| Abandonment Law |
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Jason Christian, et al. v. Giu
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The plaintiffs, owners of three parcels (28, 29 and 30) in
a subdivision known as Latrobe Hills, El Dorado County, brought
this action to quiet title in an easement across defendants’
parcels, that provided access to Latrobe Road, by incorporation
in their deeds of a recorded 1977 subdivision parcel map (figure
2).
The issue arises bec... More... $0 (6/30/2008 - CA )
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Pleasant Glade Assembly of God
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This appeal concerns the tension between a church’s right to protection under the Free Exercise Clause of the First Amendment and a church member’s right to judicial redress under a claim for intentional tort. U.S. Const. amend. I; see also Tex. Const. art. I, § 6. The court of appeals generally affirmed the judgment in favor of the church member, ... More... $0 (6/28/2008 - TX )
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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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Jeannine M. Cruz v. State of L
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Jeannine Cruz filed a sex discrimination complaint with state and federal
claims against Defendants in federal district court in Louisiana. She failed to
serve defendants timely, and the court dismissed the case under Rule 4(m).1
Before the court dismissed her first case, she filed a second, identical complaint
in state court in April 2006. On ... More... $0 (5/16/2008 - LA )
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Sheila Harper and Clayton Harp
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¶1 Sheila and Clayton Harper appeal from the district court's
entry of summary judgment in favor of Keith H. Evans, M.D.; Gary
B. White, M.D.; and Uintah Basin Women's Health (collectively,
Defendants). We affirm.
BACKGROUND
¶2 In Fall 2002, Sheila Harper saw Evans for consultation and
evaluation of several health issues, includ... More... $0 (5/12/2008 - UT )
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Robert Barber v. Earle Blackfo
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The Independence County Circuit Court granted judgment in the amount of
$4,366.12 to appellee Earle Blackford on November 27, 2007, following a bench trial. The
trial court found that appellant Robert Barber had been unjustly enriched at the expense of
appellee as a result of appellant’s repossession of a trailer appellee was purchasing from him... More... $0 (5/9/2008 - AR )
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Technical Packaging, Inc. v. R
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Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its
former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal
malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment,
ruling that Hanch... More... $0 (5/9/2008 - FL )
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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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James Domka v. Portage County,
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As a result of James Domka’s plea
bargain following his third-offense arrest for driving
under the influence, his sentence included work-release
privileges (known in Wisconsin as “Huber privileges”) and
the opportunity to serve the majority of his jail time at
home under Portage County’s Home Detention Program
(“HDP”). While under the HDP, Do... More... $0 (4/26/2008 - WI )
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Great Lakes Exploration Group,
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Great Lakes Exploration Group, LLC (GLEG),
a private underwater exploration and salvage company, brought an in rem admiralty action seeking
an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s.
The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck
Act (... More... $0 (4/25/2008 - MI )
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Francis Marcoux, et al. v. She
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Defendants-appellants Shell Oil Company, Shell Oil Products Company (collectively, "Shell"), and Motiva Enterprises appeal jury verdicts against them on several claims relating to their treatment of plaintiffs-appellees (the "Dealers"), franchisees and operators of Shell-branded service stations. Shell and Motiva (together, "the defendants") challe... More... $0 (4/22/2008 - MA )
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Samuel C. Johnson 1988 Trust,<
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At issue in this lawsuit are
Bayfield County’s (“the County”) ongoing efforts to
convert unused railway lines in the County into snowmobile
trails. As the legal basis for its plans, the County
alleges that the United States retains a reversionary interest
in these railroad right-of-ways and that Congress has
established that, pursuant to this... More... $0 (4/2/2008 - WI )
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Amigo Broadcasting, LP v. Span
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This case stems from the termination of an employment relationship
between Appellant Amigo Broadcasting, LP (“Amigo”) and Appellees Joaquin
Garza (“Garza”) and Raul Bernal (“Bernal”), and Garza and Bernal’s decision to
enter into a new employment relationship with Appellee Spanish Broadcasting
System, Inc. (“SBS”). Amigo seeks a reversal of the... More... $0 (3/19/2008 - TX )
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Raymon Poland v. Dr. James Wil
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Appellants, Raymond Poland, individually and as independent administrator of the estate of Jessie Poland, Robert Martin, and Frank Martin (“the Poland parties”), appeal from a judgment dismissing their health-care-liability and related claims against appellee, Dr. James Willerson. We determine whether the trial court erred in granting appellees’ mo... More... $0 (3/14/2008 - TX )
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Sheila Harper and Clayton Harp
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¶1 Sheila and Clayton Harper appeal from the district court's
entry of summary judgment in favor of Keith H. Evans, M.D.; Gary
B. White, M.D.; and Uintah Basin Women's Health (collectively,
Defendants). We affirm.
