Cases

NUMBER 13-16-00623-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JAMES DANIEL BLANKENSHIP, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 36th District Court

Opinion issued October 20, 2005 In The Court of Appeals For The First District of Texas ____________

MEMORANDUM OPINION AND ORDER IRENE C. BERGER, UNITED STATES DISTRICT JUDGE, SOUTHERN DISTRICT OF WEST VIRGINIA The Court has reviewed the Defendant’s Motion to Dismiss Alpha’s Restitution Claims, or, in the Alternative, for Discovery and an Evidentiary Hearing (Document 563), the Memorandum in Support (Document 564), the United States’ Response to Defendant’s Motion to Continue Sentenci

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS JAMES R. BLANKENSHIP, FILED Claimant Below, Petitioner February 13, 2020 EDYTHE NASH GAISER, CLERK SUPRE

MINTON, Chief Justice, dissenting. I believe the majority’s approach to this recurring issue in medical malpractice cases is sound. However, under the specific facts of this case, I agree with Justice Venters that the trial court (and, by extension, this Court) impermissibly shifted the burden on summary judgment from the movants, Caritas and Blankenship, to the respondent, Collier. Had the movants presented an

286 S.W.3d 137 (2008) James E. EVANS, Jr., Appellant, v. Jo Ann BLANKENSHIP, Metropolitan National Bank, Michael J. Overton, and Judith Blankenship Overton, Appellees. No. 08-241. Supreme Court of Arkansas. June 26, 2008. *138 Evans & Evans Law Firm, by: James E. Evans, Jr., Springdale, AR, for appellant. Michael Overt

398 B.R. 457 (2008) In re Karl/Kimberlee BLANKENSHIP, Debtor(s). No. 08-30226. United States Bankruptcy Court, N.D. Ohio. May 15, 2008. *459 James A. Harris, Marion, OH, for Debtor(s). Dean Wyman, Office of the US Trustee, Cleveland, OH, for U.S. Trustee. DECISION AND ORDER RICHARD L. SPEER, Bankrupt

Upon consideration of the petition filed by Defendant on the 23rd day of January 2009 in this matter for a writ of certiorari to review the order of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: "Dismissed by order of the Court in conference, this the 5th day of February 2009."

NIEMEYER, Circuit Judge: In March 1994, Consolidation Coal Company obtained the necessary government permit to “dewater” its Buchanan Mine, an underground coal mine in Buchanan Coun *633 ty, Virginia. It then began to pump the water from its mine into the nearby Beatrice Mine, an exhausted coal mine

644 F.3d 1350 (2011) Frank BLANKENSHIP, Plaintiff-Appellee, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellant. No. 10-10717. United States Court of Appeals, Eleventh Circuit. June 30, 2011. *1352 John M. Pennington, Pennington Law Firm, LLC, Birmingham, AL, for Plaintiff-Appellee. Elizabeth J. Bondurant, Smith Mo

(2008) BUCHANAN COUNTY, VIRGINIA, Plaintiff, v. Stuart Ray BLANKENSHIP, et al., Defendants. No. 1:05CV00066. United States District Court, W.D. Virginia, Abingdon Division. April 21, 2008. OPINION JAMES P. JONES, Chief District Judge. In this civil RICO action brought by Buchanan County, Virginia, seeking damages from the participants in a bi

Syllabus by the Court 1. "A circuit court's entry of summary judgment is reviewed de novo. " Syl. Pt. 1, Painter v. Peavy , 192 W. Va. 189 , 451 S.E.2d 755 (1994). 2. "A circuit court's entry of a declaratory judgment is reviewed de novo. " Syl. Pt. 3, Cox v. Amick , 195 W. Va. 608 , 466 S.E

601 F.3d 852 (2010) William BLANKENSHIP, Jr., Appellant, v. USA TRUCK, INC., Appellee. No. 09-1605. United States Court of Appeals, Eighth Circuit. Submitted: December 15, 2009. Filed: April 15, 2010. *853 Kenneth Hixson, argued, Fayetteville, AR, for Appellant. Barndon James Harrison, argued, (Barry Deaco

LOUGHRY, Justice: The petitioners, who were several shareholders of the former company/nominal respondent Massey Energy Company ("Massey" or "the company"), appeal the November 20, 2014, Amended Final Order of the Circuit Court of Kanawha County denying their motion for leave to file a Second Amended Complaint and dismissing their pending Amended Complaint. The petitioners argue that

806 F.Supp.2d 1180 (2011) Frank BLANKENSHIP, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. Civil Action No. 08-AR-0639-S. United States District Court, N.D. Alabama, Southern Division. August 3, 2011. John M. Pennington, Pennington Law Firm LLC, Birmingham, AL, for Plaintiff. James S. Christie, Jr., Bradley Arant Boult, Cummings LLP, Brian M.

686 F.Supp.2d 1227 (2010) Frank BLANKENSHIP, Plaintiff and counter-defendant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and counterclaimant. Civil Action No. 08-AR-0639-S. United States District Court, N.D. Alabama, Southern Division. December 30, 2009. Order Amending Opinion January 21, 2010. Order Denying Motion to Vacate Opinion Febr

HASELTON, J. Defendant appeals from an order denying his motion to set aside his conviction for sexual abuse in the first degree. We affirm. In 1987, defendant was convicted of first degree sexual abuse of a five-year-old child, which at that time was a class C felony.1 When defendant was convicted, ORS 137.225 permitted defendants to have convictions for class C felonies set asi

159 S.W.3d 330 (2004) Johnny K. BLANKENSHIP, Appellant, v. Claude J. ACTON; Janie Acton, His Wife; and Stephen Acton, Appellees. No. 2003-CA-000903-MR. Court of Appeals of Kentucky. April 30, 2004. As Modified May 14, 2004. Case Ordered Published by Court of Appeals June 25, 2004. Discretionary Review Denied by Supreme Court Ap

42 F.3d 1395 Cooper (Gary)v.Blankenship (James) NO. 94-2522 United States Court of Appeals,Eighth Circuit. Aug 30, 1994 Appeal From: E.D.Ark., No. 94-CV-209 1 AFFIRMED.

*814ORDER JOSEPH F. ANDERSON, JR., District Judge. In this medical malpractice case brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680, the United States has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. ECF No. 62. Charles E. Seastrunk Jr. opposes the motion. ECF No. 63. The c