| Agency Law |
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Scott Chesbro v. Board of Coun
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This case began when Scott Chesbro petitioned the trial court for review of the denial by the Board of County Commissioners of Douglas County, Kansas (Board), of a residential entrance permit for Chesbro's property located near Lone Star Lake. Chesbro claimed that because his property was located adjacent to Douglas County Road 1-E, the Board shoul... More... $0 (7/1/2008 - KS )
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State, ex rel. Stephen N. Six<
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This appeal asks us to resolve tension among the historical ban on lotteries contained in the Kansas Constitution, later amendments to the constitution that permit lotteries under certain circumstances, and recent legislative action seeking to increase state revenues by establishing supervised gambling venues. The issue before this court is narrow... More... $0 (7/1/2008 - KS )
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Gina Ontiveros v. DHL Express<
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Defendant DHL Express (USA), Inc. (defendant or DHL) appeals the trial court’s
order denying its motion to compel arbitration after plaintiff Gina Ontiveros (plaintiff)
filed a lawsuit against defendant DHL and four other defendants,1 raising various claims
related to sex discrimination, harassment, and retaliation arising from her employment
w... More... $0 (6/30/2008 - CA )
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Richard Dickson v. Roger Rehmk
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Plaintiff Richard Dickson filed this action in February
2005 to dissolve the Lodi Beer Company, LLC (the company), of
which he and defendant Roger Rehmke were the sole members,
contending in essence that defendant had ousted him from the
management and operation of the enterprise. (Corp. Code,
§ 17350, subd. (c), § 17351, subd. (a)(4).)1 In Fe... More... $0 (6/30/2008 - CA )
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Jose Mendoza, Dennis Fong and<
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Jose Mendoza, Dennis Fong and Rich De La Rosa sued the City of San Jose on a defamation theory claiming that a Sept. 11, 2002 e-mail sent to a Naglee Park man who ran a Web site critical of San Jose's redevelopment agency, which was attempting at the time to acquire the shopping center through eminent domain. The e-mail, signed "Juan Valdez," call... More... $851,000 (6/28/2008 - CA )
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United States of America and S
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In the late 1990s, Plaintiff United States and Intervenor
Shoshone-Bannock Tribes (“the Tribes”) approached Defendant
FMC Corporation, a mining company operating in Idaho,
about potential violations of federal and tribal environmental
laws. FMC reached an agreement with each party. FMC
agreed to pay the Tribes $1.5 million per year in lieu of ... More... $0 (6/27/2008 - ID )
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Lynn J. Hubbard and Barbara J.
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Plaintiffs-appellants Lynn and Barbara Hubbard filed parallel
claims for violations of both the Americans with Disabilities
Act (“ADA”) and the California Disabled Persons Act
(“CDPA”). Their complaint alleged barriers that deprived
them of full and equal access to the restaurant operated by
defendants-appellees SoBreck, LLC, dba Johnny Carino... More... $0 (6/27/2008 - CA )
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Newport International Universi
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[¶1] Newport International University, Inc. (hereinafter “NIU”) appeals from a
summary judgment granted in favor of the State of Wyoming, Department of Education
and Mr. McBride (hereinafter collectively “Department”). The district court ruled that the
Private School Licensing Act, Wyo. Stat. Ann. §§ 21-2-401 to 407 (LexisNexis 2007)
(hereinaft... More... $0 (6/27/2008 - WY )
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Matthew Fogel v. Wesley Collin
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Police officers of the City of Grass Valley, California,
arrested plaintiff-appellant Matthew Fogel and impounded his
van because of messages painted on the back of the vehicle.
Fogel brought suit against Grass Valley and six police officers
under 42 U.S.C. § 1983, alleging a violation of his First
Amendment rights. The district court assume... More... $0 (6/27/2008 - CA )
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State Farm Fire and Casualty C
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If an insured throws someone into a swimming pool intending to get the
other person wet, but by mistake does not throw hard enough and so the latter
lands on the pool’s cement step and suffers injuries, is the incident an “accident”
within the meaning of insurance law? We conclude it is.
