Pointe West Center, LLC filed suit against its former tenant, It’s Alive, Inc., and the tenant’s guarantor, Shamil Qureshi, for breach of contract. The jury awarded some, but not all, of the claimed damages. The trial court did not award attorneys’ fees to Pointe West. Both sides appealed. In two issues, Pointe West
2
argues the trial court erred by denying its motion for judgment notwiths

Brand is a small company founded in 2004 by David Brand.1 Until about 2008, Brand sold vent-free heaters— products that provide gas heat without having to vent outdoors—made by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProCom’s design.
Through some industry contacts, Brand was introduced to a Chinese com

¶1 Plaintiff/Appellant Gregory M. Egleston (Egleston) appeals the trial court's Order granting the motion to dismiss of Defendant/Appellee Chesapeake Energy Corporation (Chesapeake).1 Egleston previously made a demand on Chesapeake that it take certain actions related to alleged corporate waste and mismanagement. On appeal in that prior case, a separate division of this Court concluded that Chesap

Washington orchardists Harold and Shirley Ostenson (collectively Ostenson) and
California organic fruit broker Greg Holzman (d/b/a Greg Holzman, Inc. (GHI)) formed
Pac Organic Fruit LLC (Pac-0) in 1998. GHI held the majority interest and management
responsibilities under the LLC' s operating agreement. Ostenson was required to rent his
local Washington storage and packing facil

Tulsa, OK - The State of Oklahoma charged Lovern Dean Wisdom with:

Count # 1.
Count as Filed: DI6APC, ACTUAL PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED - 3RD OR SUBSEQUENT OFFENSE , in violation of 47 O.S. 11-902
Date Of Offense: 01/18/2014

Party Name: Disposition Information:

WISDOM, LOVERN DEAN
(After Prior Convictions)
Pending.

Count

Sonya Hubbard sued Federated Mutual Insurance Co. in state court for
vexatious refusal to pay a claim. Federated removed the case to federal court;
Hubbard moved to remand. The district court denied remand and dismissed
Hubbard’s claim. She appeals. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.1
I.
Federated, a Minnesota corporation with its principal plac

Tulsa, OK - The State of Oklahoma charged Kari Jane McDermott with:

Count # 1.
Count as Filed: FFP, FALSELY PERSONATE ANOTHER TO CREATE LIABILITY , in violation of 21 O.S. 1531.4
Date Of Offense: 01/18/2014

Party Name: Disposition Information:

McDERMOTT, KARI JANE
Disposed: CONVICTION, 02/24/2014. Guilty Plea.
Count as Disposed:OBSTRUCTING AN OFFIC

We recounted the now-familiar backdrop of this litigation in Port of Seattle v. FERC, 499 F.3d 1016 (9th Cir. 2007), cert. denied sub nom. Puget Sound Energy, Inc. v. California, 558 U.S. 1136 (2010). We reviewed several challenges to
1 Eagles, Hotel California (Asylum 1976).
IDAHO POWER CO. V. FERC 5 FERC’s decision to deny refunds to wholesale buyers of electricity that purchased ene

Pelco Construction Company filed suit against Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc. over a construction contract. Chambers County counter-sued. The trial court granted summary judgment on liability in favor of Chambers County and Amundson Consulting on all claims in
2
the suit. The parties then proceeded to trial on Chambers County’s damages for its breach of

In this appeal, we examine the scope of the United States
Sentencing Commission’s (the “Commission”) authority to
limit the retroactive effect of its amendments to its
Sentencing Guidelines. We hold that a district court cannot
apply a retroactive amendment to reduce an already imposed
sentence prior to that amendment’s effective date. We also
hold that the Commission’s det

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the
1 Although the fictitious insurance companies remain parties in this case, there is no indicat

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the 1 Although the fictitious insurance companies remain pa

The parties below agreed on all but one of the relevant facts of Aereo’s system, namely13
whether Aereo’s antennas operate independently or as a unit. The district court resolved that14
issue, finding that Aereo’s antennas operate independently. The Plaintiffs do not appeal that15
factual finding. Thus the following facts are undisputed. 16
I. Aereo’s System17
Aereo transmits t

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f

The plaintiffs in this case are three civil rights
organizations, National Council of La Raza (“NCLR”) and
the Las Vegas and Reno-Sparks chapters of the NAACP
(collectively, “Plaintiffs”). They appeal the dismissal with
prejudice of their complaint, which alleges that Nevada’s
Secretary of State and Director of the Department of Health
and Human Services (collectively, “Nev

Tulsa, OK - State of Oklahoma charged Cornelius Love Jr and Ashley Munoz with:

Count # 1.
Count as Filed: OBRG, BURGLARY OF AUTOMOBILE , in violation of 21 O.S. 1435
Date Of Offense: 01/04/2014

Party Name: Disposition Information:

LOVE, CORNELIUS JR
(After Prior Convictions)
Pending.

MUNOZ, ASHLEY
Disposed: DEFERRED, 09/08/2014. Gui

CertiSign was incorporated in Delaware on December 20, 2004, by non
party Certipar, S.A. (“Certipar”) to serve as Certipar’s holding company. Certipar
wholly owns Certisign Certificadora Digital S.A., which “provides public key
infrastructure based solutions to financial institutions, governments, and
enterprises that increasingly utilize unsecured IP networks to link business

Ask 100 Americans whether a 74 year-old man’s “family”
includes his wife who lives with him, and every one of those Americans will likely answer yes.
But here the Ohio Department of Medicaid answered no, with the result that it denied Joe
>
No. 14-4023 Wheaton v. McCarthy Page 2
Turner’s application for benefits under the Medicaid Act. That Act requires States who receive
M

In this action to rescind a purchase agreement and recover a down payment, the proceeding before the Attorney General (AG) was sufficiently judicial so as to warrant preclusive effect (see Coffey v CRP/Extell Parcel I, L.P., 117 AD3d 585 [1st Dept 2014], lv dismissed 24 NY3d 934 [2014]; see also Matter of CRP/Extell Parcel I, L.P. v Cuomo, 101 AD3d 473 [1st Dept 2012]). To the extent plaintiffs' a

Mr. Alejandro Soto-Robledo was convicted of illegal reentry into the
United States and sentenced to 57 months in prison, which represented the bottom
of the guideline range. Mr. Soto-Robledo appeals this sentence on the ground that
it is substantively unreasonable. We disagree and affirm.
* The parties have not requested oral argument, and the Court concludes that oral argument wou

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
under 29 U.

Montgomery, AL - Peggy Jones as administrator of the Estate and Personal Representative of the of Christy Down Varden, sued the City of Canton under 42 U.S.C. 1983 claiming that the bail bonding practices and policies of the City of Canton, Alabama violated her 14th and 8th Amendment rights under the United States Constitution.

Court Docket:

01/15/2015 1 Inmate 1983 COMPLAINT a

For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt

The regulations implementing the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., provide that when a plan administrator denies a request for benefits, it must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503-1(g

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro