¶1 This appeal concerns the trial court's determination that a notice of interest and two lis pendenses recorded by the Appellants were wrongful liens under the Utah Wrongful Lien Act. Although this appeal suggests the existence of interesting questions about whether a notice of interest or a lis pendens can be considered a "lien" for purposes of the applicable version of the Act and whether a bu... More...   $0 (10-02-2008 - UT)

Defendants Parkview Bay Development, Inc. ("Parkview"), Union Planters Bank ("Union Planters"), and Jefferson Financial, Inc. ("Jefferson Financial") (collectively "Appellants") appeal the trial court's judgment in favor of Glenstone Block Company, d/b/a Glen Block Hardware & Building Supplies ("Respondent").(FN1) The trial court adjudged that Mr. Pebworth was liable to Respondent in the net amou... More...   $0 (10-02-2008 - )

NRS 108.237(1) entitles a prevailing mechanic’s lien claimant to the enforcement proceedings’ costs, including reasonable attorney fees. This appeal concerns three issues with regard to that statute. First, we consider whether NRS 108.237(1) contains within its scope attorney fees that are incurred after the district court enters a judgment determining the lienable amount and foreclosing upo... More...   $0 (09-18-2008 - NV)

Union Electric Company d/b/a AmerenUE ("AmerenUE") appeals from the judgment in favor of Collins & Hermann, Inc., Lawrence Excavating, Inc., Busy Bee Paving, Inc., and Construction Logistics Equipment Company (collectively "Subcontractors"). Subcontractors originally brought mechanic's liens against AmerenUE when the general contractor, TM2 Construction Company, Inc. ("TM2"), did not fully pay the... More...   $0 (09-16-2008 - MO)

United States citizens who pay nonresident tuition for enrollment at California’s public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C... More...   $0 (09-15-2008 - 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 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)

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)

This case arose from a contract dispute involving a 1996 transaction between Gander Mountain Co.1 and Cabela’s, Inc. Gander Mountain filed suit against Cabela’s seeking a declaration that a particular provision of the agreement, the Contingent Trademark License provision (“CTL”), was unenforceable. Cabela’s counterclaimed, seeking a declaration that the provision was enforceable and requ... More...   $0 (08-28-2008 - MN)

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of ... More...   $0 (08-26-2008 - PA)

Oak Bluff Condominium Owner’s Association, Inc. ("Oak Bluff") appeals from judgments denying its claims for dues, fees, and special assessments against Oak Bluff Partners, Inc. ("Partners") and Mariner Pier 31 Yacht Club, L.L.C. ("Mariner") (collectively "Respondents"). The two cases were consolidated for purposes of trial and tried to the court without a jury. We address the two appeals in one... More...   $0 (08-23-2008 - MO)

On September 26, 2002, plaintiff-appellant Maher Arar, a dual citizen of Syria and Canada, and
the subject of a U.S. government “lookout,” J.A. 88, was detained by U.S. authorities at John F.
Kennedy International airport in New York City (“JFK Airport”) while en route from Tunisia to
Montreal. On October 7, 2002, J. Scott Blackman, then the U.S. Immigration and Naturalization<... More...   $0 (08-03-2008 - NY)

This matter is before us on remand from the Supreme Court for consideration as on leave granted. Defendants appeal a decision of the Worker’s Compensation Appellate Commission (WCAC) affirming the magistrate’s decision to award plaintiff benefits. We affirm. Otis Fahl, a representative of defendant Burt Moeke Hardwoods, Inc. (Hardwoods), recruited plaintiff Pablo Romero, a Mexican citizen, to ... More...   $0 (07-29-2008 - MI)

Appellants, Nottingham Manor Owners Association (the "Association"), Virginia White, and Other Owners of Residential Property in the Nottingham Manor Townhomes, appeal the trial court's denial of its motion for judgment notwithstanding the verdict. Appellants also challenge the factual sufficiency of the jury's verdict. We affirm the judgment of the trial court.

I. BACKGROUND

In ... More...   $0 (07-26-2008 - TX)

Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere... More...   $131274 (07-21-2008 - CA)

Roger E. Sandfort and Sonna R. Sandfort ("Appellants") appeal from a judgment by the Circuit Court of Camden County on May 7, 2007, ordering Appellants to pay $13,464.38 in assessments, late fees, attorney's fees, and interest to The Falls Condominiums Owners' Association, Inc. ("Respondent"), as it relates to a property owned by Appellants and a Notice of Delinquent Assessments and Lien filed by ... More...   $0 (07-17-2008 - MO)

In 2002 Janay Wolff, Ralph Cunningham, and Ronnie Clanton agreed that
a $25,000 payment from Cunningham to Wolff would settle a business debt between
Cunningham and Clanton, remove a Child Support Enforcement Division lien from
Cunningham’s real property in Soldotna, and satisfy Clanton’s child support obligation.

When Cunningham failed to pay, Wolff filed suit to enforce ... More...   $0 (07-11-2008 - AK)

The defendants, Frank Colaccino, the Colvest Group, Ltd., and Colvest/North Haven, LLC,1 and the plaintiff, Location Realty, Inc., appeal and cross appeal, respectively, from the judgment of the trial court, after a bench trial, awarding the plaintiff, Location Realty, Inc., certain real estate commissions on the basis of unjust enrichment. In their appeal, the defendants claim that the trial cour... More...   $0 (07-08-2008 - CT)

{1} A legal malpractice claim against a client’s former attorneys was barred when the court ruled that, as a compulsory counterclaim, the allegations of legal malpractice had to be filed in response to an attorney charging lien previously filed by those same attorneys. Relying upon Bennett v. Kisluk, 112 N.M. 221, 814 P.2d 89 (1991), we conclude that the client’s malpractice claim was not... More...   $0 (06-23-2008 - NM)

This case arose from the response by Aramark Facility Services ("Aramark") to a "no-match letter" from the Social Security Administration ("SSA"), which indicated that Aramark had reported information for 48 of its employees at the Staples Center in downtown Los Angeles that did not match the SSA's database. Suspecting immigration violations, Aramark told the listed employees they had three d... More...   $0 (06-21-2008 - CA)

[1] This case presents the issue of whether an attorney, who distributes the proceeds of a personal injury action without paying a medical provider‟s bills after his client executed, with the attorney‟s knowledge, an assignment of the proceeds to the provider, is liable to the medical provider for the amount of those bills. We conclude that the attorney is responsible to the medical pr... More...   $0 (06-19-2008 - WY)

In the Authorization for Use of Military Force (AUMF), Congress empowered the President "to use all necessary and appropriate force against those . . . he determines planned, authorized, committed, or aided the terrorist attacks . . . on September 11, 2001." In Hamdi v. Rumsfeld, 542 U. S. 507, 518, 588–589, five Justices recognized that detaining individuals captured while fighting against t... More...   $0 (06-13-2008 - DC)

Plaintiffs-appellants Young Apartments, Inc. ("Young Apartments") appeals a district court order dismissing several of its equal protection claims under 42 U.S.C. § 1983 ("§ 1983") against defendants-appellees Town of Jupiter, Florida ("Jupiter"), Jupiter Town Manager Andrew D. Lukasik ("Lukasik") and Jupiter Building Official Robert Lecky ("Lecky"), as well as a breach of contract claim agai... More...   $0 (06-11-2008 - FL)

Appellant, general contractor ARCO Construction Company, Inc., hired appellee, subcontractor Americon Services Company, Inc., to perform site work on a commercial construction project, pursuant to a written contract. When Americon did not receive payment as expected, it sued ARCO for breach of contract, failure to comply with payment obligations under Texas Property Code section 28.002 ("the Promp... More...   $0 (05-16-2008 - TX)