Estoppel Law
 
United States of America v. Eddie Burroughs

Eddie Burroughs appeals the district court’s denial of his motion to suppress drug-related evidence police discovered in his home. District of Columbia police officers initially arrested Burroughs for carjacking. They searched Burroughs incident to the carjacking arrest and discovered evidence implicating him in a robbery. As part of their investigation of the robbery, officers searched Burroug... More...   $0 (01-21-2016 - DC)

State of Maine v. Harvey Austin Jr.

On January 21, 2014, two Maine game wardens summonsed Austin for
failing to label a tree stand pursuant to 12 M.R.S. § 10652(1)(B)(2), which
provides:
A person may not while hunting any wild animal or wild bird:
. . . .
(2) Except as provided in this paragraph, erect or use either a portable or permanent ladder or observation stand on the land of another person unless: ... More...
   $0 (01-19-2016 - ME)

The State of New Hampshire v. Oscar Grande

The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carrying a knife, entered the “Bremmer Street Food Mart” (Food Mart), in Manchester, and demanded money from the clerk. The
clerk did not give the men any money, but stated that he was going to call the police. The two men left the store, and the clerk called 911. When the police arrived, the cl... More...
   $0 (01-18-2016 - NH)

United States of America v. Jerry Harris

After accepting a plea agreement containing a broad appeal waiver,
Jeremy Harris pleaded guilty to one count of conspiracy to distribute marijuana in
violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court accepted his guilty
plea, but it deferred deciding whether to accept the plea agreement until after it saw
the presentence report. The court informed the parties th... More...
   $0 (01-14-2016 - KS)

United States of America v. James Robert Carlson

Carlson was the owner and operator of the Last Place on Earth (Last Place), a head shop in Duluth, Minnesota which sold synthetic drugs from 2010 until 2012. Both Haugen, Carlson's domestic partner, and Carlson's son Gellerman worked at the shop. As store clerks, Gellerman and Haugen received shipments of misbranded synthetic drugs from Last Place suppliers and sold such products to customers. H... More...   $0 (01-14-2016 - MN)

The State of New Hampshire v. Oscar Grande

Following a jury trial in Superior Court (Abramson, J.), the defendant, Oscar Grande, was convicted of armed robbery. See RSA 636:1 (2007). On appeal, he argues that his trial counsel was ineffective by failing to contest the admission of evidence concerning an uncharged robbery. We affirm. The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carryi... More...   $0 (01-12-2016 - NH)

Jeffrey S. Whitaker v. State of Tennessee

On November 10, 1994, the Petitioner pled guilty to eight counts of child rape in the Roane County Criminal Court, and the State agreed to dismiss the remaining eighteen counts involving child rape and aggravated sexual battery. See State v. Jeff Whitaker, No. 03C01-9509-CC-00256, 1996 WL 600375, at *1-2 (Tenn. Crim. App. Oct. 15, 1996), perm. app. denied (Tenn. Feb. 8, 1999). The written plea a... More...   $0 (01-09-2016 - TN)

Amanda Pearson v. State of Indiana

In 2012, Pearson was romantically involved and living with Jeremiah Kelley.
Their relationship was volatile and marked by drug use. In April 2012, Kelley,
his friend, Clifton Stone, and Pearson engaged in a series of residential
burglaries in Carroll, Cass, Howard, and Tipton Counties. In particular, on
April 4, 2012, the trio burglarized a home in Cass County. Pearson acte... More...
   $0 (01-08-2016 - IN)

State Of Nebraska v. Lavalleur

INTRODUCTION Curtis H. Lavalleur was previously acquitted of one count of first degree sexual assault and convicted of one count of attempted first degree sexual assault. This court reversed his conviction and remanded the cause for a new trial. The State then sought to file an amended information. Lavalleur’s plea in bar on double jeopardy grounds was denied. He appeals. We reverse.

... More...
   $0 (01-08-2016 - NE)

United States v. Davis

Defendant Chico Davis pled guilty to one count of distributing cocaine base
and one count of distributing 50 grams or more of a methamphetamine mixture, in
violation of 21 U.S.C. § 841(a)(1), and eight counts of being a felon in possession
of a firearm, in violation of 18 U.S.C. § 922(g)(1). Relying on Defendant’s serious
criminal history and the 93% purity of the methamphetamine ... More...
   $0 (01-07-2016 - KS)

People Of New York v. Aleynikov

The Defendant was charged in this case with one count of Unlawful Use Of Secret Scientific Material in violation of Penal Law § 165.07 for conduct which occurred on June 1, 2009 (Count 1), one count alleging a violation of the same statute with respect to conduct which occurred on June 5, 2009 (Count 2) and one count of Unlawful Duplication of Computer Related in the First Degree in violation of P... More...   $0 (01-03-2016 - NY)

Spencer v. State Of Alabama

"On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen wa... More...   $0 (01-02-2016 - AL)

Jane Doe 136 vs. Ralph Liebsch,

The question presented by this case is whether the district court abused its
discretion when it excluded evidence of an Alford plea entered during a previous criminal
proceeding regarding the same course of conduct from being considered in a subsequent
civil trial. The civil jury found respondent Ralph Liebsch not liable for sexual assault and
battery against appellant Jane Do... More...
   $0 (12-31-2015 - MN)

State Of Wisconsin v. Keith D. McEvoy

On January 30, 2015, McEvoy was arrested for allegedly operating a motor vehicle while under the influence of an intoxicant, fifth offense, in violation of WIS. STAT. § 346.63(1)(a). The arresting officer read McEvoy the “Informing the Accused” form as required under WIS. STAT. § 343.305(4) and asked McEvoy to submit to a chemical test of his blood. McEvoy refused. The officer obtained an invol... More...   $0 (12-30-2015 - WI)

Stevens v. McGuireWoods L.L.P.

