Laches Law
William Baxter v. California State Teachers' Retirement System

Eleven retired teachers (Teachers) who had been employed in the Salinas Unified
High School District (District), disputed attempts by appellant California State Teachers’
Retirement System (CalSTRS) to recoup retirement benefit overpayments. The
overpayments were the result of a years-long miscalculation by the District of the
monthly retirement benefits to which the Teachers were ... More...
   $0 (01-21-2018 - CA)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Badrudin Kurwa v. Mark B. Kislinger

After the trial court dismissed some of plaintiff’s claims with prejudice, the
parties agreed to dismiss their remaining claims against one another without
prejudice and to waive the applicable statutes of limitations. The evident purpose
of this maneuver was to permit plaintiff to appeal the trial court’s partial order of
dismissal. The plan hit a speed bump, however, when this co... More...
   $0 (12-26-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Baltazar Salzar Salazar and Walter Salazar Pest Control v. Hometeam Pest Defense, Inc. f/k/a Rollins HT, Inc. Lee County Courthouse - Fort Myers, Florida

Baltazar Salazar, a former pest control technician with Hometeam Pest Defense, Inc., appeals the trial court's nonfinal order granting Hometeam's motion for temporary injunction. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B). We
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reverse and remand for the trial court to enter an order consistent with the requirements of Florida Rule of Civil Procedure 1.610.
Background... More...
   $0 (11-20-2017 - FL)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

United States of America v. Osage Wind, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This case presents the question whether a large-scale excavation project—
which involved the excavation, modification, and use of rock and soil during the
installation of wind turbines—constituted “mining” under the pertinent federal
regulations that address mineral development on Indian land. When an entity
engages in “mining” of minerals owned by the Osage Nation, a federally app... More...
   $0 (09-19-2017 - OK)

California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation

The California Correctional Peace Officers Association (the Association) brought
a grievance on behalf of correctional officer Sammie Gardner, alleging a violation of his
rights under the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) (38 U.S.C. §§ 4301 et seq.). The grievance proceeded through the four-step
process set forth in the memorandum of underst... More...
   $0 (09-09-2017 - CA)

Miguel Medina Pastenes v. The State of Texas Third Court of Appeals, Austin, Texas Public lewdness

Pastenes’s application seeking habeas relief came more than 17 years after his
conviction. Despite completing two years of community supervision, Pastenes now contends that
he is suffering the consequences of his plea of guilty and that his liberty is restrained because he is
subject to removal from the United States.
Pastenes’s application states that he is a citizen of Mexico, t... More...
   $0 (07-16-2017 - TX)

Penobscot Nation v. JANET T. MILLS, Attorney General for the State of Maine The Penobscot Nation

This litigation began shortly after the Maine Warden
Service and the Maine Department of Inland Fisheries and Wildlife
requested a legal opinion from Maine's then-Attorney General
William Schneider "regarding the respective regulatory
jurisdictions of the . . . Nation and the State of Maine . . .
relating to hunting and fishing on the [M]ain [S]tem of the
Penobscot Ri... More...
   $0 (07-07-2017 - ME)

Penobscot Nation v. Janet T. Mills, et al.

The Penobscot Nation (the
"Nation") filed suit in federal court against the State of Maine
and various state officials (the "State Defendants"), claiming
rights as to a 60-mile stretch of the Penobscot River, commonly
known as the "Main Stem." The United States intervened in support
of the Nation. Private interests, towns, and other political
entities, whom we shall call th... More...
   $0 (07-05-2017 - ME)


On April 24, 2014, the State filed burglary and criminal damage charges against Lomon in Morris County District Court. At that time, Lomon was in KDOC custody at HCF. Lomon became aware of the pending charges and submitted a written request to file a 180-day writ with his Unit Team at HCF. HCF officials did not send Lomon's request to the Morris County Attorney or district court.

When H... More...
   $0 (05-04-2017 - KS)

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

Nautilus, Inc. v. Chao Chen Yang

Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More...
   $0 (04-22-2017 - )

Citizens For Beach Rights v. City of San Diego

In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP)
to construct a new lifeguard station on Mission Beach. The SDP stated that failure to
utilize the permit within 36 months of its issuance would automatically void the permit.
Over the ensuing years, the City worked to secure a permit from the California Coastal
Commission (Commission) and to obtai... More...
   $0 (04-21-2017 - )


In March 2013, Guthrie was convicted of a felony and two misdemeanors in Miami County. He was sentenced to 12 months in prison for the felony and 12 months in jail for the misdemeanors, with the sentences to be served consecutively, but was granted probation. About 1 year later, Guthrie was charged in Johnson County with driving under the influence of alcohol and driving while a habitual violator.... More...   $0 (04-03-2017 - KS)


Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t... More...   $0 (03-28-2017 - NJ)

Elness Swenson Graham Architects, Inc.; Cross-Appellants, RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC // Cross-Appellee, Elness Swenson Graham Architects, Inc.

Appellant Elness Swenson Graham Architects, Inc. (Elness) appeals from a final
judgment in favor of appellees RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ
Lodging Fund II Acquisitions, LLC (collectively, RLJ). RLJ also filed a cross-appeal against Elness.
Elness raises five issues on appeal, challenging RLJ’s right to bring suit for breach of contract, the
trial... More...
   $0 (03-08-2017 - )

James D. Robertson v. State of South Carolina

On March 26, 1999, Petitioner was convicted and sentenced to death for the 1997 murder of his parents, armed robbery, and financial transaction card fraud. Over the course of the next four years, Petitioner filed a direct appeal through appointed counsel, moved to relieve appointed appellate counsel, and filed a pro se appeal to this Court on July 25, 2003. Ultimately, following a judicial determ... More...   $0 (12-16-2016 - SC)

Myrtle Robinson, et al. v. Edward Todd Robbins, MD

On July 27, 2007, Myrtle Robinson and Willette Jeffries, (collectively “Plaintiffs”) filed a pro se complaint against Edward Todd Robbins, M.D. (“Defendant”) for the care and treatment received by Fannie Oliver Zinn (“Decedent”). Plaintiffs identified Defendant as “Edward Todd Robbins, MD, PC” but further described him as follows:

Defendant, Edward Todd Robbins, MD, PC (hereinafter “Dr... More...
   $0 (10-20-2016 - TN)


The issue presented in this appeal is whether the trial court erred in assessing points for “penetration” in calculating appellant’s sentencing guideline scoresheet, after revoking probation. In this case appellant pled to charges that alleged, in the alternative, elements of union or penetration, and the nature of the charges did not require proof of penetration. We find the inclusion of points... More...   $0 (10-07-2016 - FL)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of
law exist to resolve disputes so that both sides might move on with their lives.
Yet here we are, forty years in, issuing our seventh opinion in the Ute line and
still addressing the same arguments we have addressed so many times before.
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Thirty years ago, this court decided all boundary disputes bet... More...
   $0 (08-30-2016 - UT)

Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t... More...
   $0 (08-17-2016 - RI)

Ex parte Jaime Vasquez

On May 28, 1996, Vasquez was charged with the felony offenses of
aggravated sexual assault of a child under 14 years of age and indecency with a child
by contact.1 Pursuant to a plea agreement, the State abandoned the aggravated sexual
assault charge. Vasquez pleaded guilty to the offense of indecency with a child by
contact. On March 14, 1997, in accordance with the plea agree... More...
   $0 (08-07-2016 - TX)


This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

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