Terri Greig brought this medical malpractice action against Dr. Maged Botros in the District of Kansas based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The decedent Michael Greig, Terri Greig’s husband, died from a ruptured aortic dissecting aneurysm, which occurs when the aorta tears. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. ___________________... More...   $0 (05-21-2013 - KS)

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendaleâ€�) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th... More...   $0 (05-20-2013 - AZ)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

Andrea Olsen was employed by the Capital Regional Medical Center (CRMC) as a mammography technician. Olsen, who has epilepsy, suffered numerous seizures at work. After Olsen was unable to reduce her seizures with CRMC's office accommodations, CRMC placed Olsen on unpaid administrative leave. CRMC offered to reinstate Olsen after learning Olsen was taking medicine that successfully controlled the s... More...   $0 (05-07-2013 - mo)

A jury found that Raytheon Company (“Raytheonâ€�) willfully violated the Age Discrimination in Employment Act (“ADEAâ€�), 29 U.S.C. § 621 et seq., and the Texas Commission on Human Rights Act (“TCHRAâ€�), TEX. LAB. CODE § 21.001 et seq., by terminating Richard Miller (“Millerâ€�) because of his age. The district court denied Raytheon’s motion for judgment as a matter of law (“JMOLâ€�... More...   $0 (05-03-2013 - TX)

In Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003), the Supreme Court set out a test for determining whether a shareholder-director of a professional corporation is an “employeeâ€� for purposes of the Americans with Disabilities Act (ADA). Id. at 449-50. This appeal allows us to consider whether that test applies to business entities that are not professional corporatio... More...   $0 (04-30-2013 - PA)

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

Guillermo Garza, doing business as Wilhome Builders and Construction, (“the builder�) sued Jesse Cantu (“the buyer�) for breach of a construction contract. After the jury returned a verdict for the builder, the buyer moved for judgment notwithstanding the verdict (JNOV), arguing that the jury’s damages calculations lacked evidentiary support. The trial court granted the motion. We
More...   $0 (04-16-2013 - TX)

Steven Cromwell was fired from his position as a police lieutenant for the City of Momence, Illinois, after an incident of alleged misconduct. Cromwell sued the City and various city officials, arguing that his termination was procedurally inadequate under the Due Process Clause of the Fourteenth Amendment. As a necessary predicate to that claim, he contends that he had a constitutionally protecte... More...   $0 (04-12-2013 - IL)

Plaintiff-appellant Gladys Sotomayor appeals from the district court's judgment dismissing her claims of employment discrimination and retaliation under federal, state, and New York City law. We hold that the district court properly granted summary judgment dismissing her claims. Accordingly, we affirm.

BACKGROUND

Sotomayor, a schoolteacher, is a fifty-six year old woman of Hispanic ... More...   $0 (04-12-2013 - NY)

Plan B and Plan B One-Step are emergency contraceptives that can be taken to reduce the risk of pregnancy after unprotected intercourse. In 1999, Plan B became the first emergency contraceptive drug approved for prescription-only use in the United States. In 2006, the Food and Drug Administration (“FDAâ€�) approved non-prescription access to Plan B for women 18 and older, and with a prescription... More...   $0 (04-06-2013 - NY)

Former Chicago Police Commander Jon Burge presided over an interrogation regime where suspects were suffocated with plastic bags, electrocuted until they lost consciousness, held down against radiators, and had loaded guns pointed at their heads during rounds of Russian roulette. The use of this kind of torture was designed to inflict pain and instill fear while leaving minimal marks.

