This is an appeal from an order denying Nemaha’s1 motion to compel arbitration before the Financial Industry National Regulatory Authority (FINRA) and granting Esposito Securities, LLC’s motion to compel arbitration before the American Arbitration Association (AAA). In a single issue, Nemaha argues the trial court erred by concluding Nemaha was not a customer
1 Appellants are Michael Morford, ... More...   $0 (09-18-2015 - TX)

In this accelerated appeal, appellant Jody Weiderman appeals from the trial court’s order granting the plea to the jurisdiction filed by appellees the City of Arlington, Texas (the city), and Mayor Jeff Williams (the mayor), and dismissing Weiderman’s declaratory-judgment action. Because Weiderman did not have
1See Tex. R. App. P. 47.4.
2
standing to bring the action, we affirm the tri... More...   $0 (09-17-2015 - TX)

In 2009, Governor Bill Richardson appointed District Judge Sheri Raphaelson
17 to fill a vacancy in Division V of the First Judicial District Court created when then
18 District Judge Tim Garcia was appointed to the New Mexico Court of Appeals,
19 leaving an unexpired term of office. A year later, as required by Article VI, Section
17 See New Mexico Secretary of State Official Ele... More...   $0 (09-16-2015 - NM)

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 (09-15-2015 - CA)

Relator Sister Jan E. Renz has filed a petition for writ of mandamus seeking to
compel the trial court to vacate orders that would require the Estate of Bernice Morene Ille (the
Estate) to immediately transfer certain assets and to pay the real party in interest’s attorney’s fees.1
For the reasons discussed below, we conditionally grant the writ.
Bernice died on January 23, 2013, a... More...   $0 (09-15-2015 - TX)

Simonelli’s May 6, 2013 administrative mandamus petition challenged the City’s February 5, 2013 approval of an application by Pot D’Oro to develop a vacant lot. Her petition identified Pot D’Oro as the developer who had been granted the approval, but it did not name Pot D’Oro as a party. The exhibits attached to the petition disclosed that the vacant lot in question was adjacent to Simonelli’s p... More...   $0 (09-15-2015 - CA)

Appellee Jacob Ind has been incarcerated in Colorado state prisons since
1992. At the time he filed this lawsuit on March 13, 2009, he was in
administrative segregation at the Colorado State Penitentiary (“CSP”) subject to
a limit of two personal books imposed by the Colorado Department of Corrections
(“CDOC”). Mr. Ind filed this action pursuant to 42 U.S.C. § 1983, claiming theMore...   $0 (09-11-2015 - CO)

On March 30, 2015, both the Senate and the House of Representatives passed S.B. 1011 with supermajorities. S.B. 1011 had one purpose: to repeal Idaho Code section 54-2512A, a law which allowed wagering on “historical” horse races. In the afternoon of March 30, 2015, the bill was presented to the Governor, who then had five days to veto the bill pursuant to the Idaho Constitution. On April 2, 2015... More...   $0 (09-11-2015 - ID)

This is the second appeal in a dispute among several outdoor advertising companies and the City of Los Angeles over certain billboards with digital displays. In the first appeal, we affirmed the trial court’s finding that a settlement agreement between two of the companies and the City, allowing the companies to digitize many of their existing billboards, was illegal and void, because a municipal ... More...   $0 (09-08-2015 - CA)

We begin with an overview of California’s Medi-Cal program for context, and then discuss the parties’ factual and legal contentions in this litigation.
A. California’s Medi-Cal Program
Medi-Cal is California’s program under the joint federal-state program known as Medicaid. (Welf. & Inst. Code, § 14000 et seq.) Medicaid provides federal financial assistance to participating states to ... More...   $0 (09-02-2015 - CA)

Appellant United Scaffolding, Inc. (USI) raises two issues on appeal (1) asserting that there was charge error in the submission of a general negligence claim as opposed to a claim for premises liability, and (2) challenging the trial court’s order granting appellee
2
James Levine’s motion for new trial.1 We affirm.
I. BACKGROUND
In a day where civil cases rarely make it to trial, ... More...   $0 (09-01-2015 - TX)

