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 applying for certain tribal permits. Concerning f... More...   $0 (06-27-2008 - ID)

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 processing of some of his claims under Title VII. More...   $0 (06-25-2008 - TX)

This is a contract dispute where the buyer of some computer hardware and software sued the seller for damages for failing to timely perform. When the buyer sued, the seller denied any breach and counterclaimed that the buyer never gave it notice of any breach nor an opportunity to cure any breach. Because we agree with the district court that the Uniform Commercial Code (UCC) applies, we affirm it... More...   $0 (06-16-2008 - KS)

[1] Appellants, Michael Hannifan (Hannifan) and Kevin Hampleman (Hampleman) (collectively Appellants) contend that they are entitled to judgment as a matter of law1 because there is insufficient evidence that either of them acted "intentionally" to harm the Appellees, Leslie Roy "Les" Butts (Butts), or Davis Butts and Dawson Butts, the minor children of Butts (hereafter "Children" or "Butts‟... More...   $0 (06-11-2008 - WY)

The plaintiff, Ricky Compton, filed an action against the defendant, Country Mutual Insurance Company (Country Mutual), for declaratory judgment, breach of contract and consumer fraud on behalf of himself and similarly situated individuals. In his complaint, the plaintiff maintained that Country Mutual's practice of placing liens on insurance proceeds due insureds breached its contract of in... More...   $0 (05-08-2008 - IL)

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 Practices Act (act). The plaintiff contends, inter ... More...   $0 (04-26-2008 - CT)

Plaintiff appeals the district court's grant of summary judgment in this 42 U.S.C. § 1983 action. Plaintiff was dismissed from the nursing program at Walters State Community College after receiving a failing grade in a clinical nursing course. Plaintiff appealed her grade and dismissal to the administration in accordance with the procedures set forth in a student handbook. After the administra... More...   $0 (04-09-2008 - TN)

Appellant Comp & Soft, Inc. (CSI) appeals the trial court's summary judgment in favor of Respondent AT&T Corporation (AT&T) on CSI's petition alleging breach of contract and related claims arising from an arrangement for the provision of information technology consultants. CSI asserts that the trial court erred in granting summary judgment because there were genuine issues of material facts in dis... More...   $0 (03-25-2008 - MO)

This case concerns the national expansion of Japonais, a popular Chicago restaurant located in the River North restaurant district. Japonais founder, Jonathan Segal, appeals from an order dismissing his complaint against Geisha NYC LLC ("Geisha NYC"), and others. Segal's sole federal claim - a derivative claim he asserts on behalf of Geisha LLC ("Geisha Chicago") and OSSS Hospitality LLC ("... More...   $0 (02-27-2008 - IL)

The following... More...   $0 (02-05-2008 - CT)

Statewide Remodeling, Inc. appeals from the trial court's judgment confirming an arbitration award and awarding damages to the Williamses. In two issues, Statewide asserts that the trial court erred when it: (1) required a transcript of the underlying arbitration proceeding and (2) concluded the arbitrator had not committed a gross mistake in making the final arbitration award. The William... More...   $0 (01-05-2008 - TX)

In this appeal we must decide whether the district court erred when it sustained a motion to dismiss. Our court of appeals reversed the district court's ruling, and on further review we agree the district court improperly sustained the motion to dismiss. Accordingly, we affirm the decision of the court of appeals, reverse the judgment of the district court, and remand the case for furthe... More...   $0 (12-18-2007 - IA)

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES... More...   $0 (12-17-2007 - IL)

This is a suit for attorney fees and punitive damages incurred in seeking legal enforcement of a contractual covenant not to compete. In a prior action filed in Missouri in 2001, plaintiffappellant, Cambridge Engineering, Inc. (Cambridge), prevailed in a suit to enjoin former employee Gregory Deger from engaging in certain sales-related activities for his new employer, Mercury Partners 90... More...   $0 (12-07-2007 - IL)

1 DYKMAN, J. Capwin 19, LLC, appeals from an order granting summary judgment to Michael Zingg and Parsons Investments, LLC in Capwin's action against Zingg and Parsons for breach of contract. Capwin contends that the trial court erroneously granted summary judgment to Zingg and Parsons based on their affirmative defense that Capwin anticipatorily breached the contract for the sale of ... More...   $0 (12-17-2007 - WI)

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), ... More...   $0 (12-03-2007 - MA)

For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach its cable to Carteret-Craven Electric's utility poles. The initial fee in the 1997 renewal of the agreement provided that Time Warner p... More...   $0 (11-15-2007 - NC)

This is a liability insurance dispute concerning coverage under a homeowner=s policy for bodily injury arising from the use of a Afour-wheeler@ all-terrain vehicle. Appellants Linda and Christopher Gomez appeal from the trial court=s grant of summary judgment in favor of Appellee Allstate Texas Lloyds Insurance Company. The Gomezes raise three issues. First, the Gomezes argue the trial court... More...   $0 (11-05-2007 - TX)

Appellant, Orion Refining Corporation, challenges the summary judgment rendered in favor of appellees, UOP, a General Partnership; UOP, LLC; and Catalysts, Adsorbents and Process Systems, Inc. (collectively, UOP) on Orion's breach-of-contract and extra-contractual claims. (1) Orion's first issue presents a broad challenge to the summary judgment that dismissed all of Orion's claims; Orion's f... More...   $0 (10-05-2007 - TX)

Miller filed a complaint and two amended complaints, all asserting that the Nelmses owed him money for work he performed converting a bus into a mobile video entertainment vehicle. The Nelmses responded to his original complai... More...   $0 (09-21-2007 - FL)

Rambo Associates, Inc., brought an action for breach of contract and unjust enrichment against the South Tama County Community School District. Following a bench trial, the district court entered a $2,500 judgment in favor of Rambo on the breach of contract action and entered judgment for South Tama on the unjust enrichment claim. Rambo Assocs., Inc. v. South Tama County Cmty. Sch. Dist., 4... More...   $0 (06-01-2007 - IA)

I. ... More...   $0 (08-29-2006 - ME)

Hatfield appeals a non-final order granting AutoNation, Inc.'s motion for temporary injunction, enjoining Hatfield to do four things: (1) return all materials he misappropriated from AutoNation; (2) refrain from disclosing any information about AutoNation to any person or entity; (3) refrain from engaging in selling, leasing, or servicing any new or used vehicles or parts, either wholesale or r... More...   $0 (10-04-2006 - FL)

Plaintiff Cascade Corporation (Cascade) appeals from the judgment that the trial court entered on its claims against defendant Employers Reinsurance Corp. (ERC) for coverage under a commercial liability insurance policy that ERC issued to Cascade. Cascade sought coverage both for its expenses in defending administrative and judicial actions seeking to hold it liable for contamination to groundw... More...   $3796682 (05-18-2006 - OR)

Plaintiff-intervenor Bill Johnson appeals from an order denying his request for a mandatory injunction under the Telecommunications Act of 1996 (TCA), 47 U.S.C. § 332(c)(7)(B).(1) Specifically, Mr. Johnson claims the Board of Adjustment of the City of Seminole, Oklahoma (the Board) violated the TCA when it denied a request for a zoning variance to construct and locate a cellular transmission to... More...   $0 (05-16-2006 - OK)