Stephanie Lessard, a New Hampshire resident with multiple disabilities, is entitled to receive a free appropriate public education under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400, 1412(a)(1), (5), et seq. (2004). Footnote She is speech-language impaired, mentally retarded, and orthopedically impaired according to New Hampshire special education regulations. Sh... More...   $0 (01-20-2010 - nh)

¶1 The petitioner, Jerry R. Fent, filed an application asking this Court to assume original jurisdiction and declare unconstitutional 28 O.S. Supp. 2008 § 152(D)(E) and (F) and 28 O. S. Supp. 2008 § 152.1(B), which require a portion of fees paid to the court clerks in civil actions to be credited to or deposited to non-judicial programs. Mr. Fent bases his standing to obtain relief upon his sta... More...   $0 (01-19-2010 - OK)

Alice J. Banks attended a social event at an Elks Lodge in Nashville on March 24, 2006. While she was there, the chair on which she was seated collapsed, causing serious injuries to Ms. Banks’s back. Ms. Banks consulted with Dr. Robert 1 H. Boyce, a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. (“Premier Orthopaedicsâ€�), who recommended lumbar surgery at the L3-L4 a... More...   $0 (01-18-2010 - )

The plaintiff, Megan Smith, appeals an order of the Superior Court (Mangones, J.) upholding the denial of her request for financial assistance by the defendant, City of Franklin (City). The trial court ruled that the City correctly interpreted RSA 167:27 (2002) to preclude the plaintiff’s eligibility for local financial assistance because she receives Medicaid through the Aid to the Permanently ... More...   $0 (01-14-2010 - NH)

In these consolidated cases, plaintiffs are taxpayers who own real property against which defendant Dalton Township imposed what it called a “special assessmentâ€� to raise money for a sewer project. The primary issue raised on appeal, the resolution of which disposes of the appeal, is one of jurisdiction: did the lower court here have jurisdiction to decide whether the special assessments were ... More...   $0 (01-14-2010 - MI)

Appellant, Cash Rent-A-Car (“RACâ€�), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old Americanâ€�) and Affirmative Insurance Services, Inc. (“Affirmativeâ€�), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and viola... More...   $0 (01-14-2010 - TX)

This civil appeal stems from a suit alleging violations of the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq. (2002). The United States Commodity Futures Trading Commission (“the Commissionâ€�) brought this suit against Anthony Dizona, a commodities trader on the West Trading Desk of Coral Energy Resources, L.P. (“Coralâ€�). The jury found that Dizona had attempted to manipulate the market pr... More...   $0 (01-14-2010 - TX)

John Harrison sued Benchmark Electronics Huntsville, Inc. (“BEHI�), alleging, inter alia, that BEHI engaged in an improper medical inquiry, in violation of the Americans with Disabilities Act of 1990 (“ADA�), 42 U.S.C. § 12112(d)(2). The district court granted summary judgment in favor BEHI on all claims. We reverse.

I.

A.

In November 2005, Aerotek, a company that pla... More...   $0 (01-12-2010 - AL)

More than 40 years ago, our state Supreme Court was called upon in Insurance Co. of North America v. Electronic Purification Co. (1967) 67 Cal.2d 679 (Electronic Purification) to interpret a commercial general liability insurance (CGL) policy with a ―products hazard‖ exclusion for bodily injury damages which included both ―products‖ and ―completed operations‖ language. Reading the lang... More...   $0 (01-11-2010 - CA)

James E. Donovan died in a fire at Turner's Tap in Walnut, Illinois. Judy Donovan, his widow and the administrator of his estate, filed a lawsuit against four defendants: the County of Bureau (the County), the Village of Ohio (the Village), the Bureau County Emergency Board, a/k/a Bureau County Enhanced 911 (the Board), and Turner's Tap. Judy's complaint alleged, inter alia, an electronic equipmen... More...   $0 (01-11-2010 - IL)

From 1978 until July 1995, Robert Gilbert worked as a social studies teacher at Palatine High School, which was run by the Board of Education of Township High School District 211 (the “Districtâ€�). While Gilbert was widely regarded for his skills in the classroom, he continually sparred with colleagues and school officials. Tired of the conflicts, the District discharged Gilbert on July 12, 199... More...   $0 (01-11-2010 - IL)

