Bret “Doc” Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ... More...   $0 (11-05-2009 - TX)

Badwey Oil, Inc. (Badwey), appeals from the district court’s entry of summary judgment in favor of ConocoPhillips Petroleum Co. (Conoco) on the ground that Badwey’s breach of contract claims were barred by a statute of limitations. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

Since 1960, the parties have had a business relationship, initially through the... More...   $0 (11-04-2009 - KS)

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...   $0 (11-03-2009 - IA)

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More...   $0 (11-03-2009 - TX)

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublic” or “defendant”) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...   $0 (10-30-2009 - GA)

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.

The injured party, Northwest Airlines,... More...   $0 (10-30-2009 - NV)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his complaint, Mr. Holder alleged, in addition to other claims not relevant to this appeal, that the officer had lacked probable cause to effect the arrest and therefore had violated his rights under... More...   $0 (10-29-2009 - NH)

Plaintiffs Joseph P. Donahue (“Donahue”) and Sonoran Scanners, Inc. (“Sonoran”) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmer”) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More...   $0 (10-29-2009 - MA)

Three months after Derek Lewitton stopped working for ITA Software, Inc. he attempted to exercise options to purchase 138,900 shares of ITA stock. According to Lewitton, those shares vested pursuant to his employment contract during his 25- month tenure with ITA. When ITA refused to allow Lewitton to purchase more than 34,722 shares, Lewitton filed this suit in Illinois state court claiming that I... More...   $0 (10-28-2009 - )

Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.

Moore also alleges that the... More...   $0 (10-28-2009 - MO)

Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual

Background

Patrick and Lynn Kronin initially filed suit against Otwo... More...   $0 (10-28-2009 - MO)

Beta Upsilon Chi a/k/a Brothers Under Christ (“BYX”) is a Christian fraternity. In 2007, the University 1 of Florida (“UF” or “University”) denied BYX official recognition because of its refusal to adhere to UF’s nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with t... More...   $0 (10-27-2009 - FL)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

Julie Stephens Long’s employment with the Teachers’ Retirement System of the State of Illinois (“TRS”) came to an end on February 3, 2006.

While TRS maintains that it fired her for poor performance, Long believes that she was fired in retaliation for taking leave under the Family and Medical Leave Act (“FMLA”). The district court granted summary judgment in favor of TRS, which L... More...   $0 (10-23-2009 - IL)

Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nath”) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Prucka”) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More...   $0 (10-23-2009 - TX)

Louis and Brenda Marks appeal from the district court’s orders granting summary judgment to Defendants in the Marks’ suit alleging statutory and tort violations in connection with a foreclosure on their home. The Marks also challenge several preliminary orders by the district court. Finding no error, we affirm. I.

... More...   $0 (10-23-2009 - VA)

Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier r... More...   $0 (10-22-2009 - IN)

Felix Lara appeals the district court’s rulings in favor of his former employer, Unified School District #501 (“USD”). The district court dismissed his state workers’ compensation claim and one of his claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. It then granted summary judgment in favor of USD on Lara’s claims under the ADA, Family and Medical ... More...   $0 (10-22-2009 - KS)

In this tort action, Western Carolina Regional Sewer Authority (WCRSA) appeals (1) the trial court's denial of motions for directed verdict and judgment notwithstanding the verdict, based on an alleged lack of proximate cause; (2) the trial court's instruction to the jury; and (3) the trial court's denial of a motion to set-off the verdict by the amount the plaintiff received in settling with a n... More...   $0 (10-22-2009 - SC)

Plaintiff-appellant Sharice Green (“plaintiff” or “Green”) brought this action on behalf of
herself and her child claiming that defendants-appellees violated the United States Constitution and
New York law when they successfully petitioned the Family Court of the State of New York
(“Family Court”) for an order temporarily removing plaintiff’s child from her custody. The D... More...   $0 (10-22-2009 - )

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace--now on disability leave and rel... More...   $0 (10-22-2009 - MA)

This case arises from two transactions in which WahlcoMetroflex, Inc. ("WMI" or "the company") issued equity shares as compensation for agreements made by most of its shareholders to guaranty personally loans made to WMI. Alexander Baldwin, one of seven shareholders and founders of WMI, filed suit alleging that WMI's directors breached their fiduciary duties to him by issuing the two sets of shar... More...   $0 (10-22-2009 - ME)