In an action for damages for personal injuries and... More... $0 (6/26/2008 - CA )
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Cuidiville Band of Pomo Indian
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This appeal presents the single, seemingly straightforward
question whether the word “is” really means “is,” at least as
that word is employed in 25 U.S.C. § 81.1 At the core of the
present dispute, that statute requires the Secretary of the
Department of the Interior (“Secretary”) to approve any “contract
with an Indian tribe that encumbers I... More... $0 (6/26/2008 - CA )
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Coos County Board of Commissio
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We are asked to decide whether the Fish and Wildlife Service
(“FWS”)1 has an enforceable duty promptly to withdraw
a threatened species from the protections of the Endangered
Species Act (the “ESA” or the “Act”), 16 U.S.C. §§ 1531-
1544, after a five-year agency review mandated by the Act
found that the species does not fit into one of the sev... More... $0 (6/26/2008 - OR )
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Graylon L. Walch v. Adjutant G
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Graylon L. Walch brought suit based on his discharge from the Texas Air
National Guard and the loss of his position as a full-time National Guard civilian
employee. The district court found the claims to be non-justiciable. We agree
and affirm. Our decision does not affect any right Walch may have to return to
the interrupted administrative pro... More... $0 (6/25/2008 - TX )
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Scott Ockey and Catherine Cond
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¶1 This case arises from an intrafamilial struggle over
the division of profits from the development of a 2700-acre ranch
situated between the Park City Mountain Resort and The Canyons
Resort in Summit County. Beginning in 1976, the ranch was held
in various trusts established by members of the Condas family.
Scott Ockey (“Ockey”), one ... More... $0 (6/24/2008 - UT )
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William E. Kancilia v. Michele
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In this appeal, William Kancilia challenges the court of appeals’ conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia’s creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy’s trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He cla... More... $0 (6/23/2008 - CO )
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Viola Scott v. Michael J. Astr
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Appellant, Viola Scott (“Scott”), on behalf of her minor son, Absalom Scott
(“Absalom”), applied for Supplemental Social Security Benefits under Title XIX of
the Social Security Act. Scott claimed her son was disabled due to speech, learning,
and behavioral problems. The Social Security Commissioner (“Commissioner”)
denied Scott’s claim and the... More... $0 (6/23/2008 - AR )
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Pedro Medina v. Safe-Guard Pro
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Pedro Medina brought this Unfair Competition Law or “UCL” (Bus. &
Prof. Code §§ 17200 et seq.) action based on the fact he had purchased a vehicle service
contract, which is really an insurance contract, from a company not licensed to sell
insurance in California. (See Ins. Code, § 700 [requiring licenses of insurers].) On a
demurrer to the sec... More... $0 (6/21/2008 - CA )
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Robert M. Nelson, et al. v. Na
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The named appellants in this action (“Appellants”) are scientists,
engineers, and administrative support personnel at the
Jet Propulsion Laboratory (“JPL”), a research laboratory run
jointly by the National Aeronautics and Space Administration
(“NASA”) and the California Institute of Technology
(“Caltech”). Appellants sued NASA, Caltech, and t... More... $0 (6/21/2008 - CA )
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Aramark Facilities Services v.
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This case arose from the response by Aramark Facility Services
(“Aramark”) to a “no-match letter” from the Social
Security Administration (“SSA”), which indicated that Aramark had reported information for 48 of its employees at the
Staples Center in downtown Los Angeles that did not match
the SSA’s database. Suspecting immigration violations, A... More... $0 (6/21/2008 - CA )
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Clayton Poehl v. Countrywide H
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In these consolidated appeals, arising under the Fair Credit Reporting Act
(FCRA), 15 U.S.C. § 1681 et. seq., Clayton R. Poehl and Diane C. Ludditt-Poehl
appeal from adverse judgments on the pleadings granted by two district court judges
in favor of Countrywide Home Loans, Inc.1 and Capital One Auto Finance, Inc.2
Appellants Poehl and Lu... More... $0 (6/20/2008 - MO )
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General Motors Corporaton, etc
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Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and
Oldsmobile appeals interlocutorily from the circuit court’s order granting class certification
to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General
Motors asserts four points on appeal: (1) that extensive legal variations in... More... $0 (6/20/2008 - AR )
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James R. Donohoo v. Action Wis
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The petitioners, Action Wisconsin, Inc., and Christopher Ott, seek review of an unpublished court of appeals decision reversing a circuit court judgment that required attorney James R. Donohoo to pay costs and attorney fees for filing and maintaining a defamation lawsuit that was frivolous.[1] The defamation lawsuit was commenced in response to a p... More... $0 (6/17/2008 - WI )
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Morris Holender v. Mutual Indu
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The Age Discrimination in Employment Act (ADEA)
prohibits an individual from bringing suit under that statute until
60 days have passed since he or she filed a charge alleging
unlawful discrimination with the Equal Employment
Opportunity Commission (EEOC). See 29 U.S.C. 626(d).
