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Civil Procedure Law
 
California Public Employees' Retirement System, et al. v. Gary Trobee

After the California Public Employees' Retirement System (PERS)1 rendered its adverse findings, senior information systems analyst supervisor Gary Trobee (plaintiff) continued to prosecute his whistleblower claim (Gov. Code, § 8547.3; Lab. Code, § 1102.5) without challenging those findings by mandamus.

He contends he has the right to pursue a civil action for damages once the State Pers... More...   $0 (02-15-2008 - CA)

Jeanette Alleyne, etc. v. New York State Education Department

Defendants-Appellants, who are various New York State educational entities, appeal an order of the United States District Court for the Northern District of New York (Sharpe, J.), preliminarily enjoining the implementation of N.Y. Comp. Codes R. & Regs. tit. 8, § 200.22(f)(4), which purports to regulate certain treatments administered to special needs students. We vacate the injunction and rem... More...   $0 (02-14-2008 - NY)

Sheryl Serreze Desrosiers v. Hartford Life and Accident Insurance Company

Sheryl Serreze Desrosiers appeals from two adverse summary judgment rulings which together upheld the denial of her claim for long-term disability benefits by Hartford Life & Accident Insurance Co. ("Hartford"). Footnote The district court first ruled that Desrosiers's common law claims Footnote were preempted by ERISA. After allowing Desrosiers to amend her complaint to proceed under ERISA, the c... More...   $0 (02-14-2008 - RI)

E.C. "Bud" Barnes, et al. v. Dale E. Clarkson, et al.

1 Plaintiffs E.C. Barnes (Barnes); Rampart Recreational and Leisure Industries, LLC; Utah Trails Resort & Tours, LLC; and Utah Trails Resort, Inc. appeal a grant of summary judgment in favor of Defendants Dale E. Clarkson (Clarkson); Golden Circle Tours, Inc.; and Clarkson Properties, Inc. Plaintiffs additionally appeal both the denial of their motion to withdraw admissions and a second summ... More...   $0 (02-14-2008 - UT)

J.B.D. v. Plan Loving Adoptions Now, Inc., et al.

Plaintiff, the birth mother of G, released and surrendered him to an adoption agency called Plan Loving Adoptions Now, Inc., (PLAN), and consented to his adoption from that agency. G was subsequently adopted by E. T. and P. T. (the Ts). Thereafter, plaintiff filed a motion to set aside the adoption. The trial court denied that motion, and plaintiff appeals. We affirm.

The following facts are... More...   $0 (02-13-2008 - OR)

Melodye Broadley, Guardian for Linda Sue Broadley et al. v. State of Rhode Island

This case came before the Supreme Court on December 10, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Accordingly, we shall decide the appeal without f... More...   $0 (02-11-2008 - RI)

Norman Dufresne v. Daimlerchrysler Corp.

Norman Dufresne appeals from the trial court's order denying him attorney's fees and costs under the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (MMWA). The trial court found that because Dufresne settled pursuant to an offer of judgment he could not be considered a "prevailing party" and was therefore precluded from seeking statutorily authorized attorney's fees. We disagree an... More...   $0 (02-08-2008 - FL)

Mary Ryan, et al. v. Roman Catholic Bishop of Providence, et al.

The plaintiffs, Mary Ryan and Thomas Ryan, appeal to this Court from the motion justice's1 entry of judgment, pursuant to Rule 54(b) of the Superior Court Rules of Civil Procedure, in favor of the following defendants: Most Reverend Louis E. Gelineau, Most Reverend Daniel P. Reilly, Most Reverend Kenneth A. Angell, the Roman Catholic Bishop of Providence (a corporation sole), and Saint Thomas ... More...   $0 (02-08-2008 - RI)

William Bischoff, et al. v. Donald L. Bletz, Sr., et al.

From the perspective of appellant Rodney White, these proceedings must seem Kafkaesque. Donald Bletz, Sr. and Bruce Van Guilder ("defendants") appear to have repeatedly ignored his deeded right of first refusal while plaintiffs were somehow able to extinguish it despite the fact that they raised no claim against White in their complaint, they were not parties to his deed, and they had constructiv... More...   $0 (02-08-2008 - VT)

Estate of C. Delores Tucker, etc. v. Interscope Records, Inc., et al.

In the early 1990s, Cynthia DeLores Tucker, whose history as an activist dates back to the civil rights movement of the 1950s and 1960s, became concerned with the increasing popularity of the style of hip-hop music known as "gangsta rap," particularly its appeal to African-American youth. She enlisted the support of notable entertainers including Dionne Warwick and Melba Moore to engage in l... More...   $0 (02-08-2008 - CA)

Advanced Environmental Recycling Technologies, Inc. v. Advanced Control Solutions, Inc.

This appeal arises from a complaint filed by Appellee/Crossappellant Advanced Control Solutions, Inc. ("ACS") against Appellant/Crossappellee Advanced Environmental Recycling Technologies, Inc. ("AERT") and Orin B. Justice. The complaint averred that AERT, a client of ACS, had hired Justice, a former employee of ACS, in violation of a covenant not to compete. The complaint alleged multiple c... More...   $0 (02-07-2008 - AR)

Gary Despain and Joy Dispain v. James L. Bradurn, M.D.; Soundtec, Inc.

