Estoppel Law
 
Mitchell J. Stein v. Axis Insurance Company

In 2007, Heart Tronics, Inc., a medical device company,
purchased directors and officers liability insurance policies from
AXIS Insurance Company (AXIS) and Houston Casualty
Company (HCC). The AXIS policy has been exhausted.
Under the HCC policy, HCC agreed to pay defense
expenses incurred by Heart Tronics’s officers and directors, and
individuals serving in functionally eq... More...
   $0 (04-07-2017 - )

Kevin Wethherilt v. Patrick H. Moore

¶1 This lawsuit arises from a crash landing on January 28, 2011,
during the flight of an experimental kit aircraft—a RANS S-6ES—from
Sedona to Buckeye, Arizona. The plane was piloted by Kevin Wetherilt,
who was the only person onboard the plane at the time of the crash, and
owned by Patten Harvey (collectively, “Plaintiffs”). The aircraft’s elevator
control bracket assembly app... More...
   $0 (04-06-2017 - AZ)

Carl D. Eckhardt v. Darnell Nestra

Carl Eckhardt appeals the trial court’s summary judgment awarding his sister, Darnell Nesrsta, damages on her conversion claim. Eckhardt argues he raised a fact issue as to his affirmative defense of quasi-estoppel and conclusively established Nesrsta’s claim is barred by the statute of limitations. We reverse and remand for further proceedings.
BACKGROUND
When Eckhardt and Nesrsta’s fathe... More...
   $0 (04-06-2017 - TX)

NAVAJO NATION, A FEDERALLY RECOGNIZED INDIAN TRIBE, NAVAJO NATION DEPARTMENT OF JUSTICE v. UNITED STATES DEPARTMENT OF THE INTERIOR

Congress enacted the Indian Self-Determination and Education Assistance Act (“ISDEAA”) to help Indian tribes assume responsibility for programs or services that a federal agency would otherwise provide to the tribes’ members. 25 U.S.C. §§ 5301 et seq. The transfer of authority from the Department of the Interior (“DOI”) to a tribe is memorialized in a “self-determination contract.” The ISDEAA i... More...   $0 (04-04-2017 - DC)

Donel Huntsberry v. The State of Texas

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Appellant, a convicted felon, shot his uncle in the chest with a pistol during a
domestic altercation. Appellant fled the scene and was arr... More...
   $0 (03-30-2017 - TX)

Bruce Hitt v. Frank Zarauskas d/b/a Boondocks Bar & Grill

This is an appeal from an order denying a motion for new trial following a post-answer
default judgment. Because the defendant presented uncontroverted proof entitling him to relief, we
must reverse.
BACKGROUND
Appellant Bruce Hitt is a real-estate broker and investor who, at relevant times,
owned a San Angelo restaurant then known as the “Stillwater Bar & Grill.”1 In 2013, Hit... More...
   $0 (03-29-2017 - TX)

Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and
stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the
motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex
Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex
Automobile Recovery, Inc.; ... More...
   $0 (03-29-2017 - TX)

KANSAS CITY POWER & LIGHT CO. v. THE UNITED STATES

Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t... More...   $0 (03-28-2017 - NJ)

William Compton, et al. v. Houston Casualty Company

¶ 1 This case requires us to determine the scope of the “covered profession” clause of a “Professional Liability Errors & Omissions Insurance” policy (Policy). Houston Casualty Company (Houston Casualty) issued the Policy to Utah County Real Estate, LLC (Prudential), a real estate brokerage. While working as a real estate agent for Prudential, Robert Seegmiller approached the plaintiffs in this ac... More...   $0 (03-23-2017 - UT)

Sergey Efremov v. Geosteering, L.L.C.

Plaintiff/appellee GeoSteering LLC sued defendant/appellant Sergey Efremov seeking a temporary restraining order, a temporary injunction, a permanent injunction, and damages. The trial court entered a temporary injunction in GeoSteering’s favor, and Efremov brought this interlocutory appeal.
2
BACKGROUND
The service of “geosteering” involves monitoring drilling operations using real-ti... More...
   $0 (03-15-2017 - TX)

JON-DAVID BARNHILL v. BRW EXPRESS, et al. and ALLIED WASTE, INC. and AMERICAN HOME ASSURANCE CO

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Barnhill was driving a truck for Allied Waste Services when he came upon a collision blocking his ... More...
   $0 (03-11-2017 - KS)

Maria Flores and Mitzie Tarin v. Elizar Benavides and Belinda Benvides

Appellants, Maria Flores and Mitzie Tarin, appeal from an order in which the
trial court granted summary judgment in favor of Appellees, Elizar Benavides and
Belinda Benavides. We affirm.
1The parties have been before this court previously in Tarin v. Benavides, No. 11-11-00258-CV,
2014 WL 357771, at *1 (Tex. App.—Eastland Jan. 30, 2014, pet. denied) (mem. op.).
2
In a sing... More...
   $0 (03-09-2017 - TX)

United States of America v. Deric Lostutter

Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents

A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.

