GEICO General Insurance Company (GEICO) petitions for a writ of certiorari from a trial court order that denied its motion to dismiss defendant’s post-verdict crossclaim against it. GEICO argues that the trial court departed from the essential requirements of law by denying its motion to dismiss the defendant’s third party insurance bad faith action.

We conclude that an insurance bad fa... More...   $0 (01-23-2013 - FL)

¶1 In this negligence action, we review whether the court of appeals erred when it held that the trial court correctly instructed the jury on the sudden emergency doctrine after the Respondent, Michael E. Johnson, lost control of his vehicle in winter driving conditions and collided with Petitioner, Richard Bedor. We hold that the trial court abused its discretion when it tendered the sudden... More...   $0 (01-22-2013 - CO)

The Rules of Construction Act defines a “vessel� as in- cluding “every description of watercraft or other artificialcontrivance used, or capable of being used, as a means of transportation on water.� 1 U. S. C. §3. The question beforeus is whether petitioner’s floating home (which is not selfpropelled) falls within the terms of that definition.
In answering that question we focus pr... More...   $0 (01-15-2013 - GA)

¶1 South Jordan City dismissed Brett Perez from his position as a city police officer. He appealed to the South Jordan City Ap-peal Board, which affirmed his dismissal. Perez then appealed the Board‘s decision to the Utah Court of Appeals. That court dis-missed for lack of jurisdiction, concluding that Perez‘s petition for review was untimely under Utah Code section 10-3-1106(6).

¶2 W... More...   $0 (01-15-2013 - UT)

The Plaintiff-Appellant JSLG, Inc. (“JSLGâ€�) brought suit against the Defendants-Appellees, the City of Waco (“the Cityâ€�) and Randy Childers,1 Building Official for the City, raising constitutional challenges to an ordinance governing sexually oriented businesses. The district court granted summary judgment for the City and denied JSLG’s request for a preliminary injunction. Finding no re... More...   $0 (01-11-2013 - TX)

This case does not come to us as a stranger. At the turn of the century, the Massachusetts legislature passed a law that created fixed and floating buffer zones around abortion clinics. We rejected serial challenges to the constitutionality of that law. See McGuire v. Reilly (McGuire I), 260 F.3d 36 (1st Cir. 2001) (rejecting facial challenge); McGuire v. Reilly (McGuire II), 386 F.3d 45 (1st Cir... More...   $0 (01-09-2013 - MA)

1 Charles Prince (Claimant) filed a claim in the Workers' Compensation Court on January 13, 2009, alleging a cumulative trauma employment-related injury to his right foot, with date of last exposure on November 24, 2008. On April 28, 2009, the trial court found Claimant sustained a cumulative trauma injury to his right foot and ordered Employer, Brake Rebuilders & Friction Products, Inc., to selec... More...   $0 (01-09-2013 - OK)

¶1 This case requires us to consider whether a party who has stipulated to the resolution of its claims may subsequently challenge that resolution on appeal. In this case, after the district court denied all but one of Prinsburg State Bank’s (Prinsburg’s) claims on summary judgment, the parties stipulated to the resolution of each of the issues they had presented to the court. Specifically, t... More...   $0 (12-28-2012 - UT)

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle ... More...   $1000000000 (12-27-2012 - CA)

This appeal presents the primary question whether two leases of land by the City of San Diego to the Desert Pacific Council, a nonprofit corporation chartered by the Boy Scouts of America, violate provisions of the California or federal Constitutions relating to the Establishment of Religion or the denial of Equal Protection of the Laws. Additional issues concern claims that the Council’s action... More...   $0 (12-22-2012 - CA)

Christopher N. Kirrie, individually and as trustee of the Christopher N. Kirrie Trust u/t/d June 20, 1995, and Ishiko Kirrie (collectively, the Kirries) filed a petition for writ of certiorari in this court. They challenge a n order of the Indian River County circuit court, in its appellate capacity, affirming per curiam, without opinion, a n administrative determination of the Indian River County... More...   $0 (12-10-2012 - FL)

In this case, we consider whether an employee who claims the benefit of sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes (2005), which entitles that employee not to be held “personally liable in tort or named as a party defendantâ€� for acts within the scope of her or his employment, may obtain interlocutory review of an adverse trial court ruling where the question turns on... More...   $0 (12-09-2012 - FL)

