The parents of a special needs student sued the Los Angeles Unified School System on a negligence theory claiming that their daughter, age 9, was sexually assaulted five times by a male classmate during an after-school program in Chatworth in 2010. The assaults occurred in a secluded location on the school grounds and occurred, according to plaintiffs, because L.A. Unified did not adequately staff ... More   $1,400,000 (05-23-2013 - CA)

Joseph W. Mort (“Movantâ€�) was convicted of two counts of first-degree statutory sodomy and sentenced to two consecutive terms of life in prison; he subsequently filed a post-conviction motion under Rule 29.15(a) claiming his trial counsel1 was ineffective for failing to call witnesses, for failing to present evidence that another person caused “any medical evidence,â€� and for misadvising hi ... More   $0 (05-22-2013 - MO)

This case is a derivative shareholder suit brought by appellants, Chris Thygesen and Bruce W. Derrick, Derivatively on Behalf of ClearMediaOne, Inc. and its Shareholders, against appellees, Robert F. Strange, Jr., Robert J. Viguet, Jr.,

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and Thompson & Knight, LLP. In three issues, appellants contend the trial court erred by rendering a take-nothing judgment on the jury’s verdict ... More   $0 (05-22-2013 - )

The Otoe-Missouria Tribe of Oklahoma sued the United States Secretary of the Interior, Dirk Kempthorne, on an Indian Tribal Controversy under 28 U.S.C. 1362 which provides:

The district courts shall have original jurisdiction
of all civil actions, brought by any Indian
tribe or band with a governing body duly
recognized by the Secretary of the Interior,
wherein the matter ... More   $0 (05-22-2013 - )

Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.

Arizona House Bill 2036 (“H.B. 2036â€� or “the Actâ€�), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks. ... More   $0 (05-22-2013 - AZ)

James L. Guthrie (Guthrie) appeals from the trial court’s entry of summary judgment in
favor of Hidden Valley Golf and Ski, Inc., (Hidden Valley) and Peak Resorts, Inc., (Peak
Resorts) (collectively referred to as Defendants) on Guthrie’s claim for personal injuries
following an accident while snow tubing on Defendants’ property. We affirm.

Factual and Procedural Backgro ... More   $0 (05-21-2013 - MO)

The Board of Managers (Board) of the Brentwood Forest Condominium Association (Association) appeals the trial court’s declaratory judgment in favor of unit-owner Sterling Investment Group (Sterling). We reverse and enter judgment in favor of the Board pursuant to Rule 84.14.

Background

The Board is the governing body of the Association, which comprises 1,425 condo units. Sterli ... More   $0 (05-21-2013 - MO)

Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec ... More   $0 (05-21-2013 - MO)

Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec ... More   $0 (05-21-2013 - MO)

This is a legal malpractice case. Brian Nail (“Nailâ€�) appeals the Circuit Court of Jackson County, Missouri‟s (“circuit courtâ€�) grant of summary judgment to respondent Husch Blackwell Sanders, LLP (“Huschâ€�) on Nail‟s petition alleging legal malpractice. On appeal, Nail raises three claims of error: (1) that the circuit court used the wrong legal standard to address Nail‟s burden ... More   $0 (05-21-2013 - MO)

The City of Columbia (City) appeals from the trial court‟s judgment granting Mr. Kenneth Henderson‟s motion to dismiss charges against him under section 5-29 of the Columbia Code of Ordinances for keeping two alligators in Columbia. We find the trial court erred in granting Mr. Henderson‟s motion to dismiss because the City‟s allegations, if proved, could support the charges. We reverse an ... More   $0 (05-21-2013 - MO)

This is a child support case involving two states: Texas, which is home to the father, and North Carolina, where his children currently reside. The trial court dismissed a petition to establish an order for support and concluded that continuing, exclusive jurisdiction was vested in a North Carolina tribunal. The issue on appeal is whether a trial court in Texas may adjudicate the child support obl ... More   $0 (05-21-2013 - TX)

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak�) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt�). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,â€� which is codi ... More   $0 (05-21-2013 - TX)

