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Civil Procedure Law
 
The Robert N. Clemens Trust, et al. v. Morgan Stanley DW, Inc.

The Robert N. Clemens Trust, Automobile Consumer Service Corporation, John D. Brandon, Jr., Pat F. Wakefield, and Marty D. Jackson (collectively the "Plaintiffs") brought this class-action suit against Morgan Stanley DW, Inc. ("Morgan Stanley"). Plaintiffs allege that Morgan Stanley's brokers recommended to Plaintiffs the purchase of unsuitable securities in violation of Section 10(b) of th... More...   $0 (05-02-2007 - OH)

James Barfield and Chris Barfield v. Commerce Bank, N.A.

Chris Barfield, an African-American man, entered a Commerce Bank branch in Wichita, Kansas, and requested change for a $50 bill. He was refused change on the ground that he was not an account-holder. The next day, Chris Barfield's father, James Barfield, asked a white friend, John Polson, to make the same request from the bank. Mr. Polson was given change, and the teller never asked whether he ... More...   $0 (05-01-2007 - KS)

Brenda Lindsey, et al. v. Detroit Entertainment, LLC d/b/a Motor City Casino

Plaintiffs are seven unrelated individuals who were each detained by employees of Defendant Detroit Entertainment, L.L.C., which owns and operates MotorCity Casino, for picking up allegedly abandoned tokens or credits found in Defendant's slot machines. Plaintiffs brought this action under 42 U.S.C. § 1983, claiming that Defendant violated their constitutional rights under color of state la... More...   $0 (05-01-2007 - MI)

City of Monte Sereno v. Darla Padgett, et al.

The City of Monte Sereno ("City") sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be "deemed dismissed" upon defendants' compliance with the City's demands, and that the City could thereafter seek its attorney fees. The trial court a... More...   $0 (04-27-2007 - CA)

Gail M. Smith v. Aquila, Inc.

Gail Smith appeals the judgment of the Jackson County Circuit Court. The court granted Aquila, Inc. (Aquila) summary judgment on Ms. Smith's claim that her termination from employment was the result of racial discrimination. In her sole point on appeal, Ms. Smith claims the summary judgment was error because whether her termination was based on her race was a genuine issue of material fact. The... More...   $0 (04-25-2007 - MO)

Sean Breen, as Administrator of the Estate of Christopher Breen, et al. v. Texas A&M University, et al.

These consolidated appeals arise out of the violent collapse of the Texas A&M University bonfire stack on November 18, 1999, which killed 12 students and injured 27 others. In these appeals, plaintiffs seek to overturn the district court's grant of summary judgment under Federal Rule of Civil Procedure 56 dismissing their 42 U.S.C. § 1983 claims against University officials for damages res... More...   $0 (04-24-2007 - TX)

Norman K. Morrow v. Los Angeles Unified School District, et al.

On June 1, 2005, the Los Angeles Times reported Jefferson High School principal Norman K. Morrow - plaintiff and appellant in this appeal - would be replaced the next month "amid criticism by city and school district officials over his handling of a spate of student brawls that many say have been fueled by racial tensions." Local superintendent Rowena LaGrosa of the Los Angeles Unified Scho... More...   $0 (04-24-2007 - CA)

Eric Jason Brooks v. Galen of West Virginia, Inc. d/b/a Greenbrier Valley Medical Center et al.

This is an appeal by Eric Jason Brooks (hereinafter "Appellant") from a jury verdict in the Circuit Court of Greenbrier County in favor of Galen of West Virginia, d/b/a Greenbrier Valley Medical Center (hereinafter "GVMC" or "Appellee"). The Appellant contends that the lower court erred by taking judicial notice of a Social Security disability hearing which found the Appellant disabled due to a... More...   $0 (04-20-2007 - WV)

Beverly Cole, et al. v. General Motors Corporation

Defendant-appellant General Motors Corporation appeals the district court's certification of a nationwide Rule 23(b)(3) class of Cadillac DeVille owners who allege breach of express and implied warranties. For the reasons that follow we REVERSE the district court's Ruling and REMAND for entry of an order denying class certification.

