Eminent Domain Law
 
Greg Rosolowski v. Guthy-Renker, L.L.C.

Plaintiffs and appellants Greg Rosolowski et al. (collectively, Plaintiffs)1 appeal a judgment of dismissal following an order sustaining a demurrer interposed by defendant and respondent Guthy-Renker LLC (Guthy) to Rosolowski’s first amended complaint without leave to amend.
The advent of electronic mail, or email, “has brought with it a flood of commercial advertising, some of it mislead... More...
   $0 (10-28-2014 - CA)

AEP Oklahoma Transmission Company, Inc. v. Chester L. Eaton, et al.

COMES NOW the Petitioner, AEP OKLAHOMA TRANSMISSION COMPANY, INC. (AEP), an Oklahoma corporation, by its attorneys, and respectfully states and shows to the Court:
I.
That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified to engaged in the transmission and distribution of electrical ene... More...
   $0 (10-23-2014 - OK)

San Antonio Water System v. Beatriz Smith

Beatriz Smith sued the San Antonio Water System (SAWS) for injuries she sustained when she fell into a hole on a sidewalk. SAWS filed a plea to the jurisdiction, asserting it did not receive notice of the claim against it as required by the Texas Tort Claims Act. The trial court denied the plea. We affirm the order because we hold that 1) SAWS is not a “governmental unit” entitled to notice un... More...   $0 (09-24-2014 - TX)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar... More...   $0 (09-19-2014 - TX)

United States of America v. Timothy S. Durham

Timothy Durham, James Cochran, and
Rick Snow were convicted of perpetrating a widespread
financial fraud that caused more than $200 million in losses to
thousands of victims, many of them elderly or living on
modest incomes. After taking control of Fair Finance Company,
a previously well-established and respected business, the
trio quickly turned it into their personal pigg... More...
   $0 (09-04-2014 - IN)

Frontier Development Group, LLC v. Louis Caravella and Yellowstone Do It Center, LLC

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...   $0 (08-28-2014 - ID)

William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling... More...   $0 (08-27-2014 - CA)

Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; hereinafter s... More...   $0 (08-27-2014 - CA)

DCP Southern Hills Pipeline, LLC v. Darenda D. Mears a/k/a Darenda Talmadge, et al.

Oklahoma City, OK DCP Southern Hills Pipeline, LLC sued Darenda D. Mears an others on eminent domain (condemnation) theories seeking to acquire by condemnation certain rights, title and interest in real property for pipeline use alleging:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Darenda D Mears, a/k/a Darenda Talmadge; Arlyn McColloch;... More...
   $4500 (08-21-2014 - OK)

San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w... More...   $0 (08-17-2014 - )

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t... More...   $0 (08-14-2014 - CA)

MELONIE M. ANDERSON, Respondent-Appellant, vs. CARE INITIATIVES, INC. d/b/a WESTRIDGE NURSING & REHAB CENTER, Petitioner-Appellees.

Melonie Anderson appeals the district court’s judicial review decision that reversed the workers’ compensation award of benefits and remanded the case back to the agency. She claims on appeal the district court erroneously concluded there was a lack of evidence to support a determination of medical causation and the court applied the incorrect standard of review to the agency’s decision. Bec... More...   $0 (08-14-2014 - IA)

Philip Naeve v. Humboldt County Drainage District #126

Landowners appeal from a district court decision denying their petition to set aside the establishment of a drainage district and to reclassify lands to reduce their assessment of costs. The county board of supervisors contends the landowners waived their arguments against the drainage district by failing to raise them before the board. The board also contends the classification and assessment are... More...   $0 (08-13-2014 - IA)

Arnulfo Alvarez v. BAC Home Loans Servicing, L.P.

Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro appeal from a judgment entered in favor of defendants BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. (collectively Bank of America) following the sustaining of defendants’ demurrer to plaintiffs’ second amended complaint (the complaint) without leave to amend.1 The complaint alleges, amo... More...   $0 (08-07-2014 - CA)

Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; hereinafter s... More...   $0 (08-01-2014 - CA)

Christina Nicole Adams and Christopher L. Adams v. Laboratory Corporation of America

Christina and Christopher Adams (“the Adamses”) filed a lawsuit against Laboratory Corporation of America (“LabCorp”), alleging that its cytotechnologists were negligent in failing to identify abnormalities in Ms. Adams’s Pap smears and that this negligence caused a delay in her cancer diagnosis. LabCorp moved to exclude the testimony of Dr. Dorothy Rosenthal concerning the alleged breac... More...   $0 (07-29-2014 - GA)

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...   $0 (07-24-2014 - TX)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...   $0 (07-24-2014 - TX)

Lilas Moua v. Pittullo, Howington, Barker, Abernathy, LLP

Lilas Moua (appellant) appeals from a judgment entered after the trial court
granted summary judgment in favor of Pittullo, Howington, Barker, Abernathy, LLP;
P. Timothy Pittullo (Pittullo) and Jonathon A. Zitney (Zitney) (collectively respondents)
on appellant’s claim against respondents for legal malpractice. We affirm.
FACTUAL BACKGROUND
Appellant was born and educated in ... More...
   $0 (07-22-2014 - CA)

Olive Lane Industrical Park, LLC v. County of San Diego

Olive Lane Industrial Park ("Olive Lane") owned real property that was taken by eminent domain. Within four years after the eminent domain order, Olive Lane acquired
2
another parcel of property.1 About five and one-half years after the eminent domain order, for purposes of calculating property taxes on its new property, Olive Lane filed a request with the San Diego County tax assessor (Co... More...
   $0 (07-18-2014 - CA)

The People v. Reginald Bradford

In 1999 Reginald Bradford was convicted by a jury of three counts of second
degree burglary and four counts of petty theft with a prior. (Pen. Code, §§ 459, 666.)1
1 Further undesignated section references are to the Penal Code.
2
The offenses were based on incidents in which Bradford took merchandise from various
stores. The jury acquitted him of robbery. (§ 211.) The trial... More...
   $0 (07-15-2014 - CA)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

Mickey Lee Dilts v. Penske Logistics, LLC

Plaintiffs, a certified class of drivers employed by
Defendants Penske Logistics, LLC, and Penske Truck
Leasing Co., L.P., appeal from a judgment dismissing their
claims under California’s meal and rest break laws. The
district court held on summary judgment that the Federal
Aviation Administration Authorization Act of 1994
(“FAAAA”) preempts those state laws as appli... More...
   $0 (07-09-2014 - CA)

M.K. v. Sean Doyle

¶1 Sean Doyle appeals the trial court’s grant of M.K.’s petition
for a civil stalking injunction against him. We affirm.
¶2 In order to obtain a civil stalking injunction, M.K. was
required to prove, by a preponderance of the evidence, that Doyle
intentionally or knowingly engaged in a course of conduct directed
at her that he knew or should have known would cause a
r... More...
   $0 (07-03-2014 - UT)

Burwell v. Hobby Lobby Stores, Inc.

We must decide in these cases whether the Religious Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488,42 U. S. C. §2000bb et seq., permits the United StatesDepartment of Health and Human Services (HHS) to demand that three closely held corporations providehealth-insurance coverage for methods of contraceptionthat violate the sincerely held religious beliefs of thecompanies’ owners. We hold... More...   $0 (06-30-2014 - DC)

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