Plaintiff, Robert J. Triffin, appeals from an order entered on July 1, 2008. The order was entered by Judge Donald S. Goldman and finds that Triffin by clear and convincing evidence committed a fraud on the court. The order goes on to award defendant, Automatic Data Processing, Inc. (ADP), counsel fees and costs in the amount of $44,000 and outlines various sanctions by way of an injunction agains... More...   $0 (01-11-2010 - NJ)

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo’s injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in ... More...   $0 (01-08-2010 - PA)

C.N., by and through her mother, J.N., appeals the dismissal of various federal claims against Willmar Public Schools, Independent School District No. 347 (the District), several officials affiliated with the District and her former special education teacher Lisa Van Der Heiden. We affirm.

I. BACKGROUND

When this action commenced, C.N., a special education student, attended fourth gr... More...   $0 (01-08-2010 - MN)

This is an appeal from an order decertifying a class of dentists as to their causes of action under the unfair competition law (UCL)1 and for breach of express warranty against the manufacturer of the Cavitron ultrasonic scaler (Cavitron). What prompted the decertification? An appellate court decision interpreting the Proposition 642 amendments to the UCL as requiring that all class members—not ... More...   $0 (01-07-2010 - CA)

[¶1.] Joel Darling (Darling) appeals the circuit court judgment that the South Dakota Department of Labor (the Department) erred in concluding his work-related injury was a major contributing cause of his disk bulges, nerve impingement, stress fractures, and disk slippage so that the treatment, including surgery, related to those conditions was compensable. We affirm in part and reverse in part.<... More...   $0 (01-06-2010 - SD)

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.

BACKGROUND

Procedural History

Plaintiff’s minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff fi... More...   $0 (01-06-2010 - IL)

Defendant-appellant Sherilyn Butler appeals the district court’s interlocutory orders denying her summary judgment on grounds of qualified immunity from suit under 42 U.S.C. § 1983 and Eleventh Amendment immunity from suit under the Americans with Disabilities Act (“ADA�), 42 U.S.C. § 12131 et seq., and denying her summary judgment on plaintiff-appellee Ned

1

Mingus’s Fourt... More...   $0 (01-06-2010 - MI)

Plaintiff appeals by right the trial court’s grant of summary disposition in favor of defendants. We affirm.

In September 2005, plaintiff was driving a vehicle northbound on Harper Avenue, at an intersection with a highway entrance ramp, when defendant Hill, driving a bus owned by defendant SMART Bus, Inc. (SMART), turned left in front of her vehicle, causing a collision. Plaintiff sued d... More...   $0 (01-05-2010 - MI)

This case returns to this Court on remand from our Supreme Court “for consideration of the defendant’s [fraud] argument that the trial court erred in granting summary disposition for the plaintiff and enforcing the parties’ attendant care services agreement.â€� Andres v State Farm Mut Auto Ins Co, __ Mich ___; 773 NW2d 20 (2009). After such consideration, we reverse the trial court’s grant... More...   $0 (01-05-2010 - mi)

Marie Lynette Austin appeals the district court’s order granting summary judgment in favor of the United States Postal Service (“USPSâ€�) on her Title VII claim. Austin argues that the district court erred by holding that she failed to exhaust her administrative remedies, and that the district court should have extended Title VII’s forty-five day filing deadline because she “did not know a... More...   $0 (01-05-2010 - )

This appeal centers on communications between the U.S. Department of Justice ("DOJ") and a telecommunications company, in which the company allegedly lobbied DOJ to take its side in litigation with a client of law firm Hunton and Williams, LLC ("Hunton"). The district court upheld DOJ’s decision to deny Hunton’s request under the Freedom of Information Act, 5 U.S.C. § 552 (2006), ("FOIA") for... More...   $0 (01-04-2010 - wv)

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain... More...   $0 (01-03-2010 - MD)

These appeals arise from separate actions brought by the plaintiffs, Frank Gerardi and Stephen Vitka, against the defendants, their employer, the city of Bridgeport (city), and Brian P. Rooney, the fire chief of the city, challenging the defendants’ effort to discipline the plaintiffs, who are city fire inspectors, for improper job performance, which was detected through the defendants’ use of... More...   $0 (01-02-2010 - CT)

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when... More...   $0 (01-01-2010 - pa)