Mandamus Law
 
In the Interest of J.M.W.

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)

State of Florida v. Randell Deviney

Jacksonville, FL - The State of Florida charged Randall Deviney, age 25, with first-degree murder in the death of Delores Futrell, age 65, who was killed in 2008. Futrell was a neighbor of Deviney's. The State alleged that Deviney cut Futrell's throat while attempting to rob her.

Defendant admitted that he killed Futrell in an effort to escape the death penalty.

A former convi... More...
   $0 (07-25-2015 - FL)

SIRVA RELOCATION, LLC and AETNA LIFE INSURANCE COMPANY v. CHARLOTTE GOLAR RICHIE, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION, ET AL.,

This appeal is the latest bout in a prolonged legal
struggle concerning fringe benefits offered by plaintiff-appellant
Sirva Relocation, LLC (Sirva) to its work force. We briefly
rehearse the history and travel of the dispute.
Sirva (a company that provides moving and housing
solutions) offers a complement of benefits to its employees through
a group benefit plan. T... More...
   $0 (07-21-2015 - )

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

STATE OF KANSAS v. JACK R. LAPOINTE

In March 2004, a jury found LaPointe guilty of aggravated robbery and aggravated assault based on the robbery of a Payless shoe store in October 2000. State v. LaPointe (LaPointe I), No. 93,709, 2006 WL 2936496, at *1 (Kan. App. 2006) (unpublished opinion), rev. denied 283 Kan. 932 (2007). On October 30, 2000, the police were informed that a white male in a plaid shirt, jacket, and bandana had rob... More...   $0 (07-20-2015 - )

State of Florida v. Randall Deviney

Jacksonville, FL - The State of Florida charged Randall Deviney with first-degree murder for killing 65-year-old Delores Futrell in 2008.

Court Events
Date Time Type Location Courtroom Cancelled
9/25/2008 9:00 AM ARRAIGNMENT DATE 330 E BAY ST (CIRCUIT) 6
10/23/2008 9:00 AM PRETRIAL 330 E BAY ST (CIRCUIT) 6
11/25/2008 9:00 AM ARRAIGNMENT DATE 330 E BAY ST (CIRCUIT) 6
... More...
   $0 (07-18-2015 - FL)

Marquis COUEY v. Jeanne ATKINS

We begin with a brief summary of the regulation of the initiative petition signature collection process to provide context for our discussion of the relevant facts. The powers of initiative and referendum reserved by the people in Article IV, section 1, of the Oregon Constitution allow them to enact statutes, adopt or reject bills passed by the legislature, and adopt amendments to the state consti... More...   $0 (07-16-2015 - )

In re Lennar Homes of Texas Sales and Marketing Limited, etc.

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
2
mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition addr... More...
   $0 (07-15-2015 - TX)

Fitzgerald Farms, LLC v. Chesapeake Operating Company, LLC

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)

BURTON et al. v. GLYNN COUNTY et al

Thomas and Lee Burton own an oceanfront property in the East Beach
area of St. Simons Island. The property is situated within a single-family
residential zoning district classified as “R-6” under the Glynn County Zoning
Ordinance. After the completion of a large, lavish home on the property in
2008, the Burtons began offering the property, known as Villas de Suenos,1 as
a sho... More...
   $0 (07-13-2015 - )

Alpine Glass, Inc. v. Country Mutual Insurance Co.

Alpine Glass, Inc., appeals from an order confirming an arbitration award for
one of 482 claims it asserted against several insurance companies. Because
unresolved claims remain, because Alpine Glass did not obtain certification for an
interlocutory appeal, and because the order below is not a qualifying order pursuant
to Fed. R. Civ. P. 54(b), we lack jurisdiction to entertain thi... More...
   $0 (07-12-2015 - MN)

Aracell King v. Time Warner Cable

Dallas, TX - Aracell King, age 44, sued Time Warner Cable on a violation for violating the Telephone Consumer Protection Act of 1991 more than 73 times after she advise the Defendant not to call her any more. In total she received more thatn 153 robo calls to her Spring telephone line.

