Lespia King, a former deputy in the sheriff’s office for the
City of Roanoke, Virginia, sued Sheriff George McMillan in
his official capacity under Title VII for sexual harassment and
in his individual capacity under Virginia law for battery.
While King’s suit was pending, Octavia Johnson replaced
McMillan as sheriff, and the district court substituted Johnson
as the de... More...   $0 (02-03-2010 - WV)

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail ... More...   $0 (02-03-2010 - NY)

In late 1999, J. Krist Schell and Thomas W. Kent (the appellant here) formed a Nevada corporation, Bradley Reed Lumber, LLC, to import Russian lumber for sale in New England. Schell originally had a one-third interest, Kent the remainder, and the company soon borrowed a quarter of a million dollars from Edward M. Myslik. The two owners personally signed the note and a separate guarantee, and Kent ... More...   $0 (02-03-2010 - NH)

According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia... More...   $0 (02-03-2010 - MA)

In this marital dissolution action, the plaintiff, Janak C. Desai, appeals from the judgment of the trial court dissolving his marriage to the defendant, Hemangini K. Desai. The plaintiff claims that the court improperly (1) ordered joint custody while (a) ordering that the defendant be the ultimate decision maker and (b) determining that the minor child’s primary residence be with the defendant... More...   $0 (02-02-2010 - CT)

In this consolidated appeal, the defendant, Stephen P. Marshall, appeals from the judgments of the trial court dissolving his marriage to the plaintiff, Sara S. Marshall, and granting her motion to strike his petition for a new trial.1 On appeal, the defendant claims that the court improperly: (1) precluded a future court from considering the plaintiff’s income in a motion to modify alimony, (2)... More...   $0 (02-02-2010 - CT)

Appellant, Lean Forward Media (“LFMâ€�), appeals from the district court’s August 22, 2008 denial of its motion for summary judgment regarding the construction of the Option and License Agreement (the “Agreementâ€�) entered into by the parties, and from the court’s May 20, 2009 denial of its motion to withdraw or defer judgment based on its affirmative defense of unclean hands. LFM also ch... More...   $0 (02-02-2010 - NY)

Plaintiff, James C. Pazenza, Sr., commenced this action under the Americans with Disability Act of 1990 (“ADAâ€�), the Age Discrimination in Employment Act of 1967 (“ADEAâ€�), and the New York State Human Rights Law (“NYSHRLâ€�). He alleges that Defendant (“IBMâ€�) discriminated against him on the basis of his age and his disability when it terminated him. On April 2, 2009, the United Stat... More...   $0 (02-02-2010 - NY)

Appellee First Unum Life Insurance Company (“First Unumâ€�) commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISAâ€�), 29 U.S.C. § 1001 et seq. and state law, seeking to recover long-term disability benefits that it paid to appellant Teah Wulah. The parties consented to have the matter resolved before a magistrate judge of the Southern District of New York (F... More...   $0 (02-02-2010 - N.)

This case concerns the National Park Service’s decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park. Plaintiffs contend that such motorized activities impair the wilderness character of the Canyon and that the Park Service’s decision violates its management policies and various federal statutes. Plaintiffs asked the District Court to set a... More...   $0 (02-02-2010 - AZ)

In 1988, Ronald Williamson and Dennis Fritz were wrongly convicted of the rape
and murder of Debra Sue Carter. Both men were later exonerated after spending over a
decade in jail. Their painful story caught the attention of renowned legal-fiction author
John Grisham, who wrote a book about Williamson appropriately titled The Innocent
Man. Fritz also wrote a book, Journey Toward Jus... More...   $0 (02-01-2010 - )

Janice Norwood, a former employee of the United States Postal Service (USPS), appeals from an order of the District Court1 granting summary judgment to the USPS and denying her post-judgment motion in this disability-discrimination action. We conclude that Norwood's arguments for reversal are unavailing. First, the District Court did not err in declining to consider the four volumes of material No... More...   $0 (02-01-2010 - )

Appellant Gregory Scott Chapman sued appellee Martha Browder for injuries Chapman allegedly sustained in an automobile accident. The jury found that Browder was not negligent and did not award any damages to Chapman. Chapman then filed this appeal, in which he contends the jury's findings of no negligence and no damages were against the great weight and preponderance of the evidence. We affirm.More...   $0 (02-01-2010 - TX)

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Seaâ€�) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Blockâ€�) raise a cross-point challenging the denial of their motion for j... More...   $0 (01-31-2010 - )

JNY, L.P. and JNY II, L.P., collectively JNY, appeal the trial court’s order dismissing with prejudice the negligence counterclaims alleged against Raba-Kistner Consultants, Inc., and Raba-Kistner-Anderson Consultants, Inc. d/b/a Raba-Kistner Consultants (SW), Inc., collectively Raba-Kistner. For the reasons that follow, we reverse and remand.

