Cases

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-18-00463-CV __________________ SAMSON EXPLORATION, LLC, Appellant/Cross-Appellee V. T.W. MOAK AND MOAK MORTGAGE AND INVESTMENT CO., Appellees/Cross-A

MAXWELL, J., for the Court: ¶ 1. James L. “Buzz” Miles took possession of a vehicle owned by Paul Moak of Ridgeland Inc. (“Moak”) and agreed to pay Moak $19,200. After nearly seven months of nonpayment, Moak initiated a criminal action against Miles. The parties reached a settlement prior to trial, and the municipal court dismissed the case. Following dismissal, Miles sued Moak and its general manager for mal

MEMORANDUM OPINION No. 04-11-00184-CV Cynthia J. MOAK, Appellant v. Cynthia HUFF, Appellee From the 37th Judicial District Court, Bexar County, Texas

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00154-CV __________________ NELL A. BUSTAMANTE, Appellant V. MOAK DEVELOPMENTS, LLC D/B/A SERVICEMASTER BY CENTURY, SERVICEMASTER CLEAN/RESTORE SPE LLC, SERVI

KOZINSKI, Circuit Judge. We consider whether a state court that has adjudicated a water decree retains exclusive jurisdiction over its administration. I Like many Western states, Nevada follows a two-step process in determining and enforcing rights to the use of water in its river systems. First is the adjudication phase. The state engineer makes an initial determination of the relative

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Public Warehousing Company K.S.C. ) ASBCA No. 57510 ) Under Contract No. SP0300-03-D-306 l ) APPEARANCES FOR THE APPELLANT: Michael R. Charness, Esq. Adrianne Goins, Esq.

Supreme Court of Texas ══════════ No. 23-0493 ══════════ Werner Enterprises, Inc. and Shiraz A. Ali, Petitioners, v. Jennifer Blake, individually and as next friend for Nathan Blake, and as heir of the estate of Zackery Blake, deceased; and Eldridge Moak, in his capacity as guardian of the estate of Brianna Blake,

Supreme Court of Texas ══════════ No. 23-0493 ══════════ Werner Enterprises, Inc. and Shiraz A. Ali, Petitioners, v. Jennifer Blake, individually and as next friend for Nathan Blake, and as heir of the estate of Zackery Blake, deceased; and Eldridge Moak, in his capacity as guardian of the estate of Brianna Blake,

608 F.3d 592 (2010) TE-MOAK TRIBE OF WESTERN SHOSHONE OF NEVADA; Western Shoshone Defense Project; Great Basin Mine Watch, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Robert V. Abbey State Director; Gail G. Givens, Assistant Field Manager Battle Mountain *593 Field Office; Clinton R. Oke, Assistant Field Manager; United States Bureau of Land Management, Defendants-Appellees, Cortez

LARRY R. HICKS, UNITED STATES DISTRICT JUDGE Before the court is defendants the United States Bureau of Land Management ("BLM") and Jill Silvey's ("Silvey") (collectively "defendants") motion to dismiss defendant-intervenor Carlin Resources, LLC's ("Carlin") cross-claims (ECF No. 98). ECF No. 103. Carlin filed an opposition (ECF No. 112) to which defendants replied (ECF No. 120). I. Facts and Procedural Bac

822 So.2d 323 (2002) SOUTHEASTERN MEDICAL SUPPLY, INC., Appellant, v. BOYLES, MOAK & BRICKELL INSURANCE, INC., Appellee. No. 2000-CA-00787-COA. Court of Appeals of Mississippi. March 5, 2002. Rehearing Denied May 7, 2002. Certiorari Denied August 1, 2002. *325 David L. Minyard, Oxford, John G

575 So.2d 993 (1990) PURINA MILLS, INC. v. E.R. MOAK and Faye M. Moak d/b/a Moak's Dairy Farm. No. 07-CA-59304. Supreme Court of Mississippi. December 19, 1990. Rehearing Denied March 6, 1991. *994 Kenneth R. Dreher, Jerry L. Mills, Pyle Dreher Mills & Woods, Jackson, for appellant. Daniel H. Fairly, W

In the United States Court of Federal Claims No. 14-1202 Filed: August 29, 2018 **************************************** Breach of Contract; * Constructive Change; Contract Disputes Act of 1978, 41 U.S.C. §§ * 601–613 (2006);

Supreme Court of Texas ══════════ No. 23-0493 ══════════ Werner Enterprises, Inc. and Shiraz A. Ali, Petitioners, v. Jennifer Blake, individually and as next friend for Nathan Blake, and as heir of the estate of Zackery Blake, deceased; and Eldridge Moak, in his capacity as guardian of the estate of Brianna Blake,

Affirmed and En Banc Majority Opinion and En Banc Dissenting Opinions filed May 18, 2023. In The Fourteenth Court of Appeals NO. 14-18-00967-CV WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACHERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACIT

Affirmed and En Banc Majority Opinion and En Banc Dissenting Opinions filed May 18, 2023. In The Fourteenth Court of Appeals NO. 14-18-00967-CV WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACKERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACITY

EDITH H. JONES, Circuit Judge: This case arises out of an automobile accident that killed David Moak (David). In probate court, David’s estate and family members divided one million dollars in insurance proceeds deposited by the negligent driver’s insurance company. At issue in this case is an additional five hundred thousand dollars in underinsured motorist proceeds deposited

En Banc Consideration Granted; Order, Concurrence, and Dissents to Order filed July 27, 2021. In The Fourteenth Court of Appeals NO. 14-18-00967-CV WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACHERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN

WARREN, J. Defendant appeals a judgment awarding plaintiff, a real estate broker, liquidated damages pursuant to a clause in an exclusive listing agreement that provided for payment of a broker’s fee if defendant sold the property. The only issue is whether that clause is an enforceable liquidated damages provision. We conclude that it is and affirm. In 1982, the parties executed a listing agreement for the

En Banc Consideration Granted; Order, Concurrence, and Dissents to Order filed July 27, 2021. In The Fourteenth Court of Appeals NO. 14-18-00967-CV WERNER ENTERPRISES, INC. AND SHIRAZ A. ALI, Appellants V. JENNIFER BLAKE, INDIVIDUALLY AND AS NEXT FRIEND FOR NATHAN BLAKE, AND AS HEIR OF THE ESTATE OF ZACKERY BLAKE, DECEASED; AND ELDRIDGE MOAK, IN HIS CAPACI