We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant’s decedent received (or did not receive) at the Appellee nursing home – treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and remand the cause ... More...   $0 (07-03-2009 - PA)

Michael Filozof sued Monroe Community College on a civil rights violation theory under 42 U.S.C. 2000e claiming that he was fired from his faculty member job at Monroe Community College for expressing strong support for former President George W. Bush and the Iraq war. Plaintiff sought lost wages and back pay, punitive damages, civil penalties, and reinstatement.

Defendant denied that it ... More...   $0 (07-03-2009 - )

Mary Roser, the mother of Mita Smith, sued Dr. Richard Aizpuru, Elmer L. Kruger, Gretchen A. Moen and St. Paul Radiology, P.A. on a medical negligence theory (medical malpractice) claiming that Ms. Smith's heart was damaged by a combination of local anesthetics and sedatives in excessive amounts caused her death. Plaintiff claimed that her daughter, age 23, had been in good health before undergoi... More...   $220000 (07-03-2009 - MN)

Horizon Construction Company, Inc. sued Oklahoma Transportation Authority on a breach of contract theory.

The claims made and defense asserted are not available.... More...   $599500 (07-02-2009 - OK)

US Bank National Association, as Indenture Trustee, sued Eva Maureen Bloomer and Dudley G Rhode on breach of contract theories seeking to foreclose on the property secured by a debt.

The specifics of the claims made and defenses asserted are not available.... More...   $22844 (07-02-2009 - OK)

In 2002, then-Boston Police Commissioner Paul Evans terminated William Broderick as a police captain in the Boston Police Department. Broderick sued and in the district court a jury returned a verdict against Evans under 42 U.S.C. § 1983 (2006) and against the City of Boston under the Massachusetts whistle blower statute, Mass. Gen. Laws ch. 149, § 185 (2009). The defendants now appeal and Brode... More...   $0 (07-02-2009 - MA)

Parsons & Whittemore Enterprises Corporation sued Cello Energy; LLC, Biofuels Operating Co.; LLC, Boykin Trust, LLC; Allen Boykin; Jack W. Boykin on a fraud theory claiming that defendants falsely claimed that they could produce cheap fuel from hay, waste wood and other materials. Plaintiff claimed that Cello Energy built and staffed a plant, but never accomplished what Boykin had long promisedâ€... More...   $7604537 (07-02-2009 - AL)

Larry Reece sued Home Depot on a negligence theory claiming that he fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift and hit him. Plaintiff's medical expenses were about $120,000, including surgery to repair herniated discs. Reece claimed that he was not able to return to work in the construction industry because of his injuries.

The defense... More...   $1500000 (07-02-2009 - GA)

Leo R. Villegas sued Roger Williams Medical Center in Providence, Rhode Island on a medical negligence (medical malpractice) theory claiming that hospital personnel failed to exercise due care in caring for him and, as a direct result, he fell out of a hospital bed and fractured a hip. Plaintiffs claimed that hospital personnel failed to activate the bed alarm and failed to properly train its staf... More...   $4990000 (07-02-2009 - )

Lisa Sheen, age 32, sued the Mainstay Cooperative after she bought an apartment in the building in Flushing in 2004. She claimed that she was discriminated against by the Board of Directors because she is Chinese. She claimed that the Board began a campaign against her and that her boss was told that she should "live with her people" and tried to evict her over repairs other tenants performed wi... More...   $225000 (07-02-2009 - NY)

Byron Chapman (“Chapman”) sued Pier 1 Imports (U.S.), Inc. (“Pier 1 Imports”) under the Americans with Disabilities Act, (“ADA”) 42 U.S.C. §§ 12101 et seq., the Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seq., and the Disabled Persons Act, Cal. Civ. Code §§ 54 et seq., after visiting Pier 1 Imports’s Vacaville, California location (the “Store”) and encountering five ac... More...   $0 (07-01-2009 - CA)

Raymond Lance Briggs sued the Oklahoma Department of Human Services and Youth Services of Eastern Oklahoma for the wrongful death of his daughter, Kelsey Smith-Rogers. He claimed that his daughter was killed by her mother and step-father who abused her physically and that Defendants failed to protect her from that abuse even though it was known to be occurring. Plaintiff alleged a "systemic failu... More...   $625000 (07-01-2009 - OK)

