Mandamus Law
 
The Ninetieth Minnesota State Senate, et al. vs. Mark B. Dayton,  in his official capacity as Governor of the State of Minnesota Minnesota Gov. Mark Dayton

On May 25, 2017, the Ninetieth Minnesota State Senate and the Ninetieth Minnesota
State House of Representatives (collectively, the Legislature) each adjourned sine die,
ending the special session that began on May 23, 2017. On May 30, 2017, the Governor
vetoed line-item appropriations to the Legislature for its biennial budget. The Legislature
commenced this action, contendi... More...
   $0 (11-23-2017 - MN)

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 (11-22-2017 - CA)

Joshua Brenner v. American Education Services Eighth Circuit Courthouse - St. Louis, Missouri

Joshua Seth Brenner sued American Education Services (AES), allegingviolations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Brenner appeals the district court’s adverse grant of summary judgment. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
Reviewing the record de novo in the light most favorable to the non moving
party, this court concludes that summar... More...
   $0 (11-21-2017 - MO)

State of Oklahoma v. Shannon James Kepler Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - At The End Of A Four Trial - Jury Convicts Ex-Cop of Manslaughter

The State of Oklahoma charged Shannon James Kepler, age 57, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WI... More...
   $0 (11-21-2017 - OK)

Mary Anna Whitehall v. County of San Bernardino San Bernardino County Courthouse - San Bernardino, California

Plaintiff, Mary Anna Whitehall, was a social worker for the San Bernardino
County Children and Family Services (CFS or the County) who sought legal advice
pertaining to any liability she might have for submitting misleading information and
doctored photographs to the juvenile court at the direction of her superiors. Her counsel
2
prepared a filing for the juvenile court to app... More...
   $0 (11-19-2017 - CA)

West Virginia Lottery v. A-1 Amusement, Inc. Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

Robert Matheny v. Gregory Scolapio Supreme Court of Appeals - Charleston, West Virginia

The petitioner herein and plaintiff below, Robert Matheny,1 Sheriff of Harrison County (“Sheriff Matheny” or “the Sheriff”), appeals from an order entered August 9, 2016, by the Circuit Court of Harrison County. By that order, the circuit court granted mandamus relief to the respondent herein and defendant below, Lieutenant Gregory Scolapio (“Lieutenant Scolapio”), finding that he was entitled to ... More...   $0 (11-09-2017 - WV)

San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego

At issue here is a municipal ordinance, which authorized the issuance of bonds to
be used to refinance the defendants' obligations with respect to construction of a baseball
2
park. We find plaintiff taxpayers have standing under Government Code1 section 1092
to challenge the ordinance on the grounds participants in the proposed transaction
violated the conflict of interest pr... More...
   $0 (11-09-2017 - CA)

Johnny White v. Jerry Bob Lancaster, Lancaster Jr. Rentals, LLC Grady County Courthouse - Chickasha, Oklahoma

Grady County, OK - Jury Awards Plaintiff $8.5 Million On Wrongful Death Claims

Johnny White sued Jerry Bob Lancaster, Lancaster Jr. Rentals, LLC on a wrongful death neligence theory claiming that he daughter Kylie Andrews died in a house fire in a rental house located in Joy, Oklahoma. Plaintiff claimed that the defendants failed to property maintain the property and, as a direct result,... More...
   $8500000 (11-07-2017 - OK)

SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis

Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More...   $0 (11-05-2017 - TX)

Sierra Club v. State ex rel. Oklahoma Tax Commission Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The question presented is whether H.B. 14491 is a revenue bill and thus in violation of Article V, Section 33 of the Oklahoma Constitution. We answer in the affirmative.

I. FACTUAL AND PROCEDURAL HISTORY

¶2 H.B. 1449 creates the Motor Fuels Tax Fee for electric-drive and hybrid-drive vehicles, of $100 and $30 per year respectively, and directs that the money from the fees be d... More...
   $0 (10-24-2017 - OK)

Protect Telegraph Hill v. City and County of San Francisco

The City and County of San Francisco (the City) approved construction of a threeunit
condominium project proposed by real parties in interest Jeremy Ricks, Tracy
Kirkham and Joe Cooper on Telegraph Hill at 115 Telegraph Boulevard. Appellant
Protect Telegraph Hill argues that the approval was unlawful because an Environmental
Impact Report (EIR) for the project should have been prep... More...
   $0 (10-14-2017 - CA)

In re: Travelers Home and Marine Insurance Company Eighth Circuit Courthouse - St. Louis, Missouri

