Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC (“MBF”) is a biodiesel refining company... More...   $0 (11-06-2009 - )

This case is before the Court upon the appeal of an Order denying the Appellant's, Charles Crihfield's, Renewed Motion for Summary Judgment entered by the Circuit Court of Kanawha County, West Virginia, on April 15, 2008. In the Order, the circuit court directed that the parties “within thirty (30) days of entry of this Order, mutually agree on an arbitrator to hear the dispute in question[,]”... More...   $0 (11-04-2009 - WV)

Christopher Spielvogel and his wife, Diana Spielvogel, were riding a motorcycle on Highway 169 at the Broadway Bridge Complex in Kansas City on July 22, 2001, when their motorcycle collided with the center median. Both of them were ejected from the motorcycle.

Diana Spielvogel died from her injuries, and Christopher Spielvogel was seriously injured. Christopher Spielvogel and his children, ... More...   $0 (10-28-2009 - MO)

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 - )

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

This is one of two separate appeals1 arising out of a real estate transaction involving the plaintiff, Coldwell Banker Manning Realty, Inc. (Coldwell Banker), the named defendant, Cushman and Wakefield of Connecticut, Inc. (Cushman), and Computer Sciences Corporation (CSC).2 In the present appeal, Coldwell Banker claims that the trial court improperly concluded that the decision of the Greater Har... More...   $0 (10-13-2009 - CT)

The plaintiff, American Family Mutual Insurance Company (American Family), filed in the circuit court of St. Clair County a complaint to enforce an arbitration award. The circuit court granted a motion to dismiss filed by the defendant, Diane Stagg, and American Family appeals. We affirm.

FACTS

Stagg entered into a contract for automobile insurance with American Family. The policy Am... More...   $0 (10-12-2009 - IL)

Hurricane Katrina reduced Plaintiff-Appellant Christopher M. Wiley’s home to a slab. Although he carried a homeowner’s insurance policy from Defendant-Appellee State Farm Fire and Casualty Company (“State Farm”), State Farm rejected his claims thereunder because his policy contained a water damage exclusion and an anti-concurrent cause provision. Wiley subsequently entered the Mississippi ... More...   $0 (10-10-2009 - ms)

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P... More...   $0 (10-08-2009 - NV)

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

Giant of Maryland, LLC (“Giant”) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor ... More...   $0 (10-05-2009 - )

This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured d... More...   $0 (10-02-2009 - CA)

This suit was brought by former clients, Bob Chambers and 182 others (“appellants”), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appellees”), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More...   $0 (10-02-2009 - TX)

Romeo Balen, individually and on behalf of those similarly situated, appeals the district court’s order granting Holland America Line Inc.’s (“HAL”) motion to compel arbitration. Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamen’s Wage Act, 46 U.S.C. § 10313 (“Wage Act... More...   $0 (10-02-2009 - WA)

¶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)

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...   $0 (09-30-2009 - ID)

Designation of prevailing party revised to designate respondents Paul and Renee Haynes as prevailing party on appeal; appellant's petition for attorney fees denied; respondents' petition for attorney fees allowed in the amount of $64,015.43.

LANDAU, J.

Defendant appealed a supplemental judgment that awarded plaintiffs attorney fees, arguing that (1) the court should not have awarded... More...   $0 (09-30-2009 - OR)

Daniel Guggenheim and others bring a facial challenge to the City of Goleta’s mobile home rent control ordinance.

Guggenheim argues that the ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). We have f... More...   $0 (09-29-2009 - CA)

The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.

Background. Plaintiff Wendy Dixon, a... More...   $0 (09-28-2009 - MA)

The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.

Background. Plaintiff Wendy Dixon, a... More...   $0 (09-28-2009 - MA)

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe... More...   $0 (09-23-2009 - PA)

This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T),1 based upon AT&T‟s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the Unfair Com... More...   $0 (09-23-2009 - CA)

The trial court dismissed appellant’s complaint for an injunction to prevent the levy of a condominium special assessment, without prejudice to refile a complaint which met the “jurisdictional limits” of the court. Because the complaint sought an injunction for which the circuit court has subject matter jurisdiction, we reverse the order of dismissal as well as the order granting prevailing ... More...   $0 (09-23-2009 - FL)

This appeal1 arises out of three separate actions2 initiated by the plaintiff, Barry Saunders,3 against the defendants, Burton Firtel, Adco Medical Supplies, Inc. (Adco), and Barbur Associates, LLC (Barbur),4 in which the plaintiff, a former employee of Adco and a member and 50 percent interest holder in Barbur, sought to recover unpaid wages and double damages from Adco under General Statutes §Â... More...   $0 (09-22-2009 - CT)

In 2006, a dispute arose between plaintiff Delois, then a tenant of defendants in a “live/work” space on Harrison Street in San Francisco, and defendants. The dispute, described in more detail below, was purportedly resolved by a written agreement between the parties. But various and sundry factors led to alleged breaches of that agreement; in any event, plaintiff did not vacate the premises o... More...   $0 (09-18-2009 - CA)