On December 14, 2012, Appellee Rachel Trejo filed suit as Next Friend of her adult child, Rene Trejo, asserting that Hill Country Achievement Center breached the standard of care applicable to an adult day-care facility by failing to monitor or assist Rene Trejo as he exited a van after a facility outing. Hill Country originally denied the facility was a health care provider under the Texas Medica

This appeal arises from disputes regarding a testamentary trust established by Willa Peters Hubberd. Willa’s daughter, Mary Dahlman, is a beneficiary under the trust. Dahlman appeals the probate court’s orders modifying the terms of the testamentary trust based on a mediated settlement agreement signed by all of the parties to the underlying cause and their attorneys.1 On appeal, Dahlman conte

Tulsa criminal defense lawyer Rob Henson represented Russell Joseph Pompea who was charged with:

Count # 1. Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649 Date Of Offense: 04/22/2012

Party Name: Disposition Information: POMPEA, RUSSELL JOSEPH Disposed: DEFERRED

The State of Oklahoma charged Russell Joseph Pompea with:

Count # 1. Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649 Date Of Offense: 04/22/2012

Party Name: Disposition Information:

POMPEA, RUSSELL JOSEPH Disposed: DEFERRED, 06/06/2012. Guilty Plea. Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABOFF) Violation of

In this interlocutory appeal,1 appellants, Midtown Edge, L.P., and Midtown Condominiums, L.L.C. (collectively, “Edge�), challenge the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City�), in


1 TEX. CIV. PRAC.& REM CODE ANN. §.51.014(a)(8) (Vernon Supp. 2013).

2

Edge’s suit against the City for breach of contra

We must decide whether a postconviction relief application is time-barred.


I. Background Proceedings

In 2004, a Black Hawk County jury found Dewayne Campbell guilty of firstdegree robbery. This court affirmed his conviction. State v. Campbell, No. 04- 1809, 2005 WL 3298971, at *4-6 (Iowa Ct. App. Dec. 7, 2005). Procedendo issued in January 2006.

Campbell filed a postconvic

The Estate of Terrence Mealy1 appeals the dismissal of its request for a declaration of the meaning of a phrase used in a restrictive covenant in a deed.

The district court erred in finding the question was not ripe for review. We reverse and remand for further proceedings.

I. Background Facts and Proceedings.

Mealy purchased the commercial property at issue from the Nas

David Hidritch (“Hidritch�) and Hidritch Properties, LLC (collectively, “Appellants�) appeal from the judgment of the trial court granting Karen Hidritch-Hamann’s (“Respondent�) Motion to Dismiss, dismissing Appellants’ Counter Petition, and denying Appellants’ Motion to Enforce Settlement, Motion for Relief from Judgment, and Motion for Attorneys’ Fees. We dismiss the appeal f

Rhonda Parrott (“Plaintiffâ€�) filed a wrongful death action against Brandon Black and Severs Trucking, LLC (“Seversâ€�), (collectively “Defendantsâ€�) for the death of her husband James Parrott (“Jamesâ€�).1 Defendants appeal the trial court’s judgment entered on a jury verdict in favor of Plaintiff. Defendants raise seven points of alleged trial court error. Defendants’ first pointâ€

Plaintiff-Appellant Randall Lykins appeals the district court’s grant of summary judgment on his retaliatory discharge claim. Lykins v. CertainTeed Corp. (“Lykins I�), No. 11-2133, 2012 WL 5471254 (D. Kan. Nov. 9, 2012). He also appeals the district court’s reversal of the magistrate judge’s award of sanctions for discovery abuses by Defendants. Lykins v. CertainTeed, No. 2:11- cv-02133-

¶1 We granted certiorari to consider whether an “unexplained� fall -- i.e., a fall with a truly unknown cause or mechanism -- satisfies the “arising out of� employment requirement of Colorado’s Workers’ Compensation Act, section 8-41-301(1)(c), C.R.S. (2013), and is thus compensable as a work-related injury. We also granted certiorari to decide whether an employer fails to meet i

