Cases

212 P.3d 1039 (2009) DAY ADVERTISING, INC. v. CLARKE. No. 101281. Court of Appeals of Kansas. August 7, 2009. Decision without published opinion Affirmed.

CLARK, J. dissents. Appellant was convicted of trafficking in hydrocodone. Because the quantity of hy-drocodone qualified under section 893.135(c)l.b., Florida Statutes, Appellant was charged with the offense of trafficking rather than possession. In my view Appellant was deprived of a fair trial by the trial court’s failure to instruct the jury on the “prescription defense” under sections 499.03(1) and 893.13(6

DECISION & ORDER WILLIAM F. KUNTZ II, District Judge: By complaint filed May 28, 2013, Plaintiffs George W. Clarke and Yongwei Guo, as Administrators of the Estate of Qian Wu (‘Wu”), deceased, and Yongwei Guo, individually, as the surviving spouse of Qian Wu (collectively, “Plaintiffs”), seek to hold Defendant, the United States of America (“Defendant”), liable for the death of Wu, who was kil

OPINION CORNELIA A. CLARK, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., joined. WILLIAM C. KOCH, JR., J., filed a dissenting opinion. After unsuccessfully moving to suppress evidence resulting from the traffic stop that led to his arrest, the defen

*303GEER, Judge. This appeal arises out of a dispute over whether plaintiffs acquired a prescriptive easement across defendants’ lots permitting use of a private lane to access the public road from plaintiffs’ lot. We hold that plaintiffs’ evidence — that plaintiffs’ predecessors-in-interest used the lane without permission for more than 20 years, maintained the lane, n

ORDER DENYING PLAINTIFFS’ MOTION TO INTERVENE SAMUEL H. MAYS, JR., District Judge. Before the Court is Plaintiffs’ September 18, 2009, Motion to Intervene by which Plaintiffs seek permission for Anna Bachelder to intervene as a proposed class representative in this private antitrust suit. Because Plaintiffs have waited two years since they undeniably knew of serious questions about the adequacy of their o

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ROSS GENTRY CLARKE, § No. 08-23-00016-CV Appellant, § Appeal from v. § 73rd Judicial District Court REXANN PASSMORE CLARKE, §

GREGORY, Chief Judge: Appellant Applied Underwriters Captive Risk Assurance Company, Inc. ("AUCRA") comes to us for the second time in this case, appealing the district court's determination that a Reinsurance Participation Agreement ("RPA") executed by it and Appellee Minnieland Private Day School is an insurance contract under Virginia law. The RPA, executed in connection with Minniel

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ROY GENTRY CLARKE, § No. 08-23-00016-CV Appellant/Cross Appellee, § Appeal from the v. § 73rd Judicial District Court REXANN PASSMORE CLARKE, § o

125 F.Supp.2d 468 (2000) Jonathan H. GILMORE, etc., et al., Plaintiffs, v. Hamp DAY, President, Debra E. Baxley, Vice-President, Jimmy Davis, Secretary, Ronnie Jackson, John A. Clark, Danny B. McNeil, Kip Justice, Nolan L. Laird, and Susan Grace, all Trustees of Wiregrass Electric Cooperative, in their own individual capacity, and in their representative capacity as Trustees of Wiregrass Electric Cooperative, Defendants. No.

Poltorak v Clarke (2025 NY Slip Op 04496) Poltorak v Clarke 2025 NY Slip Op 04496 Decided on July 30, 2025 Appellate Division, Second Department Golia, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

164 P.3d 1205 (2007) 214 Or. App. 372 Kara DAY-TOWNE, Plaintiff-Appellant, v. PROGRESSIVE HALCYON INSURANCE COMPANY, Defendant-Respondent. 034378L2; A129849. Court of Appeals of Oregon. Argued and Submitted January 12, 2007. Decided August 1, 2007. *1206 Kathryn H. Clarke argued the cause

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ROSS GENTRY CLARKE, § No. 08-23-00016-CV Appellant, § Appeal from v. § 73rd Judicial District Court REXANN PASSMORE CLARKE,

CHEHARDY, C.J. Lin this appeal, Juanita Narcisse Clarke appeals the trial court’s award of child custody, child support, and dependent tax credit. For the following reasons, we affirm in part, but vacate the August 1, 2016 judgment entirely and the child support award from the July 25, 2016 judgment, reinstate the child support award from the February 3, 2016 Order, and remand for further proceedings.

The opinion of the court was delivered by Dixon, J. This is an appeal from a judgment of the First District Court of Jersey City, rendered in favor of the plaintiff in an action for the recovery of usurious interest paid by him to the defendant. The certified case shows that the defendant made to the plaintiff several loans at the rate of ten per cent, a month, and that at the time of each payment of illegal

504 F.3d 338 (2007) WESTCHESTER DAY SCHOOL, Plaintiff-Appellee, v. VILLAGE OF MAMARONECK, The Board of Appeals of the Village of Mamaroneck, Mauro Gabriele, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, George Mgrditchian, In his official capacity as member of the Board of Appeals of the Village of Mamaroneck, Peter Jackson, In his official capacity as member of the Board of Appeals of the Village of Mam

PRESENT: All the Justices STEVEN PATRICK PREASE OPINION BY v. Record No. 220665 JUSTICE CLEO E. POWELL JULY 6, 2023 HAROLD CLARKE, in his official capacity as Director of the Virginia Department of Corrections, et al. Upon a Petition for a Writ of Habeas Corpus Invoking our original jurisdicti

PRESENT: Goodwyn, C.J., Kelsey, McCullough, Chafin, Russell, and Mann, JJ., and Mims, S.J. ANTOINE ANDERSON OPINION BY v. Record No. 230172 JUSTICE WESLEY G. RUSSELL, JR. OCTOBER 12, 2023 HAROLD CLARKE, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, ET AL. FROM THE CIRCUIT COURT OF ALBE

Case: 22-51124 Document: 00516829997 Page: 1 Date Filed: 07/21/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED

2WHIPPLE, Judge. In this appeal, Terrence Lewis, an inmate in the custody of the Louisiana Department of Public Safety and Corrections (“the Department”) at Washington Correctional Institute, challenges the determination of the Department that he is ineligible to earn good time credits. The trial court rendered judgment in favor of the Department, dismissing Lewis’ claim, with prejudice. For the following reasons, we affirm.