Mandamus Law
 
Chad Barnes v. Sea Hawaii Rafting, L.L.C. Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the ancient maritime remedy of maintenance and cure,1 among other relief, Barnes su... More...   $0 (03-29-2018 - HI)

Covina Residents for Responsible Development v. City of Covina, City Ventures, Inc. Real Parties in Interest

In this CEQA1 action Covina Residents for Responsible
Development (CRRD) appeals from the trial court’s denial of its
petition for writ of mandate seeking to overturn the City of
Covina’s approval of a 68-unit, mixed-use, infill project2 located a
quarter-mile from the Covina Metrolink commuter rail station.
CRRD contends the project’s significant parking impacts required
t... More...
   $0 (03-22-2018 - CA)

Matthew C. McGlynn v. State of California

In this mandamus proceeding, six judges who were elected to the superior court in
mid-term elections in 2012, but who did not take office until January 7, 2013, maintain
they are entitled to benefits under the Judges’ Retirement System II (JRS II)1
as in effect
at the time they were elected, rather than at the time they assumed office. This is a matter
of considerable importanc... More...
   $0 (03-21-2018 - CA)

AO Alpha-Bank v. Oleg Nikolaevich Yakovlev

Plaintiff AO Alpha Bank (Alpha Bank) initiated this lawsuit pursuant to the
Uniform Foreign-Country Money Judgments Act (Recognition Act; Code Civ. Proc.,
§§ 1713–1725)1 to recognize a Russian judgment against defendant Oleg Nikolaevich
Yakovlev. Yakovlev moved for summary judgment, arguing the judgment could not be
recognized because (1) the Russian court lacked personal jurisdict... More...
   $0 (03-12-2018 - CA)

Mark A. Brown v. California Unemployment Insurance Appeals Board

The question in this case is a narrow one, involving the correct rate of interest to
be applied after a court determines that unemployment benefits have been wrongfully
withheld by the Employment Development Department (EDD) and the California
Unemployment Insurance Appeals Board (Board). Appellant Mark Brown (Brown)
argues that interest should be charged at the contract rate of 10... More...
   $0 (03-01-2018 - CA)

Carol Sue Campbell; Chris Rene Wilson, et al. v. Boston Scientific Corporation Southern District of West Virginia Federal Courthouse - Charleston, West Virginia

This case involves a consolidated trial of four products liability cases that are each part of a multidistrict litigation encompassing over twenty-five thousand total cases. The jury returned verdicts for the plaintiffs, awarding over $4 million to each. Defendant Boston Scientific Corporation asserts that the consolidation itself rendered the trial unfair, disputes two evidentiary rulings, claims... More...   $0 (02-14-2018 - WV)

Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Victoria G. Collins v. Commissioner of Social Security Northern District of Ohio Courthouse - Cleveland, Ohio

Victoria Collin brought suit against the Commissioner of
Social Security to recover moneys she says are “due and owing” as a result of the
Commissioner’s failure, for about a year, to garnish certain benefits paid to her ex-husband. The
district court dismissed the suit on grounds of sovereign immunity. We affirm.
>
No. 17-3733 Collin v. Comm’r of Soc. Sec. Page 2
Collin di... More...
   $0 (01-31-2018 - OH)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

Thoams Lippman v. City of Oakland

Lippman owns rental property in the City. In 2009 and 2010, the City’s Building
Services Department (Building Services) cited Lippman for blight and substandard living
conditions on the property. He disputed the citations and eventually sought
administrative review.
In April and June 2012, a hearing officer appointed by Building Services heard
Lippman’s appeals. The hearing off... More...
   $0 (01-22-2018 - CA)

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)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

State of Florida v. Peter Avsenew Broward County Courthouse - Fort Lauderdale, Florida

Fort Lauderdale, FL - Jury Recommends Defendant for Convicted Killer

The State of Florida charged Peter Avsenew, age 33, with capital murder for killing Kevin Power and Stephen Adams.

The victims took the Defendant into their home in 2010 and paid for it with their lives.

The Defendant reportedly said that he had no regrets for killing the victims.

12/23/2010 1 ... More...
   $0 (01-12-2018 - FL)

Los Angeles Conservancy v. City of West Hollywood, Charles Company, Real Parties in Interest

Los Angeles Conservancy (Conservancy) petitioned
the superior court for a writ of mandate to compel the City of
West Hollywood (the City) to set aside the City’s approval of a real
estate development project known as “the Melrose Triangle” project.
The Conservancy argues that the environmental impact report
(EIR) was flawed in its analysis of alternatives to the project, theMore...
   $0 (12-22-2017 - CA)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

Creed-21 v. City of Wildomar, Wal-Mart Real Estate Business Trust, Real Party in Interest

Plaintiff and Appellant Creed-21 appeals from the dismissal of its petition for writ
of mandate and complaint for declaratory and injunctive relief under the California
Environmental Quality Act (Petition). The trial court imposed an issue sanction on
standing, which terminated the action, for the misuse of the discovery process in response
to a motion for sanctions pursuant to Cod... More...
   $0 (12-19-2017 - 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)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

James R. Zeleny v. State of Nebraska Nebraska Supreme Court

Zeleny was charged by information in the county court
with operating a motor vehicle “while under the influence of
alcoholic liquor or . . . when he had a concentration of eighthundredths
of one gram or more by weight of alcohol per two
hundred ten liters of his breath.” That charge was enhanced
with the allegation that Zeleny’s alcohol level was “fifteen
hundredths of one ... More...
   $0 (12-06-2017 - NE)

Ruder M. Calderon-Ramirez v. James W. McCament Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Ruder Calderon-Ramirez, a native and
citizen of Guatemala, filed a petition for U Nonimmigrant
Status on February 5, 2015. Due to a significant backlog,
Ramirez is waiting to be evaluated for the waiting list. On
August 15, 2016, he filed a petition for writ of mandamus in the
Northern District of Illinois requesting that the district court
compel Leon Rodriguez, Director o... More...
   $0 (12-05-2017 - IL)

City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c... More...
   $0 (11-28-2017 - CA)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

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