During the pendency of this appeal, the Supreme Court
con... More... $0 (6/13/2008 - PA )
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Frank J. Lawrence, Jr. v. Jane
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Plaintiff-Appellant Frank J. Lawrence, Jr. (Lawrence)
appeals from the district courts judgment dismissing his claims filed pursuant to 42 U.S.C. 1983
against officials of the State Bar of Michigan in connection with their denial of his application for
a license to practice law. For the following reasons, we AFFIRM.
I. BACKGROUND
... More... $0 (6/13/2008 - MI )
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Ronald Michaelowicz v. Village
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For 28 years Ronald Michalowicz
was a firefighter and fire inspector for the Village of
Bedford Park, Illinois. In 2003 he was diagnosed with an
often fatal form of tongue cancer. With the permission of
Bedford Parks mayor, some of Michalowiczs coworkers
began soliciting donations from local businesses to help
cover the cost of his treatment.... More... $0 (6/13/2008 - IL )
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Lisa Bybee v. Alan Abdulla, M.
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¶1 Lisa Bybee filed a wrongful death action against Dr.
Alan Abdulla, alleging that his negligent care caused her
husband, Mark Bybee, to commit suicide. Because Mr. Bybee had
entered into an arbitration agreement, Dr. Abdulla filed a motion
to enforce the agreement and to compel Mrs. Bybee to arbitrate
her wrongful death claim. The district c... More... $0 (6/13/2008 - UT )
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Superior Receivable Services v
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¶1 In this debt collection case, James E. Pett appeals the
district court's entry of summary judgment ordering him to pay
Superior Receivable Services (Superior) for medical expenses,
costs, and attorney fees pursuant to a contract. We affirm.
¶2 Pett first argues that the district court erred as a matter
of law by granting summary judg... More... $0 (6/12/2008 - UT )
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Kim Seegmiller and Sharon John
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This case requires us to consider whether a municipality’s decision to
privately reprimand a police officer for her off-duty sexual conduct violated the
Constitution. Because we conclude the reprimand was reasonably related to
police department policies, we find no constitutional violation.
Sharon Johnson was an officer with the LaVerkin... More... $0 (6/11/2008 - UT )
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Concerned Citizens of Spring C
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[¶1] Appellants appeal the district court’s denial of their motion to intervene in a dispute between their homeowners’ association and another property owner. We will affirm.
ISSUES
[¶2] Proposed Intervenors raise the following issues on appeal:
1. Whether the district court properly denied Proposed Intervenors’ Motion to In... More... $0 (6/10/2008 - WY )
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Brent Berson and Frank Whiting
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We consider whether plaintiffs adequately pled a claim of
securities fraud—something that is much harder now than in
days gone by.
Facts
Plaintiffs bought stock in Applied Signal Technology, Inc.,
during the six months before the company revealed that its
revenue had fallen 25% from the preceding quarter. Immediately
following ... More... $0 (6/9/2008 - CA )
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John M. Ferguson v. Coregis In
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What happens when an insurance company includes a policy
endorsement meant to reduce the dollar limits to which it
will respond for its policyholder’s liability, but does so by reference
to a non-existent standard? What should happen: the
endorsement is ineffective to reduce those limits.
Plaintiff-Appellant, John M. Ferguson, filed thi... More... $0 (6/9/2008 - ID )
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Florence Hervey v. Cty. of Koo
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Florence Hervey brought a claim pursuant to Title VII of the Civil Rights Act,
42 U.S.C. § 2000e et seq., and the Minnesota Human Rights Act, Minn. Stat. § 13.01
et seq., alleging that her employer, Koochiching County, and supervisors Duane
Nelson and John Mastin, discriminated against her on the basis of her sex, and
retaliated against her for... More... $0 (6/9/2008 - MN )
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Darr Angell, Individually, and
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In this diversity action, Plaintiff Darr Angell appeals the district court’s ruling in
favor of Defendant Polaris Production Corporation (Polaris) after a two-day bench trial.