Appellant City of Houston appeals from the district court‟s denial of the City‟s motion for judgment and the entry of judgment reversing the City‟s order requiring appellees to vacate their property. In three issues, the City argues the district court erred in reversing the City‟s order to vacate and entering final judgment in favor of appellees because (1) the district court did not have ... More...   $0 (12-07-2012 - TX)

¶1 The issues presented on certiorari review are: 1) What is the correct standard for review of this workers' compensation case? 2) Did the employee sufficiently demonstrate that his injury is compensable under the Workers' Compensation Code? This Court holds that pursuant to this Court's recent decision in Williams Companies, Inc. v. Dunkelgod, 2012 OK 96, __ P.3d __ (November 20, 2012), the any... More...   $0 (11-19-2012 - OK)

Tamara Swan is the niece and guardian of the ward, Erich Trost. She is also the trustee of the Erich Trost Trust. Ms. Swan seeks certiorari review of the trial court's nonfinal order compelling production of corporate, Trust, and financial documents to Matthias Trost, the ward's estranged son. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(A). We grant the petition for writ of certiorari an... More...   $0 (11-12-2012 - FL)

¶1 The dispositive issue presented is whether the good faith requirement of 12A O.S. 2011 §2-403 extends to third parties--in this case an unpaid seller of cattle--and requires that the third party be notified of a debtor's financial condition.1

We hold that it does not.

¶2 Bank alleges that on August 9, 2004, it perfected a security interest in all of Lucky Moon's livestock, incl... More...   $0 (11-07-2012 - OK)

1 On July 19, 2008, Timothy Slawson and George Wesley Kellogg were involved in a motor vehicle accident on a county road near the intersection of Bryant and Simmons in Guthrie, Oklahoma. This accident led to serious injury of Slawson and death of Kellogg. Slawson, and George Kellogg, the personal representative of the estate of George Wesley Kellogg, ("plaintiffs") assert that the Board of County ... More...   $0 (11-07-2012 - IJ)

suitalleging unconstitutional conduct by government officials. The United States Court of Appeals for the Fourth Circuitheld that a plaintiff who secured a permanent injunction but no monetary damages was not a “prevailing partyâ€� under 42 U. S. C. §1988, and so could not receive fees.That was error. Because the injunction ordered the defendant officials to change their behavior in a way that ... More...   $0 (11-05-2012 - SC)

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und... More...   $0 (11-02-2012 - VA)

This case is on remand from the Supreme Court for further consideration in light of Roberts v. Sea-Land Services, Inc., ___ U.S. ___, 132 S. Ct. 1350 (2012).

The Roberts decision conclusively answers one issue in this appeal, and the Roberts opinion offers some guidance to answer the other issue. Accordingl... More...   $0 (10-30-2012 - FL)

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Starâ€�), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)

GEICO Indemnity Company ("GEICO") petitions this court for a writ of certiorari to quash an order determining "contingent" attorneys' fees in favor of the plaintiff. Because the order does not result in irreparable harm, we dismiss the petition.

The trial court entered this order following a jury trial in a case in which Pollie DeGrandchamp sought uninsured motorist benefits. The jury's ver... More...   $0 (10-24-2012 - FL)

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 3771, the Crime Victims Rights Act (“CVRA�).1

This matter has previously been on appeal, see United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011) (“Kennedyâ€�), and a three-judge panel of this court affirmed defendant’s conviction and... More...   $0 (10-24-2012 - WA)

Plaintiff-Appellant Laurie Tsao is a so-called “advantageâ€� gambler—a professional gambler who uses legal techniques, such as card counting, to win at casino table games, especially blackjack.1 She was arrested at Caesars Palace (a casino owned by the Defendant-Appellee Desert Palace) for trespassing and obstructing the duties of a police officer, and now challenges that arrest as unconstitut... More...   $0 (10-24-2012 - CA)

In 2011 Indiana adopted a law prohibiting state agencies from providing state or federal funds to “any entity that performs abortions or maintains or operates a facility where abortions are performed.â€� IND. CODE § 5-22-17-5.5(b). The Hyde Amendment already forbids states from using federal funds to pay for most nontherapeutic abortions; Indiana has a similar ban on the use of state funds. The... More...   $0 (10-23-2012 - IN)