This case concerns a landlord's liability for harm to a tenant's guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of th... More...   $0 (11-18-2009 - OR)

Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that... More...   $0 (11-18-2009 - OR)

Petitioner, Willamette Oaks, LLC, seeks review of the Land Use Board of Appeals (LUBA) decision affirming the City of Eugene's (city) approval of a zone change for certain land from medium-density residential to limited high-density residential, contending that LUBA's order is unlawful in substance. We review pursuant to ORS 197.850 and, on review, hold that LUBA improperly concluded that the cit... More...   $0 (11-18-2009 - OR)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More...   $0 (11-13-2009 - IL)

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for... More...   $0 (11-09-2009 - )

Plaintiffs Carl and Della Darst, residents of, and owners of real property in, Blairstown Township, appeal the Law Division's validation of four discrete conditions imposed by the Township's Zoning Board of Adjustment ("the Board") when granting plaintiffs site plan approval for their property. For the reasons stated in this opinion, we affirm the trial court with respect to three of the c... More...   $0 (11-09-2009 - NJ)

Fifteen plaintiffs from the coordinated statewide clergy sex abuse cases appeal from the judgment of dismissal entered after the trial court sustained defendants‟ demurrers without leave to amend because plaintiffs‟ did not bring their previously time-barred claims against various Catholic Church entities during the one-year revival window for such claims. (Code Civ. Proc., § 340.1, subd. (c)... More...   $0 (11-06-2009 - CA)

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti... More...   $0 (11-04-2009 - ME)

Matrixx Initiatives, Inc. (“Matrixxâ€�) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€�) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€�)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century�) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s�) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

This action involves a dispute over the parties‟ respective rights upon termination of a joint venture. Appellants Jan Vreeken (Vreeken); Gergbroeders Meijer Belegging, B.V., a Netherlands corporation (Gergbroeders); Lockwood Engineering, B.V., a Netherlands corporation (Lockwood); and Third-Party Appellants Lockwood Packaging Corporation (LP) and Lockwood Packaging Corporation Idaho (LPI) file ... More...   $0 (10-21-2009 - ID)

¶1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. §§24A.1, et seq., to inspect the prelimi... More...   $0 (10-16-2009 - OK)

¶1 Defendant, Volkswagen of America. Inc. (VW), appeals the trial court's certification of a class action. The question to be decided is whether the trial court abused its discretion in granting class action status. We hold that it did not and affirm.

FACTS

¶2 Plaintiffs, Rajina Hess and Kelly Parsons, each own a Jetta automobile manufactured and/or sold by VW. Each vehicle was pur... More...   $0 (10-16-2009 - OK)

This consolidated appeal presents the next step in the ongoing first amendment challenge to the validity of Du Page County's zoning codes regulating adult expression, which we first explored in County of Du Page v. Hot Shots on North Avenue, Inc., Nos. 2--05--0069 & 2--05--0072 cons. (2006) (unpublished order under Supreme Court Rule 23). This time, defendants Warren J. Wright, individually and do... More...   $0 (10-12-2009 - IL)

The United States District Court for the Southern District of Iowa certified two questions to this court arising out of a products liability action. The two certified questions are:

1. Will the Iowa Supreme Court adopt sections 16 and 17 of the Restatement (Third) of Torts: Products Liability governing liability for enhanced injury, specifically, including rules of joint and several liabi... More...   $0 (10-09-2009 - IA)

¶1 Michael J. Fasbender, John W. Herrin, and unnamed plaintiffs John and Jane Does 1- 25 (collectively Fasbender), challenged the adoption of interim zoning regulations by the Lewis and Clark County Board of County Commissioners (Board). Fasbender appeals from an Order in the First Judicial District, Lewis and Clark County, granting summary judgment to the Board. We affirm.

¶2 We review... More...   $0 (10-08-2009 - MT)

Christina Pacheco appeals the district court’s grant of summary judgment in favor of Shelter Mutual Insurance Company (“Shelter Mutualâ€�) and Shelter General Insurance Company (“Shelter Generalâ€�). We reverse and hold that Shelter General’s policy exclusion of resident relatives who own a vehicle from Uninsured Motorist/Underinsured Motorist (“UM/UIMâ€�) coverage violates Colorado publ... More...   $0 (10-07-2009 - CO)

Appellants, California Building Industry Association, Coalition for Urban Renewal Excellence, Valley Taxpayers Coalition, and Modesto Chamber of Commerce, challenge the validity of two rules adopted by respondent, San Joaquin Valley Air Pollution Control District (District). These rules, commonly referred to as indirect source review (ISR), are intended to encourage developers to reduce indirect p... More...   $0 (10-06-2009 - CA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (10-02-2009 - MA)

¶1 In this case we are asked to determine whether the trial court exceeded its jurisdiction and abused its discretion when it entered a temporary injunction against the State of Oklahoma, by and through the Oklahoma Tax Commission (OTC). The Plaintiff is Feather Smoke Shops, LLC, (Feather) an Oklahoma limited liability company with its principal place of business located in Osage County, Oklahoma... More...   $0 (10-01-2009 - OK)

Defendant, the City of Bend, appeals a general judgment in which the trial court declared that an ordinance and resolution that created an economic improvement district (EID) within the city and imposed assessments against affected property owners, including plaintiffs, were "null, void and unenforceable." On appeal, defendant contends that (1) the trial court lacked jurisdiction to issue a decla... More...   $0 (09-30-2009 - OR)

¶1 Delta Equipment Industrial Systems, Inc. (“DEIâ€�) appeals the district court’s summary judgment dismissing DEI’s setoff counterclaim and ruling that DEI is in unlawful detainer of property owned by Benedict Bichler (“Bichlerâ€�). Specifically, DEI challenges the district court’s determination that (1) DEI lacked a valid basis for asserting a claim of setoff and (2) DEI’s claim of ... More...   $0 (09-29-2009 - UT)

¶1 The issue presented for decision is whether all intangible property is exempt from taxation or just the intangible property set forth in Okla. Const. art. 10, § 6A.1 The context in which this issue arises is the assessment of the property of Southwestern Bell Telephone Company by the State Board of Equalization for the years 2005, 2006 and 2007.2

¶2 Southwestern Bell's property is ass... More...   $0 (09-29-2009 - OK)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (09-29-2009 - MA)