
   $0 (11-15-2015 - DC)

Broad Street Energy Company v. Endeavor Ohio, LLC

For some time, Broad Street Energy Company has owned many oil-and-gas leases in northeast Ohio. In recent years, that market has changed, leading many to launch shale-drilling (often called fracking) initiatives designed to extract oil and gas from shale formations that typically lie much deeper below the surface than the underground formations from which Broad Street (and others) have extracted ... More...   $0 (11-13-2015 - OH)

Sharif Mobley v. CIA, et al.

Sharif Mobley seeks information relating principally to his detention in Yemen from four federal agencies. After submitting requests pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the Privacy Act, id. § 552a, Mobley filed two lawsuits to compel disclosure. The district court granted summary judgment to the agencies and denied Mobley’s motion for reconsideration. Althou... More...   $0 (11-13-2015 - )

Western Farmers Electric Cooperative of Anadarko, Oklahoma v. Henry Ndekwe and Patience E. Okon Ndekwe

Lawton, OK - The Western Farmers Electric Cooperative of Anadarko, Oklahoma sued Henry Ndekwe and Patience E. Okon Ndekwe on eminent domain theories seeking to acquire certain rights, title and interests for public use.

05-05-2014 NO

NOTICE IN CONDEMNATION

Document Available at Court Clerk's Office

05-05-2014 TEXT

OCIS HAS AUTOMATICALLY ASSIG... More...
   $0 (11-12-2015 - OK)

Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of
28 published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the
29 United States District Court for the Southern District of New York (Chin, J.). They appeal from
30 the grant of summary judgment in Google’s favor. Through its Library Project and its Google
31 ... More...
   $0 (11-08-2015 - NY)

Amir Meshal v. Chris Higgenbotham

Amir Meshal filed this Bivens action, see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against several agents of the Federal Bureau of Investigation (“FBI”), claiming they violated his Fourth and Fifth Amendment rights when they detained, interrogated, and tortured him over the course of four months in three African countries. Meshal insists a Bivens remedy ... More...   $0 (11-07-2015 - DC)

Hyundai Amer. Shipping Agency v. NLRB

We review an order of the National Labor Relations Board invalidating five rules in the employee handbook maintained by the Hyundai America Shipping Agency. Though the case was argued in February 2013, we placed it in abeyance the same month, pending the Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014). That decision made clear that the three Board members on the panel in... More...   $0 (11-07-2015 - DC)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s... More...
   $0 (10-28-2015 - MS)

State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He also ha... More...
   $0 (10-28-2015 - MD)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Ward filed... More...
   $0 (10-24-2015 - MS)

Southwest Electric Power Co. v. Safari REstate, eal L.L.C., d/b/a Wild Wilderness Drive-Through Safari

Bentonville, AR - Jury awards Wild Wilderness Drive-Through Safari $916,745 in damages for taking for power line.

Southwest Electric Power Co. sued Safari Real Estate, L.L.C., d/b/a Wild Wilderness Drive-Through Safari on an eminent domain theory seeking to acquire a 9 acre right-of-way for a high-voltage transmission line across Safari's property.

Defendant objected to the amou... More...
   $916745 (10-24-2015 - AR)

United States of America v. Dennis Mahon

Criminal Law The panel filed (1) an order amending its opinion, denying petitions for panel rehearing and rehearing en banc, and denying a motion to stay; and (2) an amended opinion affirming convictions under 18 U.S.C. § 844(i) and (n) for a pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue.

In its amended opinion, the panel explained that an intrinsically no... More...
   $0 (10-21-2015 - CA)

Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of 27
published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the 28
United States District Court for the Southern District of New York (Chin, J.). They appeal from 29
the grant of summary judgment in Google’s favor. Through its Library Project and its Google 30 <... More...
   $0 (10-19-2015 - NY)

Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained in ... More...   $0 (10-18-2015 - CA)

PREMIUM TRANSPORTATION STAFFING, INC. and DALLAS NATIONAL INSURANCE CO. vs. ALAN BOWERS

Premium Transportation Staffing, Inc. (employer) and Dallas National
Insurance Co. (insurer) appeal from an adverse ruling on their petition for judicial
review of a final agency decision by the Iowa Workers’ Compensation
Commissioner that awarded permanent and total disability benefits to Alan
Bowers. The appellants challenge the agency determinations (1) finding Bowers
... More...
   $0 (10-17-2015 - IA)

Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an... More...   $0 (10-13-2015 - CA)

DC Comics v. MARK TOWLE, an individual, DBA Garage Gotham

SUMMARY**
Copyright / Trademark
The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by
DC Comics against a maker of Batmobile replicas. The panel held that the Batmobile, as it appeared in the
Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive
char... More...
   $0 (10-08-2015 - CA)

Jason Bradley McGill v. The State of Wyoming

Mr. McGill spent Thanksgiving Day 2013 with his three children from his second marriage; his live-in girlfriend, Jennifer Neumeyer; and her three children from previous relationships. Mr. McGill and Ms. Neumeyer began arguing early in the day. The argument escalated when Mr. McGill’s ex-wife, Cristi McGill, called during Thanksgiving dinner and Mr. McGill allowed his children to speak with their... More...   $0 (09-28-2015 - WY)

United States of America v. Octavio Cesar Sana

San Diego, CA - Imperial Business Owner Admits Trafficking in Millions of Dollars of Counterfeit Cell Phone Parts

Imperial Valley businessman Octavio Cesar Sana, a Spanish national with legal U.S. residency, pleaded guilty today to running a years-long conspiracy to traffic in millions of dollars of counterfeit Chinese cell phone parts.

Sana pleaded guilty before U.S. Magistrate... More...
   $0 (09-24-2015 - )

Santa Clarita Org. for Planning etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W... More...
   $0 (09-23-2015 - CA)

Pulaski & Middleman, LLC v. Google, Inc.

Between 2004 and 2008, many online internet advertisers
used Google, Inc.’s (“Google”) AdWords program, an
auction-based program through which advertisers would bid
for Google to place their advertisements on websites. Pulaski
& Middleman, LLC and several other named plaintiffs
(“Pulaski”)1 brought this putative class action under
California’s Unfair Competition and Fair Ad... More...
   $0 (09-21-2015 - CA)

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