Case Summaries
Family Law
Oil & Gas
White Collar Crime
Family Law
[12/02]
County of Sacramento v. Llanes
Denial of defendant's motion to set aside a judgment of paternity as untimely is affirmed over claims of error that: 1) defendant's motion was timely; 2) plaintiff-county should have been estopped from asserting the motion was untimely because the California Department of Child Support Services (CDCSS) posted letters on its website stating that previously established fathers, such as defendant, had until December 31, 2006 to file a motion to set aside judgment of paternity; and 3) defendant relied on those letters in filing his motion on December 29, 2006.
[11/25]
Tebo v. Tebo
In a suit alleging a civil conspiracy to have plaintiff involuntarily committed for mental treatment, summary judgment for defendants is affirmed where: 1) plaintiff did not produce evidence to show a agreement between the private and public defendants; 2) there was no factual dispute on the elements of a malicious-prosecution claim; 3) there was no basis for a per se negligence action against defendants-stepsons; 4) no material facts were in dispute as to whether defendants-doctors deprived plaintiff of due-process rights; 5) intentional infliction of emotional distress and malicious prosecution claims against defendants-doctors were not supported by evidence; and 6) defendants-doctors were entitled to immunity on negligence claims.
More...
Oil & Gas
[11/21]
Sonat Exploration Co. v. Cudd Pressure Control, Inc.
In an indemnity suit arising from an oil-well explosion, summary judgment for plaintiff is reversed where: 1) the parties' contract did not specify that Louisiana law, rather than Texas law, was to be applicable; 2) the specific circumstances of the contract at issue indicated that Louisiana law should apply; 3) because intervenor-insurer raised the choice-of-law issue on behalf of defendant-insured, defendant had not waived the issue; and 4) remand was necessary for a determination of whether there was negligence or strict liability.
[11/21]
Wagner & Brown, Ltd. v. Sheppard
In a suit over both proceeds and costs surrounding the formation and subsequent termination of a gas lease, summary judgment for lessor is reversed where: 1) the termination of the lease did not terminate lessor's participation in a unit pooling several tracts, because the pooling agreement covered "premises" and "lands" and not merely leased mineral interests; 2) remand was necessary to determine lessor's share of unit expenses; and 3) lessor was required to reimburse lessees for a share of drilling costs incurred during the term of the lease.
More...
White Collar Crime
[11/21]
US v. Goss
Sentence for mortgage-lending fraud is vacated and remanded where, when computing the sentencing guidelines range, the fair market value of the collateral for each of the home-mortgage loans involved in the scheme should have been credited against loss to the victim.
[11/21]
US v. Armstrong
Convictions and sentences of multiple defendants for offenses relating to a scheme to dispense certain controlled substances in violation of the Controlled Substances Act (CSA) are affirmed in part and reversed in part where: 1) expert testimony was not required to establish criminal violation of the CSA on the facts of the case; 2) defendant-registered nurse could be held liable for aiding and abetting under the CSA, even though she was not registered to dispense controlled substances; 3) aiding and abetting convictions could not stand on the CSA counts for which the alleged principal had been acquitted; 4) the jury charge was a correct statement of law; 5) evidence of tax evasion as a motive for under-reporting income was properly admitted; 6) there was sufficient evidence to support a money-laundering conviction; and 7) defendant-physician's sentence was reasonable.
More...
|
