In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun) appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes) in PacSun's breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires c... More...   $0 (10-10-2008 - CA)

The Los Angeles Unified School District (LAUSD or District) pays adult education teachers a regular periodic amount, identified as a “salary” in the applicable collective bargaining agreement, figured by multiplying a flat hourly rate for each hour of classroom teaching. LAUSD does not pay for additional time spent outside of classroom instruction for preparation, grading or other tasks in con... More...   $0 (10-10-2008 - CA)

Stonehouse Homes LLC (Stonehouse) appeals an order (judgment) of dismissal entered after the trial court sustained a demurrer to Stonehouse’s complaint for declaratory relief with leave to amend, and Stonehouse declined to amend. Stonehouse seeks a declaration that resolution No. 06-024 (moratorium resolution) was enacted by respondents the City of Sierra Madre (City) and the Sierra Madre City C... More...   $0 (10-10-2008 - CA)

We hold an agreement by which a lender agreed to forbear from exercising the right of foreclosure under a deed of trust securing an interest in real property comes within the statute of frauds. We also conclude the borrowers in this case failed as a matter of law to establish estoppel to assert the statute of frauds. As a result, we affirm a judgment declaring valid a notice of default and electio... More...   $0 (10-10-2008 - CA)

Plaintiff-appellant Centerprise International, Ltd. (“Centerprise”), a British computer manufacturer that purchased dynamic random access memory (“DRAM”) outside of the United States, appeals the district court’s dismissal of its complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”), 15 U.S.C. § 6a, amending the Sherman... More...   $0 (10-10-2008 - CA)

This appeal arises out of the termination of a franchise agreement. Appellants Jay Bharat Developers, Inc. (Jay Bharat), Jay Bharat Resorts, Inc., Bipin Morari (Morari), and Chandrakant Patel (Patel), the franchisees, challenge a trial court order granting the motion for a preliminary injunction of respondents Jim Minidis (Jim), Lynn Minidis (Lynn),1 Red Brick Pizza Worldwide, Inc. (Red Brick Pizz... More...   $0 (10-09-2008 - CA)

Shontral L. Farrier sued the United States Department of Veterans Affairs on a civil rights violation theory relating to her employment. The claims made and defenses asserted are not available.... More...   $0 (10-09-2008 - OK)

Gary Holmes’ s vacation home was damaged when a rubber hose that was part of an embedded heating system began to leak in 1993. After the hose continued to leak for several years, despite numerous repairs, Holmes replaced the entire heating system in 2001 and 2002. In a suit against the manufacturer of the hose, The Goodyear Tire & Rubber Company ("Goodyear"), Holmes sought and recovered the cost... More...   $0 (10-09-2008 - co)

Although the Fair Labor Standards Act (“FLSA”) generally requires an employer to pay its employees at a rate of one and one-half times their regular rate of pay for any time worked in excess of forty hours in a given workweek, it exempts from this requirement “executive, administrative or professional” employees. At issue here is whether full-time pharmacists working for Wal-Mart Stores, I... More...   $0 (10-08-2008 - )

We must decide whether Jeanne E. Caldwell, who asserts an interest in being informed about how teachers teach the theory of evolution in biology classes, has standing to pursue an Establishment Clause claim arising out of her offense at the discussion of religious views on the “Understanding Evolution” website created and maintained by the University of California Museum of Paleontology and fu... More...   $0 (10-08-2008 - CA)

Plaintiffs Glynn Ley and Public Employees’ Retirement System of Mississippi (collectively, “Plaintiffs”) appeal a district court’s grant of Defendants’ Visteon Corporation, Peter Pestillo, Michael Johnston, Daniel R. Coulson, James Palmer, and Pricewaterhousecooper, L.L.P., (“PwC”) (collectively, “Defendants”) motions to dismiss Plaintiffs’ class action securities violation cla... More...   $0 (10-08-2008 - MI)

The Crawford Group, the parent company of Enterprise Rent-A-Car, appeals from the district court’s1 order confirming an arbitration award of some $20.7 million in favor of William F. Holekamp in a dispute over the value of Holekamp’s stock in the company. We affirm.

