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Coos County Board of Commissio
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We are asked to decide whether the Fish and Wildlife Service
(“FWS”)1 has an enforceable duty promptly to withdraw
a threatened species from the protections of the Endangered
Species Act (the “ESA” or the “Act”), 16 U.S.C. §§ 1531-
1544, after a five-year agency review mandated by the Act
found that the species does not fit into one of the sev... More... $0 (6/26/2008 - OR )
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Jesse Stanton, et al. v. Lacka
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¶ 1 Jesse, Benjamin and Elaine Stanton (“the Stantons”) appeal the order
granting summary judgment for Pennsylvania Power & Light Company
(“PP & L”) based on PP & L’s statutory immunity under the Recreational Use
of Land and Water Act (“the RULWA” or “the Act”). The RULWA provides
immunity from negligence liability for owners of undeveloped lan... More... $0 (6/24/2008 - PA )
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Dennis West v. Local 710 Intl.
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Dennis West (West) filed this action claiming he was entitled to full pension
benefits after Local 710 International Brotherhood of Teamsters Pension Plan (Local
710) determined West was not entitled to a full pension. Considering the parties’
cross-motions for summary judgment, the district court granted summary judgment
in favor of Local 710,... More... $0 (6/16/2008 - IA )
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Frank J. Lawrence, Jr. v. Jane
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Plaintiff-Appellant Frank J. Lawrence, Jr. (Lawrence)
appeals from the district courts judgment dismissing his claims filed pursuant to 42 U.S.C. 1983
against officials of the State Bar of Michigan in connection with their denial of his application for
a license to practice law. For the following reasons, we AFFIRM.
I. BACKGROUND
... More... $0 (6/13/2008 - MI )
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Angela Wegener v. Dean Johnson
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Angela Wegener (Wegener), guardian and next friend of her son Noah Wegener
(Noah), appeals from the judgment in a medical malpractice case against Dr. Dean E.
Johnson. Wegener argues that the district court1 erred by excluding supplemental
testimony from one of Wegener’s experts and by directing the jury to reread existing
instructions instead ... More... $0 (6/9/2008 - NE )
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In re Marriage Cases
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In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055
(Lockyer), this court concluded that public officials of the City and County of San
Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the
absence of a judicial determination that the California statutes limiting marriage to
a union between a man a... More... $0 (5/16/2008 - CA )
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John Doe v. Footstar Corporati
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John Doe and Jane Doe, as next friends and guardians of their minor
daughter (the plaintiffs), appeal the trial court's final judgment on the pleadings entered
in favor of Footstar Corporation.1 We affirm.
The plaintiffs sued Footstar Corporation and Joel Cooper, claiming that
Cooper had assaulted and sexually battered their daughter in ... More... $0 (5/13/2008 - FL )
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Gareth Alexander Baran v. Susa
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Petitioner-Appellant Gareth Baran is an Australian citizen. On February 16,
2007, he filed a petition in the Southern District of Alabama seeking the return of
his minor son pursuant to the Hague Convention on the Civil Aspects of
International Child Abduction (the “Convention”) and its implementing
legislation, the International Child Abductio... More... $0 (5/13/2008 - AL )
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Guardian Pipeline, LLC v. 950.
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Guardian Pipeline needed
easements to build a natural-gas pipeline that the
Federal Energy Regulatory Commission authorized it to
construct. What it could not acquire by negotiation, it
proposed to take by condemnation under 15 U.S.C.
§717f(h). This action covers more than a hundred parcels
of land in northeastern Illinois. The district court... More... $0 (5/13/2008 - IL )
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PBS Enterprises, Inc. v. CW Ca
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[¶3] PBS owned and operated two hotels, one in Cody, Wyoming, and another in
Norfolk, Nebraska. The financial arrangements between PBS and CWC were
complicated, and for our purposes, it is sufficient to summarize them briefly. CWC held
PBS’s promissory note secured by the “Norfolk mortgage” on the Norfolk property.
CWC also held promissory note... More... $0 (5/12/2008 - WY )
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Mary E. Green v. Alpharma, Inc
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This appeal arises from an order of the Washington County Circuit Court granting
summary judgment in favor of Appellees George’s Farms, Inc.; George’s Processing, Inc.
(collectively “George”); Simmons Foods, Inc.; Simmons Poultry Farms, Inc. (collectively
“Simmons”); Peterson Farms, Inc. (“Peterson”); and Tyson Foods, Inc. (“Tyson”). The
circui... More... $0 (5/9/2008 - AR )
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Simpson Strong-Tie Company, In
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An attorney published a newspaper advertisement stating that users of certain
brand name galvanized screws under specified circumstances “may” have legal rights to
compensation or other relief. The manufacturer of one of the named brands brought this
action for defamation, trade libel, false advertising, and unfair business practices. We are
ca... More... $0 (5/4/2008 - CA )
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Afaf Nassar Khalifa, et al. v.