We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) for Labor Code violations must satisfy class action requirements, but that those requirements need not be met when an employee‘s representative action against an employer is seeking civil penalties under the Labor Code Private Attorneys G... More...   $0 (06-29-2009 - CA)

After certification by the appellate division of the superior court, this court ordered the present appeal, six individual cases which have been consolidated, transferred to it. (Cal. Rules of Court, rules 8.1002 and 8.1005.) The respondents are six laborers who worked for an unlicensed drywall subcontractor, Humberto Figueroa Drywall Company (Humberto). Donald Sanders, doing business as Sanders C... More...   $0 (06-29-2009 - CA)

In this case, the appellant, Robert G. Chiu aka Chih Yuan Chiu (Robert), seeks reversal of a judgment entered in favor of the respondent, Vigilant Insurance Company (Vigilant). Robert claims that Vigilant cannot obtain a judgment in this action since he has already been ordered to pay restitution as part of his criminal sentence for grand theft and that the restitution order includes the same amou... More...   $0 (06-29-2009 - CA)

An employer is entitled to adopt a policy specifying “the amount of vacation pay an employee is entitled to be paid as wages,” depending on length of service. (Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 783 (Suastez).) The law permits an employer to offer new employees no vacation time: If an express written company policy forewarns new employees that their compensation package does... More...   $0 (06-29-2009 - CA)

We are asked here to determine whether plaintiff‟s suit alleging the negligence of a public-entity health-care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6) involving actions against public entities, and the Medical Injury Compensation Reform Act (MICRA) (Code Civ. Proc., § 340.5) governing medical negligence suits. Patricia Ann Ro... More...   $0 (06-29-2009 - CA)

Plaintiff James S. Phelps, as trustee of the John Wilson Phelps Trust (trust), challenges the action of respondent Webster J. Guillory, Orange County Assessor (Assessor), in reassessing a shopping center complex (property) held by the trust upon the death of Wilson W. Phelps (Wilson), an income beneficiary of the trust, and the decision of respondent Orange County Assessment Appeals Board No. 1 (a... More...   $0 (06-29-2009 - CA)

Randall Young, his wife, and their minor child have asserted health care liability and derivative claims and appeal the district court’s grant of summary judgment in favor of the defendants (collectively, Memorial) on the element of causation. We affirm.

I

Thirty-seven-year-old Randall Young, a Louisiana resident, attended a motocross event at Reliant Stadium in Houston, and during... More...   $0 (06-29-2009 - TX)

In the fire department of New Haven, Connecticut—asin emergency-service agencies throughout the Nation—firefighters prize their promotion to and within the officerranks. An agency’s officers command respect within the department and in the whole community; and, of course, added responsibilities command increased salary andbenefits. Aware of the intense competition for promotions, New Haven, ... More...   $0 (06-29-2009 - CT)

The Monsanto Company (“Monsanto”) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), approved the genetically modified alfalfa in 2... More...   $0 (06-28-2009 - ca)

Glenda Ann Nixx, age 58, sued BP Chemical on a negligence theory claiming that she sustained disability injuries to her feet when she tripped and fell while walking out of a portable toilet in 2005. She claimed that an improperly installed grate outside the toilet near the BP Chemical docks in Galveston. She claimed that she was no longer able to work as a security guard after the injury and was... More...   $743000 (06-27-2009 - TX)

Derry Brown, Jr., age 65, sued National Casualty Co. on a bad faith breach of insurance contract for failing to pay benefits to him after he was paralyzed in an 2007 accident on State Road 80, when an unidentified vehicle ran a stop sign and cut off Brown, who was hauling a load of sugar in his 1998 Freightliner truck. Brown avoided hitting the unidentified vehicle but his truck ran off the road a... More...   $14600000 (06-27-2009 - FL)

Dennis Davis, age 56, sued the Burlington Northern Santa Fe Railroad Company (BNSF) claiming that the company misled workers who were exposed to carcinogenic chemicals at a railroad tie-manufacturing plant in Somerville, in Burleson County east of Austin. The 100-year-old railroad tie-manufacturing plant is Somerville’s largest employer. Davis worked there from 1971 until 1995. He was diagnosed ... More...   $0 (06-27-2009 - Te)

Shermeker Pollard, individually and on behalf of Trellvion Gaines sued Sherwin-Williams Co. on a products liability theory claiming that her son was harmed as a direct result of having eaten lead-contaminated paint chips.

