Estoppel Law
 
UNITED STATES OF AMERICA v. ANDREW WAYNE HULEN

At the time of the events alleged in this case, Hulen was serving a five-year term of supervised release that followed twelve months of imprisonment for failure to register as a sex offender in violation of 18 U.S.C. § 2250(a). As a condition
UNITED STATES V. HULEN4 of his supervised release, Hulen was required to participate in sex-offender treatment.
Two months into his supervised relea... More...
   $0 (01-10-2018 - MT)

United States of America v. Everett B. Robinson Tenth Circuit Courthouse - Denver, Colorado

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...
   $0 (01-10-2018 - OK)

Tracey E. George, et al. v. Tre Hargett, et al. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-09-2018 - TN)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Cedric Greene v. Direct TV, Inc. Tenth Circuit Courthouse - Denver, Colorado

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...
   $0 (01-09-2018 - UT)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-29-2017 - CA)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-15-2017 - CA)

Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs... More...
   $0 (12-11-2017 - CA)

Michael Anthony Whitesell v. Bruce O. Burnham Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...
   $0 (12-10-2017 - UT)

United States of America, ex rel. Kenneth J. Conner v. Amrish K. Mahajan Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

After losing his job at Mutual Bank, Kenneth
Conner brought this qui tam action claiming that the defendants,
most of them directors or officers of the bank, had
defrauded the government in violation of the False Claims
2 No. 17‐1162
Act, 31 U.S.C. §§ 3729–3733. The United States declined to
take over the qui tam action, which Conner eventually settled.
But the Fe... More...
   $0 (12-05-2017 - IL)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

THE PEOPLE OF THE STATE OF NEW YORK v DUONE MORRISON State of New York Supreme Court, Appellate Division Third Judicial Department

In August 2007, defendant was charged by indictment with, among other crimes, attempted murder in the second degree based on the accusation that, with the intent to cause the death of the victim, defendant shot the victim in the head and body on June 10, 2007. Following a jury trial, defendant was convicted of attempted murder in the second degree and another crime, and that conviction was upheld... More...   $0 (12-03-2017 - NY)

Rose Anwar v. DOW Chemical Company, Meglobal International PZE; Ramesh Ramachandran Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Rose Anwar appeals the district court’s dismissal of her claims and argues that the district court erred in granting a motion to dismiss for lack of personal jurisdiction and a motion for summary judgment to Defendants-Appellees MEG
International and The Dow Chemical Company (“Dow”) respectively. Anwar also argues that
the district court erred in denying her request for additional discover... More...
   $0 (11-30-2017 - MI)

United States of America v. James Keith Beirle District of Wyoming Federal Courthouse - Cheyenne, Wyoming

In February 2014, James Keith Beierle was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his first sentencing
hearing, the district court reviewed Beierle’s criminal history from the 1980s, which
included state felony convictions for burglary, robbery, and possession of a weapon
by a prisoner. The court determined that these three c... More...
   $0 (11-30-2017 - WY)

Jennalyn Santos v. Los Angeles Unified School District

Appellants Jennalyn Santos and Douglas Morales were
driving northbound on Normandie Avenue in the City of Los
Angeles when a Los Angeles School Police Department (LASPD)
vehicle allegedly ran a red light and struck them. They were
transported to the hospital by ambulance, after being given a
card bearing the LASPD name, seal, address and website, and
the name of an LASPD of... More...
   $0 (11-30-2017 - CA)

COMMONWEALTH OF VIRGINIA v. GREGORY EDWARD LEONARD, II Supreme Court of Virginia

A grand jury indicted Leonard for driving under the influence, in violation of Code §
18.2-266, third or subsequent offense within five years, in connection with an accident that occurred on March 26, 2012. See Code § 18.2-270(C)(1).1 At a bench trial in the circuit court,

Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction ... More...
   $0 (11-28-2017 - IV)

Malissa Julian v. Glenair, Inc.

Appellant Glenair, Inc., challenges the denial of its motion to
compel arbitration of respondents’ claim under the Labor
Code Private Attorneys General Act of 2004 (PAGA; Lab.
Code, § 2698 et seq.). Glenair contends an agreement
respondents executed during their employment with the
company was an enforceable postdispute agreement
obligating them to arbitrate the claim. We h... More...
   $0 (11-28-2017 - CA)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

Cody Allen Waters v. The State of Texas Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

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