After the trial court rendered a take-nothing judgment in favor of appellees, Radioshack Corporation and Danica Reyes, appellant, Arva Thomas, filed this appeal contending that the trial court erred in denying her (1) request for a jury trial and (2) motion for continuance. We affirm.

BACKGROUND

Thomas’s case was called for trial on July 5, 2007. It is undisputed th... More...   $0 (03-04-2010 - TX)

Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City�) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs... More...   $0 (03-04-2010 - NY)

Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on informed consent claim. The medical malpractice claim proceeded to a jury tria... More...   $0 (03-03-2010 - WY)

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty, ... More...   $0 (03-03-2010 - CA)

Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation’s court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety. The plaintiffs, four minor children (“the Doe childrenâ€�), seek to proceed anonymously in their suit against Kamehameha S... More...   $0 (03-03-2010 - HI)

The defendant, Scott Pemberton, appeals pro se from the Providence County Superior Court’s grant of summary judgment in favor of the plaintiff, Classic Entertainment & Sports, Inc. (Classic Entertainment). This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After consider... More...   $0 (03-03-2010 - RI)

Defendant Pfizer, Inc. (Pfizer), the manufacturer of Listerine mouthwash, seeks a writ of mandate to overturn respondent superior court’s November 22, 2005 order certifying a class action filed by plaintiff and real party in interest Steve Galfano (Galfano). The complaint, brought pursuant to the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.)1 and the False Advertising Law (F... More...   $0 (03-02-2010 - CA)

This appeal, arising from a judgment of the United States District Court for the Southern District of New York (Cote, J.), requires us to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars Plaintiffs-Appellants’ common law claims, which have longer limitations periods. The D... More...   $0 (03-02-2010 - NY)

Two corporations, one based in Massachusetts, and the other in Michigan, entered into a business arrangement (the Agreement). After a falling-out, one of the contracting parties, PowerShare, Inc., commenced a civil action in the district court to enforce the Agreement. The defendant, Syntel, Inc., countered by instituting a parallel arbitration proceeding and moving to stay litigation pending arbi... More...   $0 (03-01-2010 - MA)

“Close enough for government workâ€� is an insulting and often unfounded stereotype which we decline to perpetuate in this case. A statute may impose on a government agency what first appears to be a technical formality, but such a requirement may serve to check delegations of power both to and by the agency, as it does here. Ignoring a statutory mandate nullifies the Legislature‟s valid purpo... More...   $0 (03-01-2010 - CA)

John Zuccarini is a judgment debtor who owns the rights to many Internet domain names. DS Holdings (“DSHâ€�) is the assignee of the judgment against Zuccarini. DSH attempted to levy upon Zuccarini’s domain name holdings in the Northern District of California where VeriSign, the official registry for all “.comâ€� and “.netâ€� domain names, has its headquarters. The district court appointed ... More...   $0 (03-01-2010 - CA)

This case presents two issues concerning damages under the Family Medical Leave Act of 1993 (“FMLAâ€�). 29 U.S.C. §§ 2601-2654 (2006). In an issue of first impression, we consider whether the court, rather than the jury, determines the amount of the front pay award1 and whether the district court’s calculation of that award was clearly erroneous. Second, we address whether the district court... More...   $0 (02-26-2010 - OR)

Royce Roberts hired Walker & Associates Surveying, Inc. (WAS) and Dennis Walker (Walker) d/b/a Walker and Associates Construction (WAC) (collectively the Walker Group) to extend a horse training racetrack on his property. A dispute arose as to how to build the racetrack, workers were instructed to leave the job, and WAS filed a mechanic’s lien affidavit on Roberts’ property. WAS filed suit o... More...   $0 (02-26-2010 - TX)

Appellant Garry Wilhite appeals from the trial court's order granting summary judgment in favor of appellee Glazer's Wholesale Drug Company, Inc./Glazer Family of Companies (“Glazer�) and dismissing Wilhite's claims against Glazer. We affirm the trial court's judgment. Background

Wilhite was employed by Freixenet, U.S.A., Inc., a company that supplies certain alcohol products to... More...   $0 (02-26-2010 - TX)

Appellant Louise Shih sued appellees David A. Tamisiea and Sheef & Stone, L.L.P., asserting claims for professional negligence, violation of the Texas Deceptive Trade Practices Act (DTPA), and breach of fiduciary duty. In three issues, Shih appeals the trial court's summary judgment orders dismissing her claims against appellees. We affirm the trial court's summary judgment in favor of appellees ... More...   $0 (02-26-2010 - )

Defendants and appellants Alex Gorabi and Angelino Men‘s Wear, Inc. (defendants)1 appeal from a monetary judgment entered against them and in favor of plaintiff Sam Ghadrdan (plaintiff) after a jury trial. In the published portion of this opinion, we hold that the trial court did not abuse its discretion when it excluded evidence of a plea agreement and conviction of a corporation, of which plai... More...   $0 (02-26-2010 - CA)

I. Background In March 2006, Tara Carlson struck a trailer being towed by a vehicle in which Bhavanidas Kode was a passenger. In June 2007, Kode brought a diversity action against Carlson claiming economic and non-economic damages totaling $1,000,000. Although Carlson admitted she was negligent and that her negligence caused Kode to suffer some injury, the nature and extent of the injury remained ... More...   $0 (02-25-2010 - OR)

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Ship... More...   $0 (02-25-2010 - OH)

[¶1.] In this decision we affirm the circuit court and hold that a compulsory counterclaim seeking affirmative relief in a personal injury action cannot be served after the expiration of the statute of limitations. Christopher John Murray and Gary Travis Mansheim were involved in a two-car accident. Immediately prior to the expiration of the statute of limitations, Murray commenced an action agai... More...   $0 (02-24-2010 - SD)

This is an appeal of an order dismissing Walter Wiesenberg’s complaint for personal injuries he sustained as a passenger on a cruise ship. We affirm the dismissal order on the theory that the forum selection clause in the cruise ticket is enforceable. The lawsuit of plaintiff Wiesenberg had to be filed in federal court.

I.

The trial court dismissed the case now before us on the... More...   $0 (02-24-2010 - FL)

James Lee Sweed, pro se, appeals a dismissal order declaring him a vexatious litigant and requiring that he post security as a precondition to any further litigation. Sweed brings four issues for review. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Construing his pleadings broadly, Sweed filed suit for conversion on May 14, 2007, naming attorney Jay L. Nye and... More...   $0 (02-24-2010 - TX)

This appeal involves certification of a class action under the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.)1 and the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.). The action is based on defendant‟s alleged failure to disclose that the color composition of its roof tiles would erode away, leaving bare concrete, well before the end of the tiles‟ represen... More...   $0 (02-24-2010 - CA)

This case is yet another in a series of cases that
attempt to chart the contours of liability of a potentially
responsible party (“PRP�) under §§ 107(a)(4)(B) and
113(f)(3)(B) for contribution towards, and payment of, costs
resulting from the identification and cleanup of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability ... More...   $0 (02-24-2010 - NY)

A fuel barge owned and operated by defendants discharged a substantial amount of oil into the waters of Buzzards Bay in southeastern Massachusetts. Plaintiffs are owners of residential waterfront property on the bay who brought suit as individuals and as members of a proposed class. The district court denied class certification, but because the court did not subject the parties’ contentions to t... More...   $0 (02-24-2010 - MA)

We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a “tip pool� that redistributes some of their tips to the kitchen staff.

I Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which is owned and operated by Woody Woo, Inc., Woody W... More...   $0 (02-24-2010 - or)