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Civil Procedure Law
Caterpillar Financial Services Corporation v. The F/V Site Clearance I, etc.

These appeals arise from proceedings in the Eastern District of North Carolina, in which F/V Capt. Dylan, Incorporated, unsuccessfully sought ownership of certain fishing permits assigned to a vessel owned by Atlantic Capes Fisheries, Incorporated, but used by The F/V Site Clearance I. Capt. Dylan's claim to the fishing permits stems from its September 2005 purchase of Site Clearance I from ... More...   $0 (04-25-2008 - NC)

National Wildlife Federation, et al. v. National Marine Fisheries Service, et al.

These consolidated appeals bring us once more to the Pacific Northwest, for another round in the complex and longrunning battle over salmon and steelhead listed under the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-1544. In this ESA action brought by the National Wildlife Federation and other plaintiffs (collectively "NWF"), we consider a November 2004 Biological Opinion ("2004 BiOp") ... More...   $0 (04-25-2008 - OR)

Kathleen Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2

A Wyoming jury found that a school superintendent in Sheridan County had unconstitutionally discriminated against two administrators. The judge allowed the jury to award damages for the superintendent's conduct against the school district but not against the superintendent himself. Both the plaintiffs and the school district have appealed, requiring us to decide the scope of municipal liabili... More...   $0 (04-25-2008 - WY)

Michael F. Jennings v. Kay Jennings Family Limited Partnership, et al.

In this appeal we consider whether the trial court erred in dismissing Michael Jennings' derivative suit because Michael, a limited partner in the Kay Jennings Family Limited Partnership, did not "fairly and adequately represent the interests" of the limited partners and the partnership and therefore lacked standing to bring a derivative suit pursuant to Code § 50-73.62.

FACTS and PROCEEDING... More...   $0 (04-24-2008 - VA)

The Piney Run Preservation Association v. The County Commissioners of Carroll County, Maryland

Piney Run is a small stream with its headwaters near the border of Carroll and Baltimore counties in Maryland. For the second time, the Piney Run Preservation Association ("the Association") has filed a citizen suit under the Clean Water Act ("CWA" or "the Act") alleging that the County Commissioners of Carroll County ("the County") are violating the CWA by discharging treated wastewater (i.e... More...   $0 (04-24-2008 - MD)

Frederick Carrozza, Sr. v. Samuel P. Carrozza, et al.

This case involves a dispute over the ownership of certain real property at 168-172 Atwells Avenue, Providence (Atwells Avenue Property). From 1948 until 2002, the Atwells Avenue Property had been in the hands of one or more members of the Carrozza family. In 1948, Philip Carrozza (Philip) and his wife, Edith, the parents of Frederick Sr., acquired title to the Atwells Avenue Property via warr... More...   $0 (04-23-2008 - RI)

Howard A. Engle, M.D., et al. v. Liggett Group, Inc., et al.

This case arises from the Third District Court of Appeal's reversal of a final
judgment entered in a smokers' class action lawsuit that sought damages against
cigarette companies and industry organizations for alleged smoking-related
injuries. See Liggett Group, Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003)
(hereinafter "Engle II"). The final judgment awarded $12.7 million in... More...
   $600000000 (04-23-2008 - FL)

Rosia L. Scott v. Eastman Chemical Company

Judge: Plaintiff-Appellant Rosia L. Scott ("Scott" or "Plaintiff") appeals the order of the district court granting Defendant-Appellee Eastman Chemical Company's ("Eastman" or "Defendant") Motion for Summary Judgment on her employment discrimination claims. Scott alleges: (1) that she was denied promotions based on sex and in retaliation for engaging in protected activity occurring from Novemb... More...   $0 (04-22-2008 - TN)

Nilda Gutierrez, et al. v. Johnson & Johnson

Petitioners are former employees of Johnson & Johnson. They allege that Johnson & Johnson discriminated against them on the basis of their race. Petitioners attempted to certify a class of plaintiffs that encompassed any African- American or Hispanic employee of Johnson & Johnson or any of its United States subsidiaries who was employed at any time during an approximately ten-year period. Th... More...   $0 (04-22-2008 - NJ)

Mississippi Public Employees' Retirement System v. Boston Scientific Corporation, et al.

This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of Boston Scientific stock, alleges that company exec... More...   $0 (04-22-2008 - MA)

Francis Marcoux, et al. v. Shell Oil Products, et al.

Defendants-appellants Shell Oil Company, Shell Oil Products Company (collectively, "Shell"), and Motiva Enterprises appeal jury verdicts against them on several claims relating to their treatment of plaintiffs-appellees (the "Dealers"), franchisees and operators of Shell-branded service stations. Shell and Motiva (together, "the defendants") challenge the legal basis for verdicts against them unde... More...   $0 (04-22-2008 - MA)

hardin, et al. v. NBC Universal, Inc., et al.

Under the authority of 1983 Ga. Constitution, Art. VI, Sec. VI, Para. IV and OCGA § 15-2-9, the United States District Court for the Northern District of Georgia has certified two questions of Georgia law in a putative class action lawsuit pending in that court.

As stated in the district court's certification order, plaintiffs are Georgia residents who unsuccessfully played the "Lucky ... More...   $0 (04-21-2008 - GA)

Paul Medlen; Sally Medlen v. Estate of Myles Meyers; Daimlerchrysler Corp., and The Wackenhut Corp.