I. FACTUAL AND PROCEDURAL BACKGROUND

General ... More...   $0 (04-10-2007 - LA)

Andrea Savaglio, et al. v. Wal-Mart Stores, Inc., et al.

The parties to a statewide class action involving claims that Wal-Mart Stores, Inc., et al.,1 denied meal and rest breaks to thousands of employees filed volumes of records conditionally under seal without complying with the constitutionally mandated procedures embodied in California Rules of Court,2 rules 2.550 and 2.551. After a local newspaper entered the proceedings with a motion to uns... More...   $0 (04-10-2007 - CA)

Bertina Rae Olseth v. Matthew D. Larsen

1 This case is before us on certification of a question of state law from the United States Court of Appeals for the Tenth Circuit. The question to be addressed is this: "Is the statute of limitations tolled under Utah Code Ann. § 78-12-35 when a person against whom a claim has accrued has left the state of Utah and has no agent within the state of Utah upon whom service of process can be... More...   $0 (04-04-2007 - UT)

Gratech Co., Ltd. v. Wold Engineering, P.C.

[1] Gratech Company, Ltd., ("Gratech") appeals the district court's judgment confirming an arbitration award in favor of Wold Engineering, P.C., ("Wold") and against Gratech. Wold cross-appeals that part of the district court's judgment denying it attorney's fees. We hold that the district court's order confirming the arbitration award was proper because the arbitration award was neither comple... More...   $0 (03-28-2007 - ND)

Nancy Brooks, Trustee of the Irrevocable Trust of Donald L. Silverman and as Executrix for the Estatews of Donald L. Silverman, etc. v. AIG Sunamerica Life Assurance Company

Nancy Brooks and Joan Silverman, as trustees of an irrevocable trust created by Donald Silverman and as executors of his estate, appeal from a district court decision dismissing their putative class-action claims for breach of contract and unfair business practices against decedent's life insurer, AIG SunAmerica Life Insurance Company. We affirm.

I

BACKGROUND

In May 1... More...   $0 (03-26-2007 - MA)

Jarek Molski, Disability Rights Enforcement, Education Services: Helping You Help Others ("DREES") v. M.J. Cable, Inc., a California corporation, d/b/a Cable's Restaurant

Jarek Molski ("Molski") appeals the District Court's denial of his motion for a new trial following a jury verdict in favor of M.J. Cable Inc., owner of Cable's Restaurant ("Cable's"). Molski, who is paraplegic, sued Cable's for violations of the Americans with Disabilities Act ("ADA") and California's Unruh Civil Rights Act ("Unruh Act"), alleging that Cable's failed to accommodate the d... More...   $0 (03-23-2007 - CA)

Katie A., et al. v. Los Angeles County, et al.

Defendants, the Director of the California Department of Health Services ("DHS") and the Director of the California Department of Social Services ("DSS"), appeal from the district court's grant of a preliminary injunction ordering them to screen members of a statewide class of foster children1 and, where medically necessary, provide the children with the forms of mental health care known ... More...   $0 (03-23-2007 - CA)

Norma Fonseca, et al. v. City of Gilroy, et al.

This is an appeal from a judgment following the trial court's denial of a petition for writ of mandate under Code of Civil Procedure section 1085. Plaintiffs Norma Fonseca and Terry Wilson sued the City of Gilroy and its City Council1 to, among other things, set aside the City's 2002 General Plan on the basis that its housing element does not meet or substantially comply with the requiremen... More...   $0 (03-23-2007 - CA)

Hassan Mansour v. Patrick Degas, et al.