FACTUAL BACKGROUND

In the ... More...   $0 (01-31-2010 - )

Sterling Wayne Wyatt appeals from a grant of summary judgment and award of attorney's fees to appellee, Capital One Auto Financing ("COAF"). Wyatt purchased a car from Waco Auto Imports ("WAI"), which then assigned Wyatt's purchase contract to COAF. Wyatt refused to recognize the validity of the assignment and consequently refused to tender his monthly car payments to COAF. COAF eventually reacqu... More...   $0 (01-30-2010 - TX)

This appeal arises from a suit to clear title to a 50-acre tract of land. The parties, or their predecessors in interest, have been in litigation over this land for more than 30 years. Appellants, Lonnie Phillips and Lance Phillips, as next friend, ("appellants," collectively, "Lonnie" and "Lance," individually), appeal judgments rendered against them upon separate motions for summary judgment fil... More...   $0 (01-30-2010 - )

The question presented here is whether the district court
erred in dismissing the claims of Coto Settlement (Coto) as
barred by the statute of limitations. Coto claims that it is entitled
to part of $1.4 million refunded by the Federal Trade
Commission (FTC) following a judgment against Coto, Ian
Eisenberg and other entities. Eisenberg and Olympic Telecommunications,
Inc. (... More...   $0 (01-29-2010 - )

Dr. Irina Dolgaleva (“Dolgalevaâ€�) appeals the district court’s dismissal of her complaint of national-origin discrimination under the Civil Rights Act of 1964 (“Title VIIâ€�), as amended, 42 U.S.C. § 2000e-2(a), and 42 U.S.C. § 1981, and its denial of leave to amend her complaint. For the reasons set forth below, we affirm in part, reverse in part, and remand for further proceedings cons... More...   $0 (01-29-2010 - N.)

In this case, we address the Fourth Amendment claim of a
lost and intoxicated thirteen-year-old boy who was accidentally
bitten by a police patrol dog used by an officer to find
him. The boy’s father, Appellee Jose Melgar, sued the canine
officer under 42 U.S.C. § 1983 and sued the officer and the
police department under Article 26 of the Maryland Declaration
of Rights. ... More...   $0 (01-29-2010 - )

Appellees Paul Sebile, Sr., individually and as heir and representative of the estate of Laura Sebile, deceased; Paul Sebile, Jr., Lawrence C. Sebile, Eric Sebile, Don C. Sebile, Clara J. Semien, Frankie L. Cobb and Sharon K. Dean, as children of the deceased, brought a healthcare liability claim against appellant Baptist Hospitals of Southeast Texas d/b/a Memorial Hermann Baptist Beaumont Hospit... More...   $0 (01-29-2010 - TX)

Weeks Marine, Inc. appeals the judgment in favor of Edgar Eduardo Barrera for $842,100.00 in tort damages, $100,000.00 in cure, $100,000.00 in attorneys’ fees, and $17,186.87 in costs. Weeks contends: (1) the trial court erred in rendering judgment for both the tort award for medical expenses and the cure award because it results in a double recovery for the same damages; (2) the evidence is leg... More...   $0 (01-29-2010 - TX)

Adam E. Salazar appeals from the trial court’s grant of summary judgment. We affirm in part and reverse and remand in part.

Background

Salazar, representing himself, sued his stepsister, Pauline Dickey, her spouse, Frank Dickey, her daughter, Elizabeth Rodriguez Coronado, and her employer, SCI Texas Funeral Services, Inc. (“SCIâ€�), alleging that they failed to i... More...   $0 (01-29-2010 - TX)

In this case we interpret Section 4-105(4) of Md. Code (1974, 2001 R epl. Vo l.) Estates & Trusts Article (“ETâ€�), which directs that provisions in a will “relating to the spouseâ€� be revoked upon divorce from that person. We hold that the automatic revocation provision of ET Section 4-105(4) is not limited to bequ ests to a former spouse, and may include bequests to a former spouse’s fami... More...   $0 (01-29-2010 - MD)

Appellant, Michael A. Freedman, claimed that appellee, the group of corporate entities known and commonly referred to as “Comcast,â€� violated the 1997 Maryland Wiretapping and Electronic Surveillance Act, Md. Code (1974, 2006 Repl. Vol.), § 10- 402 et seq. of the Courts and Judicial Proceedings Article (“CJâ€�). Appellant filed suit in the Circuit Court for Baltimore City and the parties fil... More...   $0 (01-29-2010 - MD)