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.,

2

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)

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.

2

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...   $40000 (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

2

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

2

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...   $365000 (05-17-2013 - OK)

Todd R. Irwin sued Kathy L. Duvall on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Rogers County, Oklahoma caused by Duvall.

The specifics of the claims made and defenses asserted are not available.... More...   $1 (05-17-2013 - OK)

I. That the defendant City of Oklahoma City is a municipal corporation organized and existing under and by virtue of the laws of the State of Oklahoma.

II. That on November 6, 2012, claimant’s vehicle was damaged when it rollec into a bar ditch at or near the 8100 block of S Eastern Avenue. Claimant alleges damages in the amount of Five Thousand One Hundred Twenty-Nine and 50/100 Dollars ... More...   $0 (05-17-2013 - OK)

I. That the defendant City of Oklahoma City is a municipal corporation organized and existing under and by virtue of the laws of the State of Oklahoma. II That on January 6, 2012, claimant’s decorative sidewalk was damaged Ey a City crew and when it was replaced it was not the same color as the original sidewalk and 1 he recessed lights along the sidewalk were not replaced at 3828 NW 67th Street... More...   $0 (05-17-2013 - OK)

1. On or about December 28, 2009, in Oklahoma County, Oklahoma, the minor child was injured due to the negligence of the Defendant Michael Baker.

2. As a result of the negligence of the Defendant, the minor Plaintiff i equired medical attention, and the minor Plaintiffs parent and next friend incurred certain expenses for the care of the minor Plaintiff.

`WHEREFORE, Plaintiff pra... More...   $38958 (05-17-2013 - OK)

1. That Petitioner brings this action pursuant to 11 O.S. 2001. § 42-111 and seeks an Order from the Court foreclosing The City of Oklahoma City’s aosolute right to reopen a portion of that certain public right of way (the “Portion of Righi of Way to be Vacated�) described on Exhibit 1 and depicted on Exhibit 2, both attached hereto and made a part hereof.

2. That pursuant to 11 O.S.... More...   $0 (05-17-2013 - OK)

I. On or between May 9, 2011 and June 9, 2011, the minor Alyssa Pawker, received dental care and treatment provIded by Ryan T. Higley, D.D.S. and allegedly sustained injuries and other damages. As a result of the provision of dental care and treatment, Lisa Thomas, as parent and next friend of Alyssa Parker, has asserted a claim against the Defendant, Ryan T. Higley, D.D.S. This claim is disputed ... More...   $0 (05-17-2013 - OK)

1. On January 6, 2012 the Carter L. Cook was operating a motor vehicle in Washita County, Oklahoma. A vehicle owned and operated by the State of Oklahoma, by and through its employee then acting within the scope of his employment negligently pulled into the path of the vehicle operated by Carter L. Cook. As a result of the defendant’s negligence a collision occurred and Carter L. Cook died from ... More...   $175000 (05-17-2013 - OK)

Barrington Humphrey is the named defendant in a mortgage foreclosure suit filed by Deutsche Bank National Trust Co. On Humphrey's motion, the circuit court quashed the service of process on him. In its order, the circuit court also directed Humphrey to provide his current address to the Bank. Humphrey challenges this

- 2 -

provision on appeal. The Bank has neither appealed the quasha... More...   $0 (05-17-2013 - FL)

Andre Sas appeals the trial court's final judgment of foreclosure in favor of Federal National Mortgage Association (Fannie Mae). Although Sas raises several challenges to the final judgment, we find merit in only one of his arguments. Sas argues that Fannie Mae representative Jon Greenlee's oral testimony about the amount of the debt owed by Sas to Fannie Mae was hearsay and, therefore, legally i... More...   $0 (05-17-2013 - FL)

The petitioner, the defendant in an automobile negligence action, seeks a writ of certiorari to quash the trial court’s order overruling her objection to discovery of her 2 medical records. The order subject to the petition requires disclosure of two distinct groups of records: (1) the petitioner’s pharmacy records for the one-year period preceding the date of the subject automobile accident, ... More...   $0 (05-17-2013 - FL)

At issue in this workers’ compensation appeal is whether Claimant’s attorney is entitled to be paid an attorney fee by the Employer/Carrier (E/C) under section 440.34(3)(b), Florida Statutes (2008), based on petitions for benefits filed

2

on July 20, 2009, and November 17, 2009. Because competent substantial evidence (CSE) supports the finding that Claimant’s counsel did not se... More...   $0 (05-17-2013 - FL)

This case is unusual, in part, because of the incentives established under the Florida Birth-Related Neurological Injury Compensation Association (“NICAâ€�) statute, sections 766.301-316, Florida Statutes, which sets forth an administrative process for infants who sustain severe birth-related neurological injuries to establish their eligibility for NICA plan benefits. Emma Johnston suffered perm... More...   $0 (05-17-2013 - FL)

A jury convicted Bradric Givante Dwarren Fransaw of four counts of aggravated sexual assault and assessed his punishment at ninety-nine years’ imprisonment on each count. See Tex. Penal Code § 22.021(a)(1)(A)(i), (ii), (2)(A)(iv).