U.S. ... More...
   $0 (03-08-2017 - KY)

TRK, LLC d/b/a Timber Ridge Townhouse Apartments, B&B Management Group, LLC and Tara Burnside v. Vivian Myles, Individually and on Behalf of all Wrongful Death Beneficiaries of Enrique L. Myles, Deceased and/or L.J.W., a Minor, by and through Her Mother and Next Friend, Janna Warnsley

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Vivian Myles—who is Enrique L. Myles’s mother, and who believed she was his sole
heir—filed this wrongful-death lawsu... More...
   $0 (03-07-2017 - MS)

U.S. Specialty Insurance Company v. Estate of John Charles Earley, Jr.

John Earley, Jr. was the named insured on an aircraft insurance contract (the
Policy) with U.S. Specialty Insurance Company (U.S. Specialty). Earley and Michael
Schlarb died during an instructional flight when an aircraft listed in the Policy crashed
shortly after takeoff. U.S. Specialty sought a declaratory judgment that the Policy doesn’t
cover any potential claims arising from t... More...
   $0 (03-05-2017 - CO)

Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac... More...   $0 (03-03-2017 - TX)

CARLOS ERNESTO MEDINAVELASQUEZ v. JEFF SESSIONS, United States Attorney General Illegal Immigration MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa

I. INTRODUCTION
Carlos Medina-Velasquez, a native and citizen of Honduras, petitions for
review of an order by the Board of Immigration Appeals (“BIA”). The BIA
affirmed an Immigration Judge’s (“IJ”) decision to deny Medina-Velasquez’s
*
In accordance with Fed. R. App. P. 43(c)(2), Jeff Sessions is substituted
for Loretta E. Lynch as the respondent in this action.
**Thi... More...
   $0 (03-03-2017 - )

UNITED STATES OF AMERICA v. DERRICK ANTHONY SANDOVAL MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

Derrick Sandoval was convicted of various drug crimes. He contends the
district court made a number of errors that undermined the fairness of his trial.
Because he did not object at the time, we review most of his arguments for plain
error. In sum, we conclude the district court did not plainly err in (1) allowing
opinion testimony from the detectives who investigated the drug ring... More...
   $0 (03-02-2017 - )

Jack Brockway v. Allstate Property and Casualty Insurance Company

This case involves an insurance dispute between
plaintiffs and defendant, Allstate Property and Casualty
Insurance Company (Allstate). After a theft at their home,
plaintiffs filed claims with Allstate, their insurance carrier,
under two policies. More than two years after the loss,
Allstate denied coverage for the loss and plaintiffs brought
an action against Allstate rela... More...
   $0 (03-01-2017 - OR)

deNourie & Yost Homes, LLC v. Joe Frost and Amy Frost and Security State Bank

We address a second appeal from an action by a contractor
seeking damages arising out of its construction of a house.
Following our remand, the district court determined that the
election of remedies doctrine and judicial estoppel required a
dismissal of the contractor’s claims. Because the claims were
consistently premised on the existence of a contract, no election
was re... More...
   $0 (02-28-2017 - )

William Michael Nicholson and Joan Nicholason v. Coeur D'Alene Placer Mining Corporation and IFG Timber, L.L.C.

EISMANN, Justice.
This is an appeal out of Shoshone County from a judgment: (a) denying recovery on an alleged oral promise to grant the Plaintiffs a right of first refusal with respect to a parcel of real property they were leasing, (b) denying recovery on an alleged oral promise to purchase the Plaintiffs’ buildings that were located on that property, and (c) finding that the Plaintiffs were... More...
   $0 (02-24-2017 - ID)

The Right Reverend Charles G. Vonrosenberg v. The Right Reverend Mark J. Lawrence

This dispute between two clergymen — each claiming to be the Bishop of The
Protestant Episcopal Church in the Diocese of South Carolina — comes to us a second
time. Bishop Charles G. vonRosenberg initiated this action, seeking declaratory and
injunctive relief. He alleges that Bishop Mark J. Lawrence has violated the Lanham Act
by falsely advertising himself to be the Bishop of the... More...
   $0 (02-22-2017 - SC)

Gerald H. Phipps, Inc. v. Travelers Property Casualty Company of America, Inc.

After water damaged a building it was renovating, Gerald H. Phipps, Inc.,
d/b/a GH Phipps Construction Company, (“GHP”) sought coverage under its
builders’ risk insurance policy. GHP’s insurer, Travelers Property Casualty Company
of America (“Travelers”), denied the claim, and GHP sued for breach of contract,
common law bad faith, and statutory bad faith. GHP also sought a declarat... More...
   $0 (02-17-2017 - CO)

Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join... More...
   $0 (02-16-2017 - TX)

Damian A. Laber v. State of Oklahoma ex rel. Board of Regents of the University of Oklahoma College of Medicine, et al. MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-3993

Tulsa, OK - Damian A. Laber sued the State of Oklahoma, ex rel. Board of Regents of the University of Oklahoma, d/b/a University of Oklahoma College of Medicine and the State of Oklahoma on breach of contract theories claiming to have been damaged as a result of said allege breach.

Issue # 1. Issue: BREACH OF CONTRACT (CONTRACT)
Filed By: LABER, DAMIAN
Filed Date: 07/31/2013
... More...
   $87500 (02-16-2017 - OK)

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