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Civil Procedure Law
 
Mark Hurwitz v. City of Orange

This is a textbook example of a party trying to take advantage of its own wrong. In this case the opportunistic party is the City of Orange. The wrong is that the city violated a preliminary injunction not to build in a certain area or otherwise interfere with existing parking access enjoyed by a property owner. We will repeat the essence of

2 that statement just in case any reader mi... More...   $150000 (09-28-2004 - CA)

State of Texas v. Cyco.Net, Inc.

AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION

On this date, came on for hearing the above-entitled and numbered cause in which the STATE OF TEXAS (hereinafter "State"), acting by and through Attorney General of Texas, GREG ABBOTT, is Plaintiff, and CYCO.NET, INC., acting by and through its attorney of record, is Defendant. Through their respective attorneys of record, Plaintiff and Defe... More...   $3000 (09-24-2004 - TX)

Jeb Bush v. Michael Shiavo

The narrow issue in this case requires this Court to decide the constitutionality of a law passed by the Legislature that directly affected Theresa Schiavo, who has been in a persistent vegetative state since 1990.1 This Court, after careful consideration of the arguments of the parties and amici, the constitutional issues raised, the precise wording of the challenged law, and the underlyi... More...   $0 (09-23-2004 - FL)

Jennifer Radil v. Sanborn Western Camps, Inc.

Plaintiff-appellant Jennifer Radil was seriously injured in an automobile accident during an outing with her coworkers. She applied for and was denied Colorado workers' compensation benefits. She then filed this respondeat superior diversity suit against her employer under 28 U.S.C. § 1332 (2000). The district court dismissed her suit for lack of subject matter jurisdiction under Federal Rule... More...   $0 (09-22-2004 - CO)

Carol A. Schramer v. Tiger Athletic Association of Aurora

Plaintiff, Carol A. Schramer, appeals from an order of the circuit court of Kane County dismissing her complaint against defendant, Tiger Athletic Association of Aurora, for recovery of her husband's hospital, medical, and funeral expenses pursuant to section 6--21 of the Liquor Control Act of 1934 (235 ILCS 5/6--21 (West 2000)), popularly known as the Dramshop Act. At issue is whether the Dra... More...   $0 (09-15-2004 - IL)

Patrick Wernimont v. William Joe Wernimont

In this personal injury action, Patrick Wernimont sued his father, William Wernimont, for injuries arising out of the use of a skid loader that William owned. Patrick alleged that as his employer, William owed him a duty to provide reasonably safe machinery and a reasonably safe place to work. Patrick also alleged William failed to warn him of the danger the skid loader presented under the ... More...   $0 (09-15-2004 - IA)

Dottie Goldstein, et al. v. Ralphs Grocery Company

Defendant, Ralphs Grocery Company, purports to appeal from the denial of its special motion to strike the complaints of various plaintiffs in a class action.

The special motion to strike was denied pursuant to both Code of Civil Procedure sections 425.16 and 425.17.1 Plaintiffs have moved to dismiss the appeal based on the language in section 425.17, subdivision (e). We agree with plai... More...   $0 (09-14-2004 - CA)

Raymond Conness v. Usha Satram

Pursuant to the Domestic Violence Prevention Act (DVPA) (Fam. Code,1 § 6200 et seq.), a court may issue a protective order to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved. (§§ 6220, 6300.) California law regulates the issuance of mutual restraining orders under the DVPA by subjecting them to a... More...   $0 (09-14-2004 - CA)

June F. Shore, et al. v. Deborah L. Gurnett

The United States Supreme Court has relied on the federal due process clause to constitutionalize the law of punitive damages. (State Farm Mut. Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408 (Campbell); BMW of North America, Inc. v. Gore (1996) 517 U.S. 559 (Gore).) Campbell and Gore not only prescribe procedural limitations on such awards but, substantively, forbid awards that are g... More...   $7500000 (09-14-2004 - CA)

Alexander; Arnold; Bates, et al v. The State of Oklahoma; The City of Tulsa; The Chief of Police of the City of Tulsa, et al.