The defenses asserted by Sherwin-Williams are not available.... More...   $7000000 (06-27-2009 - MS)

Ormco Corporation, et al. sued Align Technology, Inc. on a patent infringment theory claiming that Align's Invisalign teeth straightening system infringed on a patent held by its subsidary Danaher Corporation.... More...   $1 (06-27-2009 - CA)

Defendants Moshen Tavoussi and Orange County Surgery Center, Inc., challenge the trial court‟s denial of their application under Code of Civil Procedure section 473 to vacate a $147,217.07 default judgment against them in favor of plaintiff Carmel, Ltd. (Carmel). Defendants contend the trial court erred when it determined defendants failed to file an attorney affidavit of fault and found they fa... More...   $0 (06-26-2009 - CA)

This appeal concerns whether a defendant is entitled to attorney’s fees as a prevailing party under § 505 of the Copyright Act, 17 U.S.C. § 505, when a plaintiff voluntarily dismisses without prejudice a lawsuit containing copyright claims. In Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941), we held a defendant in a copyright suit was a prevailing party and wa... More...   $0 (06-26-2009 - CA)

In 1997, John Lonberg (“Lonberg”), a paraplegic, initiated a lawsuit against the City of Riverside (“City”), alleging vio- lations of the Americans with Disabilities Act (“ADA”) and its accompanying regulations. The district court divided the lawsuit into three phases. Phase one, the only phase at issue in this appeal, concerns Lonberg’s claim that the City’s plan to achieve ADA co... More...   $0 (06-26-2009 - ca)

The City of Heflin sued Heflin and Tracy Lambert on a declaratory judgment theory seeking to establish the ownership of a street. The city claimed that Lambert and Ashton Place did not recognize Elliott Drive as a public road and there existed a dispute over ownership of portions of the street.


Defendants denied that the City owned the street and counterclaimed for $196,550 maintaining ... More...   $5000 (06-26-2009 - AL)

Carol Salisbury sued Patricia Culver on an auto negligence theory seeking damages for the injuries and damages sustained by her in an auto accident in Centralia, Illinois in May 2005 when Culver ran into the rear of her car.

The defenses asserted by Culver are not available.

The claims made and defenses asserted by the parties are not available.... More...   $8400 (06-26-2009 - IL)

The Father of two girls molested by Paul Losee in 2002 brought suit for the damages sustained by the girls and by him. Plaintiff claimed that Defendant molested the girls many times.... More...   $0 (06-26-2009 - LA)

State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farm‟s insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena... More...   $0 (06-25-2009 - CA)

This lawsuit arises from the efforts of defendant National Credit Acceptance, Inc. to collect a consumer debt from plaintiff Anastasiya Komarova that she did not owe. We review alleged debt collection abuse in the context of a mistaken identity case. Defendant appeals (A121316) from the judgment for plaintiff on jury verdicts finding defendant liable for violations of the Robbins-Rosenthal Fair De... More...   $0 (06-25-2009 - ca)

Code of Civil Procedure1 section 1987.5 provides that “[i]n the case of a subpoena duces tecum which requires appearance and the production of matters and things at the taking of a deposition, the subpoena shall not be valid unless a copy of the affidavit upon which the subpoena is based and the designation of the materials to be produced, as set forth in the subpoena, is attached to the notice ... More...   $0 (06-25-2009 - CA)

The question presented by this case is whether an in-jured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure.Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those dam-ages available under the Jones Act, 46 U. S. C. §30104.We disagree. Historically, punitive damages have beenavailable and award... More...   $0 (06-25-2009 - DC)

These consolidated cases arise from litigation that be-gan in Arizona in 1992 when a group of English Language-Learner (ELL) students in the Nogales Unified School District (Nogales) and their parents filed a class action, alleging that the State was violating the Equal Educational Opportunities Act of 1974 (EEOA), §204(f), 88 Stat.515, 20 U. S. C. §1703(f), which requires a State “to take app... More...   $0 (06-25-2009 - AZ)

We must decide whether a distributor of Internet security software is entitled to immunity under the safe harbor provision of the Communications Decency Act of 1996, 47 U.S.C. § 230, from a suit claiming that its software interfered with the use of downloadable programs by customers of an online media company.

