Plaintiffs-Appellants National Viatical, Inc. and James Torchia (respectively, “NVI� and “Torchia�) challenge the district court’s

1

No. 12-2262 Nat’l Viatical Inc., et al. v. Universal Settlements Int’l, Inc.

Page 2

1Specifically, the amount was to be paid in four installments, including a balloon payment at the end of twelve months.

______________... More...   $0 (05-23-2013 - MI)

This software-licensing dispute became more intriguing after the parties settled it. On the eve of settlement, Infocon, a software distributor, fired its lawyer, J. Fox DeMoisey. Hoping to ensure that he got paid for his

1

No. 12-3538 Exact Software N. Am., Inc. v. Infocon Sys., Inc. Page 2

work, DeMoisey placed a charging lien on the settlement proceeds. Exact delivered the $... More...   $0 (05-23-2013 - OH)

Plaintiff-appellant Ellis Walker brought this action below pro se, alleging that the conditions of his confinement in the Federal Correctional Institution in Ray Brook, New York ("FCI Ray Brook") amounted to cruel and unusual punishment in violation of the Eighth Amendment. The United States District Court for the Northern

-3-

of New York (Kahn, J.) granted defendants-appellees' moti... More...   $0 (05-23-2013 - NY)

Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.

Arizona House Bill 2036 (“H.B. 2036â€� or “the Actâ€�), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks.... More...   $0 (05-22-2013 - AZ)

In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg... More...   $0 (05-21-2013 - ME)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...   $0 (05-21-2013 - MA)

In this restricted appeal from a default judgment, RSL sued two former employees, Matthew Date and Shane McCallay, and their business, Structured Capital Investments (“SCI�), for misappropriating RSL’s confidential and proprietary information. RSL’s claims against Date and SCI were severed from

2

those against McCallay when Date and SCI failed to answer the suit. McCallay con... More...   $0 (05-18-2013 - TX)

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

2

District1 (“HISDâ€�), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebargerâ€�).3 The o... More...   $0 (05-18-2013 - TX)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

In four issues, Appellants Peter and Mary Beth Payne, David and Oksana Howard, Melvin and Donna Harris, and Christina Childers (collectively, the Homeowners) appeal the trial court’s summary judgments for Appellees J. Baker Corporation formerly known as Little Elm/2000, Ltd.; Landstar Homes Dallas, Ltd.; GCS Trails of Frisco, L.P. d/b/a The Trails of Frisco Golf Club; and Sun Den Frisco Investme... More...   $0 (05-16-2013 - TX)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

A church sought coverage from its insurer for damage sustained during a flood. Following a two-part jury/court trial, the insurer prevailed. On appeal, the church raises several arguments in support of reversal, including a contention that the jury’s answers to special verdict questions were inconsistent. We find that issue dispositive, but also address the district court’s construction of the... More...   $0 (05-15-2013 - IA)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

Brandon Swallow appeals the circuit court’s judgment dismissing his Rule 24.035 motion for post-conviction relief, because the circuit court found his motion was untimely filed. Mr. Swallow claims the circuit court erred in dismissing his motion because he filed it within 180 days of his delivery to the department of corrections for his first degree assault sentence, which triggered the period i... More...   $0 (05-14-2013 - MO)

Defendant Dawn Quang Tran pleaded not guilty by reason of insanity (NGI) to a sexual offense and was committed to a state mental hospital for treatment. (Pen. Code, § 1026.5, subd. (a).)1 Before the commitment expired, the Santa Clara County District Attorney filed a petition to extend it. (§ 1026.5, subd. (b).) At that time, the trial court was required to “advise the person named in the peti... More...   $0 (05-10-2013 - )

Joe Ware appeals from the trial court’s award of attorney fees and court costs in a property insurance dispute. He argues the trial court erred in awarding him only $3,133.20 in attorney fees. He claims he proved attorney fees of $133,497.00, and asks this Court to render a judgment awarding him that amount. He does not ask that the case be remanded. Ware also contends the award for court costs ... More...   $0 (05-09-2013 - TX)

This appeal stems from a roof replacement on Ramona Jones’s home performed by Global General Construction Services, LLC (Global). Jones sued in small claims court, and the court granted Global’s motion for summary judgment based on the statute of limitations. Jones appealed to the county court at law, which conducted a trial de novo and ruled in favor of Jones. Global appeals the judgment of t... More...   $0 (05-09-2013 - TX)

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More...   $0 (05-09-2013 - TX)

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entitiesâ€� in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

A trial court has statutory authority to determine the "reasonable rate" a court reporter may charge a "non-noticing party" for copies of deposition transcripts in a pending action. (Code Civ. Proc., §§ 2025.510, 128, subd. (a)(5);1 Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014 (Serrano).) Here we decide that a non-noticing party who does not move for such an order in ... More...   $0 (05-07-2013 - CA)

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fiancé, Michael Strang, and issued by Defendant Pruco

2 No. 11-3870

Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, “Prudentialâ€�). When Strang died, Prudential informed Phillips that the default method for paying the claim was the â€... More...   $0 (05-07-2013 - IN)

Kenneth W. Hall and Roberta Hall brought suit against Deutsche Bank Trust Company, N.A. a/k/a Deutsche Bank National Trust Company (Deutsche), the lienholder of the home equity loan secured by their property. Among other things, the Halls claimed that the original lender from whom Deutsche had been assigned the Halls’ note and lien had not followed the procedures required by the Texas Constituti... More...   $0 (05-06-2013 - TX)

Plaintiffs-Appellants Jessica Fink and Brett Noia (“Plaintiffsâ€�) appeal from a judgment of the United States District Court for the Southern District of New York (Laura Taylor Swain, Judge) dismissing their Second Amended Class Action Complaint (“Complaintâ€�) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. We conclude that the allegations stated in the Complaint – which... More...   $0 (05-06-2013 - NY)