A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by... More...   $0 (09-15-2009 - CT)

[¶1] This is a highly contested child custody case. Lori Handrahan appeals from a judgment of divorce entered in the District Court (Portland, Moskowitz, J.), contending that the judgment’s relocation provision that transfers primary custody of the parties’ daughter if Handrahan relocates from Maine violates Maine statutes and is unconstitutional, that the court erred by excluding expert test... More...   $0 (09-01-2009 - ME)

Karen Victoria Dahlberg Wynn (appellant) filed a petition in the superior court seeking an order correcting her original birth certificate to state the actual names of her birth parents rather than the fictitious names her mother used when the original certificate was prepared. Appellant’s situation is unusual because her original birth certificate is sealed and her legally operative birth certi... More...   $0 (08-04-2009 - CA)

At issue in this diversity action is the validity of First Colony Life Insurance Company’s (“First Colonyâ€�) policy on the life of Emmanuel Morris.1 Bobby Sanford purchased the Policy and was the primary beneficiary under the Policy. For about a year before his death, Morris lived with Sanford and his family. Upon Morris’s death, Sanford filed a claim seeking to collect the Policy’s $100,... More...   $0 (01-07-2009 - MS)

In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial court’s determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act (“LTEA�).1 For the following reasons, we reverse.

The facts of this case are st... More...   $0 (12-17-2008 - PA)

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. Appellants moved to dismiss the father's complaint... More...   $3017500 (04-11-2008 - MD)

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 (Katie) Caudill in December 1999. Katie's father ... More...   $0 (01-22-2008 - SC)

When a child is removed from parental custody and made a dependent of the court, reunification services generally must be provided to the child's parents. At a six-month review hearing, the court must decide whether to continue or terminate those services. In doing so, should the court consider the likelihood of reunification during the next six months after the hearing, or the likelihood o... More...   $0 (12-20-2007 - CA)

Melissa Anspach and her parents brought this action against the city of Philadelphia (the "City") and certain of its employees and agents, including the City's Health Department and the Commissioner of Public Health. Melissa is a 16-year-old unemancipated minor. They allege that agents of the City violated Melissa's constitutionally protected right to bodily integrity and parental guidanc... More...   $0 (09-24-2007 - PA)

Plaintiffs Joy and Thomas Carter (collectively, "plaintiffs") brought suit against several officers of the Rhode Island Department of Children, Youth and Families ("DCYF") (collectively, "defendants"). Plaintiffs alleged that the DCYF officers were liable under 42 U.S.C. § 1983 for infringing on their right to familial integrity under the United States Constitution. They also sought damages und... More...   $0 (09-11-2007 - RI)

Defendant-Appellant Dr. Mike Crutcher, sued in his official capacity as the Commissioner of Health (hereinafter referred to as "Oklahoma State Department of Health ('OSDH')") appeals a district court judgment that a state law barring recognition of adoptions by same-sex couples already finalized in another state is unconstitutional. OSDH also appeals the district court's order requiring it to... More...   $0 (08-07-2007 - OK)

[1] Christina C. Carolan appeals from a judgment entered in District Court (Lewiston, LaVerdiere, J.), determining child support obligations between her and David A. Bell. She asserts that the court erred by imputing to her, for purposes of calculating annual gross income: (1) the difference between the rent her parents charge her and the rent they charged the previous tenant; (2) an amount... More...   $0 (03-01-2007 - ME)

In the present action for child support filed by the El Dorado County District Attorney, we conclude that a woman who agreed to raise children with her lesbian partner, supported her partner's artificial insemination using an anonymous donor, and received the resulting twin children into her home and held them out as her own, is the children's parent under the Uniform Parentage Act and has... More...   $0 (08-23-2005 - CA)

This is a wrongful death action for alleged medical negligence brought by Kalesha S. Jackson,1 through her guardian ad litem against respondent Terrence Fitzgibbons, M.D., arising out of the death of Kalesha's natural mother. The court granted respondent's motion for summary judgment on the ground that Kalesha had no standing to bring an action under Code of Civil Procedure section 377.60... More...   $0 (03-07-2005 - CA)

