In this case, we consider whether Virginia’s "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced... More...   $0 (07-03-2009 - VA)

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)

This case involves a challenge to the City of Detroit’s zoning and sign ordinances by an adult cabaret operating in the City’s central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.

Although the district court held th... More...   $0 (06-15-2009 - MI)

This civil suit arises from the fatal shooting of Michael Goodman (“Michael”) by Harris County, Texas, Deputy Constable Terry Ashabranner (“Ashabranner”). Jeanette Goodman (“Goodman”), Michael’s mother, appeals from the district court’s grant of summary judgment in favor of Harris County and Constable Ron Hickman (“Hickman”) on her Texas Tort Claims Act (“TTCA”) causes of a... More...   $0 (06-10-2009 - )

The issue in this case is jurisdiction. Christi Turpin, a former graduate student of Southern Illinois University (SIU), sued two deans and a professor in

We freely admit 1 to having absolutely no clue as to what her dissertation was all about. Its title—The Link Between Vocational Rehabilitation Counselors Who Utilize Performance Technologies Competencies and the Resulting Impact Upon Th... More...   $0 (06-05-2009 - IL)

This appeal arises from the termination of employment of appellant, Bruce M. Venter, as the Chief Business Officer (“CBO”) for the Howard County Public Schools System (“HCPSS”) by the Superintendent of HCPSS, John O’Rourke. Specifically, appellant appeals from the Order of the Circuit Court for Howard County, dated January 11, 2007, affirming the Opinion issued by the Maryland State Boar... More...   $0 (06-03-2009 - )

Two municipalities in Illinois ban the possession of most handguns. After the Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), that the second amendment entitles people to keep handguns at home for self-protection, several suits were filed against Chicago and Oak Park. All were dismissed on the ground that Heller dealt with a law enacted under the authority of the nati... More...   $0 (06-02-2009 - IL)

This appeal arises out of plaintiff Tammy Fields’s suit under 42 U.S.C. § 1983, which alleges that defendants conspired to prevent her from being hired as the local director of a county department of social services ("DSS") because of her political affiliation and in violation of her First Amendment rights. Defendants have appealed the district court’s denial of their motions for summary judg... More...   $0 (05-21-2009 - VA)

Alexander Kogan (“Mr. Kogan”), Phillip Kogan, IPD Sales & Marketing, LLC1 (“IPD”), OOO Air Structures American Technologies and Investment (“Air Structures”) (collectively the “Kogan Parties”)2 and Klaudia Kogan (“Mrs. Kogan”) appeal from the judgment of the trial court confirming the arbitration award issued in the dispute between the Scharf Parties3 and the Kogan Parties and ... More...   $0 (05-05-2009 - MO)

8 Plaintiffs-Appellants appeal from the judgment of the United States District Court for the
9 Eastern District of New York (Charles P. Sifton, Judge), granting defendants’ motion for
10 summary judgment and dismissing plaintiffs’ Amended Complaint. At issue in this litigation is
11 an amendment to the Charter of the City of New York, entitled Local Law 51, which was passed
12 ... More...   $0 (04-28-2009 - NY)

Plaintiff Gigi Marie Somers (Somers) appeals from an order denying her petition for change of gender on her California birth certificate under Health and Safety Code section 103425.1 The court denied the petition on the basis that the statute requires a petitioner to file in the county of his or her residence, and plaintiff resides in Kansas. Kansas does not permit a change of gender on a birth ce... More...   $0 (04-14-2009 - CA)

In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court.

I. Background Facts and Proceedings.

This... More...   $0 (04-08-2009 - IA)

Section 25.082(d) provides for a mandatory moment of silence to be observed in Texas schools in which a student may “as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.” TEX. EDUC. CODE § 25.082(d). The provision, which became effective September 1, 2003, is a subsection of a broader statute ... More...   $0 (03-17-2009 - TX)

This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island.

In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site... More...   $0 (03-13-2009 - RI)

Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family’s attempts to gather judicial candidates’ views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situation... More...   $0 (03-08-2009 - FL)

Patricia Barachkov, Nancy Englar and Carol Diehl, employees of the 41B District Court in Clinton Township, Michigan, were fired from their jobs in July 2004. Following their terminations, Appellants filed an action under 42 U.S.C. § 1983, alleging that Appellees had violated Appellants’ First and Fourteenth Amendment rights by ending their employment because of interview statements Appellants m... More...   $0 (02-20-2009 - MI)

California’s eminent domain law permits acquisition of property only for “a particular use,” to wit: a “proposed project.” (Code Civ. Proc., §§ 1240.020, 1240.030.)1 A public entity desiring to condemn private property must pass a “resolution of necessity” (§ 1240.040) that describes the proposed project and contains findings that the proposed project is necessary for the greater ... More...   $0 (02-13-2009 - CA)

This case involves the enforcement of municipal ordinances forbidding any person, with certain exceptions, from selling goods or merchandise on the streets, in the parks, or on other city property against a visual artist selling his own work.1

I. Background

According to the first amended complaint, which for purposes of this appeal of the grant of a motion to dismiss we assume to be ... More...   $0 (02-06-2009 - UT)

This is an appeal from the district court’s denial of Nurse Renella Thomas’ motion for summary judgment on qualified immunity grounds. Plaintiff Kelli Bertl, representative of the estate of Larry Bertl, brought a 42 U.S.C. § 1983 claim against Thomas and other defendants, alleging deliberate indifference to Bertl’s medical needs. The district court rejected Thomas’ qualified immunity defe... More...   $0 (02-02-2009 - MI)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...   $0 (01-13-2009 - WV)

Plaintiff, the West Virginia Association of Club Owners and Fraternal Services, Inc., brought this suit on behalf of its members which include certain clubs, restaurants, convenience stores, and fraternal organizations with alcohol licenses who are also state-licensed limited video lottery retailers. Plaintiff sought invalidation of West Virginia’s restrictions on limited video lottery advertisi... More...   $0 (01-12-2009 - va)

Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court’s standing jurisp... More...   $0 (12-31-2008 - CA)

In this case, we consider the assessment of attorney fees for “overdue” benefits under Michigan’s no-fault insurance statutes. MCL 500.3101 et seq.1

Under these statutes, personal protection insurance benefits become “overdue” when an insurer fails to pay “within 30 days after an insurer receives reasonable proof of the fact and of the amount of loss sustained.” MCL 500.3142(2... More...   $0 (12-30-2008 - MI)

In this state-law libel and negligence action, the Appellants—officials from New York City and various investigators hired by the City to conduct investigations in Georgia—appeal the district court’s order concluding that Georgia privilege law applies to this case and that Georgia’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute does not apply in federal court. Becaus... More...   $0 (12-19-2008 - AL)

¶1 The United States District Court for the Eastern District of Oklahoma certified five questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601-1611,2 seeking clarification of our holding in Saint v. Data Exchange Inc., 2006 OK 59, 145 P.3d 1037. We consolidated and reformulated3 them into the two aforementioned questions.

¶2 The ... More...   $0 (12-16-2008 - )