Appellant Miguel Angel Pappolla agreed to pay contractual alimony to appellee Marcia Julieta Simovich as part of a divorce settlement. When Pappolla failed to make payments required under the agreement, Simovich filed a petition seeking acceleration and payment of the remaining obligation. The trial court granted Simovich’s petition and signed a wage withholding order. In two issues, Pappolla co ... More   $0 (05-21-2013 - TX)

Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City ... More   $0 (05-21-2013 - TX)

Mother appeals the trial court’s order granting Father’s counterpetition to modify the parent-child relationship, in which Father was appointed sole managing conservator of their children V.D.W. and L.D.W. and Mother was appointed possessory conservator of the children. We affirm.

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I. BACKGROUND

On July 16, 2007, the trial court signed the final decree of divorce and appo ... More   $0 (05-21-2013 - TX)

Paula K. Gregory, individually and on behalf of the estates of Darryl Gregory, Jr. and Monique L. Carpenter sued Old Republic Home Protection on negligence wrongful death, breach of implied warranty and unfair and deceptive trans practices theories claiming that both died on November 14, 2008 as a direct result of carbon monoxide poisoning as a result of faulty repair of a heating system where ... More   $0 (05-21-2013 - NC)

The State of Oklahoma charged Matthew Charles Oeth, age 27, with four counts child abuse by injury in violation of 21 O.S. 843.5 in conjunction with alleged abuse of two boys and a girl who were ages 6,4 and 3 when the abuse occurred in August, 2012. Investigators found bruises, bit marks and belt marks on the children.

The mother of the children was charged with permitting the abuse.
More   $0 (05-21-2013 - OK)

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

________________

* After examining the briefs and appellate record, this panel ... More   $0 (05-21-2013 - OK)

Terri Greig brought this medical malpractice action against Dr. Maged Botros in the District of Kansas based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The decedent Michael Greig, Terri Greig’s husband, died from a ruptured aortic dissecting aneurysm, which occurs when the aorta tears. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. ___________________ ... More   $0 (05-21-2013 - KS)

In this copyright infringement case, Enterprise Management Limited, Inc.,1 and Mary Lippitt (collectively Lippitt) appeal from a summary judgment in favor of Donald Warrick. Lippitt contends, contrary to the district court’s holding, she demonstrated a prima facie case of copyright infringement. We agree.

FACTUAL BACKGROUND

This case involves a diagram Lippitt created in the course ... More   $0 (05-21-2013 - CO)

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg ... More   $0 (05-21-2013 - ME)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo ... More   $0 (05-21-2013 - MA)

Julie Anne Hendrix sued John Harvey Burrows on a negligence theory claiming to have been injured and/or harmed as a result of some act, error or omission on the part of Burrows as a direct result of the lack of exercise of due care on this part in Rogers County, Oklahoma.

The claims made and defenses asserted by the parties to this case are not available. ... More   $0 (05-21-2013 - OK)

Spirtas Company was hired to demolish a bridge. It subcontracted the blasting and demolition of the longest span to Dykon Explosive Demolition Corporation. Some of the explosive charges failed. The span was mangled. The full demolition took more time and resources to complete. Spirtas incurred additional costs, and the general contractor withheld some payment from Spirtas. Spirtas made a claim und ... More   $0 (05-21-2013 - MO)

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendaleâ€�) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th ... More   $0 (05-20-2013 - AZ)

This appeal presents the question, inter alia, of whether an entity may compel arbitration on the basis of an arbitration clause in a contract to which it was not a party. Under the circumstances presented by this case, we conclude it may not, and we affirm the order of the district court denying the motion to compel arbitration.

I

Amrish Rajagopalan accumulated approximately $15,000 ... More   $0 (05-20-2013 - WA)

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter “the Plan�), brings this suit against the Plan’s custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter “Merrill Lynch�).

2 No. 12-3869

Despite the fact that he is the Plan’s administrator and sole fiduciary, Johnson alleges that Merrill Lyn ... More   $0 (05-20-2013 - IL)

The State of Oklahoma charged Terry Finch aka "T.J.", age 19, with three counts of assault and batter with a deadly weapon in violation of 21 O.S. 652; possession of firearm after juvenile adjudication in violation of 21 O.S. 1283; and kidnapping in violation of 21 O.S. 741 in conjunction with the robbery of Marcus Goodou, Jr. of money, a ring and a car in July of 2012.