The petitioner, Robert L. Crook, appeals from the decision of the appellate court holding that: (1) the trial court erred in its division of retirement funds, and (2) the marital estate was not entitled to reimbursement of $40,000 for payment made on a joint loan for improvements to nonmarital property. 334 Ill. App. 3d 377. This court allowed Robert's petition for leave to appeal. 177 Ill. 2d... More...   $0 (07-02-2004 - IL)

On this appeal, we have been asked to determine whether a plaintiff should be permitted to pursue an action for a declaration of paternity and child support against a decedent's fully distributed estate. Resolution of that issue requires us to analyze the interplay between the New Jersey Parentage Act, N.J.S.A. 9:17-38 to –59, and the Administration of Estates of Decedents and Others Act , N.J... More...   $0 (06-08-2004 - NJ)

Kirsten W. appeals from an order of the separate juvenile court of Douglas County terminating her parental rights to Anthony V. Kirsten asserts that the juvenile court erred in finding by clear and convincing evidence that Anthony comes within the meaning of Neb. Rev. Stat. § 43-292(2) and (10) (Reissue 1998) and in finding that termination of her parental rights serves Anthony's best interests. S... More...   $0 (06-01-2004 - NE)

2. Norma I.J. and Brendan B. contend that the previous court decisions were erroneous because Brendan has a constitutionally protected interest in assert... More...   $0 (04-21-2004 - WI)

Virginia K. Villarreal, Margarita V. Acevedo, David V. Acevedo, and Eduardo V. Acevedo challenge the trial court's revision of a judgment declaring heirship. After appellants' mother, Melba V. Acevedo, died intestate, the trial court declared appellants to be her only heirs. The decedent's stepson, Gerardo Acevedo, filed a bill of review, seeking to be declared her heir through equitable adopti... More...   $0 (04-01-2004 - TX)

1 Jenifer Wyatt and Alden Ailey were the unmarried parents of H.E.W. who was born March 4, 2002. After the child's birth, Alden died while serving in the U.S. Navy. A guardianship proceeding ensued so that H.E.W., his only heir, could receive his personal belongings. Jenifer was appointed guardian of their child. Debra Yeary was Alden's mother (H.E.W.'s grandmother) and Sandra Ailey was Alden's... More...   $0 (02-12-2004 - OK)

This is an appeal of an order granting summary judgment in favor of Appellee Union Pacific Railroad Company (Union Pacific). Appellant Estate of Sharon Hull (the Estate) argues that the Conway County Circuit Court erred in dismissing with prejudice the Estate's claim for wrongful death. This case was certified to this court, pursuant to Ark. Sup. Ct. R. 1-2(b)(5), as an appeal involving the overru... More...   $0 (01-15-2004 - AR)

On April 13, 2000, the respondents-appellants Hilda E. Rogers, Juliet R. Rogers, and Oleta Merseberg [hereinafter, collectively, "the respondents"] filed an interlocutory appeal from the order of the first circuit court, the Honorable Virginia L. Crandall presiding, denying the respondents' motion to dismiss or, in the alternative, for judgment on the pleadings and/or summary judgment [hereinaf... More...   $0 (12-29-2003 - HI)

This controversy arises out of the tragic and fatal shooting of Donta Dawson ("Dawson" or the "decedent") in an encounter with officers of the Philadelphia Police Department. Dawson's biological father, Bobby McCurdy ("McCurdy"), appeals the grant of summary judgment in favor of the defendants as to McCurdy's sole remaining claim from an action brought pursuant to 42 U.S.C. § 1983. McCur... More...   $0 (12-18-2003 - PA)

This is an appeal by Shannon R. (See footnote 1) (hereinafter "Appellant") from a final order of the Circuit Court of Hampshire County terminating her parental rights to her three children, Britney, Destiny, and Desarae M. (See footnote 2) The Appellant appeals that termination order to this Court, alleging that the lower court committed several reversible errors. Upon thorough evaluati... More...   $0 (12-18-2003 - WV)