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The issue in this case is whether a cause of action for intentional interference with
custody and visitation rights is sustainable by a father, Michael Shannon, against his former
wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa (“Appellants”), both
of whom fled to Egypt with the couple’s two minor children, who remain there. A... More... $3,017,500 (4/11/2008 - MD )
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Raheemunisa Rawoof v. Texor Pe
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Mohammed Rawoof filed this
lawsuit against Texor Petroleum Company (“Texor”)
alleging that Texor violated the Petroleum Marketing
Practices Act (“PMPA”) by terminating his gas station’s
“Marathon” brand motor-fuel franchise without the
statutorily required notice and cause. Almost two years
into the litigation, on the day discovery was to clo... More... $0 (4/8/2008 - IL )
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Joseph and Mary Garza v. Asbes
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Defendant Asbestos Corporation, Limited, (“ACL”) appeals a jury verdict in favor
of plaintiffs Joseph and Mary Garza on their complaint for damages for personal injury
and loss of consortium filed after Joseph contracted asbestosis. We affirm.
PROCEDURAL BACKGROUND
On January 26, 2005, plaintiffs filed their complaint for personal inj... More... $0 (3/28/2008 - CA )
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PHL Variable Insurance Company
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Fulbright McNeill, Inc. (FMI) appeals the district court's grant of summary
judgment in favor of PHL Variable Insurance Company ("PHL"). FMI was the
beneficiary of a life insurance policy issued by PHL to Keith McNeill. After McNeill's
death, PHL sued FMI seeking rescission and cancellation of the policy, arguing that
McNeill misrepresented the... More... $0 (3/27/2008 - AR )
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Jane Doe v. United Airlines, I
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In the underlying action, Jane Doe (Doe), a minor, asserted claims against
United Air Lines, Inc. (United) arising out of a sexual assault. After granting
summary judgment in favor of United, the trial court granted Doe’s motion for a
new trial on her claims against United. United appealed from the new trial order,
and Doe asserted a protective... More... $0 (3/20/2008 - CA )
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Genujo Lok Beteiligungs, GMBH<
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[¶1] Manfred Zorn appeals from a judgment entered in Superior Court
(Cumberland County, Warren, J.) denying his motion for an evidentiary hearing
and holding that a German judgment entered against him is entitled to recognition
and enforcement in Maine, pursuant to the Uniform Foreign Money-judgments
Recognition Act, 14 M.R.S. §§ 8501-8509 (200... More... $0 (3/18/2008 - ME )
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Yahaira Ayala, et al. v. Arroy
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Plaintiffs and appellants Yahaira Ayala (Ayala), a minor, by and through her
guardian ad litem and mother, Rita Rios (Rios), and Rios individually (collectively,
plaintiffs), appeal a judgment in favor of defendant and respondent Arroyo Vista Family
Health Center (Arroyo) following a defense verdict in a medical malpractice action.
Plaintiffs’ ... More... $0 (3/14/2008 - CA )
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D. Jere' Webb v. Victoria Gitt
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¶ 1 Under Arizona law, an insurance agent’s clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.
I.
¶ 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability poli... More... $0 (3/12/2008 - AZ )
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San Francisco Bay Guardian v.<
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"A San Francisco jury this afternoon found the San Francisco Weekly and its corporate parent guilty of illegal predatory pricing and awarded us $6.39 million.
Under state law, part of that verdict is subject to treble damages, bringing the total award to $15.6 million.