Mr. Angell brought suit on behalf of the State of New Mexico alleging that Polaris
created a public nuisance by contaminating the groundwater beneath his property.1 We
ex... More... $0 (6/7/2008 - NM )
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Clyde Williams v. United Parce
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This case requires us to determine the boundary between state statutes that
regulate employee drug testing, such as Oklahoma’s Standards for Workplace
1The accuracy of these statistics has since been questioned. See National
Academy of Sciences, Under the Influence? Drugs and the American Workforce
(Jacques Normand, et al. eds., 1994).
... More... $0 (6/7/2008 - OK )
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Eugene F. Field, Jr. and Nancy
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¶ 1. Plaintiffs in this case are Nancy and Eugene Field, farmers from Connecticut who wanted to purchase a particular Vermont farm. Defendants are four independent parties including: the previous owners of the subject farm, Armando and Maria Costa; the current owners of the farm, Lorenzo and Amy Quesnel; a real estate agency and one of its brokers... More... $0 (6/6/2008 - VT )
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LSI Title Agency, Inc. v. Eval
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¶ 1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9,
2007, and entered April 11, 2007, that granted the motion for judgment on
the pleadings filed by LSI Title Agency, Inc. f/k/a Lender’s Service, Inc.
(LSI). In the same order, the court precluded ESI from litigating and/or
continuing its breach of contract claim before th... More... $0 (6/6/2008 - PA )
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Harmont T. Sharp III, et al. v
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The Writers Guild of America (the Guild) had reason to believe that reality
television production companies and television networks violated wage and labor laws.
The Guild held meetings during which employees of reality television discussed the
purported violations. Some who participated in the meetings, along with other reality
television empl... More... $0 (5/30/2008 - CA )
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Ocean Harbor House Homeowners<
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Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a
costal development permit from defendant California Coastal Commission (the
Commission) to build a seawall to protect their condominium complex from erosion that
threatened its structural integrity. The Commission granted the permit but as a condition
required Homeowners ... More... $0 (5/23/2008 - CA )
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Arthur Britton v. Unviersity o
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The plaintiff, Arthur Britton, filed a complaint sounding in premises liability against the
University of Chicago Hospitals. Mr. Britton was injured while entering the hospital through a
revolving door when the glass surrounding the revolving door shattered. The trial court granted
summary judgment in favor of the defendant. We affirm.
B... More... $0 (5/23/2008 - IL )
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George Siepel v. Bank of Ameri
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Several beneficiaries of trust accounts maintained by Bank of America, N.A.,
filed a class action complaint against the Bank, its holding corporation, and affiliated
investment companies. In addition to alleging claims under federal securities laws,
the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and
breached ... More... $0 (5/19/2008 - MO )
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City of Argyle, Texas v. David
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This is the case of "Where's the sign?" In four issues, Appellant City of Argyle ("the City") appeals the denial of its plea to the jurisdiction and asserts that (1) David Pierce (APierce@) and Clear Channel Outdoor, Inc. ("Clear Channel") (collectively, "the Signers") have no standing to bring constitutional property claims because they have no v... More... $0 (5/17/2008 - TX )
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Liutauras Dargis v. Michael F.
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Beginning in 1982, Liutauras
Dargis was employed as a correctional officer with the
Cook County Sheriff’s Office. In February 2000, Dargis
suffered a stroke while on duty. When Dargis attempted
to return to work in July 2001, the Sheriff’s Office declined
to reinstate him due to physical restrictions imposed
by Dargis’s physician, placing him... More... $0 (5/17/2008 - IL )
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Jeannine M. Cruz v. State of L
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Jeannine Cruz filed a sex discrimination complaint with state and federal
claims against Defendants in federal district court in Louisiana. She failed to
serve defendants timely, and the court dismissed the case under Rule 4(m).1
Before the court dismissed her first case, she filed a second, identical complaint
in state court in April 2006. On ... More... $0 (5/16/2008 - LA )
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In re Marriage Cases
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In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055
(Lockyer), this court concluded that public officials of the City and County of San
Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the
absence of a judicial determination that the California statutes limiting marriage to
a union between a man a... More... $0 (5/16/2008 - CA )
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Acumed, LLC v. Stryker Corpora
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The issue in this case is whether a claim for patent infringement should have been brought in a prior case between the parties and is now precluded by the prior judgment. Plaintiff-Appellant Acumed LLC (“Acumed”) appeals a decision of the United States District Court for the District of Oregon dismissing its action against Defendants-Appellants Str... More... $0 (5/14/2008 - OR )
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PBS Enterprises, Inc. v. CW Ca
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[¶3] PBS owned and operated two hotels, one in Cody, Wyoming, and another in
Norfolk, Nebraska. The financial arrangements between PBS and CWC were
complicated, and for our purposes, it is sufficient to summarize them briefly. CWC held
PBS’s promissory note secured by the “Norfolk mortgage” on the Norfolk property.