Recent Court Docket Entries:

Date Filed # Docket Text

06/04/2015 18 SCHEDULING OR... More...
   $230000 (07-08-2015 - NY)

COALITION FOR A SUSTAINABLE FUTURE IN YUCAIPA v. CITY OF YUCAIPA et al., TARGET STORES, INC.,

In May 2005, Target Corporation entered into a contract with Palmer General
Corporation, the owner of land in the City of Yucaipa to develop a shopping center.
Under the agreement, Target agreed to purchase approximately 60 acres of the land
owned by Palmer, for the development (Project).
Target applied for a Preliminary Development Plan (PDP) and a General Plan
Amendmen... More...
   $0 (07-06-2015 - )

Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and... More...
   $0 (06-23-2015 - CO)

Westchester Secondary Charter School v. Los Angeles Unified School District

This appeal stems from Westchester Secondary Charter School’s (WSCS) request
for classrooms and related space for the 2014-2015 school year. Los Angeles Unified
School District (the District) offered WSCS space at Crenshaw High School (Crenshaw).
WSCS objected to this offer and filed a petition for writ of mandate in April 2014.
WSCS sought a peremptory writ ordering the District... More...
   $0 (06-19-2015 - CA)

William A. Kutner and Tara G. Kutner v. Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems, Inc., and Pulaski Mortgage Company

After they lost their home to foreclosure, appellants William A. Kutner and Tara G. Kutner sued appellees Wells Fargo Bank, N.A. and Mortgage Electronic
1See Tex. R. App. P. 47.4.
2
Registration Systems, Inc.2 for filing a fraudulent lien instrument, violating the
Texas Debt Collection Act and the property code, and breaching a contract.
They also sought injunctive relief.
... More...
   $0 (06-04-2015 - TX)

Danny Homan v. Terry Branstad

During the 2013 legislative session, the Iowa General Assembly appropriated funds for the operation of the Iowa Juvenile Home (IJH) in Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014). Approximately five months into that fiscal year, the Iowa Department of Human Services (DHS) decided to close the home and find alternative, judicially approved placements for the twenty-one girls who... More...   $0 (05-29-2015 - IA)

Michael M. Sela, M.D. v. Medical Board of California

Petitioner and appellant Michael Sela, M.D., (petitioner) filed an appeal from the trial court’s judgment denying his petition for writ of mandate. Petitioner sought in the trial court to set aside the decision of respondent Medical Board of California (Board) that rejected his request for early termination of the probationary restrictions on his medical license. Petitioner appealed despite the ... More...   $0 (05-28-2015 - CA)

Alejandro Diaz-Barba v. Wolfgan Hahn

In Hahn v. Diaz-Barba (2011) 194 Cal.App.4th 1177 (Hahn I), this court affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference with contract and related claims for the sale of an interest in a Mexican business. We determined that petitioners (hereafter defendants) met their burden of proving Mexico was a suitabl... More...   $0 (05-24-2015 - CA)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

Kathleen Leonard v. Retails' Credit Association of Grass Valley, Inc.

This case involves how a limited civil case (here a cross-complaint) gets reclassified as an unlimited civil case.1
We hold that where petitioner Kathleen Leonard filed, through counsel, an amended cross-complaint that added a cross-defendant and added causes of action that increased the amount in controversy to over $25,000 and tried twice to pay the court clerk the reclassification fee, the ... More...
   $0 (05-22-2015 - CA)

Janice Doe et al. v Superior Court of Santa Clara County/First Baptist Church of San Jose

Petitioners Janice Doe and John Doe (parents) seek a writ of mandamus or prohibition directing respondent Superior Court of Santa Clara County to enter a new order overruling a demurrer to the seventh and eighth causes of action of parents’ first amended complaint (Complaint). Those causes of action allege that real party in interest First Baptist Church of San Jose, doing business as Camp on th... More...   $0 (05-19-2015 - CA)

United States of America v. Dzhokhar Tsarnaev

Boston, MA - The United States of America charged Dzhokhar Tsarnaev, age 21, with thirty felonies including three murder counts in conjunction with the 2013 Boston Marathon bombing that killed three and injured 264 others.

The defense team admitted that he committed the crimes but sought to minimized the punishment based on the Defendant's youth.

The following counts were filed b... More...
   $0 (05-16-2015 - MA)

City of New Braunfels; Jan Kotylo, in her official capacity; Pat Clifton, in his official capacity; and Fritz Welsch, in his official capacity v. Joseph Tovar

This is an interlocutory appeal of an order denying a plea to the jurisdiction asserted
by a municipality and three official-capacity defendants.1 We will affirm the order.
The underlying dispute arises under the Civil Service Act, now codified in
Chapter 143 of the Local Government Code.2 The appellants, defendants below, are the City of
New Braunfels—one of the municipalities t... More...
   $0 (05-07-2015 - es)

Jose Robles v. Employment Development Department

This controversy—which involves the wrongful denial of unemployment
compensation benefits—began in January 2010 because of a pair of shoes. More than
five years later, appellant Employment Development Department (EDD or the
Department) continues to refuse to award Jose Robles (Robles) the benefits to which he
would have been entitled absent the Department’s error, this despit... More...
   $0 (05-05-2015 - CA)

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