BACKGROUND
¶2 In Fall 2002, Sheila Harper saw Evans for consultation and
evaluation of several health issues, including ... More... $0 (3/12/2008 - UT )
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Carol S. Matoush v. David H. L
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In this adverse possession case, we review the court of appeals’ opinion in Matoush v. Lovingood, 159 P.3d 741 (Colo. App. 2006) .1 There, the court of appeals concluded that the trial court applied the wrong legal standard to a claim to terminate an easement by adverse possession.2 The easement at issue here creates a right-of-way across Responden... More... $0 (3/3/2008 - CO )
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Ty, Inc. v. Softbelly's Inc.,<
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Ty Inc., the manufacturer of
“Beanie Babies,” years ago brought this suit for trademark
infringement under the Lanham Act against Softbelly’s,
Inc., and some other defendants that need not be
discussed separately. Softbelly’s manufactures a product
that looks and feels very much like “Beanie Babies,” which
it calls “Screenie Beanies.” They di... More... $0 (2/27/2008 - IL )
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John W. Nicoll as Trustee, etc
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In the 1860’s, J.W. Nicoll constructed a three-mile long ditch (the Nicoll Ditch) to
convey water from the south fork of the Kern River to his 300.5-acre property. A 1902
judgment confirmed his right to appropriate a defined quantity of water from the Kern
River through the Nicoll Ditch for use on the property. The subject property consisted of
... More... $0 (2/27/2008 - CA )
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Keith Gayle Davis v. Forest Ri
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Defendant Forest River appeals as of right an order granting revocation of acceptance
under the Magnuson-Moss Warranty Act (the MMWA), 50 USC § 2301 et seq., to plaintiff of a
recreational vehicle (RV) manufactured by Forest River and sold by Kitsmiller RV1. We affirm,
albeit with one clarification.
As we discuss infra, the remedy of “revo... More... $0 (2/26/2008 - MI )
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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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Titan Electric Corporation v.<
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Public Contract Code section 41071 provides that the prime contractor on a
public works project cannot “[s]ubstitute a person as subcontractor in place of the
subcontractor listed in the original bid” unless any of nine listed circumstances
exists and the awarding authority consents. (§ 4107, subd. (a).) The statute further
provides that absent... More... $0 (2/20/2008 - CA )
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Valley Advocates, et al. v. Ci
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This appeal concerns an application to demolish a building located in downtown
Fresno and expand a parking lot onto the cleared land. The building is one of two nearly
identical 90-year-old apartment buildings located next to one another. After receiving the
site plans, the City of Fresno (City) (1) decided not to list either building in the loc... More... $0 (2/19/2008 - CA )
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Wasatch County v. E. Ray Okelb
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¶1 In this case and two companion cases that we also
decide today,1 we consider the operation of Utah Code section 72-
5-104(1) (the “Dedication Statute”), which provides as follows:
“A highway is dedicated and abandoned to the use of the public
when it has been continuously used as a public thoroughfare for a
period of ten years.”2 We granted... More... $0 (2/12/2008 - UT )
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Amy Difatta-Wheaton v. Dolphin
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After an authorized leave from her employment, Amy DiFatta-Wheaton (Wheaton) suffered a medical emergency the evening before her anticipated return to work and was unable to attend work as scheduled. Upon receiving notice from her employer, Dolphin Capital Corporation (Dolphin), that she had voluntarily abandoned her employment, she immediately sou... More... $0 (1/29/2008 - MO )
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George G. Isely v. City of Wic
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This is an inverse condemnation action brought by George R. Isely, as Trustee of the Mildred L. Isely Trust, et al. (Lessors), against the City of Wichita (City), regarding land owned by the Lessors and leased to Starr Holdings, L.L.C. (Lessee). The Lessors filed suit against the City seeking payment of just compensation as a result of the City'... More... $0 (1/28/2008 - KS )
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Joe Huh v. Guanyin J. Wang, et
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This litigation grew out of a home remodel. Plaintiff and appellant Joe Huh, doing
business as Omega Construction, entered into a contract with defendant and respondent
Guanyin Wang to remodel respondent’s residence.
