Eminent Domain Law
 
The City of Enid, Oklahoma v. D&D Premier Properties, LLC

The City of Enid, Oklahoma sued D&D Premier Properties, LLC, et al. on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by D&D for public purposes alleging:

I.

That the Plaintiff, City of Enid, Oklahoma, a municipal corporation is organized and exists under and by virtue of the Constitution and Statutes of the State of Oklahoma... More...
   $1 (07-11-2013 - OK)

City of Broken Arrow, Oklahoma v. Shawn M. Whistler

City of Broken Arrow, Oklahoma sued Shawn M. Whistler and others on eminent domain theories claiming:

1. The Plaintiff is a Municipal Corporation duly organized and existing under the laws of the State of Oklahoma with its situs of government located in Tulsa County, Oklahoma.

2. The Defendants own or otherwise claim some interest in certain real property gtera1ly located at north of... More...
   $0 (07-08-2013 - OK)

United States of America v. Norman Washington Berry

What started as a routine inspection of Norman Washington Berry’s commercial tractor-trailer at a New Mexico port of entry eventually revealed boxes of marijuana nestled in with his load of cantaloupe. A jury convicted Berry of possession with intent to distribute 100 kilograms or more of marijuana. He complains about a “permissive inference” instruction given to the jury and claims the evid... More...   $0 (06-26-2013 - NM)

Shelby County, Alabama v. Eric H. Holder, Jr.

The Voting Rights Act of 1965 employed extraordinarymeasures to address an extraordinary problem. Section 5 of the Act required States to obtain federal permissionbefore enacting any law related to voting—a drastic departure from basic principles of federalism. And §4 of the Actapplied that requirement only to some States—an equally dramatic departure from the principle that all States enjoy ... More...   $0 (06-25-2013 - DC)

Adair County Board of County Commissioners v. Rex Alan Starr

Adair County Board of County Commissioners sued Rex Alan Starr and Julie Starr on eminent domain theories claiming:

1. This action is instituted in the name of the County of Adair, State of Oklahoma, ex rel. Adair County Commissioners, as authorized by and in accordance with 69 Okla. Stat. 1991 §1331 and Section 1203.

2. That the address of the Defendant is as follows: Route 5, Box ... More...
   $0 (06-19-2013 - OK)

Stella Hall v. The Ohio Bell Telephone Company

Stella Hall appeals a district court’s grant of summary judgment in favor of her former
employer, The Ohio Bell Telephone Company. Hall alleges that she was terminated from Ohio Bell
in retaliation for taking medical leave under the Family Medical Leave Act. For the following
reasons, we affirm the district court.
I. BACKGROUND
From 2001 to 2010, Hall worked for Ohio Bell as ... More...
   $0 (06-17-2013 - OH)

Association for Molecular Pathology v. Myriad Genetics, Inc.

Respondent Myriad Genetics, Inc. (Myriad), discovered the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery. This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is ... More...   $0 (06-13-2013 - )

Hawkeye Land Company v. City of Coralville, Iowa

Hawkeye Land Company (Hawkeye) appeals from the district court ruling denying its application for a permanent injunction.1 Hawkeye seeks to prevent the city of Coralville, Iowa (Coralville) from constructing a street extension over railroad tracks in which Hawkeye claims an interest, and argues the district court erred in denying its application for injunction. Because we find that Hawkeye has an ... More...   $0 (06-12-2013 - IA)

Martinez Construction v. Cesar Ceballos

Cesar Ceballos was awarded workers’ compensation benefits after falling from a roof while at work. His former employer, Martinez Construction, appeals from the commissioner’s award of benefits, arguing the commissioner improperly interpreted Iowa law to award benefits solely on lay testimony regarding causation. The employer also contends the commissioner violated a valid agency rule in taxing... More...   $0 (06-12-2013 - IA)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's ... More...   $0 (06-04-2013 - OK)

United States of America v. Liberty Reserve, et al.

Press Release
United States District Court for the Southern District of New York (New York County)
New York, New York
May 28, 2013

Today, we strike a severe blow against a professional money laundering enterprise charged with laundering over $6 billion in criminal proceeds. As charged in the indictment unsealed today, Liberty Reserve was a financial hub for cybercriminals, Po... More...
   $0 (05-29-2013 - NY)

Dawn Guidotti v. Legal Helpers Debt Resolution, L.L.C. d/k/a The Law Firm of Macey, Aleman, Hyslip and Searns

Dawn Guidotti contracted with several parties to help her negotiate a settlement of her consumer debt. When no settlement materialized, she filed this putative class action against them, claiming that she, and people like her, had been defrauded. The United States District Court for the District of New Jersey granted a motion to compel arbitration as to the claims against most of the defendants, b... More...   $0 (05-28-2013 - NJ)

Alan Clukey and Dera Clukey v. Town of Camden

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg... More...   $0 (05-21-2013 - ME)

Estate of John A. Herman v. Overhead Door Company of Des Moines, Inc.