The plaintiff in a personal injury lawsuit moved to vacate an order dismissing his lawsuit with prejudice. The motion was based on an asserted clerical error by the trial court in sending the order of dismissal to plaintiff's attorney at his previous rather than his current office address. Because the motion to vacate the dismissal order was not filed until more than ten months after plai... More...   $0 (03-23-2007 - CA)

Ora Devereaux v. Harris County Hospital District, et al.

Appellant, Ora Devereaux, appeals the trial court's dismissal with prejudice of her causes of action for breach of contract and negligence against appellee, Harris County Hospital District. After determining that Devereaux's claims were for health care liability as defined by the Medical Liability and Insurance Improvement Act (the Medical Liability Act), the trial court dismissed Devereaux'... More...   $0 (03-23-2007 - TX)

County of San Bernardino v. Martin Zavala Calderon, et al.

The Hospital Lien Act (HLA), which appears at Civil Code sections 3045.1 through 3045.6, provides that a hospital which provides emergency and ongoing care to a person injured by accident or through the negligent or wrongful conduct of another has a statutory lien, in the amount of the reasonable and necessary charges of the hospital, against any judgment, settlement or compromise received b... More...   $0 (03-22-2007 - CA)

John T. Shepard v. Edward MacKay Enterprises, Inc., et al.

The sole issue in this appeal is whether the Federal Arbitration Act (FAA), which makes valid and enforceable any arbitration provision in a contract "evidencing a transaction involving commerce," preempts California law allowing a purchaser of real property to bring an action in court for construction and design defects, notwithstanding an agreement to arbitrate. Plaintiff John Shepard pu... More...   $0 (03-22-2007 - CA)

James T. Carter v. Escondido Union High School District

James T. Carter sued his employer, the Escondido Union High School District (EUHSD), claiming that EUHSD wrongfully terminated his employment in violation of public policy. At trial, Carter supported his allegations by presenting evidence that EUHSD declined to "reelect" him to his probationary teaching position because, while employed as a teacher at another school district, Carter informe... More...   $0 (03-22-2007 - CA)

Shanghai Meihao Electric, Inc. v. Leviton Manufacturing Company, Inc.

Declaratory judgment defendant Leviton Manufacturing Co., Inc. ("Leviton") appeals the February 15, 2006 order of the United States District Court for the District of Maryland (1) granting plaintiff Shanghai Meihao Electric, Inc.'s ("Meihao") motion for summary judgment of noninfringement of U.S. Patent No. 6,040,967 ("the '967 patent"), No. 6,246,558 ("the '558 patent"), No. 6,381,112 ("the '1... More...   $0 (03-21-2007 - MD)

Sharyn Berg v. Meshiel Cooper Traylor, et al.

Appellants Meshiel Cooper Traylor (Meshiel) and her minor son Craig Lamar Traylor (Craig) appeal the judgment confirming an arbitration award in favor of Craig's former personal manager, respondent Sharyn Berg (Berg), for unpaid commissions under a contract between Berg, Meshiel and Craig and unrepaid loans from Berg.1 Because we find that Craig had the statutory right as a minor to disaf... More...   $0 (03-20-2007 - CA)

Directv, Inc. v. Alan J. Crespin

Defendant Alan Crespin, an attorney appearing pro se, appeals a jury verdict which found him liable to plaintiff DIRECTV, Inc. (DTV) for unlawfully receiving satellite transmissions and using them for his own benefit or for the benefit of another in violation of 47 U.S.C. § 605(a). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

I.

DTV is a direct broadcast satell... More...   $10000 (03-20-2007 - CO)

Melodie McAtee, et al. v. Capital One, F.S.B., et al.

Melodie McAtee, a California citizen, filed an amended complaint in California state court before the effective date of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat 4 (2005) (codified in scattered sections of 28 U.S.C.), naming as defendants Capital One, F.S.B., Capital One Services, and John Doe defendants 1 to 20. After the effective date of CAFA, McAtee am... More...   $0 (03-17-2007 - CA)

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