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)

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...   $0 (07-22-2008 - CA)

On the night of December 26, 2001, Plaintiff-Appellant Julie Beardsley accompanied her husband, Brian Dick, the driver of a tanker truck owned and operated by Defendant-Appellee Farmland Co-Op, Inc. (“Farmland”). After midnight that evening, Dick lost control of the truck and it rolled over. Both Beardsley and Dick suffered severe injuries. Beardsley brought a personal injury action against Fa... More...   $0 (07-21-2008 - WY)

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this ... More...   $0 (07-20-2008 - OK)

Over the past several years, W.L. Winstrom (Bill) and his son, A ndrew Winstrom, have waged war over 8.49 shares of Pennfield Oil Company (Pennfield), a closely held corporation.

Pennfield’s board of directors consisted of B ill; S ydney Winstrom, Bill’s wife and A ndrew’s mother, and A ndrew. This is the second appeal concerning the disputed shares. The battle centered on redemption ... More...   $0 (07-19-2008 - NE)

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective surgery, and when his condition did not improve after returning to work, he took another leave. During his second absence, Gilead filled his position with another employee, and when Peters returned to work, Gilead offered him a different position. He d... More...   $0 (07-17-2008 - IN)

1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t... More...   $0 (06-20-2008 - UT)

Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h... More...   $0 (06-24-2008 - UT)

Domino's is a national pizza franchise. The plaintiffs are owners of various Domino's franchises located in Minnesota, Maine, Missouri, and Ohio. When they became Domino's fra... More...   $0 (06-20-2008 - MN)

This appeal concerns the tension between a church's right to protection under the Free Exercise Clause of the First Amendment and a church member's right to judicial redress under a claim for intentional tort. U.S. Const. amend. I; see also Tex. Const. art. I, § 6. The court of appeals generally affirmed the judgment in favor of the church member, concluding, among other things, that the church wa... More...   $0 (06-28-2008 - TX)

Appellant, Herbert L. Jack, brought suit against appellees, Holiday World of Houston ("Holiday World"), Forest River, Inc. ("Forest River"), and Bank of America, N.A. ("Bank of America"), after he purchased from Holiday World, with financing by Bank of America, a motor home that was built by Forest River. Jack appeals the final judgment of the court. We consider whether the court erred in (1) reco... More...   $126428 (06-25-2008 - TX)

1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender's Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI'... More...   $0 (06-06-2008 - PA)

Fred Weber, Inc. ("Weber") owns and operates a quarry in O'Fallon where blasting is among the operations. Peggy Green and other named plaintiffs reside near Weber's quarry. They filed a petition alleging that the manner in which Weber conducts blasting operations is unreasonable and constitutes a private nuisance. They have sued on behalf of themselves and a proposed "class of persons, with [sic]... More...   $0 (06-19-2008 - MO)

Sheldon Engel, a practicing attorney, appeals from a circuit court order granting the motion of his former client Marsha Loyfman to vacate an agreed settlement order in his suit to enforce an attorney retainer agreement. In addition to granting Loyfman's motion, the court sua sponte dismissed Engel's suit for lack of subject matter jurisdiction. The primary issue on appeal is whether the circu... More...   $0 (06-06-2008 - IL)

Wichita Clinic, P.A., (the Clinic) appeals from a judgment of the trial court holding that its restrictive covenant in an employment agreement was unreasonable and unenforceable. Applying the factors in determining whether to enforce a restrictive covenant not to compete, we determine that the covenant should have been enforced. In addition, the Clinic appeals the trial court's ruling that it brea... More...   $0 (06-16-2008 - KS)

1 Lisa Bybee filed a wrongful death action against Dr. Alan Abdulla, alleging that his negligent care caused her husband, Mark Bybee, to commit suicide. Because Mr. Bybee had entered into an arbitration agreement, Dr. Abdulla filed a motion to enforce the agreement and to compel Mrs. Bybee to arbitrate her wrongful death claim. The district court denied the motion, and Dr. Abdulla appealed. ... More...   $0 (06-13-2008 - UT)

This appeal arises from a dispute over the sale of a certain tract of real property. The principal issue we consider is whether the statute of frauds, Code § 11-2, prohibits the enforcement of the purported oral contract between the parties for the sale of the land. We also consider whether, under the circumstances of the case, principles of equitable estoppel or part performance are applicable so... More...   $0 (06-06-2008 - VA)

Appellant Claude L. Bassett (Bassett) was an assistant football coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic Association (UKAA), alleging conspiracy to violate antitr... More...   $0 (06-13-2008 - KY)

This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating c... More...   $0 (06-12-2008 - MA)

This is the case of "Where's the sign?" In four issues, Appellant City of Argyle ("the City") appeals the denial of its plea to the jurisdiction and asserts that (1) David Pierce (APierce@) and Clear Channel Outdoor, Inc. ("Clear Channel") (collectively, "the Signers") have no standing to bring constitutional property claims because they have no vested property rights; (2) if Pierce and Clear Cha... More...   $0 (05-17-2008 - TX)

Emma Lou Glenn challenges the summary judgment granted in favor of Appellees Nortex Foundation Designs, Inc. and Jerry L. Coffee, P.E. on her claims for breach of implied warranties and negligence in the design of the foundation of her home. Because, under the summary judgment evidence presented, no cause of action exists in favor of Glenn and against Appellees for breach of an implied warranty a... More...   $0 (05-15-2008 - TX)

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)

This is a patent case pertaining to alleged infringement by Microsoft Corp. ("Microsoft") and Dell Inc. ("Dell") of two patents, U.S. Patent No. 5,649,131 ("the '131 patent") and U.S. Patent No. 4,701,954 ("the '954 patent), owned by Lucent Technologies Inc. ("Lucent"). The United States District Court for the Southern District of California granted summary judgment of non-infringement of the '131... More...   $0 (05-08-2008 - CA)

Michael Hadley filed pro se a civil rights complaint under 42 U.S.C. § 1983 against Miami Beach police officers German Gutierrez an... More...   $0 (05-06-2008 - FL)