This matter is before us for a second time. See State
ex rel Stewart v. City of Salem, 241 Or App 528, 251 P3d
783 (2011) (Stewart I). Relator, in a mandamus proceeding,
appeals from a judgment that, in pertinent part, denied his
request for attorney fees incurred in ultimately, successfully
obtaining a peremptory writ. ORS 34.210(2). We affirm.1
As recounted in Stewart I, ... More...   $0 (01-22-2015 - OR)

The factual and legal setting of this case is complex, involving the Legislature’s
decision to dissolve the many redevelopment agencies which became a fixture of local
government financing over decades, and involving the way the moneys remaining in the
redevelopment agency coffers around the state would be redistributed.
But the narrow dispute on appeal turns on the straightforwa... More...   $0 (01-16-2015 - CA)

In this original proceeding, petitioners Adam Nick and Sherry Nick
(collectively, Nick) challenge respondent Department of Alcoholic Beverage Control’s
(Department) decision granting real party in interest 7-Eleven, Inc. (7-Eleven) a license to
sell beer and wine at its store located in the City of Lake Forest (City). The Alcoholic
Beverage Control Act (Bus. & Prof. Code, § 2300... More...   $0 (01-15-2015 - CA)

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,� 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...   $0 (12-26-2014 - MI)

Defendant-Appellant Howard Kieffer has appealed from the district court’s
First, Third, and Fourth Amended Judgments sentencing him. After entering the
First Amended Judgment, the district court entered a Second Amended Judgment,
only to later vacate and replace it with the Third and Fourth Amended Judgments.
Mr. Kieffer asserts that the district court lacked authority to enter t... More...   $0 (12-22-2014 - CO)

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ... More...   $0 (12-19-2014 - CA)

Jose A. Duarte (Duarte) appeals from the trial court’s denial of his petition for writ of administrative mandamus, through which he asserts that his application to the California State Teachers’ Retirement System (CalSTRS) for disability retirement benefits has been improperly denied. After hearing, an administrative law judge (ALJ) upheld CalSTRS’s denial of Duarte’s application for benef... More...   $0 (12-18-2014 - CA)

As Oliver Wendell Holmes said: "Men must turn square corners when they deal with the Government." (Rock Island A. & L.R. Co. v. United States (1920) 254 U.S. 141, 143; 65 L.Ed. 188, 189.) Our own California Supreme Court remarked: " 'It is hard to see why the government should not be held to a like standard of rectangular rectitude when dealing with its citizens.' [Citation.]" (Farrell v. County o... More...   $0 (12-15-2014 - CA)

On July 29, 1982, Jose Hugo Cruanes pled guilty to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Case: 13-15057 Date Filed: 12/05/2014 Page: 1 of 6
2
On October 8, 1982, the District Court pronounced sentence. The court found “reasonable grounds to believeâ€� that Cruanes, then 24 years of age, “w[ould] benefit from treatment... More...   $0 (12-05-2014 - FL)

Terry Graham, Jr., shot and killed would-be burglar, Hiram Joshua Chambers, at Graham’s ranch house in Smith County, Texas.1 In successfully defending the resulting wrongful death lawsuit by Chambers’ family members,2 Graham incurred $130,841.43 in defense costs, which Graham seeks to recover from Texas Farm Bureau Underwriters (Underwriters), the issuer of Graham’s Texas Farm and Ranch Owne... More...   $0 (12-05-2014 - TX)

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
2
plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and ... More...   $0 (12-05-2014 - TX)

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ... More...   $0 (11-26-2014 - CA)

Appellant Jorge Guevara M.D. appeals the trial court’s no-evidence summary judgment granted in favor of appellees Mark Lackner and Robert E. Lackner on Dr. Guevara’s claims of fraud, breach of fiduciary duty, and conspiracy. By three issues, Dr. Guevara contends that the trial court erred in concluding that his evidence presented in response to the Lackners’ motion for no-evidence summary ju... More...   $0 (11-13-2014 - TX)

Appellant Susan E. Jones appeals the probate court’s denial of a motion requesting that her attorneys’ fees be assessed against appellee Susan Coyle. Appellant asserts that it was error for the probate court not to award attorneys’ fees against the party who wrongfully withheld property of the estate. We affirm.
BACKGROUND
Following the death of Frances Hutchins, appellant was appoin... More...   $0 (11-13-2014 - TX)

