We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant’s decedent received (or did not receive) at the Appellee nursing home – treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and remand the cause ... More...   $0 (07-03-2009 - PA)

We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) for Labor Code violations must satisfy class action requirements, but that those requirements need not be met when an employee‘s representative action against an employer is seeking civil penalties under the Labor Code Private Attorneys G... More...   $0 (06-29-2009 - CA)

Plaintiff James S. Phelps, as trustee of the John Wilson Phelps Trust (trust), challenges the action of respondent Webster J. Guillory, Orange County Assessor (Assessor), in reassessing a shopping center complex (property) held by the trust upon the death of Wilson W. Phelps (Wilson), an income beneficiary of the trust, and the decision of respondent Orange County Assessment Appeals Board No. 1 (a... More...   $0 (06-29-2009 - CA)

In the fire department of New Haven, Connecticut—asin emergency-service agencies throughout the Nation—firefighters prize their promotion to and within the officerranks. An agency’s officers command respect within the department and in the whole community; and, of course, added responsibilities command increased salary andbenefits. Aware of the intense competition for promotions, New Haven, ... More...   $0 (06-29-2009 - CT)

The Monsanto Company (“Monsanto”) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHIS”), approved the genetically modified alfalfa in 2... More...   $0 (06-28-2009 - ca)

In 1997, John Lonberg (“Lonberg”), a paraplegic, initiated a lawsuit against the City of Riverside (“City”), alleging vio- lations of the Americans with Disabilities Act (“ADA”) and its accompanying regulations. The district court divided the lawsuit into three phases. Phase one, the only phase at issue in this appeal, concerns Lonberg’s claim that the City’s plan to achieve ADA co... More...   $0 (06-26-2009 - ca)

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

This lawsuit arises from the efforts of defendant National Credit Acceptance, Inc. to collect a consumer debt from plaintiff Anastasiya Komarova that she did not owe. We review alleged debt collection abuse in the context of a mistaken identity case. Defendant appeals (A121316) from the judgment for plaintiff on jury verdicts finding defendant liable for violations of the Robbins-Rosenthal Fair De... More...   $0 (06-25-2009 - ca)

These consolidated cases arise from litigation that be-gan in Arizona in 1992 when a group of English Language-Learner (ELL) students in the Nogales Unified School District (Nogales) and their parents filed a class action, alleging that the State was violating the Equal Educational Opportunities Act of 1974 (EEOA), §204(f), 88 Stat.515, 20 U. S. C. §1703(f), which requires a State “to take app... More...   $0 (06-25-2009 - AZ)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo... More...   $0 (06-24-2009 - CA)

Philip Bodenstab sued Cook County and Cook County Hospital’s Chief Operating Officer, Lacy Thomas, and Medical Director, Bradley Langer, after he was fired from his position as an anesthesiologist at Cook County Hospital (now known as Stroger Hospital). Bodenstab alleged he was fired in violation of the Americans with Disabilities Act (“ADA”), and for exercising his First Amendment rights. B... More...   $0 (06-24-2009 - IL)

The plaintiffs, a couple named Cunningham, appeal from the dismissal, on the defendants’ motion for summary judgment, of a suit for common law nuisance. Jurisdiction is founded on diversity of citizenship. Indiana law would govern the substantive issues if there were any—but the only issues presented by the appeal are procedural.

From 1986 to the beginning of 2004, the plaintiffs operat... More...   $0 (06-24-2009 - IN)

Plaintiff-Appellant Jeffrey Reed appeals the district court’s order granting summary judgment in favor of Defendant-Appellee International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”). Reed claims that UAW, in violation of Title VII of the Civil Rights Act of 1964, failed to provide a reasonable accommodation for his religious objection to financi... More...   $0 (06-24-2009 - MI)

The Individuals with Disabilities Education Act (IDEA or Act), 84 Stat. 175, as amended, 20 U. S. C. §1400 et seq.,requires States receiving federal funding to make a “free appropriate public education” (FAPE) available to all children with disabilities residing in the State, §1412(a)(1)(A). We have previously held that when a public school fails to provide a FAPE and a child’s parentsplac... More...   $0 (06-23-2009 - DC)

These cases require us to address two questions under the Clean Water Act (CWA or Act). The first is whether the Act gives authority to the United States Army Corps ofEngineers, or instead to the Environmental Protection Agency (EPA), to issue a permit for the discharge of min-ing waste, called slurry. The Corps of Engineers hasissued a permit to petitioner Coeur Alaska, Inc. (Coeur Alaska), for a... More...   $0 (06-22-2009 - dc)

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.”1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

In this environmental-contamination case, plaintiffs Harry Stephens (Stephens) and two affiliated farming businesses appeal the district court’s adverse grant of summary judgment, holding that the applicable Arkansas three-year statute of limitations barred their action for damages, originally filed on June 9, 2006. Upon de novo review, see Bannister v. Bemis Co., 556 F.3d 882, 884 (8th Cir. 200... More...   $0 (06-19-2009 - AR)

This is a Title VII suit for sexual harassment and retaliation. Priscilla Huston appeals from a grant of summary judgment in favor of her former employer, Procter & Gamble Paper Products Corporation (P&G). Huston’s appeal hinges on whether two P&G employees qualify as “management level” so that their knowledge may be imputed to P&G for purposes of liability under Title VII. The United States... More...   $0 (06-19-2009 - PA)

Faced with a motion for a preliminary injunction, the district court held an evidentiary hearing, reserved decision, and thereafter granted the requested relief. Waldron v. Geo. Weston Bakeries, Inc., 575 F. Supp. 2d 271, 273 (D. Me. 2008). That ukase is the focal point of this appeal.

We rehearse the facts as found by the district court, consistent with record support. The plainti... More...   $0 (06-19-2009 - ME)

As an element of the 1986 reorganization plan of the Johns-Manville Corporation (Manville), the United StatesBankruptcy Court for the Southern District of New Yorkenjoined certain lawsuits against Manville’s insurers, including The Travelers Indemnity Company and its affiliates (Travelers). The question is whether the injunc-tion bars state-law actions against Travelers based on allegations eith... More...   $0 (06-19-2009 - DC)

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig... More...   $0 (06-18-2009 - ME)

The plaintiffs were insurance agents of the American Family insurance companies (which we’ll refer to as the “company”). The company terminated their agency agreement, precipitating this diversity suit for breach of contract, governed by Illinois law. The district court granted summary judgment in favor of the company.

The agency agreement provided that it could be terminated by eithe... More...   $0 (06-17-2009 - IL)

Carol Paselk, proceeding pro se, (1) appeals the final judgment awarding $100,000.00 in attorney's fees to David and Pat Rabun. Paselk and Reynolds filed suit August 23, 2005, against the Rabuns for negligence, nuisance, trespass, gross negligence, and negligence per se. Paselk and Reynolds alleged the dairy farm owned and operated by the Rabuns discharged approximately "90,000 gallons of thick, ... More...   $0 (06-16-2009 - TX)

This case involves a challenge to the City of Detroit’s zoning and sign ordinances by an adult cabaret operating in the City’s central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.

Although the district court held th... More...   $0 (06-15-2009 - MI)