CWC also held promissory note... More... $0 (5/12/2008 - WY )
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Pacific Coast Recovery Service
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Plaintiff, a licensed collection agency, appeals from a judgment of dismissal, assigning error to the trial court's determination that plaintiff lacked standing to maintain this action for breach of contract. Specifically, the trial court determined that, because plaintiff's assignor had not properly registered its assumed business name under ORS 6... More... $0 (5/11/2008 - OR )
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Bob Allyn Masonry and S&C Clai
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On his day off, respondent David Murphy, at his employer’s request, delivered equipment from his employer’s construction yard to his employer’s job site. After departing from the job site, he was injured in an automobile accident. In this opinion, we consider whether the injuries of an employee who, like Murphy, is involved in a vehic... More... $0 (5/11/2008 - NV )
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Williston Basin Interstate Pip
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Williston Basin Interstate Pipeline Company (Williston)
claims that it has lost and is continuing to lose natural gas
stored in its Elk Basin Storage Reservoir due to the operation
of gas production wells owned by Howell Petroleum Corporation
and Anadarko Petroleum Corporation (Howell/
Anadarko). Two of those wells are located within the later... More... $0 (5/10/2008 - MT )
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Porfirio Serrano, et al. v. St
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Porfirio Serrano and Lourdes Serrano appeal orders requiring them to pay the
fees charged by Coast Court Reporters (Coast) for copies of deposition transcripts in a
pending action and denying their request to relieve them of fees charged for expedited
service. Coast had agreed to provide the copies to the Serranos on the condition that the
Serr... More... $0 (5/10/2008 - CA )
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Buffalo Equities, Ltd. v. The<
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Buffalo Equities, Ltd. ("BEL") wanted to develop its property for residential and commercial purposes and applied to have its property appropriately re-zoned. Part of the proposed development consisted of improvements to an easement BEL owns that runs across its neighbor's property. The City of Austin agreed to re-zone BEL's property. However, a Ci... More... $0 (5/9/2008 - TX )
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Texas Logos, L.P. v. Gregory R
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Since the Texas Department of Transportation awarded its "logo sign contract" (1) to a rival vendor, the vendor that had previously held the contract, Texas Logos, L.P., has filed two separate lawsuits alleging that a TxDOT engineer involved in the procurement, in combination with the winning vendor and others, had unlawfully skewed the procurement... More... $0 (5/7/2008 - TX )
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Chermane Smith, et al. v. City
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The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/6/2008 - IL )
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Chermane Smith, et al. v. City
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The Chicago Police Department,
acting under the Illinois Drug Asset Forfeiture Procedure
Act (DAFPA), 725 ILCS 150/1 et seq. (2004), seized property
belonging to the plaintiffs. In response, the plaintiffs filed
this case, under 42 U.S.C. § 1983, claiming that when
property is seized under the Act, due process requires that
they be given a pr... More... $0 (5/5/2008 - IL )
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Elsie Marie Allen v. Choice Mo
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This case arises out of a fire at a Comfort Inn and Suites
(the “Comfort Inn”) which killed six hotel guests and injured
twelve others. Appellants, guests who were injured in the fire and
personal representatives of those who perished, brought wrongful
death and personal injury claims against Ron Gedda (“Gedda”) and
his company, R.G. Hospitali... More... $0 (5/3/2008 - SC )
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Blickman Turkus, LP v. MF Down
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The primary question in this case is whether a realtor who represented the lessee in
a complex commercial lease transaction had a duty to inform the lessor, after the lease
was signed but before the lessee took possession, that the lessee’s ability to perform the
conditions of the lease was jeopardized by its deteriorating financial condition. T... More... $0 (5/2/2008 - CA )
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Sonya Capri Bangerter v. Ralph
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¶1 Defendants Ralph Petty, Jarmaccc Properties, LLC, and
Jarmaccc, Inc. (collectively Jarmaccc) appeal the trial court's
grant of summary judgment in favor of Plaintiff Sonya Capri
Bangerter. Specifically, Jarmaccc argues that the trial court
erred in determining that a sheriff's sale of Ms. Bangerter's
house (the Property) is void because the... More... $0 (5/1/2008 - UT )
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Father & Sons & A Daughter Too
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NRS Chapter 706 defines fully regulated common motor carriers as including persons who hold themselves out to the public as willing to be employed to transport household goods by vehicle within Nevada. Nevada law further defines the “transportation of household goods” as including the movement of such household goods by use of a rented vehicle tha... More... $0 (5/1/2008 - NV )
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Scott J. O'Connor v. City of W
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The plaintiff, Scott J. O’Connor, a former
police officer for the defendant city of Waterbury
(city), appeals1 from the judgment of the trial court
dismissing his appeal from the decision of the defendant
retirement board of the city (board) awarding him a
disability pension in the amount of 57.5 percent of his
annual compensation. On appeal,... More... $0 (5/1/2008 - CT )
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Antelope Valley Press v. Steve
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This case poses the specific question whether, for purposes of worker’s
compensation insurance, persons who make deliveries of newspapers for the newspaper
publisher Antelope Valley Press (AVP) are independent contractors or employees. The
question arises not under a claim for worker’s compensation benefits by one of the
newspaper carriers (car... More... $0 (4/30/2008 - CA )
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Valerie Gregory, et al. v. Cou
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We must decide whether police officers used excessive
force in violation of the Fourth Amendment in attempting to
restrain an individual.
