The Duck Test holds that if it walks like a duck, swims like a duck, and quacks like a duck, it’s a duck. Joseph Lake, the plaintiff in this suit, flunks the Duck Test. He says, in effect, that if it walks like a duck, swims like a duck, and quacks like a duck, it sure as heck isn’t a duck.

The crux of Lake’s argument in this appeal is that a voter registration form is actually a moto... More...   $0 (11-06-2009 - IL)

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

Bruce Gelman appeals the district court’s Rule 12(b)(6) dismissal of the claims he filed under the Fair Credit Reporting Act that arose from an allegedly improper disclosure of his credit report and a subsequent mailer from an insurance company that arose from that disclosure. For the reasons that follow, we will affirm the district court.

I. FACTUAL BACKGROUND1

On or about Novembe... More...   $0 (10-10-2009 - pa)

¶1 Plaintiffs (“the Farmers”) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOL”) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the District”). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

The question presented by this appeal is whether the applicable statute of limitations for a claim filed in Maryland pursuant to the federal Telephone Consumer Protection Act of 1991 (“TCPA”) is four years – based upon the federal “catch all” limitation period set forth in 28 U.S.C. § 1658(a) – or three years – based upon the Maryland general civil limitation period set forth in Mar... More...   $0 (10-05-2009 - MD)

Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court’s1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary

I. Background

Rakes and Hollander purchased long term care (LTC) ... More...   $0 (10-04-2009 - IA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (10-02-2009 - MA)

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...   $0 (09-30-2009 - ID)

¶1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election lett... More...   $0 (09-30-2009 - Ok)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (09-29-2009 - MA)

Civil Code section 2941(section 2941) imposes certain obligations on the parties to a secured real estate loan transaction to promptly clear title to the encumbered property after satisfaction of the loan. As part of this process, section 2941, subdivision (c), requires a county recorder to “stamp and record” within two business days from the day of receipt in proper form and with all required... More...   $0 (09-24-2009 - CA)

This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T),1 based upon AT&T‟s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the Unfair Com... More...   $0 (09-23-2009 - CA)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

In this consumer class action case the trial court found plaintiff's claims against a retailer for violation of provisions of the Song-Beverly Credit Card Act of 1971 (Song-Beverly) were pre-empted by provisions of a federal statute, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (tit. 15, U.S.C, § 7701 et seq.) (CAN-SPAM). Accordingly, the trial court sustaine... More...   $0 (09-22-2009 - CA)

Plaintiff Sara Cho filed a representative class action against Seagate Technology (US) Holdings, Inc. (Seagate) for falsely overstating in advertising and packaging the storage capacity of computer disc drives that it manufactures for public sale. The case was settled and David Klausner objected to the settlement. Klausner argued the class definition was imprecise and misleading, and that there w... More...   $0 (09-14-2009 - CA)

This case arises out of a brawl between two biker gangs, the Hell’s Angels and the Mongols. The gangs brawled at Harrah’s casino in Laughlin, Nevada, during its annual River Run event in 2002. Several people were killed, and many were injured. As a result, several groups of plaintiffs, who were not directly involved in the brawl, sued Harrah’s under various negligence theories. These sui... More...   $0 (09-10-2009 - NV)

Plaintiff Eldon Hylton filed a complaint against his former attorney, defendant Frank E. Rogozienski, seeking damages and rescission of a contingency fee contract based on Rogozienski's alleged misfeasance in connection with his professional representation of Hylton. Rogozienski moved to strike the complaint pursuant to Code of Civil Procedure1 section 425.16, commonly referred to as the anti-SLAP... More...   $0 (09-09-2009 - CA)

This case involves two appeals arising from the dismissal of a putative consolidated class action against H&R Block, Inc. (“Block”), and individual defendants who are corporate officers or directors of Block. First, Horizon Asset Management Inc. (“Horizon”) appeals the merits of the dismissal, arguing that the district court erred in concluding that Horizon failed adequately to plead scien... More...   $0 (09-09-2009 - MO)

This case involves a confused and confusing class action lawsuit that we put to rest today. Robert Harper sued the Sheriff of Cook County, claiming that when new detainees are remanded to the Sheriff’s custody after a probable cause hearing, they are unconstitutionally required to undergo certain intake procedures at the Cook County Jail before being allowed to leave on bond. The district court ... More...   $0 (09-08-2009 - IL)

On these appeals, certain pharmacies, several organizations representing pharmacies and an organization representing pharmacy benefit managers ("PBMs") challenge settlements in two class actions. The actions were brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, as well as a wholesaler not party to these appeals. At issue are both the validity of the settlement... More...   $0 (09-03-2009 - MA)

Plaintiffs own a house that was built for them by several contractors and subcontractors, including defendants.(1) After the house was finished, plaintiffs discovered damage to the property allegedly caused by water leakage. Sometime after that discovery, but more than eight years after the construction was substantially complete, plaintiffs brought this action against defendants, alleging breac... More...   $0 (09-02-2009 - OR)

Defendant Midland National Life Insurance Company marketed annuities to senior citizens in Hawaii. At issue in this case are Midland annuities that were sold by independent brokers between 2001 and 2005. Plaintiff Gary Yokoyama purchased one of those annuities through an independent broker and filed this class action claiming that Midland marketed the annuities through deceptive practices, in viol... More...   $0 (08-28-2009 - HI)

Plaintiff Brian E. Wilgus, individually and on behalf of all others similarly situated, appeals from an order of the circuit court of Madison County granting a summary judgment in favor of defendant, CyberSource Corp., on plaintiffs' class action claim for breach of contract. The complaint was originally filed on July 19, 2002. After years of litigation and discovery, defendant moved for a summary... More...   $0 (08-27-2009 - IL)

Abdulahi Ali and Dimitar Hristov (plaintiffs), who formerly leased taxis from USA Cab Ltd., brought a putative class action against it and its principals, Alfredo Hueso and Jose Antonio Hueso (collectively USA Cab), alleging USA Cab's leases wrongfully classified lessees as independent contractors rather than employees, and USA Cab violated the law by not providing lessees with workers' compensati... More...   $0 (08-24-2009 - CA)