Cases

COOK, Circuit Judge. In 2005, Richard and Tracy Kimball obtained-two loans secured by a mortgage on their house, but defaulted after Richard — a military reservist — was called to active duty. At a 2008 non-judicial foreclosure auction, their home was sold. The Kimballs sued — individually and as the next friends of their children and grandchildren — a number of defendants, alleging that the

ACCEPTED 06-15-00017-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS

ACCEPTED 06-15-00017-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 06-15-00017-CV

Anthony W. Ishii, SENIOR DISTRICT JUDGE This is a Perishable Agricultural Commodities Act ("PACA") ( 7 U.S.C. § 499a et seq. ) case based on the sale and distribution of organic lemons. This action was consolidated and merged with Lehr Bros., Inc. v. Etchegaray Farms , LLC , 1:17-CV-1762 AWI JLT, a case that was removed from the Kern County Superior Court. Currently before the Court is Etchegaray Farms' ("Etchegar

MEMORANDUM OPINION ON DEFENDANTS’ MOTION TO DISMISS ERIK P. KIMBALL, Bankruptcy Judge. THIS MATTER came before the Court upon Lawrence Duprey’s and Vishnu Ramlogan’s Motion to Dismiss Count I of the Adversary Complaint or, Alternatively, for Abstention [ECF No. 174] (the “Motion to Dismiss”) filed by Lawrence Duprey and Vishnu Ramlogan1 (together, the “Defe

Circuit Judge, dissenting: Mandamus is an “extraordinary remedy” for correcting a “clear abuse of discretion” based on “extraordinary errors” lead*295ing to “a patently erroneous result.” In re Volkswagen of Am., Inc., 545 F.3d 304, 309, 318 (5th Cir.2008) (en banc) (issuing the writ because the district court “disregard[ed] the specific preced

12/17/2020 IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE September 2, 2020 Session1 JARED EFFLER ET AL. v. PURDUE PHARMA L.P. ET AL. Appeal by Permission from the Court of Appeals Circuit Court for Campbell County No. 16596 J

158 F.Supp.2d 1286 (2001) The PROCTER & GAMBLE COMPANY and The Procter & Gamble Distributing Company, Plaintiffs, v. Randy L. HAUGEN et al., Defendants. No. 1:95CV94K. United States District Court, D. Utah, Northern Division. June 7, 2001. Robert S. Campbell, Jr., Berman, Gaufin Tomsic & Savage, Salt Lake City, UT, Thomas S. Calder, John E. Jevicky, Robe

112 F.Supp.2d 1251 (2000) Jeff T. CAPRIN and Michele A. Caprin, et al., Plaintiffs, v. SIMON TRANSPORTATION SERVICES, et al., Defendants. No. 2:98-CV-863K. United States District Court, D. Utah, Central Division. September 27, 2000. *1252 *1253 C. Richard Henriksen, Jr., Henriksen & Henrik

DENISON, Circuit Judge (after stating the facts as above). [1] 1. The criticism as to instructing the jury on the preliminary trial is that the court said Mrs. Kimball’s testimony, referring to her intention to keep her “home” in Toledo, might properly be considered as intended to refer to her citizenship status. This was clearly not beyond the proper function of the trial judge in assisting the jury.

KILLITS, District Judge. This matter is before the court upon motion of the plaintiff for a default judgment in favor of the plaintiff and to fix a time for the jury to assess the damages which the plaintiff has suffered. This motion is based upon the fact that the defendant, instead of answering within rule, has filed what it calls a plea to the jurisdiction, attempting to take issue with the averment of the petition that the p

MEMORANDUM DECISION AND ORDER KIMBALL, District Judge. The allegations of The Procter & Gamble Company and The Procter & Gamble Distributing Company (collectively, “P & G”) have been previously chronicled. See Proctor & Gamble Co. v. Haugen, 947 F.Supp. 1551 (D.Utah 1996). Presently before the court, and considered in turn in this order, are seven primary motions, as well as a var

White, J. This is an appeal from the judgment of the district court for Scotts Bluff County, Nebraska, which sustained the special appearance of appellee, United Telephone Company of the West (United Telephone), and dismissed the petition of appellant, Michael J. Tracy. We affirm. A recitation of the procedural history of this matter is necessary for a resolution of this case. The dispute between the parties

951 F.Supp. 450 (1997) UNITED STATES of America v. The SPY FACTORY, INC. d/b/a "Spy Factory," Ronald Kimball, Marlin Richardson, a/k/a "Brud," and Tracy Edward Ford, Defendants. No. S1 95 cr 737 (SS). United States District Court, S.D. New York. January 8, 1997. *451 *452 Lefcourt & Dratel

Erik P. Kimball, Judge United States Bankruptcy Court On May 13, 2019, British American Insurance Company Limited, as plaintiff in the above-captioned adversary proceeding and judgment creditor, filed a motion asking this court to determine whether a proceeding supplementary, pursued against Sylvia Baldini, is a core matter subject to entry of final orders and judgment by this court. ECF No. 824. For the reasons s

MEMORANDUM AND ORDER TAURO, District Judge. On the eve of trial, the parties have presented the court with two substantive motions for resolution. The first is a Motion to Intervene [# 122] brought by Praetorian Insurance Company (“Praetorian”). The second is a Partial Motion to Dismiss [# 132] by Defendant James Casey. In brief, Plaintiffs Christopher Morra

353 N.W.2d 273 (1984) 218 Neb. 331 Michael J. TRACY, Appellant, v. UNITED TELEPHONE COMPANY OF THE WEST, a corporation, Appellee. No. 84-082. Supreme Court of Nebraska. August 10, 1984. *274 John W. Herdzina of Abrahams, Kaslow & Cassman, Omaha, for appellant. John F. Wright of Wright, Simmons &

44 So.3d 678 (2010) Daisy Lucero MARCILE, and Tracy Lucero, individually and on behalf of her Minor Child, Triston Williber v. Neal DAUZAT and City of Marksville. No. 2010-CA-1822. Supreme Court of Louisiana. September 24, 2010. Stafford, Stewart & Potter, Russell L. Potter, Andrew Parker Texada, Alexandria, for Applicant. *6

HOWE, Associate Chief Justice (dissenting): I dissent. I would affirm the judgment. As to the fraud issue, I agree with the majority that perhaps, as a general rule, a mortgagor and a senior mortgagee owe no duty to a junior mortgagee to inform him that the senior mortgage has been paid. However, the payment which the jury found was made in the instant case was made during the course of th

422 F.2d 1086 Dorothea E. McSWAIN and Stella McSparran, Administratrix of the Estate of Tracy L. McSwain, Deceased,v.UNITED STATES of America, Appellant,v.Herbert L. McSWAIN. No. 17873. United States Court of Appeals, Third Circuit. Argued December 16, 1969. Decided February 20, 1970. Rehearing Denied March 26,