Plaintiffs are former minority shareholders in Beeland Management LLC (Beeland). In 2005, plaintiffs hired the law firm of McGuireWoods LLP (McGuireWoods) to bring certain claims against Beeland’s managers, Tom Price and Alan Goodman, and against Beeland’s owner and majority shareholder, Jim Rogers. The gist of these claims was that Rogers, Price, and Goodman had misappropriated Beeland’s trademar... More...   $0 (12-29-2015 - IL)

Sandra Henley v. State Farm Mutual Automobile Insurance Company

While Henley was stopped at a traffic light on December 16, 2009, an automobile operated by Charles Barbour, Jr., struck the automobile operated by Henley ("the collision"). Henley claimed that she suffered damage as a result of the collision, including personal injuries and property damage. At the time of the collision, Henley had an automobileinsurance policy with State Farm that included underi... More...   $0 (12-27-2015 - AL)

Helen Allen, et al v. C & H Distributors, L.L.C.

Plaintiffs–Appellants Helen and Robert Allen filed a personal injury suit against Defendants for alleged workplace injuries to Helen Allen. Defendants moved for summary judgment, contending that the suit should be barred by judicial estoppel because the Allens failed to disclose the personal injury claim during their concurrent Chapter 13 bankruptcy proceeding. The district court granted the motio... More...   $0 (12-24-2015 - LA)

SIGA Technologies, Inc. v. PharmAthene

In 2004, SIGA acquired technology for ST-246, an antiviral drug for the treatment of smallpox. At that time, the viability, potential uses, safety, and efficacy of the drug, as well as the likelihood of SIGA obtaining regulatory approval or making sales to the government, were, as is typical in this industry, uncertain. By late 2005, SIGA was running out of money, its largest shareholder, MacAndr... More...   $0 (12-23-2015 - DE)

December Corp. v. Wild Meadows Home Owners Association, et al.

Plaintiff December Corporation (“December Corp.”) is a Pennsylvania corporation whose principal business is to manage and maintain housing communities.1 December Corp. manages the Wild Meadows manufactured housing community (“Wild Meadows”), which is an “active adult manufactured housing community”2 located in Dover, Delaware. Defendant Wild Meadows Home Owners Association (“WMHA”) is an incorpo... More...   $0 (12-23-2015 - DE)

IDC Properties, Inc., et al. v. Goat Island South Condominium Association, Inc., et al

The plaintiffs in this consolidated appeal, IDC Properties, Inc. (IDC) and Thomas Roos (Roos) (collectively, plaintiffs), appeal from an entry of summary judgment in favor of the defendants, Goat Island South Condominium Association, Inc. (GISCA), America Condominium Association, Inc. (America), Capella South Condominium Association, Inc. (Capella), Harbor Houses Condominium Association, Inc. (Ha... More...   $0 (12-20-2015 - RI)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖)
for a limited purpose. After raising money from investors, the Partnership would
purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial
public offering. Preferably once Facebook had completed a successful IPO, the
Partnership would distribute to its inve... More...
   $0 (12-20-2015 - DE)

State Farm Mutual Automobile Insurance Company vs. Angela Mary Lennartson

The two cases before us in this consolidated appeal involve a dispute over the
obligation of an insurer to pay no-fault medical-expense or income-loss benefits after the
same expenses or losses were recovered in a tort action. We consider two questions:
(1)_whether the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn.
Stat. §§ 65B.41-.71 (2014), bars an insured... More...
   $0 (12-16-2015 - MN)

United States of America v. Carlos Franco

Carlos Franco pleaded guilty to federal firearm charges under a plea
agreement that allowed him to appeal the district court’s denial of his motion to
suppress evidence. Because Franco waived the sole argument he presents on
appeal, we affirm the district court’s denial of the suppression motion.
In the early morning hours of June 5, 2013, a Chaves County deputy sheriff
initia... More...
   $0 (12-13-2015 - NM)

Avery Place, LLC, et al v. Highways, Inc.

Plaintiffs Bettye Vaden and Avery Place, LLC (collectively ―Avery‖),2 who were developing a residential subdivision in Putnam County, entered into a contract with Highways, Inc. (―Highways‖), a road contractor, in September 2003 to pave the roads in the subdivision for the total cost of $46,000. The paving was to be done in two phases, the first being a layer of base and b... More...   $0 (12-12-2015 - TN)

GRANITE BUICK v. RAY

Adam Ray began his employment with Granite Buick in 2005. At the
time, Granite Buick was known as McKie Buick GMC Pontiac, Inc., and it was part
of the “McKie Automotive Group” (McKie Group) that included McKie Ford
(formerly McKie Ford Lincoln Mercury, Inc.). Therefore, Ray worked for both
Granite Buick and McKie Ford until the McKie Group split in 2012, at which time
R... More...
   $0 (12-11-2015 - SD)

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