Greg Boss’s home in the Eastern District of Missouri suffered hail damage in
June 2014. Boss filed a property damage claim under the replacement cost
homeowners’ insurance policy issued by Travelers Home and Marine Insurance
Company. After Travelers paid Boss the “actual cash value” of the loss prior to repair
or replacement, Boss brought this putative class action in the Western D... More...
   $0 (10-08-2017 - MO)

Audrey Dick v. Colorado Housing Enterprises Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal is from an order denying a motion for a preliminary injunction to stop a foreclosure sale.1 We DISMISS the appeal as MOOT.
I. FACTUAL AND PROCEDURAL HISTORY
In 2014, Plaintiff Audrey Dick (“Plaintiff”) and her husband borrowed $100,000 from Colorado Housing Enterprises, L.L.C. and Community Resources and Housing Development Corporation (“Defendants”). The loan was... More...
   $0 (10-05-2017 - TX)

United States of America ex rel., Joshua Harman v. Trinity Industries, Inc.; Trinity Highway Products, LLC Fifth Circuit Court of Appeals - New Orleans, Louisiana

The trial in this case offers two narratives. One of a hardworking man
who, angered by failures of guardrails installed across the United States—with
sometimes devastating consequences—persuaded a Texas jury of a concealed
cause of those failures. The other of the inventive genius of professors at Texas
A&M’s Transportation Institute, who, over many years of study and testing,
... More...
   $0 (10-04-2017 - TX)

Premium Plastics Supply, Inc, Reginald Barham and Carol Barham v. Thomas Howell and Laura Howell Harris County Courthouse - Houston, Texas

This case involves a trial court proceeding to confirm an arbitration award in a commercial landlord-tenant dispute. Landlords Thomas and Laura Howell, appellees here, filed suit in the trial court to confirm an arbitration award in their favor against their former tenants, appellants Premium Plastics Supply, Inc. and
2
Reginald and Carol Barham. After the Howells moved for summary judgmen... More...
   $0 (10-02-2017 - TX)

Living Rivers Council v. State Water Resources Control Board

Appellant Living Rivers Council (Living Rivers) appeals from a judgment denying
its petition for writ of mandate to compel respondent the State Water Resources Control
Board (Board) to rescind its approval of a policy designed to maintain instream flows in
coastal streams north of San Francisco. Living Rivers alleges several violations of the
California Environmental Quality Act (C... More...
   $0 (09-29-2017 - CA)

San Bruno Committee For Economic Justice v. City of San Bruno, San Bruno Hotels, LLC

Plaintiffs San Bruno Committee for Economic Justice, Unite Here Local 2, Mary
Dowden, Leif Paulsen, Sheral Marshall, Beatriz Johnston, Kathleen Semenza, Lilibeth
Bonifacio, and Molly Gomez appeal from the order and judgment of the trial court
denying their petition for peremptory writ of mandate. Plaintiffs had unsuccessfully
sought to place a referendum on the ballot concerning a ... More...
   $0 (09-20-2017 - CA)

Jesse C. Burciaga; Edna K. Burciaga v. Deutsche Bank National Trust Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

The Burciagas defaulted on their home equity loan in 2011. In 2013,
Deutsche Bank filed a foreclosure suit in Texas state court. Without holding a
hearing—as required by Texas law—the state court entered a foreclosure
order. Although Texas law expressly required that any challenge to the
foreclosure order be made in a separate, original proceeding, the Burciagas
moved to vacate... More...
   $0 (09-18-2017 - TX)

The Highway 68 Coalition v. County of Monterey, Omni Resources, Real Party in Interest

This CEQA1 case arises from the proposal of respondent Omni Resources LLC
(Omni) to build a shopping center on Highway 68 in respondent Monterey County
(County). After preparing an environmental impact report (EIR) concerning the proposed
project and considering public comments, County’s Board of Supervisors approved the
project in 2012.

1 California Environmental Quality ... More...
   $0 (09-11-2017 - CA)

San Luis Rey Racing, Inc. v. California Horse racing Board

San Luis Rey Racing, Inc. (SLRR) appeals from a judgment denying its petition
for a writ of mandate asking the superior court to overturn certain orders of the California
2
Horse Racing Board (CHRB) regarding the management of a fund established and
governed by Business and Professions Code1 sections 19607 and 19607.1. The superior
court determined SLRR did not have standing b... More...
   $0 (09-07-2017 - CA)

iLife Technologies Inc v. Nintendo of America, Inc.

Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.
... More...
   $10100000 (09-02-2017 - TX)

Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e... More...
   $0 (08-30-2017 - WA)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

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