We decide in this case whether a statutory right to participate in class action lawsuits can permissibly be foreclosed by a provision in a consumer contract compelling individual arbitration. The plaintiffs, John A. Feeney and Dedham Health and Athletic Complex (Dedham Health), appeal from an order of a judge in the Superior Court compelling arbitration of their claims--brought as a putative class... 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)

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)

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)

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)

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)

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)

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 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)

[¶1] The Woods at Moody, LLC and Christopher J. Gordon appeal from a summary judgment entered in the Superior Court (Penobscot County, Murphy, J.) in an action arising from a commercial loan secured by a mortgage. The appellants contend that Bar Harbor Bank & Trust was not entitled to summary judgment because: (1) its complaint failed to plead the elements necessary to obtain a deficiency judgmen... More...   $0 (06-23-2009 - me)

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)

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to... More...   $0 (06-19-2009 - TX)

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.”1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

Faced with a motion for a preliminary injunction, the district court held an evidentiary hearing, reserved decision, and thereafter granted the requested relief. Waldron v. Geo. Weston Bakeries, Inc., 575 F. Supp. 2d 271, 273 (D. Me. 2008). That ukase is the focal point of this appeal.

We rehearse the facts as found by the district court, consistent with record support. The plainti... More...   $0 (06-19-2009 - ME)

As an element of the 1986 reorganization plan of the Johns-Manville Corporation (Manville), the United StatesBankruptcy Court for the Southern District of New Yorkenjoined certain lawsuits against Manville’s insurers, including The Travelers Indemnity Company and its affiliates (Travelers). The question is whether the injunc-tion bars state-law actions against Travelers based on allegations eith... More...   $0 (06-19-2009 - DC)

This appeal concerns the existence and scope of an easement to use a lakeside tract on Lake Travis as a recreation and private park area. Craig and Sheila Nickels, the owners of the lakeside tract and other land in the subdivision Travis Peak Estates, appeal the district court's judgment in favor of appellees who are property owners and residents in the subdivision. (1) The district court declared... More...   $0 (06-18-2009 - TX)

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

The plaintiffs were insurance agents of the American Family insurance companies (which we’ll refer to as the “company”). The company terminated their agency agreement, precipitating this diversity suit for breach of contract, governed by Illinois law. The district court granted summary judgment in favor of the company.

The agency agreement provided that it could be terminated by eithe... More...   $0 (06-17-2009 - IL)

The plaintiffs, Hilb Rogal & Hobbs Company (Hilb) and Hobbs Group, LLC (Hobbs), appeal from the judgment of the trial court in favor of the defendant, Uta Peters Randall, in an action for the enforcement of a nonsolicitation agreement in an employment contract. On appeal, the plaintiffs claim that the court improperly determined that the nonsolicitation agreement was unenforceable and meaningless.... More...   $0 (06-16-2009 - CT)

The plaintiff, Robert Shappy, appeals from the Superior Court’s grant of motions for summary judgment entered in favor of the defendants, Downcity Capital Partners, Ltd. and RESOL, LLC (collectively defendants).1 Before this Court, the plaintiff contends that the issue of whether he was negligent when he signed a quitclaim deed that conveyed property to his son-in-law, Douglas P. Cataldo, is a q... More...   $0 (06-16-2009 - RI)