Fransaw’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit. The brief ... More...   $0 (05-17-2013 - TX)

American Civil Liberties Union of Arkansas and the Center for Reproductive Rights sued the State of Arkansas seeking to enjoin enforcement of a new Arkansas law that bans most abortions 12 weeks into a pregnancy. ... More...   $0 (05-17-2013 - AR)

The State of Missouri charged James Michael Helderle, age 22, with burglary, forcible sodomy, felonious restraint and armed criminal action in conjunction with tying up and sexually assaulting a woman in her apartment after he was fired from his cable repair job for asking her for a date while in her apartment to install cable service.... More...   $0 (05-17-2013 - MO)

The State of Alabama charged Carlos Edward Kennedy, age 27, with first-degree capital murder in conjunction with the death of Zoa White, who was beaten to death in her home in June of 2010. Police identified Kennedy from palm and fingerprints at the scene of the crime in addition to his DNA in blood samples.

Section 13A-6-2 of the Code of Alabama provides: Section 13A-6-2 - Murder.

(... More...   $0 (05-17-2013 - AL)

The State of Oklahoma charged Desjuante Deceres Boyd, age 19, with first-degree murder in violation of 21 O.S. 701.1 and two counts robbery with a firearm in violation of 21 O.S. 801 in conjunction with the shooting death of Shawn Hunt on August 16, 2011 in the parking lot of a Wal-Mart Store in Tulsa, Oklahoma. ... More...   $0 (05-17-2013 - OK)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

Kerry Bacon and Marion Dees d/b/a C & W Trucking and Olene Gordon on auto negligence theories claiming to have been injured and/or damaged as a direct result of a car truck wreck in Oklahoma County caused by Gordon.

Defendants appeared and answered as follows:

1. Defendants are without sufficient information to admit or deny Paragraph 1 of Plaintiff’s Petition.

2. Upon infor... More...   $0 (05-16-2013 - OK)

1. That the Plaintiff; Kevin Wayne Haddock, is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant, John Christopher Shively is a resident of Oklahoma County, State of Oklahoma.

3. That on or about the 10th day of March, 2012, in Oklahoma City, Oklahoma, Plaintiff Kevin Haddock was operating his bicycle southbound on North Western in the outside lane near NW 122nd... More...   $25000 (05-16-2013 - OK)

1. On or about the 24th day of November, 2005, in Oklahoma County, State of Oklahoma, at Fancy’s, premises located at 1900 SE 59th Street, Oklahoma City, Defendant Young intentionally and negligently broke a glass that Plaintiff Liles was holding, causing her significant injury.

2. As a result of Plaintiffs negligence, Plaintiff, Briana Liles suffered damages as follows:

a. Medical... More...   $0 (05-16-2013 - OK)

1. Plaintiffs are citizens of the State of Oklahoma, County of Lincoln at the time of the filing of this action.

2. Defendant, DAVID SCHOW, is a citizen of the State of Oklahoma, County of Oklahoma at the time of the alleged tort action.

3. The incident complained of occurred in Oklahoma County.

WHEREFORE, Oklahoma courts may properly exercise in personam jurisdiction ov... More...   $1 (05-16-2013 - OK)

1. Plaintiffs were residents of Oklahoma County, State of Oklahoma at the time of the subject incident. The incident, giving rise to this cause of action, occurred on or about June 10, 2009, in Oklahoma County. The Plaintiffs allege bodily injuries and property damage as a result of the subject motor vehicle collision in an amount in excess of Ten Thousand Dollars ($10,000.00), exclusive of costs ... More...   $0 (05-16-2013 - OK)

1. That she has previously filed a case in Oklahoma County under Case No, CJ-2010-l068 against the same Defendants. That case was dismissed without prejudice on June 2, 2011.

2. Plaintiff has signed an affidavit in compliance with 12 O.S. §19, attached hereto as Exhibit A.

3. That Ella Owens is a resident of Oklahoma County, Oklahoma.

4. That the Defendant, Orthopedic A... More...   $0 (05-16-2013 - OK)

1. Plaintiff is a resident of Oklahoma City, Oklahoma County, Oklahoma; Defendant Jonathan Craig Lucas is a resident of Edmond, Oklahoma County, Oklahoma; all acts and omissions giving rise to this action occurred in Cleveland County, Oklahoma; and the amount in controversy exceeds $10,000.00, exclusive of interest, costs, and attorney fees.

2. On or about September 18, 2011, at approximate... More...   $0 (05-16-2013 - OK)

On September 12, 2010, Plaintiff Edgar Andrade, was using a lug wrench designed, rnnufactured, distributed, sold and/or p[accd into the stream of commerce by Defendant.

2. While using the wrench, the wrench socket split causing Plaintiff to stumble, breaking his right ankle.

3. The wrench was defective in design and/or manufacture. Said defect existed when the wench left the hand... More...   $1 (05-16-2013 - OK)

1. That the Plaintiff; Tamara Chandler is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant, Isauro Garcia, is a resident of Oklahoma County, State of Oklahoma.

3. That on or about the 25th day of August, 2011, in Oklahoma County, Oklahoma, Plaintiff Tamara Chandler was driving a 2008 Black Dodge Challenger and was traveling westbound on S.W. 44th Street in Okla... More...   $15000 (05-16-2013 - OK)

1. That at the time of the accident herein described, Plaintiff is a resident of Lawton, Comanche County, Oklahoma and the Defendant is a resident of Moore, Oklahoma County, Oklahoma, That the accident that gives rise to this action occurred in Oklahoma City, Oklahoma County, Oklahoma, therefore this court has jurisdiction.

2. That on or about October 27, 2010, both Plaintiff, as a passenge... More...   $0 (05-16-2013 - OK)