The battle isn’t over; Rod Kerr, attorney for the Weekly, told me im... More... $15,600,000 (3/7/2008 - CA )
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Heritage Marketing and Insuran
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Defendants Bradley J. Chrustawka, Anjanette Chrustawka, nee Price
(Price), and Katherine M. Matonic obtained summary adjudication of five causes of
action on the grounds they were barred by the applicable statute of limitations and were
not tolled by Code of Civil Procedure section 351 (section 351). Because those were the
only causes of action... More... $0 (2/29/2008 - CA )
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Chinyere Jenkins v. State Defe
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This appeal arises out of the court-supervised desegregation of the Kansas City,
Missouri, School District ("the District" or "the KCMSD"), which began with the
filing of a lawsuit in 1977. Although the District was declared unitary and released
from court supervision in 2003, some parties to the desegregation suit filed a motion
in the Distric... More... $0 (2/28/2008 - MO )
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Gina M. Arnold and Charlie S.<
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¶1 Gina M. Arnold and Charlie S. Arnold appeal the trial
court's summary judgment order in favor of David Grigsby, M.D.,
which concluded that the Arnolds' claims were time-barred by the
Utah Health Care Malpractice Act's two-year statute of
limitations. See Utah Code Ann. § 78-14-4(1) (2002). By reason
of the generally applicable tolling statu... More... $0 (2/28/2008 - UT )
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Melanie Gayle King (Lyon), et<
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In 2004, the mother and father of the two minor children, who are the subject of this action,
were granted a divorce in the Chancery Court of Maury County at which time the mother was
designated as the primary residential parent of the two minor children, the father was awarded
residential time and vacation time, and the father was ordered to pa... More... $0 (2/22/2008 - TN )
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Estates of Jerome McKnight, et
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The Estates of Jerome McKnight, Deonte McKnight, Angela Marshall, Stephanie
McKnight, and Natasha Marshall appeal a September 11, 2006 order approving the accounting
of Bank of America. The order terminated the McKnight-Marshall Discretionary Irrevocable
Trust Agreement. Appellants were beneficiaries under this trust agreement. The order also
r... More... $0 (2/21/2008 - AR )
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Herman Mathews v. Life Care Ce
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¶1 Life Care Centers of America dba Life Care Center of Paradise Valley and Mary Anne Stanford, Administrator, (collectively “LCCA”) appeal from the trial court’s order
denying its motion to compel arbitration with Herman Mathews, by and through his Guardian and Conservator, Vyntrice Mathews (collectively “Mathews”). LCCA argues that Mathews signe... More... $0 (2/21/2008 - AZ )
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Steven Riley v. The Rhode Isla
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Does the Rhode Island Constitution’s guarantee of
right of fishery prohibit the Legislature from granting some commercial fishermen access to
some species of sea life while denying others the same rights? This is a constitutional challenge
to the Rhode Island General Assembly’s 2002 enactment of a limited-entry fishing licensing
statutory schem... More... $0 (2/15/2008 - RI )
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Jeanette Alleyne, etc. v. New<
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Defendants-Appellants, who are various New York State educational entities, appeal an
order of the United States District Court for the Northern District of New York (Sharpe, J.),
preliminarily enjoining the implementation of N.Y. Comp. Codes R. & Regs. tit. 8, §
200.22(f)(4), which purports to regulate certain treatments administered to special... More... $0 (2/14/2008 - NY )
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James Pearce v. Utah Athletic<
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¶1 In 2003, James Pearce suffered a back injury while
riding a bobsled at the Utah Winter Sports Park in Park City,
Utah. Pearce brought ordinary negligence and gross negligence
claims against the Utah Athletic Foundation (“UAF”), which owns
and operates the bobsled track. The district court granted
summary judgment to UAF on the ordinary negl... More... $0 (2/12/2008 - UT )
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Melodye Broadley, Guardian for
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This case came before the Supreme Court on
December 10, 2007, pursuant to an order directing the parties to appear and show cause
why the issues raised in this appeal should not summarily be decided. After hearing the
arguments of counsel and examining the memoranda submitted by the parties, we are of
the opinion that cause has not been shown. ... More... $0 (2/11/2008 - RI )
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Retha C. Klopfenstein v. Oklah
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¶1 In this accelerated appeal under the Oklahoma Administrative Procedures Act (OAPA), 75 O.S.2001 & Supp. 2007 §§ 250 through 323, Appellant, Retha C. Klopfenstein, seeks review of the trial court's dismissal for want of jurisdiction of her petition seeking review of an administrative agency order. After reviewing the facts and the law, we reverse... More... $0 (2/7/2008 - OK )
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David Parker, et al. v. Willia
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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 repu... More... $0 (2/1/2008 - MA )
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Linda Gomes, etc. v. Akhtar Ha
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¶0 While receiving treatment at a hospital, Georgette Gomes (patient) stopped breathing. The appellees, Dr. Akhtar Hameed, and Dr. Jennifer L. Miles Holter, responded to a code blue. The patient was resuscitated, suffered permanent brain damage, and eventually died. Thereafter, her guardian ad litem sued the hospital for negligence. The doctor... More... $0 (1/25/2008 - OK )
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Johnnie Dennis v. Giles Group,
