Cases

James Edward Welsh, Presiding Judge When the Administrative Hearing Commission denied the application of A Mother’s Love Birthing Center, LLC, for a birthing center license, A Mother’s Love filed a petition for judicial review with the Cole County Circuit Court. After the circuit court issued its judgment upholding the AHC’s decision, Keith Williston, a minority member of A Moth

KAPSNER, Justice. [¶ 1] Mark Bosworth appeals from an order evicting him from land. Because Bosworth has not appealed from a final order or judgment, we dismiss the appeal. I [¶ 2] In August 2013, Vlad Gasic commenced this action against several defendants, including Bosworth, seeking an order requiring the defendants to vacate land

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2020 Term _______________ FILED June 15, 2020 No. 18-0383 released at 3:00 p.m. _______________ EDYTHE NASH GAISER, CLERK

Robinson, J. ¶ 1. This case revolves around sixteen shares in the Malletts Bay Club, Inc. (MBC) that have been sitting in escrow since 1998, when George Gordon conveyed the associated real property to J. Douglas Johnson. On summary judgment, the trial court ruled that defendant James McGarry, as agent for transfer of the MBC shares, breached the parties’ contract and his fiduciary d

In the United States Court of Appeals For the Seventh Circuit ____________ No. 04-2383 LINDA JAMES, Plaintiff-Appellant, v. MCDONALD’S CORPORATION, SIMON MARKETING, INCORPORATED, and ANTE ENTERPRISES LLC, doing business as MCDONALD’S RESTAURANT, Defendants-Appellees.

Ludeling. C. J. Smith & Zeigler obtained an order of seizure and sale of the plantation of the defendant, and caused the plantation, with all the farming implements, mules, etc., to be seized and advertised. Alex. Thompson intervened, and claime.d that fourteen mules, one cow, carts, plows, etc., belonged to him, and he prayed for the property or its value, which-he alleged to-be worth $1650, and for fifty dollars per month

Ludeling, O. J. This is an injunction suit to prevent the sheriff from putting the purchaser in possession of the dwelling-house and' one hundred and sixty acres of land, which had been sold under an order of seizure and sale, issued on a mortgage given to secure tlie purchase, price. To .secure the same debt there existed the vendor’s privilege. The injunction was obtained nine days after the sale, and it is based on the claim

300 Wadsworth LLC v New York State Div. of Hous. & Community Renewal (2022 NY Slip Op 06311) 300 Wadsworth LLC v New York State Div. of Hous. & Community Renewal 2022 NY Slip Op 06311 Decided on November 10, 2022 Appellate Division, First Department <

MURPHY, Circuit Judge. Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allot-tees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments to appellee companies and affi

447 N.E.2d 1165 (1983) MARSHALL COUNTY REDI-MIX, INC. and Wright-Denaut Construction Co., of Plymouth, Indiana, Appellants (Plaintiffs), v. Laverne MATTHEW and Martha P. Matthew, Appellees (Defendants). No. 3-682 A 110. Court of Appeals of Indiana, Third District. April 26, 1983. Rehearing Denied June 7, 1983. *1166

McEVERS, Justice. [¶ 1] Cheetah Properties 1, LLC appeals from a district court judgment finding Panther Pressure Testers, Inc. did not willfully hold over on a commercial lease agreement for the purpose of awarding double damages, and from a district court order denying it an award of reasonable attorneys’ fees. We affirm the district court’s judgment concluding Cheetah was not

BARNES, J., for the Court: ¶ 1. Norman Ferguson sued Mississippi Farm Bureau Casualty Insurance Company (Farm Bureau) for breach of contract and bad-faith refusal to pay his claim. The suit stemmed from an accident where Ferguson received a serious spinal injury while working on a farm owned by Robert Wilson in Hancock County, Mississippi. Wilson was insured by Farm Bureau under

690 N.W.2d 201 (2004) 2004 ND 224 STATE of North Dakota, Plaintiff and Appellee v. Matthew LINGHOR, Defendant and Appellant. No. 20030360. Supreme Court of North Dakota. December 14, 2004. *203 Nicole E. Foster, State's Attorney, Williston, ND, for plaintiff and appellee. Kevin J. Chapman, Chapman L

THE STATE OF SOUTH CAROLINA In The Supreme Court Amanda Leigh Huskins and Jay R. Huskins, Petitioners, v. Mungo Homes, LLC, Respondent. Appellate Case No. 2023-000452 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Richland County DeAndrea G. Benjamin, Circuit Court Judge Opinion No. 28245 Heard October 29, 2024 – Filed December 11, 2024 REVERSED AND REMANDED

PARKER, Justice. Alabama Powersport Auction, LLC (“APA”), filed a permissive appeal, pursuant to Rule 5, Aa. R.App. P., from an order of the Limestone Circuit Court denying APA’s motion for a summary judgment in an action filed by James Wiese, as father of Matthew Hunter Wiese (“Matthew”), a minor, deceased, against APA. We affirm the circuit court’s judgment in part, reverse it in part, and remand the cause for proceedings

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued October 11, 2022 Decided December 20, 2022 No. 21-1139 WATERKEEPERS CHESAPEAKE, ET AL., PETITIONERS v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT CONSTELLATION ENERGY GENERATION, LLC, ET AL., INTERVENORS Consolidated with 21-1186

DICKINSON, Presiding Justice, for the Court: ¶ 1. Ernie and Eugene Barriffe seek compensation for money they gave to Lawson Nelson to start a landfill business, and for improvements they made to an apartment on his land. The chancellor found that Nelson held the money and improvements in a constructive trust. But because the Barriffes failed to establish the existence of a constructive trust, we reverse in p

POOLER, Circuit Judge: This appeal requires us to determine whether it was clearly established in July 1995 that corrections officers in a local correctional facility could not perform a strip search including a non-intrusive examination of body cavities on an individual arraigned on misdemeanor charges unless the officers had reasonable suspicion that the individual possessed contraband or weapons. We hold that after this c

*32 MEMORANDUM OPINION JAMES E. BOASBERG, District Judge. At a real-estate closing, the closing agent is typically supposed to take certain precautions that help a mortgage lender detect sham transactions. Despite explicit directives here to take such precautions, the clos

POOLER, Circuit Judge, concurring in part and dissenting in part: Direct Energy sucked customers in with an appealing teaser rate only to later jack up the cost when those customers would not notice. The temptation of this siren-like path was no accident. Direct Energy created "glide paths" to ensure customers were lulled into inattentiveness. It ramped up rates for those who were inattentive to be