Zango, Inc. (Zango) is an Internet company that provides access to a catalog of ... More...   $0 (06-25-2009 - WA)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo... More...   $0 (06-24-2009 - CA)

We must decide whether admiralty jurisdiction exists over tort claims by two women who were seriously injured when thrown off a jet-propelled Sea-Doo personal watercraft, allegedly operated negligently, on navigable waters in an area of San Diego’s Mission Bay that is reserved for the use of such vessels. The district court thought not, but we believe both the location of the accident and its co... More...   $0 (06-24-2009 - CA)

This appeal presents the question, inter alia, of whether the charitable gift annuities sold in this case were investment contracts under federal securities law. We conclude they were, and we affirm the judgment of the district court.

I

Not only did Robert Dillie promise his investors “a gift for your lifetime and beyond,” he pledged “preservation of the American way of life,â€... More...   $0 (06-24-2009 - AZ)

In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Center’s street performers. We consider today the constitutional validity of some of those rules.

Among other provisions, the n... More...   $0 (06-24-2009 - WA)

The district court1 granted summary judgment to Robert Portell on his claim for a severance package under his employment agreement with AmeriCold Logistics, LLC (“AmeriCold”), after determining that AmeriCold’s attempt to revoke its notice of non-renewal was ineffective and finding that AmeriCold terminated Portell’s employment without cause. AmeriCold appeals, and for the reasons discusse... More...   $0 (06-24-2009 - MO)

Philip Bodenstab sued Cook County and Cook County Hospital’s Chief Operating Officer, Lacy Thomas, and Medical Director, Bradley Langer, after he was fired from his position as an anesthesiologist at Cook County Hospital (now known as Stroger Hospital). Bodenstab alleged he was fired in violation of the Americans with Disabilities Act (“ADA”), and for exercising his First Amendment rights. B... More...   $0 (06-24-2009 - IL)

The plaintiffs, a couple named Cunningham, appeal from the dismissal, on the defendants’ motion for summary judgment, of a suit for common law nuisance. Jurisdiction is founded on diversity of citizenship. Indiana law would govern the substantive issues if there were any—but the only issues presented by the appeal are procedural.

From 1986 to the beginning of 2004, the plaintiffs operat... More...   $0 (06-24-2009 - IN)

The goal of a mortgage flipping scam is to deceive a potential lender about the value of the collateral. Go-between G finds a building for sale and arranges its sale to Buyer B for more than its market value. B borrows the money for the purchase, assisted by Appraiser A, who certifies to the lender that the property is worth more than the actual purchase price. Someone else (if not G himself) cert... More...   $0 (06-24-2009 - IL)

Plaintiff-Appellant Jeffrey Reed appeals the district court’s order granting summary judgment in favor of Defendant-Appellee International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”). Reed claims that UAW, in violation of Title VII of the Civil Rights Act of 1964, failed to provide a reasonable accommodation for his religious objection to financi... More...   $0 (06-24-2009 - MI)

Las Vegas Metropolitan Police Detective Dolphus Boucher, with the approval of Clark County Deputy District Attorney Elissa Luzaich, forcefully extracted a DNA sample from Kenneth Friedman. The officer did not have a warrant or a court order authorizing the taking of the sample, nor was Friedman under any suspicion of a crime for which a DNA sample might be justified. The extraction occurred simply... More...   $0 (06-23-2009 - NV)

Jared Dillon, a former employee of Mountain Coal Company, L.L.C., won a jury verdict against Mountain Coal and its parent companies (collectively, “Mountain Coal”) on his claims of discrimination under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. Thereafter, the district court granted Mountain Coal’s motion for judgment as a matter of law, concluding th... More...   $0 (06-23-2009 - CO)

This case concerns a home improvement contract dispute. The matter was referred to attorney fact finder Tegan Blackburn, who filed a report, on the basis of which the trial court subsequently rendered judgment awarding only a portion of the damages claimed by the plaintiff, Kendall R. Lewis, against the defendant Frazao Building Corporation (Frazao Building) and no damages against the individual d... More...   $0 (06-23-2009 - CT)

