Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist... More...   $0 (07-30-2015 - CO)

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio... More...   $0 (07-30-2015 - OK)

LSREF2 Apex (TX) II, LLC (Apex) appeals the trial court’s no-evidence summary
judgment in favor of Gregory Blomquist and Daniel Davids. In two issues, Apex argues the trial
court erred in striking its summary judgment evidence and entering summary judgment in favor
of Blomquist and Davids. We affirm the trial court’s orders granting Blomquist’s and Davids’
motions for summary judgm... More...   $0 (07-29-2015 - TX)

Albuquerque, NM - Tenth Circuit dismisses appeal from it fell within the scope of the appeal waiver contained in plea agreement

This matter is before the court on the government’s motion to dismiss
defendant Terry Lynn Little, II’s appeal because it falls within the scope of the
appeal waiver contained in his Plea Agreement. We grant the government’s motion
and dismiss the app... More...   $0 (07-29-2015 - OK)

Tulsa, OK - The Tenth Circuit Court of appeals affirmed in part and reversed in part an order of restitution on a Theft From Gaming Establishment on Indian Lands

Defendant Nam Quoc Le pleaded guilty to a single count of Theft From Gaming
Establishments on Indian Lands, in violation of 18 U.S.C. §1167, based on a cheating
scheme that ran from at least January 14, 2013, to February ... More...   $0 (07-29-2015 - OK)

Denver, CO - The Tenth Circuit interprets pension fund documents to prohibit more than one type of pension benefit

Joseph Martinez was a long-term participant in the Plumbers and Pipefitters
National Pension Plan, a multiemployer defined benefit pension plan governed by
the Employee Retirement Income Security Act. Following some health problems,
Martinez retired from plumbing ... More...   $0 (07-29-2015 - CO)

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot 10. Lot 10 se... More...   $0 (07-24-2015 - NE)

Breen and Black divorced in late 2008. Breen received primary custody of the couple’s four daughters, subject to Black’s liberal visitation rights. He was to pay support and provide medical insurance for the girls, and he was also to pay any deductibles required by the insurance policy. The decree required Breen and Black to split any medical costs remainingafter deductibles were paid and the i... More...   $0 (07-24-2015 - WY)

We are asked to determine whether res judicata or collateral estoppel bars
respondent’s workers’ compensation claim. The compensation judge concluded that the
claim was barred, but the Workers’ Compensation Court of Appeals (“WCCA”) reversed.
We agree that res judicata does not apply, but because we conclude that whether
collateral estoppel bars respondent’s claim depends on ... More...   $0 (07-22-2015 - )

1. J.J. is placed in Marshall's Care
J.J. was born on November 22, 2003. Within days of his birth, the trial court
declared J.J. a dependent of the court and the Agency placed him with Marshall.
In June 2004, Marshall informed the Agency that she wanted to adopt J.J.
Throughout his placement with Marshall, respondent Noreen Harmelink, the
primary social worker assigned ... More...   $0 (07-22-2015 - CA)

This is the second appeal arising from a dispute between Frost Bank and Yigal Bosch regarding several defaulted business loans. We dismissed Bosch’s first appeal because there was no final judgment in the case at that time. Bosch v. Frost Nat’l Bank, No. 01-13-00190-CV, 2013 WL 1932138 (Tex. App.—Houston
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[1st Dist.] May 9, 2013, no pet.) (mem. op.). The trial court has since issued a fin... More...   $0 (07-21-2015 - TX)

Appellant Roland Fannin, as dependent administrator of the estate of his deceased mother, Joyce Fereday, and Shannon Sanders, Joyce’s daughter, appeal
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the trial court’s final judgment in a probate action declaring, among other things, that three assets are the separate property of Appellee Thomas Fereday, Joyce’s surviving husband. Because the parties stipulated that one of these assets ... More...   $0 (07-21-2015 - TX)

Montgomery, AL - Peggy Jones as administrator of the Estate and Personal Representative of the of Christy Down Varden, sued the City of Canton under 42 U.S.C. 1983 claiming that the bail bonding practices and policies of the City of Canton, Alabama violated her 14th and 8th Amendment rights under the United States Constitution.

Court Docket:

01/15/2015 1 Inmate 1983 COMPLAINT a... More...   $0 (07-20-2015 - AL)

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha... More...   $0 (07-17-2015 - ND)

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca... More...   $0 (07-16-2015 - MA)

This case involves a dispute over a road located on real property owned
by David and Roxie Niemi in Fredlund Township, Perkins County, South Dakota.
For the last 100 years, the road has been referred to as the “Lewton Road.” The
Lewton family homesteaded the area and used to live at a residence at the end of
the road, commonly known as the “Lewton Place.” It was reported tha... More...   $0 (07-16-2015 - )

After an incident involving his then-deputy coroner, Grant
County Coroner Jerry Lee Jasman pleaded guilty to disorderly conduct and resigned
from office. By statute, Jasman's conviction prohibited him from holding public
office again. RCW 9.92.120. However, the new Grant County coroner, Craig
Morrison, quickly hired Jasman as chief deputy coroner and chief investigator. In thi... More...   $0 (07-16-2015 - )

Robert Carlton Orndoff appeals the trial court’s order clarifying the divorce decree from his and Terri Italian’s second marriage. Orndoff argues (1) the trial court erred in finding the December 2005 order was a nullity; (2) the trial court erred by granting a “clarification” of a prior unambiguous order; (3) the trial court erred in ordering arrearages because Italian is estopped from obtaining ... More...   $0 (07-15-2015 - TX)

This appeal and cross-appeal arise from two orders. In the first order, the trial court dismissed the underlying cause for failure to file an expert report pursuant to section 74.351 of the Texas Civil Practice and Remedies Code (“Code”). The first order stated that the amount of attorney’s fees and costs of court to be awarded would be reset for a future hearing. In the second order, which incorp... More...   $0 (07-15-2015 - TX)

Beaver, OK - Fitzgerald Farms, LLC sued Chesapeake Operating Company, LLC on a class action breach of contract theory claiming that Chesapeake improperly charged marketing, compression and other mid-stream production costs against payments due to royalty owners due under oil and gas leases. The 116,000 plaintiffs claimed $313 million in breach of contract damages between January 1, 2014 and Januar... More...   $118000000 (07-15-2015 - OK)

Appellee, Vantage Drilling Company (“Vantage”), sued appellant, Hsin-
Chi-Su aka Nobu Su (“Su”), seeking, inter alia, to recover Vantage shares held by
Su’s wholly-owned affiliate, F3 Capital, on the ground the stock was acquired via
Su’s fraud and breach of fiduciary duties. The trial court signed a temporary
injunction precluding Su from disposing of, or otherwise encumbering, th... More...   $0 (07-14-2015 - TX)

We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued in separate actions. Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The court reasoned that a breach of contr... More...   $0 (07-13-2015 - )

Virginia M. Poindexter appeals the district court’s grant of summary judgment to Mercedes-Benz Credit Corporation (“MBCC”) on her claims arising from MBCC’s failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district court’s judgment.
I.
In April 2001, Poindexter purchased an Audi sedan... More...   $0 (07-10-2015 - VA)

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
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associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...   $0 (07-08-2015 - )