On May 31, 1921, and following into the next day, violent attacks destroyed the African-American community of Greenwood, Oklahoma. An angry white mob converged on Greenwood in a devastating assault, burning homes and businesses, killing up to three hundred people, and leaving thousands homeless. In February 2003, Plaintiffs-Appellants, all Riot survivors or descendants of survivors, filed sui... More...   $0 (09-08-2004 - OK)

John Leinhart and Bradley University v. Jayme Jurkovich

Plaintiff, Jayme Jurkovich, a college student at Bradley University in Illinois, sued the University and the driver of its van, for injuries sustained in an automobile accident that occurred while plaintiff was in Fort Lauderdale with the University swim team. She recovered a substantial judgment, and the University appeals. We address two claims. First, the University contends that the... More...   $348000 (09-04-2004 - FL)

Katherine Swartsel v. Publix Super Markets, Inc.

We have an appeal in a malicious prosecution action from a summary judgment entered against plaintiff on the grounds that she failed to show that the underlying criminal case resulted in a bona fide termination in her favor. Defendant, in turn, appeals the denial of its claim for attorneys fees and costs. We affirm on both appeals and write briefly to explain our reasoning.

The underl... More...   $0 (09-04-2004 - FL)

Auburn Woods I Homeowners Association, et al. v. Fair Employment and Housting commision, et al.

Under the California Fair Employment and Housing Act (FEHA) (Gov. Code § 12900 et seq.; subsequent unspecified statutory references are to the Government Code), it is an unlawful practice to refuse "to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwell... More...   $0 (09-04-2004 - CA)

Michael Flatley v. D. Dean Maauro

Defendant, D. Dean Mauro, who is an attorney, appeals from an order denying his special motion to strike, pursuant to Code of Civil Procedure1 section 425.16, the second amended complaint for civil extortion, intentional infliction of emotional distress, and wrongful interference with perspective economic advantage brought by plaintiff, Michael Flatley. The complaint was filed two days af... More...   $0 (09-04-2004 - CA)

Eugene Elliott v. Turner Construction Company, et al.

In this diversity action, defendants Turner Construction Company and B&C Steel, Inc., appeal a jury verdict finding them negligent and awarding plaintiff Eugene Elliot damages for personal injuries he suffered while assisting in the launch of a pedestrian bridge. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part and reverse in part. I. Turner Construction was hired... More...   $2418894 (08-26-2004 - CO)

Ronald J. Fischer v. Donald H. Brancato, et al.

Appellant Ronald J. Fischer ("Creditor") appeals from the trial court's judgment in favor of Respondents Donald H. Brancato ("Debtor"), Georgia D. Brancato ("Wife"), Donald H. Brancato, Inc. ("DHBI") and North County Orthopedics, Inc. ("NCOI") on his petition for civil conspiracy to engage in a fraudulent conveyance and civil conspiracy to tortiously interfere with his judgment lien. Creditor a... More...   $0 (08-24-2004 - MO)

In the Matter of Janus Capital Management LLC, Respondent. ORDER INSTITUTING ADMINISTRATIVE AND CEASEAND- DESIST PROCEEDINGS PURSUANT TO SECTIONS 203(e) AND 203(k) OF THE INVESTMENT ADVISERS ACT OF 1940 AND SECTIONS 9(b) AND 9(f) OF THE INVESTMENT COMPANY ACT OF 1940, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS AND A CEASE-AND-DESIST ORDER

The United States Securities and Exchange Commission (the "Commission") deems it appropriate and in the public interest that administrative and cease-and-desist proceedings be, and hereby are, instituted pursuant to Sections 203(e) and 203(k) of the Investment Advisers Act of 1940 ("Advisers Act"), and Sections 9(b) and 9(f) of the Investment Company Act of 1940 ("Investment Company Act")... More...   $100000000 (08-19-2004 - DC)

Martha A. Finley v. Hewlett-Packard Company Employee Benefits Organization Income Protection Plan.

