Appellant Agneta Dobos (“Dobos”) appeals from the trial court’s judgment denying her petition for writ of administrative mandate brought against Respondents Voluntary Plan Administrators, Inc., Long Term Disability and Survivor Benefit Plan, and Chief Administrative Office, County of Los Angeles (collectively, “Respondents”).

In her petition, Dobos challenged an administrative dec... More...   $0 (09-05-2008 - CA)

In appellant Christopher Jones’s action for negligence and products liability, summary judgment was granted in favor of respondents Lloyd Electric Company, Inc. (Lloyd), and P.S. Development Company, Inc., d.b.a. Comet Electric (Comet). We affirm.

RELEVANT PROCEDURAL BACKGROUND

On November 23, 2004, Jones filed a complaint against Invision Technologies, Inc. (Invision), containing ... More...   $0 (09-05-2008 - CA)

Appellant Christopher McMillian, through his guardian ad litem, Marguerite McMillian, challenges the probate court’s order directing him to pay a lien issued by respondent State Department of Health Care Services (Department or respondent) under the Medi-Cal California Medical Assistance Program (Medi- Cal) (Welf. & Inst. Code, § 14000 et seq.)1 We affirm.

RELEVANT FACTUAL AND PROCEDURAL... More...   $0 (09-05-2008 - CA)

The Monsanto Company (“Monsanto”) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), approved the genetically modified alfalfa in 2... More...   $0 (09-05-2008 - CA)

In this opinion, we address whether the Supreme Court’s decision in Quality King Distributors, Inc. v. L’anza Research International, Inc., 523 U.S. 135 (1998), requires us to overrule our precedents that allow a defendant in a copyright infringement action to claim the “first sale doctrine” of 17 U.S.C. § 109(a) as a defense only where the disputed copies of a copyrighted work were eithe... More...   $0 (09-05-2008 - CA)

We must decide whether guests at the Gilroy Garlic Festival can hold the City of Gilroy in California and the Gilroy Garlic Festival Association liable in a civil rights action when they are escorted from the event by a City police officer for violating the Festival’s dress code.

I George Villegas and remaining plaintiffs (hereinafter “Top Hatters”), all of whom are members of the Top... More...   $0 (09-05-2008 - CA)

John Oscar filed a lawsuit under the Individuals with Disabilities Education Act (“IDEA”) and 42 U.S.C. § 1983 against the Alaska Department of Education and Early Development (“DEED”). The lawsuit alleged that DEED violated his rights under the IDEA when it refused to accept his administrative complaint. DEED filed a successful Rule 12(b)(6) motion and the lawsuit was dismissed without p... More...   $0 (09-05-2008 - AK)

This case comes before us for the second time. See Am. Bankers Ass’n v. Gould, 412 F.3d 1081 (9th Cir. 2005). In 2003, the California State Legislature enacted the California Financial Information Privacy Act (“SB1”), Cal. Fin. Code §§ 4050-4060, “for financial institutions to provide their consumers notice and meaningful choice about how consumers’ nonpublic personal information is sh... More...   $0 (09-05-2008 - CA)

In this opinion, we resolve whether the district court erred in precluding the admission of evidence regarding damages as a sanction under Federal Rule of Civil Procedure (Rule) 37 for failure to disclose damage calculations under Rule 26(a). We conclude that the district court did not abuse its discretion and affirm on this issue. The remaining issues in this case are resolved in a contemporaneou... More...   $0 (09-05-2008 - CA)

Appellants, minor C.B. and his parents (collectively “Appellants”), allege that Hellgate Elementary School District (“Hellgate”) violated the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.§ 1400, by failing to provide minor C.B. with a free appropriate public education (“FAPE”). Appellants appeal from the district court’s order, affirming the hearing officer’s... More...   $0 (09-05-2008 - MT)

APPEAL from a judgment and an order of the Superior Court of San Diego County, Ronald L. Styn, Judge. Affirmed and remanded for the determination of attorney fees on appeal. Defendant Creative Capital Leasing Group, LLC (CCLG) appeals a judgment in favor of plaintiffs Brett Schaffter and Austin McBride Corporation, doing business as Re/Max Real Estate Consultants (Re/Max), entered after a bench tr... More...   $0 (09-04-2008 - CA)

Bonnie Chaloult sued her former employer, Interstate Brands Corporation ("IBC"), alleging she had suffered sexual harassment by her supervisor, Kevin Francoeur, in the six months before she quit her job. The district court entered summary judgment for the employer.