After John Herman’s death, the Estate of John Herman was substituted as the appellant in the instant action. The Estate appeals a district court decision upholding the workers’ compensation commissioner’s denial of benefits for Herman’s right foot injury. Because we find the commissioner’s outright rejection of uncontroverted medical opinions is not supported by substantial evidence when... More...   $0 (05-16-2013 - IA)

Thomas Lee Goldstein v. City of Long Beach

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles.

We thus reverse the district court’s grant of the motion for judgment on the pleading... More...
   $0 (05-13-2013 - CA)

United States of America v. Stephen Graham-Wright

Stephen Graham-Wright challenges the procedural and substantive reasonableness of his sentence, complaining in particular about the district court’s consideration of statements he made to a psychiatrist during a pretrial competency examination and of the psychiatrist’s diagnosis that he was a pedophile. We must affirm.

1

No. 12-1660 United States v. Graham-Wright Page 2

I.... More...
   $0 (05-07-2013 - MI)

United States of America v. Wen Chyu Liu

Appellant, Wen Chyu Liu, also known as David W. Liou (“Liou”), challenges his conviction for conspiracy to steal trade secrets and perjury. The principal issue on appeal concerns the propriety of the court’s ruling excluding the testimony of defendant’s engineering expert. We conclude that the district court erred in excluding the testimony but that the error did not affect the outcome of ... More...   $0 (05-06-2013 - LA)

City of Tulsa v. Pamela Kay Hunt

1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of government and is authorized by its charter and the statutes of the State of Oklahoma to acquire, take, appropriate, and condemn private property for public purposes whenever such may become necessary for public convenience ... More...   $95000 (05-05-2013 - OK)

James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w... More...
   $0 (05-02-2013 - TX)

City of Moorhead v. Red River Valley Cooperative Power Association

We are presented here with issues arising out of the expansion of the City of Moorhead and the decision of the City to provide municipal electrical service to recently annexed territory. The City annexed Americana Estates, a residential subdivision with 65 metered electric service accounts. The City then filed a condemnation petition to begin municipal electric service to residents of Americana Es... More...   $0 (05-02-2013 - MN)

DCP Southern Hills Pipeline, LLC v. Liberty Run Pet Resort, LLC

DCP Southern Hills Pipeline, LLC sued Liberty Run Pet Resort, LLC on an eminent domain theory claiming:

1. Plaintiff is a Delaware limited liability company, duly registered with the Oklahoma Secretary of State and authorized to do business in the State of Oklahoma.

2. Plaintiff is engaged in business as a pipeline company.

3. Plaintiff filed an acceptance with the Oklahoma Co... More...
   $0 (04-30-2013 - OK)

City of Boulder v. Barry Barnow

The City of Boulder sued Barry Barnow on an eminent domain theory seeking to acquire by condemnation his right to access the Boulder Municipal Airport from his nearby property. Barnow claimed the right to access the airport from his property with his airplane by virtue of a 2006 "through the fence" agreement with the City.

The City offered Barnow $10,000 to his access rights, which he r... More...
   $259500 (04-27-2013 - CO)

The City of Oklahoma City v. Russell James Walker

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 and its authorized Charter. Okla. Const. Art. 2, Sec. 24.

2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condenm private property for public purposes ... More...
   $0 (04-18-2013 - OK)

ONEOK Sterling III Pipeline, LLC v. Blue Ribbon Construction, LLC

1. Plaintiff is an Oklahoma limited liability company and is authorized to conduct business in the State of Oklahoma. Plaintiff is engaged in business as a pipeliae company. By virtue of the public nature of its business, and the Constitution and statutes of the State of Oklahoma, specifically OKLA. STAT. tit. 52 § 1 et seq., Plaintiff is authorized to exercise the right of eminent domain in furt... More...   $0 (04-18-2013 - PK)

Cyril B. Tawa v. Glenn P. Gentry

This is an interlocutory appeal from the denial of appellants’ motions to dismiss under Chapter 74 of the Texas Civil Practice and Remedies Code. We reverse the trial court’s order denying appellants Angela Rowan’s and Houston

2

Interventional Cardiology’s motion to dismiss (as it relates to care provided by Rowan) and remand to the trial court for assessment of attorneys’ ... More...
   $0 (04-18-2013 - TX)

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