Estoppel Law
 
Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist... More...   $0 (08-23-2015 - TX)

Judicial Council v. Jacobs Facilities

JCC is the administrative agency of California’s judicial branch. In 2005, JCC issued a request for proposals (RFP) for the provision of maintenance and repair services to courthouses and other judicial branch buildings throughout Southern California. The successful respondent was Facilities, a wholly owned subsidiary of Jacobs, which is a publicly traded corporation.
JCC and Facilities e... More...
   $0 (08-21-2015 - CA)

MENARD, INC. and PRAETORIAN INSURANCE COMPANY vs. DALE SIMMER

In July 2003, Menards employed Simmer as a sales clerk and promoted
him to assistant manager and then to manager of his department. In his
positions at Menards, Simmer was often required to carry goods throughout the
store and to customers’ cars in the parking lot. He carried appliances, rolls of
carpet, buckets of paint, and other items. These loads sometimes reached up to ... More...
   $0 (08-19-2015 - IA)

Hi-Desert Medical Center v. Douglas

The federal Medicaid program provides financial assistance to states that offer medical treatment to needy persons. (Mission Hospital Regional Medical Center v. Shewry (2008) 168 Cal.App.4th 460, 469–470 (Mission I).) “California participates in the federal Medicaid program through the Medi-Cal program,” and the Department is the state agency authorized to administer the Medi-Cal program. (Id. ... More...   $0 (08-19-2015 - CA)

Needelman v. Dewolf Realty Co

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t... More...
   $0 (08-19-2015 - CA)

RSL Funding v. Alford

In 1994, defendant Felicia Alford, then a minor, by her guardians, settled a personal injury claim against certain insureds of defendant State Farm Fire. The settlement was approved by a court order that provided, “for the best interest of the minor . . . the proceeds of such settlement be paid and used in the manner hereinafter specifically provided.” Under the settlement, the payor, State Farm... More...   $0 (08-19-2015 - CA)

First Intercontinental Bank v. Christina Ahn

In this appeal, we apply California choice-of-law rules to
determine whether California law or Georgia law governs an
attorney’s fees dispute between Plaintiff-Appellant First
Intercontinental Bank (Bank) and Defendant-Appellee
Christina Ahn (Christina). We conclude that California law,
specifically California Civil Code § 1717(a), governs the
attorney’s fees dispute, and w... More...
   $0 (08-18-2015 - CA)

Ingrid Anderson v. City of Blue Ash

This appeal is the latest chapter in an ongoing dispute between Ingrid Anderson and the City of Blue Ash, Ohio, over whether Anderson can keep a miniature horse at her house as a service animal for her disabled minor daughter, C.A. C.A. suffers from a number of disabilities that affect her ability to walk and balance independently, and the horse enables her to play and get exercise in her backya... More...   $0 (08-15-2015 - )

Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty... More...
   $0 (08-15-2015 - CA)

First American Title Ins. Co. v. Spanish Inn


This is one of many appeals arising from litigation over the renovation of a hotel property in Palm Springs. In this appeal, the project's developers challenge the trial court's grant of summary adjudication in favor of the title insurer, which sought contractual indemnity from the developers for legal expenses incurred in defending the project's construction lender against mechanic's lien ... More...
   $0 (08-14-2015 - CA)

United States of America v. GSDMIDEA City, LLC

This appeal arises from a qui tam action brought by Johnny Ray Long against GSD&M Idea City, LLC1 for violations of the False Claims Act (FCA).2
1 Appellee refers to itself as “GSD&M Idea City, LLC,” the same entity name on file with the Delaware Department of State, however the CM/ECF caption in this case refers to the entity as “GSDMIdea City, L.L.C.” For case administration purposes, we use... More...
   $0 (08-14-2015 - )