Title 21 O.S. 801 pr ... More   $0 (05-20-2013 - OK)

This case presents a constitutional challenge to Texas’s statutory scheme, which does not allow 18-20-year-old adults to carry handguns in public. We must hold that the state scheme withstands this challenge, because we are bound by a prior panel opinion of this court, NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir. 2012) (hereinafter BATF).

Case: 12-1009 ... More   $0 (05-20-2013 - TX)

1. Plaintiff, William Mark Sorrels, (“Sorrels�), is an individual residing in Canadian County, Oklahoma.

2. Defendant, The City of Oklahoma City, is an Oklahoma municipal corporation and, as such, a political subdivision of the State of Oklahoma.

3. Defendant James Troy Roesler, is an individual resident of Oklahoma County, Oklahoma. At the time of the subject collision, Roesler ... More   $40,000 (05-20-2013 - )

1. This Court has jurisdiction over the parties and subject matter as all acts complained of occurred in Oklahoma County.

2. Peggy Loftis is the mother and next friend of Idaya Johnson a minor at the time of the incident complained up but now over age 18 and she is the guardian of Idaya Johnson.

3. On September 19, 2005 Idaya Johnson presented to the emergency room at Children’s Ho ... More   $0 (05-20-2013 - OK)

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin ... More   $0 (05-20-2013 - FL)

1, On December 7, 2012, a Claim of Lien was filed in the office of the Tulsa County, Oklahoma Clerk, by “Ron Kelley, Builders Realty� and recorded as Document No. 2012017764. A true and correct copy thereof is attached hereto, marked Exhibit “A� and incorporated by this reference.

2. Defendant Great Ideas Unlimited, Inc. is a domestic corporation sometimes using the tradename Builde ... More   $0 (05-18-2013 - OK)

Jan Fontenot appeals the trial court’s summary judgment in favor of Jeffery Gibson on limitations grounds, ruling that, as a matter of law, Fontenot had failed to exercise reasonable diligence in obtaining service of process on Gibson after the applicable limitations period had expired. On appeal, Fontenot contends that the trial court erred in granting summary judgment, because she raised a fac ... More   $0 (05-18-2013 - TX)

In this restricted appeal from a default judgment, RSL sued two former employees, Matthew Date and Shane McCallay, and their business, Structured Capital Investments (“SCI�), for misappropriating RSL’s confidential and proprietary information. RSL’s claims against Date and SCI were severed from

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those against McCallay when Date and SCI failed to answer the suit. McCallay con ... More   $0 (05-18-2013 - TX)

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

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District1 (“HISDâ€�), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebargerâ€�).3 The o ... More   $0 (05-18-2013 - TX)

The State of Ohio charged Ricardo Woods, age 35, with murder with specification in violation of 2903-02A and B, felonious assault with specification in violation of 2903-11A1 of the Ohio statutes; having weapons while under disability in violation of 2923-13A2 of the Ohio statutes and having weapons while under disability in violation of 2923-13A3 of the Ohio statutes in conjunction with the shooi ... More   $0 (05-18-2013 - OH)

The State of New Jersey charged Donald Andrews, age 43, with sexual assault of a woman on Halloween night 2009 after being released from prison after serving 17 years in custody after having been convicted of another sexual assault.

The victim was stranded in Elizabeth and was offered a ride to a train station. She accepted and rather than taking her to the intended destination, she was t ... More   $0 (05-18-2013 - NJ)

Steve Perry sued AMTRAK on a Federal Employer's Liability Act theory claiming to have been injured and/or harmed during his employment with defendant as a result of some negligent act, error or omission on the part of the Defendant.

Court minutes:

04/19/2013 93 MOTION for Leave to File Trial Brief by AMTRAK. (Fields, Jeffrey) (Entered: 04/19/2013)

04/22/2013 94 ORDER g ... More   $365,000 (05-17-2013 - OK)