Cases

ACCEPTED 01-15-00715-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/21/2015 3:23:43 PM

The opinion of the court was delivered by Davis, J.: This interlocutory appeal involves the construction and constitutional validity of die recently enacted Kansas Public Employees Retirement System (KPERS) settlement statute, K.S.A. 1995 Supp. 74-4904a. The question posed is whether the cross-claims for “contribution and noncontractual indemnity” filed by Reimer & Koger Associates, Inc., (Reimer & Koger)

Powell, J.: This appeal arises from a declaratory judgment action by Law Company Building Associates (LCBA) and The Law Company, Inc. (collectively referred to as the Plaintiffs), asking the district court to find that they properly calculated Margaret Russell Law's equity participation share of a real estate sale under a financing agreement entered into between them. Following the parties' cross-motions for summary judgment, the d

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 117,439 ALYSIA R. TILLMAN and STORM FLEETWOOD, Appellants, v. KATHERINE A. GOODPASTURE, D.O., Appellee. OFFICE OF ATTORNEY GENERAL DEREK SCHMIDT, Intervenor. SYLLAB

Leben, J.: Q.S. appeals from the termination of her parental rights to three children. Such rights may be terminated only in circumstances set out by statute and only when clear and convincing evidence supports the termination. Mother claims on appeal that the evidence in this case wasn’t sufficient to terminate her parental rights and that the district court abused its discretion

ACCEPTED 01-15-00320-CV FIRST COURT OF APPEALS HOUSTON, TEXAS

The opinion of the court was delivered by Biles, J.: This is a Medicaid reimbursement appeal under the Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 et seq. (now the Kansas Judicial Review Act, K.S.A. 2011 Supp. 77-601 etseq.). Three corporations, each of which owns a nursing home facility, want their reimbursement rates recalculated because they believe ther

MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. Plaintiff Robert L. Huggins brings claims against medical device companies Stryker Corporation and Stryker Sales Corporation (collectively, “Stryker”). Huggins alleges that pain pumps manufactured and distributed by Stryker, which a surgeon inserted into Huggins’ shoulder following surgery in February 2002, caused chondrolysis (a condition inv

IN THE CASE OF UNITED STATES, Appellee v. Ian J. POMARLEAU, Specialist U.S. Army, Appellant No. 01-0588 Crim. App. No. 9800836 United States Court of Appeals for the Armed Forces Argued February 26, 2002

251 Kan. 88 (1992) 833 P.2d 949 JERRY D. VANIER, d/b/a VANIER, Appellee, v. WILLIAM R. PONSOLDT, d/b/a PEGASUS RANCH; PEGASUS RANCH, INC.; and BETHESDA FARM, INC., Appellants. Nos. 66,276, 66,444 Supreme Court of Kansas. Opinion filed May 22, 1992. Charles R. Hay, of Goodell, Stratton, Edmonds & Palmer, of Topeka, and George W.

258 Kan. 506 (1995) DARCY M. AVES, a minor, by and through Dan J. Aves and Faye E. Aves, her Mother and Father, Natural Guardians and Next Friends; DARCY M. AVES, Individually; and DAN J. AVES and FAYE E. AVES, Individually, Plaintiffs, v. NASREEN B. SHAH, M.D., Defendant, and RON TODD, COMMISSIONER OF INSURANCE, AS ADMINISTRATOR OF THE HEALTH CARE STABILIZATION FUND, Garnishee. No. 73,184 Supreme Cour

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,536 In the Interest of F.C., a Minor Child. SYLLABUS BY THE COURT 1. If the language of a statute is not ambiguous, there is no need to resort to any canons of construction. Instead, the plain and unambiguous language of the statute, as written, governs its applicatio

261 Kan. 239 (1996) 930 P.2d 1 ERIC PEDEN and SHARON L. SMITH, for themselves and all others similarly situated, Appellees, v. STATE OF KANSAS, KANSAS DEPARTMENT OF REVENUE, NANCY PARRISH, Secretary of Revenue of the State of Kansas, and ALISA DOTSON, Director of Taxation of the State of Kansas, Appellants. No. 75,205. Supreme Court of Kansas. Opinion fi

357 B.R. 856 (2006) In re Kelly James TORLINE, Debtor. No. 05-12251. United States Bankruptcy Court, D. Kansas. December 22, 2006. *857 *858 Elizabeth A. Carson, Bruce Bruce and Lehman LLC, Wichita, KS, for Debtor. MEMORANDUM AND ORDER FOLLOWING TRIAL ON OBJECTION TO CONFIRMATION OF DEBTOR'S TH

538 N.W.2d 732 (1995) 248 Neb. 651 Bridgette A. ANDERSON and Candy S. Anderson, By and Through their mother, Cindy ANDERSON/COUVILLON, Appellee and Cross-Appellant, v. NEBRASKA DEPARTMENT OF SOCIAL SERVICES, Appellant and Cross-Appellee. No. S-94-547. Supreme Court of Nebraska. October 20, 1995. *735 Don S

BROSKY, Judge: This appeal is from a declaratory judgment in a civil dispute over insurance coverage of an automobile accident when the automobile was set in motion by a three-year-old child. The parties are the insurer in an automobile policy, appellant, and the insurer in a homeowner’s policy, appellee. *80The court below held that the appellant as writer of the auto

850 F.Supp. 1481 (1994) UNITED STATES of America, Plaintiff, v. Mark M. JACKSON, and Robert Martinez, Jr., Defendants. Nos. 94-40001-01-SAC, 94-40001-02-SAC. United States District Court, D. Kansas. March 30, 1994. *1482 *1483 *1484

237 Kan. 67 (1985) 697 P.2d 1310 MELVIN MOODY d/b/a FOXY LADIES ATHLETIC CLUB, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, and GENE OLANDER, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY, KANSAS THIRD JUDICIAL DISTRICT, and ED RITCHIE, IN HIS OFFICIAL CAPACITY AS SHERIFF OF SHAWNEE COUNTY, Appellees. No. 56,774 Supreme Court of Kansas.