United States of America v. Christopher Kim, aka Chris Kim, aka KH Kill, aka Kyung Joon Kim

fees against
the United States from the claimant to his attorney. However,
the Anti-Assignment Act goes no further. The Act does not
prevent an attorney from taking an interest in the fees that is
effective against the Government; it merely forbids an
assignment of the right to be paid directly from the United
States Treasury. We have jurisdiction under 28 U.S.C.
§ 1291... More...
   $0 (08-14-2015 - )

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
2
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

The People v. Amaya

Defendant was charged with witness intimidation (Pen. Code, § 136.1), with a gang allegation under Penal Code section 186.22, subdivision (b)(4). He was also charged with attempted extortion (Pen. Code, § 524), with a gang allegation under Penal Code section 186.22, subdivision (b)(1).
A jury found defendant not guilty of witness intimidation. However, it did find him guilty of attempted ex... More...
   $0 (08-12-2015 - CA)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...   $0 (08-11-2015 - DE)

Firestone Financial Corp. v. John R. Meyer

This case arises from a series of
loans made by Firestone Financial Corporation (“Firestone”)
to JHM Equipment Leasing Company (“JHM”). After JHM
defaulted on the loans, Firestone filed suit against JHM, John
R. Meyer (JHM’s owner), and two of Mr. Meyer’s other
companies to collect on the debt. The defendants filed an an‐
swer denying the allegations of breach, assert... More...
   $0 (08-10-2015 - IL)

Touher v. Town of Essex

This appeal arises from a series of disputes
between the seasonal residents of Conomo Point and the town of
Essex (town), which owns and rents them the land on which they
reside. Four sets of plaintiff residents filed a complaint
seeking a declaration that they owned the buildings they had
erected on the town's land. After a jury-waived trial, a
Superior Court judge... More...
   $0 (08-10-2015 - MA)

Barrie-Chivian v. Lepler

After the defendant admitted at trial that he orally agreed to guarantee a loan, a jury found him liable for nonpayment of that loan based on a theory of promissory estoppel. On appeal, the defendant argues that the plaintiffs' claim was barred by the Statute of Frauds. We affirm.
1 Noah Chivian.
2 Background.2 In 2003, several months after he and the plaintiff... More...
   $0 (08-09-2015 - MA)

Shell v. Henderson

Ms. Suzanne Shell sued Mr. Leonard Henderson and Ms. Brenda
Swallow for copyright infringement, unfair trade practices,
misappropriation of trade secrets, and breach of contract. Neither Mr.
Henderson nor Ms. Swallow appeared on the date set for trial. Thus, the
district court declined to proceed with the trial. Instead, the court
conducted a hearing under Fed. R. Civ. P. ... More...
   $0 (08-08-2015 - CO)

Grayson Hare, Jr. v. Shirley Simpson

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees conspired to ... More...   $0 (08-08-2015 - PA)

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

Bancinsure, Inc. v. Federal Deposit Insurance Corporation

This case presents the question whether claims by the FDIC as receiver
(FDIC-R) of Columbian Bank & Trust (Columbian) against three ex-directors of
Columbian are covered under a Directors and Officers Liability Insurance Policy
(the policy). Defendant-Appellants Carl McCaffree, Jimmy D. Helvey, and Sam
McCaffree (director-defendants) and the Federal Deposit Insurance CorporationMore...
   $0 (08-06-2015 - KS)

Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
I.
Because the District Court dismiss... More...
   $0 (08-05-2015 - PA)

Celtic Properties, L.C. v. Cleveland Regional Medical Center, L.P.

Appellant, Celtic Properties, L.C. (Celtic or appellant), the plaintiff in the proceeding below, appeals from an Order Granting Final Summary Judgment to Appellee, Cleveland Regional Medical Center, L.P. (CRMC or appellee), the defendant in the proceeding below.1 This case relates to a dispute between the
1Community Health Systems, Inc. and CHS/Community Health Systems, Inc. were also named as... More...
   $0 (07-31-2015 - TX)

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