[¶ 1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate th... More...   $0 (06-29-2014 - )

[¶1] A jury found Gilbert Ortiz, Jr., guilty of three counts of second-degree sexual
assault. Mr. Ortiz raises seven issues on appeal. We affirm on all issues.
ISSUES
[¶2] 1. Was Mr. Ortiz denied his right to a speedy trial?
2. Did the district court properly admit forensic interview evidence as a prior
consistent statement?
3. Did testimony from a forensic interviewer or... More...   $0 (06-29-2014 - )

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa... More...   $0 (06-26-2014 - )

The Copyright Act of 1976 gives a copyright owner the “exclusive righ[t]” to “perform the copyrighted work publicly.” 17 U. S. C. §106(4). The Act’s Transmit Clause defines that exclusive right to include the right to “transmit or otherwise communicate a performance . . . of the [copyrighted] work . . . to the public, by means of any deviceor process, whether the members of the public... More...   $0 (06-25-2014 - DC)

¶1 This case presents the question whether the Utah Depart-ment of Transportation (UDOT) has the authority to use the pow-er of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at is-sue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its pl... More...   $0 (06-24-2014 - UT)

The Fourteenth Amendment's Equal Protection Clause guarantees that no citizen will be excluded from jury service solely on account of his or her race. This logical proposition, bordering on the obvious, was enshrined as a matter of clearly established constitutional law in Batson v. Kentucky, 476 U.S. 79 (1986). Indeed, "[t]he Constitution forbids striking [from the jury] even a single prospective... More...   $0 (05-28-2014 - MA)

“[T]he California Constitution requires generally the assessment of property at ‘fair market value’ . . . [A]ssessors have a constitutional mandate to tax all property at fair market value if not exempt under federal or state law.” (See Elk Hills Power, LLC v. Board of Equalization (2013) 57 Cal.4th 593, 606-607 (Elk Hills).) “Intangible assets and rights are exempt from taxation and . .... More...   $0 (05-22-2014 - CA)

Trade secret protection “ ‘promotes the sharing of knowledge, and the efficient operation of industry,’ ” by “ ‘permit[ting] the individual inventor to reap the rewards of his labor by contracting with a company large enough to develop and exploit it.’ [Citation.]” (DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 878 (DVD Copy Control).) Trade secret law allows the in... More...   $0 (05-08-2014 - CA)

Appellant Thomas Prousalis Jr. pled guilty to three counts arising from his fraudulent activity in connection with a client’s initial public offering. He now seeks habeas relief, contending that, in light of the Supreme Court’s intervening decision in Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), the conduct for which he was convicted is no longer criminal. For... More...   $0 (05-07-2014 - VA)

Dismissal of a civil complaint is said to be voluntary when requested by the plaintiff and involuntary when ordered by the court. A dismissal may be partial, as in this case, where plaintiff Maureen deSaulles (Employee) agreed to dismiss two of her seven causes of action with prejudice in exchange for a payment of $23,500 from defendant Community Hospital of the Monterey Peninsula (Employer). A ci... More...   $0 (05-02-2014 - CA)

A jury convicted Jaime Guadalupe Gonzalez of first degree murder (count 1; Pen. Code, § 187, subd. (a); all further undesignated statutory references are to this code) and street terrorism (count 2; § 186.22 ,subd. (a)) for killing 20-year-old Juan Carlos Cena. The jury found true a special circumstance allegation that Gonzalez, who was 15 years old at the time of the offense, intentionally comm... More...   $0 (04-30-2014 - CA)

¶1 This appeal arises from a condemnation case that proceeded to a jury trial. Defendants/Appellants Patrick L. and Marshaleta Taylor, husband and wife (Landowners), appeal the trial court's Order granting the motion for new trial of Plaintiff/Appellee Independent School District No. 5 of Tulsa County, Oklahoma (Condemnor). The primary question presented on appeal is whether the trial court erred... More...   $0 (04-29-2014 - OK)

A jury convicted Defendants Charles Cannon, Brian Kerstetter, and Michael McLaughlin (collectively “Defendants”) of committing a hate crime under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (“Shepard-Byrd Act”), 18 U.S.C. § 249(a)(1), for attacking Yondel Johnson. Congress passed the Shepard-Byrd Act pursuant to its powers under the Thirteenth Amendment, whi... More...   $0 (04-24-2014 - TX)

This appeal presents numerous issues relating to transparency in federal courts and the public’s constitutional and common-law rights of access to judicial records and documents. The plaintiff in the underlying proceedings, known to the public only as “Company Doe,” filed suit under the Administrative Procedure Act to enjoin the United States Consumer Product Safety Commission (the Commissio... More...   $0 (04-16-2014 - )

Catherine Conrad, the plaintiff, is a self‐employed singing and dancing entertainer (also a writer and motivational speaker, see “Bananaland,” www. bananalady.com/about.htm, visited on April 10, 2014, as were the other websites cited in this opinion). She calls herself the “Banana Lady” and performs wearing a costume in the shape of a giant banana. You can watch her dancing the “Banana... More...   $0 (04-14-2014 - WI)

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later, ... More...   $0 (04-09-2014 - CA)

During the dot-com boom of the 1990s, Erich Specht founded Android Data Corporation, and registered the “Android Data” trademark. The company ceased principal operations in 2002, but the Android Data mark remained registered to it. Five years later, Google Inc. rolled out its new Android operating system for mobile phones. Specht responded with this suit against Google,

2 No. 11-3317More...   $0 (04-04-2014 - IL)

When Keith Russell accepted a job with Citicorp Credit Services, he agreed to arbitrate “all employment-related disputes” with the company. Does that mean he must arbitrate a case already pending in court when he signed the agreement? We think not.


I. From 2004 to 2009, Russell worked at Citicorp’s call center in Florence, Kentucky. As a condition of employment, he signed a standa... More...   $0 (04-04-2014 - KY)

Teal Trading and Development, LP appeals from the trial court’s declaratory judgment in favor of Champee Springs Ranches Property Owners Association. The trial court’s judgment declared that Teal Trading was estopped by deed to challenge the validity and enforceability of a property restriction within its chain of title. On appeal, Teal Trading contends the trial court erred by granting Champe... More...   $0 (03-19-2014 - TX)

Plaintiff–Appellant Hornady Manufacturing Company, Inc., appeals from a district court order granting summary judgment to Defendant–Appellee DoubleTap, Inc., on Hornady’s trademark infringement claims. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

Background

Hornady was founded in 1949 by Joyce Hornady. Aplt. App. 1047. Since that time, Hornady has manufacture... More...   $0 (03-19-2014 - UT)

Lovely Skin, Inc. (“Lovely Skin”) brought a four-count complaint against Ishtar Skin Care Products, LLC (“Ishtar”), alleging trademark infringement and false designation of origin under the Lanham Act, and common law unfair competition and injury to business reputation in violation of Nebraska law. Ishtar counterclaimed, seeking cancellation of the registrations of Lovely Skin’s two trad... More...   $0 (03-13-2014 - NE)

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park ... More...   $0 (03-07-2014 - TX)

Inmate Roy Thinnes Butler pled guilty to second degree murder in 1988, when he was 20 years old, for his participation in the slaying of a man who had repeatedly, physically abused two other people. Despite the recommendation of the California Department of Corrections (CDC) that Butler be placed on probation, he was sentenced to an indeterminate term of 15 years to life. The Board of Parole Heari... More...   $0 (03-05-2014 - CA)

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma a... More...   $95000 (02-27-2014 - OK)

[¶1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the... More...   $0 (02-21-2014 - ND)