The Mitigation Fee Act (Gov. Code, § 66000 et seq.; Act) authorizes a local agency to impose fees on specific development projects to defray the cost of new or additional public facilities that are needed to serve those developments. The Act establishes a variety of requirements to ensure local agencies timely use these fees to pay for public facilities that serve those very developments rather ... More...   $0 (08-31-2015 - CA)

The Legislature passed the Act “‘in response to concerns among developers that local agencies were imposing development fees for purposes unrelated to development projects.’” (Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 864 (Ehrlich).) The Act creates uniform procedures for local agencies to follow in establishing, imposing, collecting, accounting for, and using development fees. (Cen... More...   $0 (08-29-2015 - CA)

The PUC is an agency created by the California Constitution to regulate privately owned public utilities such as PG&E. (Cal. Const., art. XII.)
PegaStaff is a division of PegaSoft Corporation, a California corporation, that provides temporary staffing in the fields of information technology and engineering. Mark Arshinkoff, a white male, owns 100 percent of PegaSoft stock.
For nine... More...   $0 (08-29-2015 - CA)

Sternberg obtained his pharmacy license in 1978. Between 2001 and 2012, he worked as the pharmacist-in-charge at a Target store in West Hills, California. During a two-year period while he supervised the Target pharmacy—September 1, 2006, to August 31, 2008—Imelda Hurtado, a pharmacy technician, stole at least 216,630 tablets of Norco from the pharmacy, with an estimated retail value of up to $... More...   $0 (08-27-2015 - CA)

Carlton Sewell, Relator, has filed a petition for a writ of mandamus seeking relief from an order denying his motion to withdraw deemed admissions. After considering Relator’s petition and the response by the real parties in interest (RPI),1 we hold that the trial court erred in denying Relator’s motion to withdraw his deemed admissions. We conditionally grant the writ of mandamus and order the tr... More...   $0 (08-25-2015 - TX)

This case involves yet another mandamus proceeding concerning the City of Houston’s equal
rights ordinance, the referendum petition calling for its repeal, and the City Council’s duties in
response. See In re Woodfill, __ S.W.3d __, __, 2015 WL 4498229, at *7 (Tex. 2015) (per curiam)
(directing the City Council to comply with its ministerial duties and either repeal the ordinance orMore...   $0 (08-19-2015 - TX)

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)

Attorney Gary Schepps appeals from a bankruptcy court order entered in the case styled Matter of Ondova Limited Company.1 The order at issue,
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Case No. 09-34784-... More...   $0 (08-16-2015 - TX)

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)

Wayne Kubsch appeals the denial
of his habeas corpus petition. After being convicted of
murdering his wife, her son, and her ex-husband, Kubsch
was sentenced to death. Kubsch’s three principal arguments
on appeal are that his conviction and sentence are unconstitutional
because (a) the Indiana trial court excluded evidence
of a witness’s exculpatory but hearsay statement to... More...   $0 (08-12-2015 - IN)

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n... More...   $0 (08-12-2015 - CA)

In this case, we determine whether the Director of the Labor Relations Division
4 (the Director) of the New Mexico Department of Workforce Solutions (DWS) is in
5 violation of the Public Works Minimum Wage Act (the Act), NMSA 1978, §§ 13-4
6 10 to -17 (1937, as amended through 2011), for failing to set prevailing wage rates
7 and prevailing fringe benefit rates for public works pro... More...   $0 (08-05-2015 - NM)

New York, NY - Second Circuit Court of Appeals blocks South Africans from suing Ford and IBM

This appeal presents the question of whether plaintiffs,
victims of South African apartheid, have plausibly alleged relevant
conduct committed within the United States that is sufficient to
rebut the Alien Tort Statute’s presumption against extraterritoriality.
We hold that they ha... More...   $0 (07-27-2015 - NY)

This is an appeal from the trial court’s SAPCR1 order granting a child support modification in favor of appellee J.S.F., the mother of J.M.W., an adult child who is mentally disabled. Appellant M.L.W., the father of J.M.W., contends the trial court abused its discretion by: (1) disregarding the general child support
1 Under the Texas Family Code, a suit affecting the parent-child relationship ... More...   $0 (07-27-2015 - TX)