This appeal arises from a collateral proceeding to a False Claims Act action against J-M Manufacturing (J-M) in federal court in California. During the course of litigation, the United States arranged to have Microbac Laboratories conduct tests on J-M pipe to determine whether it would intervene in the action. The government eventually declined to intervene. J-M subsequently served a subpoena on M

¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Valery Ann O’Connell and

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert “Skip� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court’s order that certain trust property be removed from the trust. They also challenge the court’s decision to require the Trustees

These related cases raise dozens of claims of illegal discrimination in the promotion process used by the Indianapolis Metropolitan Police Department and the Indianapolis Fire Department. The complaints are sprawling and the procedural history is a bit convoluted; we have simplified the presentation of the issues. A large group of black police officers and firefighters sued the City of Indianapoli

In this postjudgment marital dissolution proceeding, the parties extensively litigated the division of the proceeds from the sale of a parcel of community real property. On appeal from the resulting order, appellant Linda Boblitt (wife) contends -- among other things -- that the trial court violated her right to due process because, less than a month before the postjudgment evidentiary hearing, th

Defendant-Appellant Estrada-Barrios pleaded guilty to illegal re-entry of a previously removed alien in violation of 8 U.S.C. § 1326(a) & (b). There was no plea agreement. He was sentenced to 33 months’ imprisonment and one year of supervised release. He now challenges both components of his sentence.

I

Mr. Estrada is from Guatemala. He came to this country illegally around *T

Travisha Mangwiro and Tinashe Mangwiro (the Mangwiros) appeal the district court’s dismissal of their complaint for failure to state a cause of action. We affirm.

Case: 13-10520 Document: 00512521976 Page: 1 Date Filed: 02/04/2014

No. 13-10520

I

Accepting as true the factual allegations contained in the Mangwiros’ complaint,1 the facts are as follows. Travisha Mangw

In this admiralty action, a boat owner, Offshore of the Palm Beaches, Inc. (“Offshore�), appeals from a district court order that permitted a lone claimant, Lisa Lynch, to pursue personal injury claims in state court after Offshore had invoked the Limitation of Liability Act (“Limitation Act�), 46 U.S.C. § 30501 (2006). Offshore argues that its forum selection should control because Lynch

The State of Oklahoma charged David Douglas Bender, Patrick James Hansen a/k/a Lance Brown with:

Count # 1. Count as Filed: LA4, Possession Of Stolen Vehicle - Not Entitled to Possess Vehicle , in violation of 47 O.S. 4-103 Date Of Offense: 03/20/2012

Party Name: Disposition Information: BENDER, DAVID DOUGLAS (After Prior Convictions) Disposed: CONVICTION, 04/24/2012. Guilty

Jeanne Harrison sustained a quarter-sized forearm burn during thyroid surgery performed by Dr. William Potthoff at Munson Hospital. Postoperatively, Harrison met with a Munson representative to learn the cause of her burn. The representative told her that an electrocautery device called a Bovie had created the wound but offered no additional details. Dissatisfied with that answer and unhappy about

In September 2008, Lauren Ross participated in a blood drive at an American Red Cross (“Red Cross�) center in Columbus, Ohio. She alleges that the Red Cross’s phlebotomist1 improperly inserted a needle into her left arm, injuring a nerve, and failed to provide appropriate follow-up care, causing her to develop a chronic pain condition.

In October 2009, Ross sued the Red Cross in state

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit� against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th

This case involves a debt-collection action under the Fair Debt Collection Practices Act. Defendant-Appellee Main Street Acquisition Corporation provided an employee’s affidavit to the alleged debtor, Plaintiff-Appellant Clark, affirming based upon “personal knowledge� and “business records� that Clark owed $1,429.24 and costs.

Clark argues on appeal that (1) the demand for costs