2 N... More...   $0 (04-02-2013 - IL)

2 Aereo, Inc. (“Aereo�) enables its subscribers to watch broadcast television programs over
3 the internet for a monthly fee. Two groups of plaintiffs, holders of copyrights in programs broadcast
4 on network television, filed copyright infringement actions against Aereo in the United States
5 District Court for the Southern District of New York. They moved for a preliminary injunc... More...   $0 (04-02-2013 - NY)

A.C., a minor with Type 1 diabetes, her mother, J.C., and her father, B.C., are the Plaintiffs-Appellants in this case. A.C. attended Bon Lin Elementary School, a school governed by Defendant-Appellee Shelby

1

No. 11-6506 A.C., et al. v. Shelby Cnty. Bd. Of Educ. Page 2

County Board of Education (“SCBEâ€�). After three years of wrangling between Bon Lin officials and P... More...   $0 (04-01-2013 - TN)

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade (“Meadeâ€�), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma (“Lot 28â€� of “Floyd Additionâ€�). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into the plat... More...   $1 (03-28-2013 - OK)

Raymond Ruiz, Jr. (“Ruiz�) appeals his conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. BACKGROUND

On September 6, 2008, sisters Diane and Daisy Fuentes saw a man holding a shotgun, mumbling, and walking down a street in their residential neighborhood. Diane c... More...   $0 (03-28-2013 - CA)

Over a decade ago, defendant Guy Westmoreland was convicted in two trials, in the first for conspiracy to distribute a controlled substance, and in the second for five additional counts stemming from the murder of the wife of his partner in drugdealing: causing the death of a person through the use of a firearm during a drug trafficking crime; using interstate commerce facilities to commit murder ... More...   $0 (03-25-2013 - IL)

This appeal arises from a workplace discrimination suit filed by Plaintiff-Appellee Kamal Aly ("Aly" or "Appellee") against Defendant-Appellant Mohegan Council, Boy Scouts of America ("Mohegan Council" or "Appellant"), in which Appellee alleged that he was denied career advancement opportunities on account of his religion (Islam) and national origin (Egyptian-American). Following trial, the jury ... More...   $0 (03-25-2013 - MA)

The “exclusive rightsâ€� that a copyright owner has “to distribute copies. . . of [a] copyrighted work,â€� 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first saleâ€� doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE ... More...   $0 (03-14-2013 - FL)

Colin Williams appeals a final summary judgment that he take nothing in a suit to recover the value of stock options that he alleged were owed to him by a former employer. We will affirm the district court’s judgment.

BACKGROUND

The material underlying facts are largely undisputed. On May 10, 1999, Williams executed a contract, titled “Employment Agreement,â€� with AmCOMP Incorpo... More...   $0 (03-14-2013 - TX)

This case arises from a wrongful termination lawsuit filed by Plaintiff- Appellant Henry Lewis Patterson against Defendant-Appellants Yazoo City, Yazoo County, and Yazoo Recreation Commission. Patterson seeks reversal of the district court’s grant of summary judgment as to Yazoo County, and of its judgment based upon a jury verdict with respect to Yazoo City and Yazoo Recreation Commission. Patt... More...   $0 (03-14-2013 - MS)

This appeal involves competing motions for enforcement and contempt orders entered against both appellant, Patrice McBride, and appellee, Albert McBride, for violating several provisions of their divorce decree. Albert was held in contempt for failing to pay certain child support commitments; Patrice was held in contempt for violating certain provisions of the parties’ standard possession order.... More...   $0 (03-12-2013 - TX)

This appeal raises first-impression issues regarding the burden of proof when a criminal defendant asserts immunity from criminal prosecution under the justified use-of-force provisions of K.S.A. 21-3219. We hold that the burden of production to negate a claim of immunity rests with the State and the controlling standard of proof is probable cause. Applying those holdings to the facts of this case... More...   $0 (03-01-2013 - KS)

Plaintiff Carol Ann Smith appeals the district court’s grant of summary judgment in favor of her former employer, the Perkins Board of Education, as well as its superintendent and the principal of the middle school at which she was a teacher. Plaintiff alleges that she was terminated on account of her age in violation of Ohio Rev. Code § 4112.14, that she was denied reasonable accommodations an... More...   $0 (02-27-2013 - OH)