Thursday, December 29, 2011

County Executive Vetoes Raises for Sheriff's Deputies

Kalen Ponche - December 29, 2011 - Lake Saint Louis Patch

St. Charles County Executive Steve Ehlmann vetoed part of the 2012 budget which would have given some Sheriff's Deputies a one-time salary increase.

“We have budgeted salary increases of 1 percent across the board for most County employees and another 2 percent for those with good employee reviews,” Ehlmann said in a press release. “This includes the Sheriff’s Department personnel. What I am against is providing more money only for the deputies.”

Read the rest of the story here:

County Executive Vetoes Raises for Sheriff's Deputies

Faces of foreclosure on Long Island

Karen Rubin - Long Island Populist Examiner - December 29, 2011

Villains, victims may not be as you imagine

During one recent protest in posh Garden City, Long Island, where the Main Street offers a Who's Who of America's major banks, the face of foreclosure on Long Island was nothing like the stereotype. In fact, there was nothing similar about the three women who stood to tell their stories, or their circumstances which led them to face this terrible crisis of losing their home.

Claudia's predicament was triggered by a divorce, in which she claims her ex-husband has failed to pay the court ordered support; suffering a medical disability and raising a nine-year old, she has been forced into bankruptcy. This woman is asserting that the bank has no right to foreclose because her mortgage had been reassigned three times, with the bankruptcies and failures of the company and successor company that had the mortgage.

Read the rest of the story:

Faces of foreclosure on Long Island

Tuesday, December 27, 2011

Rhode Island judge denies WVU motion to dismiss Big East lawsuit

Ben Kercheval - December 27, 2011
collegefootballtalk.nbcsports.com

Just a week or so after a Monongalia County Circuit Court judge denied the Big East’s motion to dismiss West Virginia’s lawsuit against the conference, a Rhode Island judge has denied WVU’s motion to dismiss the Big East’s lawsuit against the institution, West Virginia MetroNews reported this afternoon.

The 28-page ruling states that WVU’s motion was denied on grounds of Personal Jurisdiction, Service of Process, Sovereign Immunity, First to File and Forum Non Conveniens.

Read the rest of the story here:

Rhode Island judge denies WVU motion to dismiss Big East lawsuit

Thursday, December 22, 2011

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

SHERRI M. OKAMOTO - Metropolitan News-Enterprise - December 22, 2011

A Canadian corporation cannot be sued in this state for injuries caused by an exploding jet ski on the California side of Lake Havasu, the Court of Appeal for this district has ruled.

Div. One yesterday ordered published its Nov. 30 decision holding that the placement of a product into the stream of commerce in a foreign country, with the knowledge that it may be swept into California, is not enough to subject a defendant to personal jurisdiction here.

The defendant, Dow Chemical Canada ULC, was the successor-in-interest to the Canadian corporation which had manufactured the allegedly defective fuel tank for the Sea-Doo GSX watercraft which blew up in August 2008. The nine plaintiffs, all California residents, alleged that they were injured as a result.

After being served with the complaint, Dow appeared specially and moved to quash service of the summons on the ground that it lacked the requisite minimum contacts with California to justify the state’s assertion of personal jurisdiction.

Read the rest of the story here:

C.A. Rejects Suit Against Canadian Firm Over Exploding Jet Ski

Wednesday, December 21, 2011

Clerk Files Motion to Dismiss Nickel Tax Lawsuit

surfky.com - 12/21/11

WEBSTER COUNTY, KY (12/21/11) – After a review of the minutes for the Nov. 3 special called Webster County Board of Education meeting at which school district officials reported the board directed a lawsuit be filed against Webster County Clerk Valerie Franklin Newell regarding her handling of a petition filed to recall a so-called “nickel tax,” Webster County Attorney Clint Prow, who represents Newell on the county’s behalf, has filed a motion to have the case dismissed.

Read the rest of the story here:

Clerk Files Motion to Dismiss Nickel Tax Lawsuit

ESTELA v. CAVALCANTI - quash service of process

ESTELA v. CAVALCANTI
Jose Luis Estela, Appellant,
v.
Roberto Cavalcanti, Appellee.
Case No. 3D11-2208.
District Court of Appeal of Florida, Third District.

Opinion filed December 21, 2011.

Jose Luis Estela ("Estela") appeals a non-final order denying his motion to quash service and to dismiss for lack of jurisdiction. We reverse and remand with directions to quash service of process.

After filing an amended complaint against three named defendants, including Estela, Roberto Cavalcanti ("Cavalcanti") made several failed attempts to personally serve Estela at his last known address in Key Biscayne. In an effort to locate Estela, Cavalcanti ordered a skip trace, which revealed that Estela owned homesteaded property in Miami Beach. Cavalcanti attempted to serve Estela at the Miami Beach address, but his attempts were unsuccessful.

Read the rest of the case here:

ESTELA v. CAVALCANTI