The defendant, Richard B. Laschever, appeals from the judgment of the trial court rendered following its granting of the motion for judgment filed by the substitute plaintiff Mark S. Rosenblit.1 The plaintiff’s motion asked the court to enter a judgment in the amount of $15,000 in his favor on the basis of a settlement agreement between the parties. The defendant argues on appeal that the court ... More...   $0 (06-23-2009 - CT)

This case concerns numerous claims arising out of a contract between an investor and a builder for the construction and sale of a luxury home in Westport.

The investor has filed a multicount complaint for the return of his investment and for monetary damages because, although the home belatedly has been completed, bank foreclosures have left the property financially ‘‘under water.’â... More...   $0 (06-23-2009 - CT)

These are consolidated appeals. The plaintiff, Robert J. Rossman, brought an action arising from a business dispute with the defendants Guardian Alarm Services, Inc. (Guardian Alarm), Tracy Emro, Jerome Terracino and Thomas Terracino and Patricia A. Morasco, Jerome Terracino’s son and wife, respectively.

Guardian Alarm brought a counterclaim against the plaintiff. The jury found in favor ... More...   $0 (06-23-2009 - CT)

Alfred McZeal, Jr., d/b/a International Walkie Talkie (“McZeal”), appeals the judgment of the United States District Court for the Southern District of Texas dismissing his complaint for failure to state a claim and for want of prosecution. McZeal v. Sprint Nextel Corp., No. 06-CV-1775, slip op. at 2 (S.D. Tex. Mar. 14, 2008) (“Final Dismissal Memorandum”). While we conclude that the dismi... More...   $0 (06-23-2009 - TX)

The plaintiff in this case is a small utility district rais-ing a big question—the constitutionality of §5 of the Vot-ing Rights Act. The district has an elected board, and is required by §5 to seek preclearance from federal authori-ties in Washington, D. C., before it can change anything about those elections. This is required even though there has never been any evidence of racial discrimina... More...   $0 (06-23-2009 - DC)

The Individuals with Disabilities Education Act (IDEA or Act), 84 Stat. 175, as amended, 20 U. S. C. §1400 et seq.,requires States receiving federal funding to make a “free appropriate public education” (FAPE) available to all children with disabilities residing in the State, §1412(a)(1)(A). We have previously held that when a public school fails to provide a FAPE and a child’s parentsplac... More...   $0 (06-23-2009 - DC)

Plaintiff Juan Johnson was convicted of murder at age 21 based on five eyewitness identifications procured by the Defendant police officer Guevara. Plaintiff eventually won a new trial, and as acquitted, but before he had already served 11.5 years in prison.

At trial, Plaintiff alleged that the Defendant coerced the eyewitnesses to make false identification. The Defendants contended tha... More...   $21015000 (06-22-2009 - IL)

B&B Hardware (“B&B”) appeals the district court’s dismissal, on collateral estoppel grounds, of its trademark infringement action filed against Hargis Industries (“Hargis”). For the reasons explained herein, we reverse the dismissal and remand this matter to the district court for further consideration.

I.

In 1990, B&B began manufacturing and selling a fastener product unde... More...   $0 (06-22-2009 - AR)

These cases require us to address two questions under the Clean Water Act (CWA or Act). The first is whether the Act gives authority to the United States Army Corps ofEngineers, or instead to the Environmental Protection Agency (EPA), to issue a permit for the discharge of min-ing waste, called slurry. The Corps of Engineers hasissued a permit to petitioner Coeur Alaska, Inc. (Coeur Alaska), for a... More...   $0 (06-22-2009 - dc)

This case came before the Supreme Court on May 6, 2009. The defendant, Stephen T. Lawrence (defendant or Lawrence), and the plaintiffs, William A. Hilley and Toni Lynn Hilley (collectively plaintiffs or Hilleys), own adjacent undeveloped lots in a subdivision in the Town of Tiverton.2 The plaintiffs claimed that the defendant does not have the right to pass over their land to gain access to his pr... More...   $0 (06-22-2009 - RI)