In 2004, Robert and Cheri Knorr purchased a lot and constructed a home on Lake Audubon in McLean County. According to the Knorrs, the home was built to accommodate Cheri Knorr's Parkinson's disease and was intended to be their retirement home. When the real estate market declined, the Knorrs say they were forced to mortgage the lake property as well as some of their other property to stay current... More...   $0 (12-08-2015 - ND)

Blume received a notice of determination from Job Service dated November 8, 2013, informing Blume that it would be assigned a penalty tax rate for unemployment insurance. The notice stated the agency conducted an audit and concluded there was a transfer of ownership and payroll between Blume and another company that was knowingly done to obtain a lower tax rate for unemployment insurance. The noti... More...   $0 (12-08-2015 - ND)

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate... More...   $0 (12-01-2015 - DE)

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (�Phoenix�) and Brad Boone (�Boone�), collectively (�Defenda... More...   $0 (11-30-2015 - OK)

In these consolidated appeals, the Court considers whether the jury instructions were erroneous and, if so, whether that error requires a new trial. These consolidated appeals arise from an incident in which three armed men forced their way into the apartment in which Christopher Jones resided with his nieces, Tiara Parker and Lakesha Bella, and his nieces' friends, Shontae Lewis and Latanya Carte... More...   $0 (11-29-2015 - NJ)

During the years at issue, the Martens operated a retail store and sold tangible
personal property to customers in Indiana. (See Pet’rs’ V. Pet. Judicial Review Final
Determination [Department] (“Pet’rs’ V. Pet.”), Attach. Final Order Denying Refund at 2.)
Between July and October of 2008, the Martens remitted, in five separate payments,
$162,529.11 in sales tax to the Depart... More...   $0 (11-29-2015 - IN)

In this appeal arising out of a declaratory judgment action,
Defendant/Third-Party Plaintiff/Appellant Montello, Inc. appeals from a final
judgment in favor of various insurers including Plaintiff-Appellee Canal
Insurance Co., Third-Party Defendants/Appellees Continental Casualty Co.,
Houston General Insurance Co., and Scottsdale Insurance Co. Our jurisdiction
arises under 28 U... More...   $0 (11-27-2015 - OK)

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E... More...   $0 (11-26-2015 - TN)

Although procedurally this case involves an appeal from one administrative proceeding, the case implicates two distinct tax issues. For ease of reading, we separately describe the facts related to each.
1. Use Tax Assessed on Parts and Materials used by Midwest for CarMath and M&C Leasing Railcars
[¶3.] Midwest Railcar Repair, Inc. is owned by Greg Carmon and is in the
business... More...   $0 (11-25-2015 - SD)

The parties to this case (or their predecessors) developed the Mall in the early 1970s.
The Mall is not a singular property, but rather a confederation of separately owned tracts
that are integrated and governed according to a Construction, Operation and Reciprocal
Easement Agreement (“COREA”). The COREA has been modified three times, and the
operative version, the aptly named... More...   $0 (11-22-2015 - MD)

In 2014, this Court vacated Kenneth Dale Thomason Jr.’s (Ken)
conviction of aggravated theft by deception. State v. Thomason, 2014 S.D. 18, 845
N.W.2d 640. We held that the State failed to prove all the elements of the offense.
Id. ¶ 30. After we vacated his conviction, the State charged Ken with two counts of
forgery in violation of SDCL 22-39-36 and SDCL 22-3-3 (aid and a... More...   $0 (11-19-2015 - SD)

Norman, OK - Tonieta Benson v. Norman Regional Hospital Authority on a medical negligence (medical malpractice) theory claiming:

1. The Norman Regional Hospital Authority is a public trust operating the Norman Regional Hospital in Norman, Oklahoma.
2. The Plaintiff is in actual or substantial compliance with the Governmental Tort Claims Act and this Petition is timely filed. A claim w... More...   $0 (11-17-2015 - OK)