I
A
On December 2, 2002, Richard Gregory and a friend were
guests in a music studio operated by Vincent Finazzo and
Jason Fuqua in Lahaina, Maui, Hawaii. Finazzo and Fuqua
were playin... More... $0 (4/30/2008 - HI )
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Nationwide Transport Finance v
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Plaintiff-appellant Nationwide Transport Finance (Nationwide)
appeals the district court’s judgment following a jury
verdict in favor of defendant-appellee Cass Information Systems,
Inc. (Cass) on Nationwide’s claims for intentional interference
with contractual relationship, intentional interference
with prospective economic advantage, breach... More... $0 (4/30/2008 - NV )
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Forest Grove School District v
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Defendant T.A., a former student of Plaintiff Forest Grove
School District, appeals the district court’s denial of reimbursement
under the Individuals with Disabilities Education
Act (“IDEA”), 20 U.S.C. §§ 1400-1482, for his expenses in
attending a private school. We must decide whether a student
who never received special education and relate... More... $0 (4/30/2008 - OR )
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Oleg Rivkin v. Century 21 Tera
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The United States Court of Appeals for the Second
Circuit has certified a question that calls upon us to explore
the scope of the fiduciary duty owed by buyer's agents affiliated
with a real estate brokerage firm when their principals bid on
the same property. We begin with the facts, which are
substantially undisputed.
I.
On M... More... $0 (4/26/2008 - NY )
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Solow Management Corp. v. Stev
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We are asked to decide in this appeal whether the
posting of an appeal bond by a judgment debtor after a marshal
has executed a levy on the judgment debtor's assets constitutes
affirmative interference with a marshal's collection process,
entitling the marshal to poundage fees. We conclude that the
posting of an appeal bond by a judgment debto... More... $0 (4/26/2008 - NY )
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Norman Pelletier, et al. v. So
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This appeal arises out of the remand
order in Pelletier v. Sordoni/Skanska Construction Co.,
264 Conn. 509, 527, 825 A.2d 72 (2003), in which we
held that an injured employee of an independent subcontractor
may bring an action in negligence against
the general contractor if the employee can establish
a legal and factual basis for the general ... More... $0 (4/26/2008 - CT )
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John P. Curry v. Allan S. Good
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The plaintiff, John P. Curry, appeals from
the trial court’s summary judgment rendered in favor of
his former employer, the defendant, Allan S. Goodman,
Inc., on the plaintiff’s claims that the defendant discriminated
against him because of his disability in violation
of General Statutes § 46a-60 (a) (1)1 of the Connecticut
Fair Employment Pr... More... $0 (4/26/2008 - CT )
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National Wildlife Federation,<
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These consolidated appeals bring us once more to the
Pacific Northwest, for another round in the complex and longrunning
battle over salmon and steelhead listed under the
Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-1544.
In this ESA action brought by the National Wildlife Federation
and other plaintiffs (collectively “NWF”), we consider ... More... $0 (4/25/2008 - OR )
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Seven Up Pete Venture, et al.<
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The primary question before us is whether the Eleventh
Amendment precludes federal jurisdiction over an action
seeking compensation under the Fifth and Fourteenth Amendments
for a taking of property by a State.
