Estoppel Law
 
Darwin and Jean Krenz v. XTO Energy, Inc.

[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipel... More...   $0 (02-16-2017 - ND)

Ellena Arredondo v. The State of Texas

Appellant was driving on the Southwest Freeway in Houston in the middle of the night on February 28, 2015. She hit a guardrail, moved back into her lane, changed lanes twice without signaling, and almost hit the guardrail again. Officer M. Francois of the Houston Police Department pulled her over. She showed signs of intoxication, including slurred speech, red glassy eyes, a strong odor of alcohol... More...   $0 (02-15-2017 - TX)

SUNDUS SALEH V. GEORGE BUSH

Plaintiff Sundus Shaker Saleh sues several individuals who served as high-ranking officials in the administration of President George W. Bush. Plaintiff claims that the former officials conspired to engage in, and did engage in, a war of aggression against Iraq and that, in doing so, they violated the “law of nations” within the meaning of the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The di... More...   $0 (02-13-2017 - CA)

Sudus Shaker Saleh v. George W. Bush, et al.

Plaintiff Sundus Shaker Saleh sues several individuals
who served as high-ranking officials in the administration of
President George W. Bush. Plaintiff claims that the former
officials conspired to engage in, and did engage in, a war of
aggression against Iraq and that, in doing so, they violated the
“law of nations” within the meaning of the Alien Tort Statute
(“ATS”), 28... More...
   $0 (02-12-2017 - CA)

David Knigge v. B & L Food Stores, Inc. and Estate of Robert Allen Knigge

[¶1.] David Knigge entered into an oral employment contract with his brother, Robert Knigge, to manage a grocery store that was owned by Robert and his wife Lynette. David entered into the contract in part because Robert had cancer and a limited time to live. The contract allegedly included a severance payment to David if Lynette desired to end David’s employment after Robert’s death. Robert died ... More...   $0 (02-01-2017 - SD)

UNITED STATES OF AMERICA v. SHERAD THERRIEN

On June 19, 2014, a federal grand jury sitting in the
District of Massachusetts issued an indictment charging Therrien
with five counts of distribution of cocaine or cocaine base in
violation of 21 U.S.C. § 841(a) and one count of being a felon in
possession of a firearm and ammunition in violation of 18 U.S.C.


- 3 -
§ 922(g)(1). Before trial, Therrien fil... More...
   $0 (01-27-2017 - MA)

Geralyn Gallagher v. Best Western Cottontree Inc. and Snake River Petersen Properties, LLC

This is an appeal from the district court’s order granting summary judgment and dismissing Geralyn Gallagher’s (Gallagher) lawsuit against the Best Western Cottontree Inn (the Hotel) and Snake River Peterson Properties LLC (Snake River). The district court held that the amended complaint did not relate back to the date of the original filing and that the statute of limitations was not tolled by Sn... More...   $0 (01-19-2017 - ID)

STATE OF MONTANA v. LEVI STARK

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Levi Stark app... More...
   $0 (01-18-2017 - MT)

GREGORY BARTKO v. SECURITIES AND EXCHANGE COMMISSION

Between 2004 and 2005, Gregory Bartko masterminded a wide-ranging scheme that sought to defraud investors through the sale of securities. Five years later, Bartko was convicted of conspiracy, selling unregistered securities and mail fraud. Shortly thereafter, the United States Securities and Exchange Commission (SEC or Commission) instituted a follow-on administrative proceeding against him. In th... More...   $0 (01-17-2017 - DC)

  STATE OF IOWA vs. PATRICK JOHN LETSCHER

On August 28, 2013, the Forest City Police Department took Patrick Letscher and another person into custody and filed a complaint accusing them of stealing a pickup truck. A magistrate set bail at $2000, cash only. Two days later, Letscher posted the bail with the clerk of court. He also signed a form entitled, “APPEARANCE BOND - WAIVER OF ARRAIGNMENT – AUTHORIZATION OF PLEAS OF GUILTY,” ostens... More...   $0 (12-31-2016 - IA)

KEITH LUMRY v. STATE OF KANSAS, KANSAS BUREAU OF INVESTIGATION, CLINT HAWKINS, KELLY RALSTON, and ROBERT BLECHA

Due to the procedural posture, all facts and inferences that may be reasonably drawn from the evidence are resolved in Lumry's favor because the district court decided this case against him on summary judgment. Thoroughbred Assocs. v. Kansas City Royalty Co., 297 Kan. 1193, 1204, 308 P.3d 1238 (2013); O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 330, 277 P.3d 1062 (2012). Our f... More...   $0 (12-27-2016 - KS)

Lindy Grace Cunningham and Michael Chad Cunningham v. Jackson Hole Mountain Resort Corporation

Lindy and Chad Cunningham sued Jackson Hole Mountain Resort Corporation
(JHMR)1 for injuries Mrs. Cunningham sustained when she collided with a trail sign
while skiing. The district court granted summary judgment for JHMR, concluding the
Cunninghams’ claims were barred by the terms of a release Mrs. Cunningham signed
* This order and judgment is not binding precedent, except under ... More...
   $0 (12-23-2016 - WY)

Charles T. Hartley v. State of Tennessee

The petitioner was originally indicted for rape of a child, a Class A felony, in Anderson County, Tennessee on August 1, 2006. The petitioner was also indicted for
- 2 -

rape of a child involving the same victim, but a separate incident in Roane County, Tennessee on June 18, 2007. On August 21, 2008, the petitioner entered an Alford or “best interest” plea to a reduced charge of ... More...
   $0 (12-15-2016 - TN)