Same sex couple planned to have a child and co-parent. Upon the termination of their relationship and following almost ten years of co-parenting, the biological mother denied plaintiff's status as a parent and sought to end all interaction between plaintiff and child. Couple did not have a written agreement regarding parenting. Plaintiff petitioned the District Court in Oklahoma County seeking a d... More...   $0 (11-17-2015 - OK)

Before the Court is the joint motion of Defendants Deere & Company ("Deere"), Garmin
International, Inc. ("Garmin"), Trimble Navigation Limited ("Trimble"), and The U.S. GPS
Industry Council ("USGIC," and collectively, "Defendants") to dismiss two related actions
brought against them by LightSquared, Inc. ("LightSquared"), a mobile telecommunications
company currently in Chapte... More...   $0 (11-17-2015 - NY)

Appellants Mark and D’Nella Sherbet appeal from the trial court’s judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the right ... More...   $0 (11-16-2015 - TX)

The Court assumes familiarity with its prior
Conditional Approval Order. Briefly restated, the SEC
filed an Amended Complaint dated March 15, 2013 (the
"Amended Complaint"), which alleged that CR Intrinsic
participated in an insider trading scheme that caused hedge
fund portfolios managed by CR Intrinsic and S.A.C. Capital
Advisors, LLC to generate approximately $275 ... More...   $0 (11-15-2015 - NY)

Son was born on January 6, 2009, and Mother (who has never been married to
Father) named him “Kaio Henrique Stockmann Kreyhsig.” Father does not dispute
paternity, but the parties do dispute the extent to which Mother has included Father in Son’s
upbringing. Mother alleges that Father “took no part” in Son’s life for a year after he was
born. Father claims that Mother did not t... More...   $0 (11-11-2015 - MD)

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellant’s counterclaims, which the trial court granted. The trial court later signed a De... More...   $0 (11-10-2015 - TX)

The primary issue presented in this appeal is the proper application of mootness principles. In particular,
we first must decide whether a legal challenge to a permitting process for a wind turbine is mooted by a conservation
restriction precluding the construction of the wind turbine. If so, we then must decide the status of the unreviewed town committee, regional commission, and cour... More...   $0 (11-09-2015 - MA)

This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence on the McGinnitys' claims of failure to maintain insurance and failure... More...   $0 (11-09-2015 - OK)

Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees"2 that were not calculated to reimburse Hendrick ... More...   $0 (11-06-2015 - SC)

In January 1945, Frank Luther obtained the northeast quarter of a section of land in Haskell County (the northeast quarter), which was subject to an existing lease for the production of oil and gas. Shortly thereafter, in April 1945, Luther sold the 160-acre tract to E.W. Rahenkamp. In his deed to Rahenkamp, Luther reserved a one-half interest in the mineral rights for a period of 20 years "or as ... More...   $0 (11-04-2015 - KS)

In a single issue in this interlocutory appeal, husband and wife John Leonard Markl (John) and Debra Kay Markl (Debra)2 contend the trial court erred by denying their request for a temporary injunction.3 We affirm the trial court’s order denying a temporary injunction.
Background
John and Debra brought suit against Ethel Maudette Leake, alleging causes of action for breach of fiduciary dut... More...   $0 (11-02-2015 - TX)

William P. Aubin worked as a construction supervisor for his father’s
company between 1972 and 1974, overseeing construction of the residential
development Desoto Lakes in Sarasota, Florida. While at work on the construction
site, Aubin was exposed to and inhaled respirable dust created by the sanding and
sweeping of drywall joint compounds and spraying of ceiling texture spra... More...   $0 (11-01-2015 - FL)

Tulsa, OK - Jerome Cha sued 357 Incorporated d/b/a Reco Enterprises ADBA Reco Construction Co.,Phillips Slaughter Rose, Inc., Paul M. Rose, Danny R. Mitchell Architect, P.C., Danny R. Mitchell, Tulsa Tie Scaping, Inc.,Belongia Consultants, Inc., David L. Belongia, Chandler Materials Company, Bill Martin, Bebee Engineering and Ron Bebee on breach of contract, professional negligence, breach of impl... More...   $0 (10-29-2015 - OK)