The issue on appeal turns on the affirmative defense available to employers when the harassment is by the plaintiff's ... More...   $0 (09-04-2008 - ME)

Per Curiam. Pro se appellant Leslie J. McGill seeks review of the dismissal of her employment discrimination complaint against her previous employer, appellee U.S. Express Truck Co. of Ohio. The district court dismissed McGill's amended complaint as time-barred and denied her motion to amend as futile. As the following discussion will show, McGill's timely-filed in forma pauperis ("IFP") motion an... More...   $0 (09-04-2008 - MA)

Plaintiff Antony Padilla appeals summary judgment in favor of respondents Pomona College and Gordon & Williams General Contractor, Inc. in his action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College. Plaintiff argues that the trial court erred in finding (1) defendants had delegated the task of making the worksi... More...   $0 (09-03-2008 - CA)

Appellant appeals an adverse ruling by the trial court construing the parties’ Lease Agreement, arguing that the trial court reversibly erred in the following particulars: (1) by declining to enforce Appellant’s option to purchase the leased premises; (2) by evicting Appellant and transferring possession of the leased premises to Appellee; and (3) by awarding Appellee a judgment for damages of... More...   $0 (09-03-2008 - FL)

The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a “privilege to a private corporation” set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the “St. Lucie County Ho... More...   $0 (09-03-2008 - FL)

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon Avenue, appeals from a judgment quieting title to an adjacent property owned by Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a court trial, the court found that Zanelli has no enforceable view easement burdening McGrath’s property, either because the easement was extinguished by merger, or wa... More...   $0 (09-02-2008 - CA)

Jay M. Levy appeals from a final judgment entered by the United States District Court for the Southern District of Florida after a bench trial, finding him liable for multiple acts of solicitation fraud in violation of Section 4c(b) of the Commodity Exchange Act (“CEA”), 7 U.S.C. § 6c(b) (2000),1 and imposing various sanctions against him. Levy contends that the court erred in (1) multiplying... More...   $146350 (09-02-2008 - FL)

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and assert... More...   $0 (09-02-2008 - AL)

Before the Court are the following: (1) Appellant’s appeal of a district court’s order granting Appellee’s motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant’s companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) App... More...   $0 (09-02-2008 - GA)

Janet J. Jeanes appeals from a summary judgment granted in favor Sharon Kunard and Rudy Wrenick in Jeanes' negligence, breach of fiduciary duty, and breach of contract claims. On appeal, Jeanes contends that the trial court improperly determined that the claims against Kunard sounded in tort. We disagree. In addition, Jeanes asserts that the trial court inappropriately granted summary judgment in ... More...   $0 (09-02-2008 - )

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information... More...   $0 (09-02-2008 - NM)

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...   $0 (09-01-2008 - UT)

Plaintiff Sharon M. Carpenter appeals from the denial of her applications for social security disability insurance and supplemental security income benefits. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we reverse and remand for further proceedings.

I

Mrs. Carpenter was born on April 22, 1978. She filed applications for benefits under both Title II and Ti... More...   $0 (09-01-2008 - OK)

Michael Brady brought suit against Greater Southwest Funding Corporation (“GSW”) and UBS Financial Services (“UBS”), which Brady contends is GSW’s alter ego, for payment on bonds issued by GSW. The district court dismissed Brady’s claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his b... More...   $0 (09-01-2008 - OK)