In this case concerning a seaman’s entitlement to payments for maintenance and cure, his employer argues that the trial court erred in granting the seaman’s motion to compel such payments. We agree that the order is a temporary injunction and that it does not comply with Texas Rule of Civil Procedure 683. We therefore declare the order void, dissolve it, and remand the case to the trial
2<... More...   $0 (11-13-2014 - TX)

Plaintiff and appellant Albert Thomas Paulek appeals the denial of his petition for a writ of mandate under the California Environmental Quality Act (CEQA). He seeks a writ directing defendant and respondent California Department of Water Resources (Department) to vacate its approval of the final environmental impact report (EIR) with
2
respect to the Perris Dam Remediation Project. In its... More...   $0 (10-31-2014 - CA)

In this opinion, we consider several issues raised by
consolidated writ petitions arising out of a construction-defect action.
Specifically, we address whether the district court acted arbitrarily or
capriciously by failing to perform an NRCP 23 class-action analysis,
determining that previously occupied units in a common-interest
community do not qualify for NRS Chapter 40 rem... More...   $0 (10-16-2014 - NV)

In August 2014, the Department of Family and Protective Services filed in Bowie
County, Texas, its petition for protection of a child, for conservatorship, and for termination in a
suit affecting the parent-child relationship. On the same day, the trial court entered an order for
protection of the child naming the Department as the child’s temporary managing conservator
and issue... More...   $0 (10-03-2014 - TX)

Craig Watkins, the elected District Attorney of Dallas County, filed a petition for a writ of mandamus1 in these pending capital murder cases arguing that the trial court improperly ordered a pretrial determination of whether the defendant is intellectually disabled.2 Because we
1 Relator first attempted to file its petition for writ of mandamus in the Texas Court of Criminal Appeals. That cou... More...   $0 (10-03-2014 - TX)

Cassaundra Ellena appeals from a judgment of dismissal of her mandamus claim against the Department of Insurance and the Commissioner of the Department of Insurance (the commissioner; collectively, the DOI). Ellena contends, among other things, that the trial court erred when it found that she did not sufficiently allege in her pleading that the DOI violated a specific mandatory duty. We conclude ... More...   $0 (10-01-2014 - CA)

¶1 The dispositive issue in this appeal is whether or not Taxpayer/appellant, J. Clark Bundren, M.D., (Taxpayer), must include bondholders as necessary parties to this lawsuit. We affirm the order of the trial court.

PROCEDURE

¶2 This appeal is the second appeal in this dispute between Taxpayer and the appellees. The opinion in the first appeal was handed down on June 21, 2011,... More...   $0 (09-30-2014 - OK)

¶1 The issue is whether the trial court erred in denying the nursing home's motion to compel arbitration. The trial judge held that the wrongful death claim belonging to Cleo Boler's statutory beneficiaries pursuant to 12 O.S. 2011 §1053 is not subject to an agreement to arbitrate contained in he... More...   $0 (09-30-2014 - OK)

The real party in interest, the Los Angeles Unified School District (the district), appeals from an order granting a mandate petition filed by plaintiff, Jim L. Irving. Defendant, the California Unemployment Appeals Board (the board), after an administrative hearing, refused to grant plaintiff unemployment compensation benefits pursuant to Unemployment Insurance Code section 1256.1 The trial court... More...   $0 (09-12-2014 - CA)

Tulsa, OK - The State of Oklahoma charged Michelle Dawn Murphy with first-degree murder in conjunction with the death of her 15-month-old son in 1994. Murphy was convicted by a Tulsa County jury in November of 1996 and was sentenced to life in prison without the possibility of parole.

Murphy always asserted that she was innocent.

The Innocence Project intervened in post-convict... More...   $0 (09-12-2014 - OK)

Amanda Norasingh—a young adult suffering from significant medical and mental
disabilities—appeals from the trial court’s denial of her petition for writ of administrative
mandamus. Through these writ proceedings, Norasingh seeks reinstatement of protective
supervision benefits under the In-Home Supportive Services (IHSS) Program
administered by the California Department of So... More...   $0 (09-09-2014 - cA)