After disputes arose, appellant filed this action in December 2004 for breach of
contract and to enforce a mechanic’s l... More... $0 (1/19/2008 - CA )
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Roger Szewczyk v. the Board of
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Plaintiff, Roger Szewczyk, served as a sergeant in the Village of Richmond (Village) police
department from 1995 to 1999. In 1999, Kevin Brusek, then the Village president, appointed him
police chief. In 2005, Brusek sent plaintiff a letter announcing that he was "terminated" from office.
After three votes, the five members of the Village board ... More... $0 (1/18/2008 - IL )
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Davis/Chino v. Agua Sierra
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¶1 Arizona law imposes certain restrictions on a property owner’s right to extract “percolating” groundwater and transport it for use elsewhere. Our issue is whether the law permits an owner that conveys real property to another to reserve for itself whatever commercial groundwater rights might be associated with the property. We hold the law ... More... $0 (1/15/2008 - AZ )
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Merwyn C. Davis v. Agua Sierra
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¶1 Arizona law imposes certain restrictions on a property owner’s right to extract “percolating” groundwater and transport it for use elsewhere. Our issue is whether the law permits an owner that conveys real property to another to reserve for itself whatever commercial groundwater rights might be associated with the property. We hold the law ... More... $0 (1/15/2008 - AZ )
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Todd Sturgill v. UPS
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Todd Sturgill was a full-time package car driver for United Parcel Service
(UPS) at its Center in Springdale, Arkansas. UPS terminated Sturgill when he refused
to complete his route on December 17, 2004, because working past sundown on a
Friday would violate his beliefs as a member of the Seventh Day Adventist Church.
Sturgill commenc... More... $0 (1/15/2008 - AR )
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Roberta Fernandez-Fox v. Estat
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Roberta Fernandez-Fox appeals a trial court order denying her petition for an
extension of time to file an independent action against the estate of David P. Lindsay.
Fox argues that the trial court erred in finding that a motion to strike was the same as an
objection and, because the trial court’s order was premised on this finding , revers... More... $0 (1/14/2008 - FL )
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McRae v. SSI Development, LLC<
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Margie McRae appeals pro se from the trial court's order adopting the
special master's report and denying her petition to quiet title to property on St.
Simon's Island. Finding no error, we affirm.
1. The record reveals that the trial court entered three different final
orders denying McRae's claims in this quiet title action. The trial... More... $0 (1/8/2008 - GA )
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Traco Steel Erectors, Inv. v.<
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¶1 Traco Steel Erectors, Inc. (Traco) appeals the trial court's
order granting partial summary judgment to Comtrol, Inc.
(Comtrol). Traco also appeals the trial court's calculation of
damages awarded to Comtrol and the trial court's determination
that Traco could not recover for certain change orders. Further,
Traco appeals the trial cour... More... $0 (12/28/2007 - UT )
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Mitchell Land and Improvement<
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Mitchell Land and Improvement Co. (Mitchell), brought an unlawful
detainer action (Code Civ. Proc., § 1161 et seq.), against its lessee, Ristorante Ferrantelli,
Inc. (Ferrantelli), based on alleged violations of a lease provision requiring the premises
only be used for lawful purposes. Mitchell contended Ferrantelli had erected an outdoor
... More... $0 (12/26/2007 - CA )
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Mary Salas v. Mountain States<
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{1} Plaintiff Mary Salas filed a complaint for breach of contract after Mountain States Mutual refused to provide her underinsured motorist coverage under a policy Mountain States had issued to Plaintiff's son and daughter-in-law. Mountain States requested summary judgment arguing that Plaintiff had failed to comply with the consent-to-se... More... $0 (12/24/2007 - NM )
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Tonya M. v. The Superior Court
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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... More... $0 (12/20/2007 - CA )
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Ruben Nunez v. Idalia Jimenez<
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On February 18, 2001, Idalia Jimenez entered the Heights Meat Market in Laredo, Texas. According to Jimenez, she took her six children, who ranged in age from thirteen to one, into the store with her. Another store patron, Sylvia De La Garza, allegedly witnessed Jimenez strike her thirteen-year-old son, pull the hair of one of her daughters, a... More... $0 (12/14/2007 - TX )
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United States of America, Pyra
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Pyramid Lake Paiute Tribe of Indians (Pyramid) appeals
the district court’s order affirming the decision of the Nevada
State Engineer which granted the transfer of water rights from
the parcels of property to which they were then appurtenant
to new parcels. All of the water rights are within the boundaries
of the Newlands Reclamation Proj... More... $0 (12/9/2007 - NV )
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Javon Boyd v. The City of Chic
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On November 19, 2000, plaintiff Javon Boyd and defendant
Darryl Carrothers, an off-duty police officer, engaged in an
early morning confrontation, which resulted in Carrothers drawing
his gun and shooting plaintiff. Subsequently, plaintiff was
arrested and charged with misdemeanor battery.