The factual setting of this case is simple enough; the procedural
context is more complicated. Seven Up Pete Venture
(“the Ven... More... $0 (4/25/2008 - CA )
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Truth v. Kent School District<
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Appellants Truth, Sarice Undis, and Julianne Stewart (collectively,
Truth) appeal from a summary judgment in favor of
the Kent School District and other appellees (collectively,
District). Truth alleges violations of the Equal Access Act (the
Act), the First Amendment rights of free speech and expressive
association, the Free Exercise Clause, ... More... $0 (4/25/2008 - WA )
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The Piney Run Preservation Ass
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Piney Run is a small stream with its headwaters near the border of
Carroll and Baltimore counties in Maryland. For the second time, the
Piney Run Preservation Association ("the Association") has filed a
citizen suit under the Clean Water Act ("CWA" or "the Act") alleging
that the County Commissioners of Carroll County ("the County") are
violat... More... $0 (4/24/2008 - MD )
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Gina Zanone v. City of Whittie
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The City of Whittier appeals from the judgment entered in favor of Gina Zanone, a
former Whittier police officer, after a jury awarded her $1.25 million in her action for sex
discrimination, harassment and retaliation. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND1
1. Zanone Joins the Whittier Police Department
Zanone joined ... More... $1,249,165 (4/24/2008 - CA )
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Rosia L. Scott v. Eastman Chem
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Judge: Plaintiff-Appellant Rosia L. Scott (“Scott” or “Plaintiff”)
appeals the order of the district court granting Defendant-Appellee Eastman Chemical Company’s
(“Eastman” or “Defendant”) Motion for Summary Judgment on her employment discrimination
claims. Scott alleges: (1) that she was denied promotions based on sex and in retaliation for
en... More... $0 (4/22/2008 - TN )
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Douglas B. Stalley v. Orlando<
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In this appeal, we consider whether a plaintiff who alleges no injury to
himself has standing to bring a qui tam action for damages under the Medicare
Secondary Payer Act, 42 U.S.C. § 1395y(b)(3)(A) (“MSP”). Plaintiff-appellant
Douglas B. Stalley appeals the district court’s order dismissing with prejudice his
purported qui tam action against O... More... $0 (4/21/2008 - FL )
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Buzz Stew, LLC v. City of Nort
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In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays instituting an eminent domain action.[1] We conclude that a municipality’s announcement of intent to condemn a parcel of land may give r... More... $0 (4/18/2008 - NV )
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Far Away Farm, LLC v. Jefferso
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This case is before this Court upon appeal of a final order of the Circuit Court of Jefferson County entered on September 18, 2006. In that order, the circuit court affirmed a decision of the appellee and respondent below, the Jefferson County Board of Zoning Appeals (hereinafter “BZA”), (See footnote 1) which denied the request of the appellant an... More... $0 (4/17/2008 - WV )
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Thomas Murray v. New Cingular<
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We have grouped for decision
three appeals under the Fair Credit Reporting Act
presenting issues that have arisen in numerous suits
throughout the circuit. Each of the appeals presents at
least two issues, several of which recur in multiple appeals.
We therefore organize the opinion around these issues
rather than the facts of the cases, whic... More... $0 (4/17/2008 - IL )
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Kathy Conner v. State Farm Mut
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Plaintiff Kathy Conner appeals the district
court’s grant of summary judgment in favor of Defendant State Farm Mutual Automobile Insurance
Company (“State Farm”) and the denial of her Rule 59(e) Motion to Alter or Amend the Judgment.
Conner brought suit against State Farm, alleging that State Farm violated Kentucky’s Civil Rights
Act, KY. ... More... $0 (4/16/2008 - KY )
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Shelly Frank v. Liberty Insura
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Shelly Frank appeals from the district court's judgment dismissing her suit for lack of subject-matter jurisdiction. Frank had obtained an adverse decision of a Texas Workers' Compensation Commission hearing examiner and then requested review by the Commission's appeals panel. The appeals panel concluded that Frank had failed to timely file her req... More... $0 (4/15/2008 - TX )
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Great-West Life & Annuity Insu
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This appeal presents yet another set of facts upon which we must
determine whether the Employee Retirement Income Security Act of
1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq.,
preempts certain state law claims. More specifically, the sole issue we
decide in this appeal is whether ERISA preempts a state law breach
of contrac... More... $0 (4/14/2008 - MD )
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