Holekamp began his employment with Crawford in St. Louis in 1976, having earlier worked for Enterprise Car Rental. In 1980... More...   $0 (10-08-2008 - MO)

This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student’s speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table. The district court held tha... More...   $0 (10-07-2008 - MI)

Stacie Foster filed suit against the defendants claiming that they violated her First Amendment rights by terminating her because of her political affiliation. The district court granted the defendants’ motion to dismiss and terminated the case on the same day, and later denied Foster’s motion to amend her complaint. Because the district court failed to articulate a reason for denying Fosterâ€... More...   $0 (10-07-2008 - IL)

In September 1989, when Alejandro Dominguez was fifteen years old, he was arrested on charges of home invasion and sexual assault, based on the allegations of eighteen-year-old Lisa Kraus, who lived in the same building as he did. Dominguez was convicted and spent four years incarcerated before being paroled. Throughout this process and the period following his release, he maintained his innocence... More...   $9063000 (10-07-2008 - IL)

The Equal Employment Opportunity Commission (“EEOC”) filed suit against Lee’s Log Cabin restaurant in Wausau, Wisconsin, claiming it violated the Americans with Disabilities Act (“ADA”) when it refused to hire Korrin Krause Stewart for a waitstaff position because she was HIV-positive. After Log Cabin moved for summary judgment, the EEOC switched gears and claimed Log Cabin did not hire... More...   $0 (10-07-2008 - WI)

If a federal law enforcement officer commits a tort, the victim has two distinct avenues of relief: he may pursue a constitutional tort claim against the individual officer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), or he may pursue a common law tort claim against the United States pursuant to the Federal Tort Claims... More...   $0 (10-07-2008 - IL)

On the evening of April 8, 2003, Frederick Grady was involved in a major traffic accident. Although Grady escaped without serious injury, his van rolled over on its side and was severely damaged. Later that night, Grady was arrested when he trespassed on the private lot where his damaged van was being held. He was taken to a Chicago police station and placed in a holding cell. In the early morning... More...   $0 (10-07-2008 - IL)

Plaintiffs, seven former employees of the State Lottery Commission of Indiana, which does business under the name Hoosier Lottery (hereinafter “Lottery”), sued their former employer under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. They claimed that they were fired because of their race. The Lottery moved to dismiss the plaintiffs’ § 1981 claims on the basis that it was... More...   $0 (10-07-2008 - IN)

[¶1] Mary Coonts owned and operated a business known as Mary’s Bake Shoppe. She also owned the building housing her business. In 2004, the building was severely damaged by fire. The City of Cheyenne determined the fire-damaged building posed a hazard to people’s health and safety and notified Coonts that it was condemning the building. Shortly after Coonts received the first notice of condemn... More...   $0 (10-06-2008 - WY)

Neighbors of Ipsco Steel Co., now SSAB Alabama, sued it on a nuisance theory complaining about the sound of steelmaking for mental anguish and loss of the enjoyment of their property. Plaintiffs were among about 50 households in the Axis area who lived in a rural setting prior to the plant's arrival, the area had been designated as industrial by the early 1980s. Plaintiffs complained about the n... More...   $0 (10-05-2008 - AL)

Sean McMahon sued Raymond J. Blake and Continental Express, Inc. on a negligence theory claiming that he lost part of his leg as a result of being run over by a semi-tractor trailer owned by Continental and driven by Blake at the Stony Ridge Inn Truck Stop in Lake Township in April, 2002.

The defenses asserted by defendants are not available.... More...   $1250000 (10-05-2008 - OH)

Robert L. Pearson sued Kirk McLean on a false arrest theory claiming that the Prince George's County police detective violated his rights by arresting him without sufficient evidence in two armed robberies. Plaintiff was arrested in the two armed robberies in June 2004 and was not released until March 2005, after county prosecutors dropped both charges against him. Plaintiff claimed that Kirk McLe... More...   $70000 (10-05-2008 - MD)

Parents and Estate of Gabriel M. Tobin sued the Washington Department of Social and Human Services, et al. on a governmental tort wrongful death theory for the death of two year old Tobin who wondered away from a state-licensed day care and drowned in Lake Tapps in 2004.

Plaintiffs claimed that the day care should not have been licensed because it didn't have a fence to prevent children ... More...   $11700000 (10-05-2008 - WA)

Janice Martin Arnett sued Rudy Brown on a breach of contract theory claiming that he failed to remedy deficiencies in the $1.4 million, 8,500 square foot house buildt by him and sold to Ms. Arnett. Arnett claimed that despite numerous requests, Brown failed to fix leaks in the house that directly caused her to develop pneumonia six times in 18 months.

The defenses asserted by Rudy Brown ar... More...   $903000 (10-05-2008 - )