Plaintiff-Appellant Martha A. Finley was denied long-term disability benefits by her employee benefit plan. She brought suit against Defendant-Appellee Hewlett-Packard Company Employee Benefits Organization Income Protection Plan ("the Plan") under 29 U.S.C. §§ 1132(a)(1)(B), 1133. The Plan moved for summary judgment. The District Court granted this motion, holding that no genuine issue of fact... More...   $0 (08-16-2004 - CO)

Kaw Nation et al v. Phil Lujan et al.

Plaintiffs appeal the dismissal of their suit for lack of subject matter jurisdiction. They contend that the district court erred in characterizing their claims as involving a purely intratribal dispute and assert that the district court had jurisdiction to determine whether certain persons were properly appointed to the Kaw Nation District Court (KNDC) and the Kaw Nation Supreme Court. Exercis... More...   $0 (08-16-2004 - OK)

Balboa Island Village Inn, Inc. v. Anne Lemen

We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas... More...   $0 (08-12-2004 - CA)

In Re The Marriage of Jeanie Marie Kloberdanz and Neal Arnold Kloberdanz, Jeanie Marie Kloberdanz, n/k/a Jeanie Marie Dewitt vs. Neal Arnold Kloberdanz.

Jeanie Kloberdanz appeals from an order imposing a monetary sanction on her attorney in connection with filings made in an action to modify a dissolution decree. We reverse.

Factual and Procedural Background.

The marriage of Jeanie and Neal Kloberdanz was dissolved on April 6, 1995. The dissolution decree granted the parties joint custody of their son, Nathan. The decree... More...   $0 (07-30-2004 - IA)

In Re The Marriage of Dawn M. Isaac and Verlyn J. Isaac, Dawn M. Isaac, n/k/a Dawm M. Keegan vs. Verlyn J. Isaac.

Dawn Keegan and Verlyn Isaac dissolved their marriage on October 28, 1997. The parties are the parents of two minor children.

In their original dissolution decree, the court adopted the parties' stipulation whereby Dawn and Verlyn agreed to joint custody of their two minor children, with Dawn serving as the physical care provider. The parties determined that Verlyn would receive reasonable... More...   $0 (07-28-2004 - IA)

Lidia Sneed, et al. v. Rita Saenz, as Director, etc., et al.

Plaintiffs Lidia Sneed and Cheryl Bell appeal a judgment in favor of defendants California Department of Social Services and its Director Rita Saenz (together Department) after the court denied Sneed and Bell's petitions for ordinary and administrative mandamus and request for declaratory relief. In those proceedings, Sneed and Bell challenged Department's interpretation and implementatio... More...   $0 (07-28-2004 - CA)

Johnnie Flournoy v. Ameritech

The plaintiff, Johnnie Flournoy, filed a complaint against the defendant, Ameritech, alleging fraud and negligence. Ameritech filed a motion to dismiss the complaint pursuant to sections 2--615 and 2--619 of the Code of Civil Procedure (Code). 735 ILCS 5/2--615, 2--619 (West 2002). The trial court granted Ameritech's motion and dismissed the complaint. Flournoy appeals, contending that the tria... More...   $0 (07-26-2004 - IL)

Franchise Holding II, L.L.C. v. Huntington Restaurant Group, Inc., et al.

Huntington Restaurants Group, Inc., Richard P. Beattie and Michelle Beattie (collectively, "HRG") appeal the district court's denial of their motion to set aside an entry of default and a default judgment. While the law favors deciding disputes on the merits, the district court's decision here to deny HRG's motion to set aside the entry of default and default judgment was squarely withi... More...   $24874870 (07-23-2004 - AZ)

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