Remittitur Law
 
Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar

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D.R. Horton, Inc. v. Steven M. Betsinger

This appeal arises from punitive damages proceedings on
remand after we issued our decision in Betsinger v. D.R. Horton, Inc.
(Betsinger I), 126 Nev. 162, 232 P.3d 433 (2010), a case that involved fraud
and deceptive trade practices in the context of a real estate purchase and
loan arrangement. On appeal, we consider whether the proceedings on
remand violated MRS 42.005(3), whi

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The People v. Paul Macabeo

Defendant and appellant Paul Macabeo (defendant) appeals from the trial court’s order denying his motion to suppress evidence. He contends that the trial court erred when it found that the search of his cell phone incident to a stop for a minor traffic violation did not violate the Fourth Amendment prohibition against unlawful searches and seizures. The United States Supreme Court, in overruling

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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, L.L.P.

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp

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Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl

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The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r

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Carlo Bazan and Denise Bazan individually and d/b/a Vamp Ultra Lounge & Cafe, LLC v. Luis A. Munoz Jr.

Carlo Bazan and Denise Bazan, who are married, went into business with their long-time friend, Luis Muñoz. The Bazans and Muñoz opened a restaurant and bar in Laredo, Texas, called Vamp Ultra Lounge & Café. Two years later, Muñoz sued the Bazans, alleging they had wrongfully taken money from the business. A jury found in favor of Muñoz on his claims for breach of contract, breach of fiduciary

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Meridian Grace v. Jessica Stapher Thompson and Marc Thompson

On October 8, 2012, the county court entered judgment against appellant
Meridian Grace, awarding appellees Jessica Stapher Thompson and Marc Thompson $2,850 in
actual damages representing their security deposit, $100 in statutory damages, $8,550 in treble
damages, and $3,500 in attorney’s fees. On July 3, 2014, we issued a memorandum opinion
reversing and remanding that portion o

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Elaine Damianakis v. Philip Morris USA, Inc.

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi

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Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an

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The People v. Kenneth Charles Rader

Defendant, Kenneth Charles Rader, enjoyed a meal at a steakhouse and then paid $100 of the bill with counterfeit $20 bills. He left the restaurant and was arrested shortly thereafter. He stands convicted of: one count of second degree burglary (Pen. Code, § 459)1; two counts of felony theft (§§ 484, subd. (a) (484), 666); and two counts of forgery (§§ 472, 476). Defendant admitted he had sust

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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp

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April Berguesse, Inc. v. Kenneth Rammell

This appeal arises from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against Kenneth Rammell (Rammell), the estate of Christa Beguesse (Christa), and Christa Beguesse, Inc. (CBI) (collectively Defendants) and a breach of contract counterclaim brought by CBI against ABI. The parties went to trial and the jury returned
2
a verdict in favor

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Fessha Taye v. Carol Veres Reed

Under Code of Civil Procedure section 685.040,1 a judgment creditor is entitled to the reasonable and necessary costs of enforcing the judgment, including statutory attorney fees ―otherwise provided by law.‖ A motion to claim enforcement costs must, however, be made ―before the judgment is satisfied in full.‖ (§ 685.080, subd. (a).)
In the present case, plaintiff Fessha Taye, conserva

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The People v. Lance Lamont Jernigan

Defendant, Lance Lamont Jernigan, is subject to two concurrent 25-year-to-life sentences. Defendant seeks to have his indeterminate sentences recalled and be resentenced to a determinate term pursuant to Penal Code1 section 1170.126, subdivision (f). The trial court ruled defendant’s prior serious felony conviction for attempted forcible oral copulation disqualified him from seeking resentencing

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Meridian Grace v. Jessica Stapher Thompson and Marc Thompson

Jessica Stapher Thompson and Marc Thompson sued their former landlord, Meridian Grace, under section 92.109 of the Texas Property Code, alleging that Grace acted in bad faith when she withheld their security deposit and failed to provide an accounting of any deductions. See Tex. Prop. Code § 92.109(a), (b) (providing that landlord who in bad faith retains security deposit or fails to provide an a

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Ronnie Lee Natho, Sr. v. Rosie May Shelton

On September 8, 2011, the district court entered judgment against appellant, awarding appellee $87,296.00 in actual damages, $20,000 in exemplary damages, and $35,000 in attorney’s fees. On May 30, 2014, we issued a memorandum opinion reversing and rendering judgment that appellee is not entitled to attorney’s fees or a constructive trust on Natho’s homestead and holding that the evidence wa

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The People v. Carlos Miguel Iraheta

A jury found defendant and respondent Carlos Miguel Iraheta guilty of shooting at an occupied motor vehicle in violation of Penal Code section 246.1 Before sentencing, Iraheta moved for a new trial on several grounds, including that the trial court had erred by declining to instruct the jury on imperfect self-defense in relation to the section 246 charge. The trial court concluded it had committed

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The People v. Pablo Emmanuel Diaz

In the first of two trials in this case, a jury found Pablo Emmanuel Diaz guilty of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) (count 2), driving under the influence causing injury (Veh. Code, § 23153, subd. (a))1 (count 3), driving with a measurable blood alcohol causing injury (§ 23153, subd. (b)) (count 4), and driving with a suspended license for an alcoh

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Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center v. Ahmad Aldirawi

Appellants Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center appeal the trial court’s award of prejudgment interest, attorney’s fees, and costs to Appellee Ahmad Aldirawi in this partnership dissolution case. Mooti and Elsaleh complain that the trial court should have instead awarded them attorney’s fees and costs because they were the prev

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City Direct Motor Cars, Inc and Mahdi Mohammadaghaei v. Expo Motorcars, L.L.C.

City Direct Motor Car, Inc. and its president, Mahdi Mohammadaghaei (collectively, “City Direct”), appeal the trial court’s judgment in favor of Expo Motorcars, L.L.C. on Expo Motorcars’s claims for breach of implied warranty of title, negligent misrepresentation, and fraud. We affirm the trial court’s judgment.

BACKGROUND

Expo Motorcars agreed to purchase a 2008 Mercedes S

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Weldon Johnson, Jr. v. Jennry Elliott McDaniel

This is an appeal of a judgment entered following a jury trial in a trespass to try title action concerning approximately 234.2 acres of real property located adjacent to the Red River in Hardeman County, Texas. Appellant, Weldon Johnson, Jr., claimed title to the disputed property by adverse possession and by virtue of common law principles pertaining to accretion of riparian properties. Appellee

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Patrick Cottini v. Enloe Medical Center

Plaintiff Patrick Cottini appeals from a judgment entered in favor of Enloe Medical Center (Enloe) after the jury found one or more Enloe employees provided negligent care to Cottini, a dependent adult, while he was in Enloe’s care or custody, but

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part IV of

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Sara Lesende and Victor Lesende v. Police Officer Arnold Borrero

This matter requires application of well-settled legal doctrines to an unusual set of facts. As detailed below, Sara Lesende (“Lesende”) and her husband, Victor Lesende, brought suit against the City of Newark (“the City”) and Police Officer Arnold Borrero. Following a five-day trial, a jury found that both Officer Borrero and the City were liable and awarded Lesende $2,700,000 in compensa

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The People v. Indiana Lumbermens Mutual Insurance Company

Defendant and appellant Indiana Lumbermens Mutual Insurance Company (Indiana), the surety on a bail bond, appeals an order denying its motion to set aside the summary judgment on a forfeited $625,000 bail bond.1

The essential issue presented is whether the summary judgment on the bail forfeiture is void because it was entered while an appeal was pending from an order denying Indiana’s mot

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