Estoppel Law
 
SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B... More...
   $0 (09-15-2017 - CA)

Jennifer Heglund v. City of Grand Rapids United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Jennifer Heglund and her husband Jamie Heglund sued numerous Minnesota
cities and counties, state officials, and hundreds of John and Jane Does, alleging that
police officers had improperly accessed their private information in the State’s
driver’s license database. The Heglunds later amended their complaint to replace one
of the John Does with Frank Scherf, the former Grand Rapids... More...
   $0 (09-08-2017 - MN)

United States of America v. Larry L. Masino and Dixie L. Masino Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

We must decide whether an indictment that alleges that a business was in violation of the Florida bingo and gambling house statutes, Fla. Stat. §§ 849.01, 849.02, 849.03, 849.0931, sufficiently alleges one of the essential elements needed to obtain a conviction under the federal gambling statute: that the business “is a violation of” state law, 18 U.S.C. § 1955(b)(1)(i). Larry Masino and his ex-wi... More...   $0 (09-07-2017 - FL)

United States of America v. Jane E. O'Brien Federal Courthouse - Boston, Massachusetts

Jane E. O'Brien, a professional
investment adviser, engaged in a long-running scheme to defraud
several of her clients -- mostly elderly women who relied on her
financial advice and friendship -- out of their life savings. This
scheme was eventually uncovered, and she pled guilty -- in two
separate cases -- to securities fraud, investment adviser fraud,
wire fraud, a... More...
   $0 (09-02-2017 - MA)

United States of America v. Paul David Mitchell, II United States Court of Appeals - Denver, Colorado

After entering into a plea agreement that included an appeal waiver, Paul
David Mitchell, II, pleaded guilty to bank robbery, interference with interstate
commerce, and firearm offenses. Although the parties agreed to a 28-year sentence,
Mitchell acknowledged in the agreement that he waived the right to appeal any
sentence below the statutory maximum. The district court sent... More...
   $0 (08-30-2017 - )

BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special... More...
   $0 (08-28-2017 - OK)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

Josh Norris v. Karry Causey Fifth Circuit Court of Appeals - New Orleans, Louisiana

This is yet another case that has its roots in the devastation Hurricane Katrina wreaked on New Orleans. Resilient as the city is, it swiftly began to rebuild. That effort presented attractive opportunities for investors and developers looking to turn a profit. This case involves one such opportunity that went sour.
This lawsuit that followed resulted in a bench trial. One of the defendants ap... More...
   $0 (08-22-2017 - LA)

Dennis Ponte v. County of Calaveras

Plaintiff Dennis Ponte is asking defendant County of Calaveras (County) to pay
him over $150,000 to reimburse him for work purportedly performed on the County’s
behalf pursuant to an oral contract. The contract did not contain any fixed payment, and
no bid was submitted--far less approved--pursuant to relevant county ordinances
governing public contracts. Ponte disregarded opportun... More...
   $0 (08-18-2017 - CA)

GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Fund v. Coleridge Fine Arts; Jelnike Limited

Plaintiffs GCIU-Employer Retirement Fund and the Board of Trustees of
the GCIU-Employer Retirement Fund (collectively the “Fund”) appeal from the
dismissal of their action against Defendants, Coleridge Fine Arts (“Coleridge”)
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
h... More...
   $0 (08-17-2017 - KS)

Vivian De Los Milagros Castellat v. Gisela Lissette Pereira Mimai-Dade County Courthouse - Miami, Florida

This case involves an area of law – regarding how advances in reproductive
technology impact the definition of the modern family – which is struggling to
catch up with and reflect the rapid changes taking place in society. In this case, a
same-sex couple arranged to have a child together. When the couple separated, the
birth mother blocked all contact between the child and the form... More...
   $0 (08-16-2017 - FL)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Mutnomah County Sheriff's Office v. Rod Edwads

ORS 408.230(2)(c) requires a public employer to
“devise and apply methods” of giving veterans and disabled
veterans “special consideration” in the employer’s hiring
process when that hiring process does not rank applicants
by means of a score. The issue in this case is whether the
Multnomah County Sheriff’s Office (county) complied with
that requirement when it failed to pr... More...
   $0 (08-10-2017 - Or)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

United States of America v. Matthew Yazzie

In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. § 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. § 3... More...
   $0 (08-09-2017 - NM)

Jeffrey Weinman v. James Ware Kelley, III

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m... More...
   $0 (08-09-2017 - CO)

United States of America v. Alonzo Williamson

Two months after his release from prison, Alonzo Williamson was accused
of violating the terms of his supervised release. After two hearings, the district
court revoked Williamson’s supervised release and imposed additional jail time
followed by another term of supervised release. On appeal, Williamson
challenges the revocation, arguing the government presented insufficient evidenc... More...
   $0 (08-09-2017 - NM)

United States of America v. Jeffrey Charles Zander

Jeffrey Zander appeals from the district court’s amended judgment correcting
his sentence after our previous remand. Exercising jurisdiction under 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742(a), we again reverse and remand for resentencing, but
affirm the district court’s refusal to consider certain sentencing issues that lie beyond
the scope of our prior mandate.
* After examining t... More...
   $0 (08-08-2017 - UT)

Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol... More...
   $0 (08-08-2017 - TX)

Robert Holmes v. Craig Cassel

Appellant Robert Holmes appeals from the trial court’s grant of summary judgment in favor of appellee Craig Cassel. This suit began as a condemnation suit against Holmes, Cassel, and others regarding a tract of land in Houston. Proceeds from the condemnation sale were deposited into the registry of the court. Holmes
2
and Cassel filed cross-claims against each other, with each arguing that... More...
   $0 (08-08-2017 - TX)

Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P... More...
   $0 (08-08-2017 - CA)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

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