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Johnnie Dennis was injured when he sat on a stool in a retail store and the stool collapsed. Dennis sued the retailer, Giles Group, Inc. ("Giles"), asserting various claims. Dennis appeals the summary judgments granted in favor of Giles contending the trial court erred by: (1) striking his third and fourth amended petitions; (2) concluding Gil... More... $0 (1/25/2008 - TX )
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Abdus-Shahid M.S., Ali v. Fede
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This case concerns the scope of 28 U. S. C. §2680, whichcarves out certain exceptions to the United States’ waiverof sovereign immunity for torts committed by federalemployees. Section 2680(c) provides that the waiver ofsovereign immunity does not apply to claims arising fromthe detention of property by “any officer of customs or excise or any o... More... $0 (1/23/2008 - FL )
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Myriam Therese Marquez v. Davi
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This is a case involving custody and visitation issues. Amy Caudill gave birth to Jason in October 1992. Jason’s biological father is David Storm; however, he has never been involved in Jason’s life. When Jason was a toddler, Amy married respondent/appellant (hereinafter referred to as Stepfather)[1] in February 1994. Amy gave birth to Kathryn ... More... $0 (1/22/2008 - SC )
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Javier F. Ovando v. County of<
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Javier F. Ovando appeals an order granting a new trial after the jury awarded him
$6.5 million in damages against his former defense attorney, Tamar Toister, and her
employer, the County of Los Angeles, for legal malpractice resulting in his false
conviction. The trial court concluded that a juror had committed prejudicial misconduct
by fa... More... $0 (1/20/2008 - CA )
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Carmen J. Grosso and James Che
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Carmen J. Grosso (“Grosso”) and James Chereskin (“Chereskin”) argue in these appeals that the trial court erred in certifying the settlement class, approving the settlement agreement, and approving the award of attorneys’ fees and costs issued in the class action lawsuit brought by Janet Figueroa (“Figueroa”) against Fidelity National Title In... More... $0 (1/18/2008 - FL )
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Indiana Lumbermans Mutual Insu
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The defendant in this diversity
suit for breach of contract governed by Indiana law
appeals from the grant of summary judgment in favor of
the plaintiff. The case turns on the interpretation of a
contract between an insurance company, Lumbermens
Mutual, the plaintiff, and Reinsurance Results, the defendant,
which reviews an insurance compa... More... $0 (1/17/2008 - IN )
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Christopher McMahon v. John Ki
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In this suit, brought under 42
U.S.C. §§ 1983 and 1985, Christopher J. McMahon
claims that Vilas County (Wisconsin) Sheriff John
Niebuhr and Deputy Sheriff John Kindlarski conspired
with Kristen DeBruyne and her parents, Ronald and
Judith DeBruyne, to violate his rights under the Fourteenth
Amendment to the Constitution. He also alleges
v... More... $0 (1/17/2008 - WI )
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Jesse Cook and Tony Smith v. S
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Toni Smith (Mother), as guardian ad litem and natural parent for Tracie Smith (Daughter), and Jesse Cook (Grandfather) appeal the Master-in-Equity’s (the Master) order finding Daughter was not entitled to recover uninsured motorist (UIM) benefits under Grandfather’s insurance policies with State Farm Automobile Insurance Company (State Farm). We a... More... $0 (1/17/2008 - SC )
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Katelyn Andrews v. Vanessa P.<
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Katelyn Andrews (“Katelyn”) was injured at birth. Katelyn, through her Guardian ad Litem, brought suit against her doctors and the hospital at which she was delivered for medical malpractice. Katelyn's parents also brought suit against the same parties and on the same allegations in their individual capacities, with an additional claim of negligent... More... $0 (1/15/2008 - NC )
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Stefano Picciotto, et al. v. C
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This case requires us to consider the interrelationship of joinder and supplemental jurisdiction in a diversity case. The Picciotto family and their company, Foreign Car Center, Inc., ("the Picciottos"), appeal the dismissal of their complaint for failure to join an indispensable party. The district court found that Dana Casher, a citizen of Mas... More... $0 (1/12/2008 - MA )
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PAJ, Inc. d/b/a Prime Art & Je
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In this case, we must decide whether an insured’s failure to timely notify its insurer of a claim defeats coverage under the policy if the insurer was not prejudiced by the delay. We hold, as we did in Hernandez v. Gulf Group Lloyds, that an immaterial breach does not deprive the insurer of the benefit of the bargain and thus cannot relieve the ... More... $0 (1/11/2008 - TX )
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Terry Brennan and Loretta Bren
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Terry and Loretta Brennan appeal a decision of the Garland County Circuit Court
dismissing their complaint with prejudice. They assert that the circuit court erred in finding
that they failed to serve appellee Layne Wadlow in compliance with Ark. R. Civ. P. 4 when
they served his father at his father’s place of business. More specifically, ... More... $0 (1/10/2008 - AR )
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D Jere' Webb, etc. v. Victoria
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¶ 1 Under Arizona law, an insurance agent’s clients may assert claims for professional negligence against the agent. We hold that clients may assign such claims to third parties.
I.
¶ 2 In 2000, Neal and Gail Berliant bought a liquor store called The Liquor Vault. To insure themselves, they purchased a business and umbrella liability p... More... $0 (1/10/2008 - AZ )
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