This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn),1 Red Brick Pizza Worldwide, Inc. (Red Brick Pizz... More...   $0 (10-09-2008 - CA)

We must decide whether a district court abused its discretion in denying a physician a preliminary injunction to halt his temporary suspension from California’s Medi-Cal program based on his claims that such suspension violates federal Medicaid law and is prohibited by the Due Process Clause of the Fourteenth Amendment.

I

A

Medicaid is a cooperative federal-state program tha... More...   $0 (09-23-2008 - CA)

Plaintiff Jimmie Smith’s lower left leg was amputated as a result of injuries sustained while using a Krause Multimatic Ladder purchased at a Home Depot store in Tennessee. In the resulting product liability action, Defendant Home Depot USA, Inc. (“Home Depot”) appeals the district court’s grant of partial summary judgment in favor of Plaintiffs Jimmie and Georgianna Smith (“Plaintiffsâ€... More...   $0 (09-17-2008 - )

United States citizens who pay nonresident tuition for enrollment at California’s public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C... More...   $0 (09-15-2008 - ca)

The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a “privilege to a private corporation” set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the “St. Lucie County Ho... More...   $0 (09-03-2008 - FL)

Plaintiff-Appellant Evangelina Mendez (“Mendez”) and members of her family brought this suit against the County of San Bernardino, the City of Hesperia, the San Bernardino Sheriff’s Department and various individual defendants (collectively, “the County”) under 42 U.S.C. § 1983 and state law, alleging violations of their civil rights. This case arose from the aftermath of an officer-inv... More...   $0 (08-30-2008 - ca)

This appeal requires us to consider the scope of authority granted to municipalities by General Statutes § 7-148 (c) (7) (A).1 In this action for a declaratory judgment and injunctive relief, the plaintiff, the Greater New Haven Property Owners Association,2 appeals from the judgment rendered in favor of the defendant, the city of New Haven (city), following a trial to the court.3 On appeal, the ... More...   $0 (07-29-2008 - CT)

Defendant appeals by right from the order granting summary disposition to plaintiff and awarding plaintiff attorney fees in this no-fault insurance case. We affirm.

This case arose when Kimberly Sterling was either pushed from or jumped out of a moving motor vehicle, hitting the ground and receiving serious brain injuries. Defendant, Sterling’s no-fault insurer, originally refused to pay ... More...   $0 (07-22-2008 - MI)

Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su... More...   $0 (07-21-2008 - CA)

Ralph Nader and one of his supporters in Arizona, Donald Daien
collectively, “plaintiffs”), appeal from the district
court’s grant of summary judgment to Janice Brewer, the Secretary
of State of Arizona. Plaintiffs alleged that two provisions of
Arizona’s statutory election scheme—the requirement that
circulators of nomination petitions be resi dents of Arizona and t... More...   $0 (07-13-2008 - AZ)

The Governor and Attorney General of South Dakota ("the State"), along with the intervenor crisis pregnancy centers, appeal the district court's preliminary injunction preventing the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective. For the reasons discussed below, we vacate the preliminary injunction and remand to the district court for fu... More...   $0 (06-28-2008 - SD)

In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. § 654(b). In the aftermath of this congressional act... More...   $0 (06-12-2008 - MA)

The plaintiffs-appellants are the owners and the agent of a building in Chicago that for more than four decades has displayed an advertising sign without a permit. Current zoning provisions prohibit the sign given its size and proximity to a residential district, but the plaintiffs contend that because the sign was lawful when first erected, they have a right to continue displaying the sign... More...   $0 (05-17-2008 - IL)

Terrance Jewett filed this action under 42 U.S.C. § 1983 against Officer Dale Anders, a Milwaukee police officer. He alleges that Officer Anders unlawfully arrested him and used excessive force in effectuating the arrest in violation of the Fourth Amendment, as made applicable to the states by the Fourteenth Amendment. He also alleges that Officer Anders deprived him of liberty without due ... More...   $0 (04-11-2008 - WI)

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More...   $0 (03-14-2008 - KS)

On November 17, 1997, Margret Mullins contracted with Alice Oates to buy three lots of real property located in Tok.1 The initial contract for sale provided that the purchase price for these properties was $170,000; the down payment was $5,000; the monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per year or five percent, "whichever is less"; Mullins would m... More...   $0 (02-29-2008 - AK)

When the longtime Ector County District Clerk de... More...   $0 (02-01-2008 - TX)

Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant. Plaintiffs asserted violations of their own... More...   $0 (02-01-2008 - MA)

Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed jury instructions relating to liability and punitive ... More...   $850000 (01-31-2008 - CA)

The defendant, Marshall Zidel, appeals his conviction on nine counts of possession of child pornography, see RSA 649-A:3 (2007), arguing that the Superior Court (Lewis, J.) erred in denying his motions to dismiss. We reverse. The following facts were found by the trial court for purposes of ruling upon the defendant's pretrial motion to dismiss or were stipulated to by the parties. At the time he... More...   $0 (01-18-2008 - NH)

Arlinthia White, individually and as personal representative of the Estate of Derrick Ford, filed this action under 42 U.S.C. § 1983. Ms. White alleges that Mark Gerardot, a Fort Wayne, Indiana police officer, violated Ford's Fourth and Fourteenth Amendment rights when he used excessive force to seize Ford. The district court1 denied Detective Gerardot's motion for summary judgment based... More...   $0 (12-11-2007 - IN)

Miriam and Thomas Curnin, who own property but are not registered to vote in the town of Egremont, Massachusetts, appeal from the district court's refusal to grant a preliminary injunction mandating that they be permitted to speak at Egremont's town meeting. Th... More...   $0 (11-29-2007 - MA)

1 This appeal presents our first opportunity to consider the First Amendment rights of internet users to engage in anonymous speech. In doing so, we decide whether the superior court erred by granting a request by appellee Mobilisa, Inc. ("Mobilisa") to discover from appellant The Suggestion Box, Inc. ("TSB"), an Arizona email service provider, the identity of appellant John Doe 1 ("Doe"), a ... More...   $0 (11-29-2007 - AZ)

On August 20, 2004, Henry Sweeney was operating a tractor-trailer rig hauling a load of peas whe... More...   $0 (10-25-2007 - TX)

Plaintiffs-Appellants Beth and Bryan Ward own a child care facility, Kids' Connection, that was the subject of an investigation by the Wyoming Department of Family Services ("DFS"). DFS notified the Wards that several allegations of child care licensing rule violations had been substantiated during the investigation. The Wards disputed these allegations, claiming that the DFS investigator lied ... More...   $0 (07-26-2007 - WY)