PARKVIEW ADVENTIST MEDICAL CENTER, Appellant, v. UNITED STATES OF AMERICA, on behalf of the Department of Health and Human Services, Centers for Medicare & Medicaid Services

This is an important case resting at the intersection of the Bankruptcy Code and Medicare law. It
concerns the efforts of the Parkview Adventist Medical Center ("Parkview") in Brunswick, Maine, which filed for bankruptcy on June 16, 2015, to use the Bankruptcy Code to challenge the actions of appellee United States, through the Centers for Medicare & Medicaid Services ("CMS"), in terminating... More...
   $0 (11-29-2016 - ME)

Kenneth W. Kee v. State of Indiana

In February 2015, Devan Philpott (“Philpott”) was arrested for possession of
methamphetamine by the Clarksville Police Department. Philpott asked to
become a confidential informant, and he was released from custody. On
February 23, 2015, he was interviewed by Indiana State Police Detective Barry
Brown (“Detective Brown”). Philpott identified Kee as his dealer, and
Detectiv... More...
   $0 (11-18-2016 - IN)

United Food v. Wal-Mart Stores Inc.

This case is a continuation of litigation that has been ongoing between these parties
both in Arkansas and across the nation. UFCW is a national labor organization. OUR
Walmart is a subsidiary of UFCW; it is an association of current and former Walmart
employees (“associates”) and their supporters whose purpose is, in part, to help associates on
issues related to their employ... More...
   $0 (11-17-2016 - AR)

STATE OF LOUISIANA V. WILLIAM CHESTER FARRY JR.AKA WILLIAM CHESTER FARRY

In May 2009, someone entered James Fodrie’s (Mr. Fodrie) home armed with a baseball bat. The robber took fifteen dollars ($15.00), a gun, and a coin bag containing mostly German coins and currency.
The trial was held six years later in June 2015.
That same night, prior to the robbery, Mr. Fodrie, ran into Bridgette Bass Schwarz (Ms. Schwarz) at a bar called “Detour” that he often frequente... More...
   $0 (11-17-2016 - LA)

State of Tennessee v. Kevin Dean Atkins Case No - M2016-01636-CCA-R9-CD

On January 21, 2014, the Defendant was indicted for driving under the influence (“DUI”) and DUI per se. See T.C.A. § 55-10-401(1), (2). On November 24, 2014, the -2- Defendant appeared before the trial court on the DUI charges and a violation of probation charge. Defense counsel announced that the Defendant agreed to waive the hearing on the violation of probation, serve ten days in jail on... More...   $0 (11-05-2016 - TN)

  VIRGIL JOHNSON and VIRGIL JOHNSON TRUCKING vs. ASSOCIATED MILK PRODUCERS, INC.

The record establishes the following facts as undisputed. On September 1, 2000, Associated Milk Producers, Inc. (AMPI) entered into an oral agreement with Virgil Johnson, the sole proprietor of Virgil Johnson Trucking. AMPI is a cooperative of dairy farmers that receives milk produced by its members, processes the milk into butter and cheese, and sells the dairy products. AMPI contracts with in... More...   $0 (10-19-2016 - IA)

STATE OF KANSAS v. CHARLES D. DAVIS, JR.

The evidence, viewed in the light most favorable to the State, establishes the following facts. On the evening of June 9, 2014, Davis' father contacted the Hutchinson Police Department and asked them to send officers to his home to arrest Davis, who was living with his father at the time. Davis' father told the police his son broke the television again and put a hole in the wall by throwing the ba... More...   $0 (10-18-2016 - KS)

COMMONWEALTH vs. MICHAEL FERREIRA

The issue in this case concerns the proper
application of the doctrine of collateral estoppel, as embodied
in the double jeopardy clause of the Fifth Amendment to the
United States Constitution and in Massachusetts statutes and
common law. See Ashe v. Swenson, 397 U.S. 436 (1970);
Commonwealth v. Benson, 389 Mass. 473 (1983). See also G. L.

In 2011, nearly for... More...
   $0 (10-15-2016 - MA)

IDA ENGINEERING, INC V. PBK ARCHITECTS, INC

In 2008, PBK and IDA entered into two contracts for IDA to perform engineering-design
and construction-administration services on a building for the Waco Independent School District.
The contracts were in the form of letter agreements on IDA’s letterhead addressed to PBK. The
contracts set forth the total fee that would be charged for the services ($840,000 on one contract
an... More...
   $0 (10-12-2016 - TX)

STATE OF KANSAS V. SONY UK

The State appeals the district court's grant of immunity given to Sony Uk and the dismissal of attempted voluntary manslaughter or, alternatively, aggravated battery charges against him. Upon our review, we reverse the grant of immunity and dismissal of the charges and remand for the refiling of the complaint and for further proceedings.

On April 7, 2015, Uk was charged in Lyon County D... More...
   $0 (10-11-2016 - KS)

Todd Steckelberg v. Nebraska State Patrol

Steckelberg is employed by the State Patrol as a trooper.
He was an applicant for a lateral transfer to the position of
Executive Protection Trooper. Interviews were conducted on
March 26, 2015. Another applicant was awarded the position.
On April 5, 2015, Steckelberg requested that he be permitted
to review his score sheets and the comments and recommendations
from the hir... More...
   $0 (09-23-2016 - NE)

Armstrong v. Bromley Quarry & Asphalt, Inc.

This is a civil trespass and conversion case in which plaintiffs seek monetary damages for the unauthorized subsurface mining of 855,500 tons of limestone. Bromley Quarry & Asphalt, Inc., admits it extracted some rock but disputes the extent of its liability. We must decide: (1) if the statute of limitations began to run because the conversion was reasonably ascertainable by the plaintiffs more ... More...   $0 (09-09-2016 - KS)

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