Aside from two procedural issues, this appeal primarily concerns whether the 1976 Medical Device Amendment (MDA) to the federal Food, Drug, and Cosmetics Act preempts the statelaw productsliability and negligence claims of Appellant Gary Despain against Appellee Soundtec, Inc., the manufacturer of a medical device; in addition, the appeal considers whether Despain's claims are barred by... More...   $0 (02-07-2008 - AR)

Imperial Apparel, Ltd., et al. v. Cosmo's Designer Direct, Inc., et al.

Imperial Apparel, Ltd. (Imperial); its owner, Paul Rosengarten; and an Imperial employee named Cyril Rosengarten brought an action in the circuit court of Cook County against Cosmo's Designer Direct, Inc. (Cosmo's), and the Chicago Sun-Times (the Sun-Times) alleging that an advertisement for Cosmo's published by the Sun-Times constituted defamation per se, defamation per quod, false light in... More...   $0 (02-07-2008 - IL)

Retha C. Klopfenstein v. Oklahoma Department of Human Services

1 In this accelerated appeal under the Oklahoma Administrative Procedures Act (OAPA), 75 O.S.2001 & Supp. 2007 §§ 250 through 323, Appellant, Retha C. Klopfenstein, seeks review of the trial court's dismissal for want of jurisdiction of her petition seeking review of an administrative agency order. After reviewing the facts and the law, we reverse and remand.

BACKGROUND

2 Appellant is ... More...   $0 (02-07-2008 - OK)

Melvin Davis, et al. v. Coca-Cola Bottling Co. Consolidated

The plaintiffs in this employment discrimination case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981, are seven employees and two former employees of Coca-Cola Bottling Co. Consolidated ("CCBCC"). In their complaint, they allege that CCBCC is maintaining a "pattern or practice" of discrimination against them and all other similarly sit... More...   $0 (02-06-2008 - AL)

Richard Harrell v. Melvin Bowen

In this case we determine whether, as a matter of law, a claim for punitive damages may be asserted against a decedent's estate on the basis of his alleged "egregiously wrongful acts." We hold that it may not and therefore affirm the decision of the Court of Appeals.

BACKGROUND

On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against M... More...   $0 (02-06-2008 - SC)

Silester Rivers v. Stephanie Genardini Solley

1 This is a sanctions case for an Arizona Rule of Civil Procedure 26.1 (Rule 26.1) discovery violation. Silester Rivers (Rivers) appeals the trial court's dismissal of his personal injury claim for failing to disclose the existence of a prior accident resulting in emergency room treatment. Rivers did not disclose the prior accident during discovery and never mentioned it during his Independent Me... More...   $0 (02-05-2008 - AZ)

Ellen Palmer, et al. v. Friendly Ice Cream Corporation

The sole issue raised by this appeal is whether an order denying class certification is an appealable final judgment. The plaintiffs,1 thirty-seven persons employed as waiters or waitresses by the defendant, Friendly Ice Cream Corporation, appealed from the order of the trial court to the Appellate Court, which dismissed the appeal for lack of a final judgment. We granted the plaintiffs' pe... More...   $0 (02-05-2008 - CT)

Carolyn May v. Travelers Property and Casualty Company of America

Carolyn May, a Colorado resident and passenger injured in a motor vehicle accident, sued the insurer of the vehicle, Travelers Property Casualty Company of America (Travelers), a Connecticut corporation. Mrs. May sought reformation of the insurance policy for added personal injury protection (APIP) benefits in conjunction with the now repealed Colorado Auto Accident Reparations Act, Colo. Rev... More...   $0 (02-04-2008 - CO)

Nicholas Sorensen, et al. v. John P. Barbuto, M.D. dba Neurology in Focus

1 This case comes before us on a writ of certiorari to the Utah Court of Appeals. We granted the writ of certiorari on two questions: (1) whether by filing a personal injury suit Nicholas Sorensen waived any duty of confidentiality encompassing ex parte communications between himself and Dr. John Barbuto in that suit; and (2) whether the court of appeals erred in construing the scope of the ... More...   $0 (02-01-2008 - UT)

Arthur L. Clark, et al. v. Lynne Boscher, et al.

Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Pérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the development of a residential subdivision on their land. ... More...   $0 (02-01-2008 - MA)

Gregory Best v. Carl R. Edwards and Sookie M. Edwards

1 Gregory Best appeals from the grant of summary judgment to defendants, Carl and Sookie Edwards and Frank and Frances Salinas, which ended Best's action for specific performance of a real estate option agreement. Best contends that although the Arizona statute of frauds mandates that an option contract for the sale of real property be in writing, the statute does not require that an amendment to... More...   $0 (01-31-2008 - AZ)

Larry Darveau v. Detecon, Inc.

After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amended... More...   $0 (01-31-2008 - VA)

Jodi Bullock v. Philip Morris, USA, Inc.

Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the findings of liability on several counts based on products liability and fraud, the admission of evidence, the refusal of proposed jury instructions relating to liability and punitive ... More...   $850000 (01-31-2008 - CA)

Conrad J. Dell'oca, et al. v. The Bank of New York Trust Company, N.A.

The DFS Defendants and the Business Plan Robert E. Vener was the president, director and controlling shareholder of DynaCorp Financial Strategies, Inc. (DynaCorp), and the president, chief executive officer, chief financial officer and director of DFS Credit Corporation (DFSCC), a wholly owned subsidiary of DynaCorp. Beginning in 1994, these entities operated under a business plan designed to... More...   $0 (01-31-2008 - CA)

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