Plaintiff and appellant Robert Davis (Davis) appeals a judgment of dismissal following the sustaining without leave to amend of a demurrer interposed by defendant and appellant Ford Motor Credit Company LLC (Ford) to Davis‟s original complaint.

Ford also appeals, seeking review of a postjudgment order denying its motion for attorney fees.

This litigation relates to Ford‟s bil... More...   $0 (11-19-2009 - CA)

Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More...   $0 (11-19-2009 - CA)

The False Claims Act (“FCAâ€�) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.â€� Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...   $0 (11-19-2009 - WA)

This case concerns a landlord's liability for harm to a tenant's guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of th... More...   $0 (11-18-2009 - OR)

¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a... More...   $0 (11-16-2009 - OK)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More...   $0 (11-13-2009 - IL)

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

In this products-liability action, Appellants Debbie Hunter et al. (the Hunters) appeal a take-nothing judgment, raising three issues. We will affirm.

Background

Bob Hunter was killed in a post-collision fire that occurred after the 1999 Ford F-350 diesel pickup truck he was driving collided nearly head-on with a Toyota pickup truck. The Toyota’s driver was killed... More...   $0 (11-13-2009 - TX)

Edwin Hardt and Karl Hardt (“the Hardts�) appeal from the circuit court’s judgment dismissing for lack of standing their petition to enforce their charitable gift and the conditions thereon to the Vitae Foundation, Inc. (“Vitae�). We affirm.

Factual and Procedural Background

Appellants Edwin Hardt and Karl Hardt are executors of the estate of Selma J. Hartke. Pursuant to M... More...   $0 (11-10-2009 - MO)

Diane Bond sued the City of Chicago and several members of its police department, claiming that the officers violated her constitutional rights while performing official duties. During discovery, the City turned over voluminous material relating to citizen complaints against its police officers; the information was subject to a protective order that prohibited public disclosure of these confidenti... More...   $0 (11-10-2009 - IL)

Plaintiff Tammy King appeals from a judgment entered in favor of defendant Barbara Johnston. Tammy,1 a beneficiary of the Arthur L. Gilbert Testamentary Trust, sued Barbara in a civil action, alleging that Barbara had unduly influenced the trustee, Lenora Gilbert, to breach the trust.2 According to Tammy, Barbara induced Lenora to transfer a piece of trust property to herself, without consideratio... More...   $0 (11-09-2009 - CA)

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud... More...   $0 (11-09-2009 - CA)

Fifteen plaintiffs from the coordinated statewide clergy sex abuse cases appeal from the judgment of dismissal entered after the trial court sustained defendants‟ demurrers without leave to amend because plaintiffs‟ did not bring their previously time-barred claims against various Catholic Church entities during the one-year revival window for such claims. (Code Civ. Proc., § 340.1, subd. (c)... More...   $0 (11-06-2009 - CA)

Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC (“MBFâ€�) is a biodiesel refining company... More...   $0 (11-06-2009 - )

The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...   $0 (11-05-2009 - VA)

Bret “Docâ€� Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ... More...   $0 (11-05-2009 - TX)

This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and,... More...   $0 (11-02-2009 - )

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIGâ€�). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively “Metropublicâ€� or “defendantâ€�) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer ... More...   $0 (10-31-2009 - IL)

This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca... More...   $0 (10-29-2009 - KY)

Plaintiffs Joseph P. Donahue (“Donahueâ€�) and Sonoran Scanners, Inc. (“Sonoranâ€�) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmerâ€�) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More...   $0 (10-29-2009 - MA)

After an automobile accident with an underinsured motorist, appellant Theresa Leigh sued the other driver, her own automobile insurers, and her insurance agent, Richard Kuenstler Jr. As relevant to this appeal, she alleged that Kuenstler was negligent and acted unconscionably in failing to obtain uninsured/underinsured motorist coverage in an amount at least equal to her primary insurance policy=... More...   $0 (10-27-2009 - )

The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the federal district court in Chicago. He claims to have been defamed by the defendant, another bariatric surgeon, who practices in New York. The district judge dismissed the suit without prejudice, on the ground that venue in Chicago was improper, and the plaintiff appeals. The defendant cross... More...   $0 (10-23-2009 - )

¶1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.

BACKGROUND

¶2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly... More...   $0 (10-22-2009 - OK)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffsâ€�) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendantsâ€�... More...   $0 (10-22-2009 - OK)