Plaintiffs Paul and Sally Medlen1 appeal a summary judgment order dismissing their claims of employer intentional tort, negligence, and common law battery against DaimlerChrysler Corp., Wackenhut Corp., and the Estate of Myles Meyers ("Estate"), respectively. Because we find no basis for federal jurisdiction, we vacate the district court's judgment, and remand the case to the district court wi... More...   $0 (04-16-2008 - OH)

Kathy Conner v. State Farm Mutual Automobile Insurance Company

Plaintiff Kathy Conner appeals the district court's grant of summary judgment in favor of Defendant State Farm Mutual Automobile Insurance Company ("State Farm") and the denial of her Rule 59(e) Motion to Alter or Amend the Judgment.

Conner brought suit against State Farm, alleging that State Farm violated Kentucky's Civil Rights Act, KY. REV. STAT. § 344.040(1), by discriminating against... More...   $0 (04-16-2008 - KY)

Jessica Wilkerson v. New Media Technology Charter School, Inc. t/d/b/a New Media Technology Charter School

* * * New Media Technology Charter School, Inc. ("New Media") employed Jessica Wilkerson by letter dated March 4, 2005, "as an ‘advisor' (essentially a teacher) during the spring 2005 school year." App. at 65. When she applied for the position, Wilkerson disclosed to New Media her "Christian ministry activities," and New Media was aware of her "Christian faith." App. at 65.

In May 2005... More...   $0 (04-14-2008 - PA)

Great-West Life & Annuity Insurance Company v. Information Systems & Network Corporation

This appeal presents yet another set of facts upon which we must determine whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., preempts certain state law claims. More specifically, the sole issue we decide in this appeal is whether ERISA preempts a state law breach of contract claim and an alternatively pled state law unjust... More...   $0 (04-14-2008 - MD)

Best Interiors, Inc. v. Millie and Severson, Inc.

Under Code of Civil Procedure section 1281.2, the trial court denied a petition to compel arbitration. That section gives the court the discretion to deny enforcement of an arbitration agreement, and to order all parties to litigate in a single action, if the court determines that (1) a party to the arbitration agreement is also a party to a pending court case with a third party arising out of... More...   $0 (04-12-2008 - CA)

Mercedes Carvajal v. United States of America

The main question that we must decide is whether the principles announced in United States v. $227,000 U.S. Currency, 69 F.3d 1491 (9th Cir. 1995), survive the enactment of the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") (codi- fied at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold that they do. Accordingly, we reverse the district court's dismissal of a claim for accrued inter... More...   $0 (04-12-2008 - CA)

Brandon S. Blair, et al. v. City of Worcester, et al.

Plaintiffs-appellants Brandon S. Blair and Richard N. Tousignant ("plaintiffs") appeal the district court's dismissal of two separate actions in favor of defendants City of Worcester, Massachusetts ("City"), former Worcester Chief of Police James Gallagher, and Worcester Police Officers Daniel Dowd, Thomas Dowd, Thomas C. Duffy, Falcone Footnote , Edward McGinn, James Moore, Jose Ortiz, Jonathan T... More...   $0 (04-11-2008 - MA)

State of Louisiana, etc., et al. v. AAA Insurance, et al.

The Attorney General of Louisiana filed a class action, naming the State and numerous Louisiana citizens as Plaintiffs. The class action alleged that the Defendant insurance companies failed to pay covered insurance claims following Hurricanes Katrina and Rita and as a result breached the insurance contracts to which the State is a partial assignee. It requested damages and declaratory and in... More...   $0 (04-11-2008 - LA)

Bobby Hardrick v. City of Bolingbrook and Bolingbrook Police Officers Limacher, Salerno, et al.

Bobby Hardrick ("Hardrick") filed a one-count complaint against Officers Limacher, Salerno, Riend, and Liazuk pursuant to 42 U.S.C. § 1983 alleging unlawful arrest and unreasonable force in arrest in violation of his rights under the Fourth and Fourteenth Amendments and against the city of Bolingbrook, Illinois pursuant to a state indemnification statute, 745 ILCS 10/9-102. The district cou... More...   $0 (04-10-2008 - IL)

Lester Grovatt, et al. v. St. Jude Medical, Inc.

This products liability litigation is before us for a second time. The present appeal concerns the district court's certification of a class of plaintiffs, pursuant to Federal Rule of Civil Procedure 23(b)(3), to litigate claims against St. Jude Medical, Inc. ("St. Jude"), arising from alleged violations of two Minnesota consumer protection statutes. We conclude that the class was not properly... More...   $0 (04-09-2008 - MN)

Barbara Jean Phillips v. E.I.DuPont de Nemours & Co.

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt... More...   $0 (04-09-2008 - WA)

Abel Ruiz Diaz v. Eagle Produce Limited, et al.

In this appeal we consider whether the district court appropriately entered summary judgment against four farm workers who brought suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., after being discharged in the context of a seasonal slowdown in agricultural activity. Applying the three-stage burden-shifting framework established in McDonnell Douglas Corp. v... More...   $0 (04-09-2008 - AZ)

Chad Dennis Nord d/b/a Nord Trucking v. Red Lake Nation Tribal Court

Donald Michael Kelly and the Red Lake Nation Tribal Court ("Tribal Court") appeal the district court's1 grant of summary judgment to Chad Dennis Nord and his father Dennis Nord, doing business as Nord Trucking (collectively, "the Nords") in this declaratory judgment action. The district court determined that the Tribal Court lacked jurisdiction over a suit against a non-Indian, nonmember of th... More...   $0 (04-09-2008 - MN)

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