After the charge against plaintiff was dropped, h... More... $0 (12/5/2007 - IL )
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John P. Horgan, III, et al. v.
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In this case, we primarily reexamine our decision in Sandy Valley Associates v. Sky Ranch Estates,[1] which states that attorney fees as damages are available in cases clarifying or removing a cloud on title to property. We now retreat from that statement and hold that in cases concerning title to real property, attorney fees are only allowable... More... $0 (12/1/2007 - NV )
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Ralph William Boyer v. Kathryn
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[¶1.] Ralph Boyer appeals the circuit court’s judgment concluding that Boyer’s easement for ingress and egress over Kathryn Dennis’ property was extinguished by nonuse and intent to abandon. We reverse.
[¶2.] Boyer and Dennis own adjoining parcels of land. The northern border of Boyer’s property (Lot B) is the southern border of Dennis’ ... More... $0 (11/20/2007 - SD )
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Long Truong, et al. v. Cu Van<
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In this appeal, we address the question whether the doctrine of primary assumption
of risk bars a claim for the wrongful death of a passenger who tragically died as a result
of a collision between the personal watercraft she was riding and another similar
watercraft owned and operated by the defendants. We are further invited to distinguish
... More... $0 (11/9/2007 - CA )
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Canal Insurance Company appeals the trial court’s final judgment in a lawsuit brought by Mark Hopkins d/b/a Hopkins Towing and Recovery to recover towing charges incurred by Paul Mullinax, Canal’s insured. Canal raises ten issues on appeal. We affirm.
Background
On August 20, 2004, Henry Sweeney was operatin... More... $0 (10/25/2007 - TX )
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Leland Stahelin and Jes Ventur
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Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land
bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the
property, and defendant the Forest Preserve District of Du Page County (the District) wishes to
preserve the property in its current state, for the benef... More... $0 (10/10/2007 - IL )
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Plaintiff, an attorney, appeals a judgment dismissing his claims for wrongful initiation of civil proceedings. Those claims allege that defendants, attorneys Rein and Teicher and their respective law firms, prosecuted an action against him in federal court without probable cause and with an improper purpose. The trial court granted defendants'... More... $0 (9/26/2007 - OR )
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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... More... $0 (9/11/2007 - RI )
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In Knight v. Jewett (1992) 3 Cal.4th 296 (Knight), we considered the duty
of care that should govern the liability of sports participants. We recognized that
careless conduct by coparticipants is an inherent risk in many sports, and that
holding participants liable for resulting injuries would discourage vigorous
competition. Accordingly, ... More... $0 (9/3/2007 - CA )
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Bina Shahani appeals the district court's order granting John Navani's petition that their son be returned to England, the child's country of habitual residence, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and its implementing legislation, the International Child Abduction Remedies Act. The district cou... More... $0 (7/30/2007 - NM )
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Appellants, Paul Titus, James H. McConomy, Lindsey D. Alton, Thomas
D. Arbogast, S. Link Christin, Martin J. Hagan, David B. Mulvihill, David G.
Oberdick, Manning J. O’Connor II, Adrian N. Roe, Mark Stadler, Thomas C.
Wettach, and Titus & McConomy LLP a/k/a Titus & McConomy, a
Pennsylvania general partnership and law firm formerly composed o... More... $0 (7/17/2007 - PA )
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